Chapter 9-32 — Hillside Performance Standards

The City is situated among a series of major and minor hills. These hills constitute a significant natural topographical feature of the community because they are visible to all persons traveling the major highway arteries as well as to citizens residing in and around the City. The purposes of the performance standards set forth in this Article, therefore, are to implement those provisions of the General Plan as they relate to the preservation of hillside areas, the promotion of single-family, detached housing in hillside areas, the maintenance of open space, the retention of scenic and recreational resources of the City, and to further enhance the public health, safety, or welfare by regulating development in hillside areas.

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

Except as exempted in Section 9-32.040 of this Chapter, the performance standards set forth in this Article shall apply to any parcel or any portion of a parcel of land in any land use zone which is located outside of the valley floor boundary line as noted on the Development Map of the Valley Floor following this Article and made a part of this Article by this reference as Exhibits A and B. All principally and conditionally permitted uses in the underlying zone are likewise principally and conditionally permitted under these performance standards subject to the findings (Section 9-32.050 of this Article), and the application of the development standards (Section 9-32.100 of this Chapter) contained in this Article.

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

Variances from the terms of this Article shall be granted either pursuant to the procedures of Section 9- 52.090 (Variances) or as part of a planned development permit, cluster development permit, special use permit, specific plan, or other entitlement provided the findings required by this Section are made prior to the approval of the project. Any variance granted shall be subject to the findings required by Section 9- 52.090 (Variances), including, but not limited to, an express finding that the granting of the variance will serve the interests of preserving and protecting the public health, safety, or welfare.

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

The performance standards set forth in this Article shall not apply to those specific developments or applications involving one or more of the following circumstances:

A.

Any approved permit, including, but not limited to, a specific plan, planned development permit, cluster development permit, vesting tentative map, tentative map, parcel map, special use permit, variance, sign variance, building permit, grading permit, encroachment permit, or other entitlement valid as of July 21,

1986. This shall include any such entitlement for which a minor modification is approved. However, prior to the Director approving or conditionally approving the minor modification, he shall submit the application to the Commission for a determination of whether the application meets the criteria of Section 9-52.030 (Administrative Adjustments) of this Code. If the Commission so determines, this exception shall apply to any such subsequently approved minor modification, unless the Director, or the Commission on appeal, or the Council on further appeal finds any modification to such entitlements to be a major modification of such a magnitude as to alter the original intent of the project approval;

B.

Any reapplication for a previously-approved planned development permit, tentative map, or any other entitlement valid as of July 21, 1986, where the failure of the project to proceed under the original entitlement is solely caused by the failure to obtain the necessary building permit allocations in spite of having filed a good faith application therefore and that such reapplication does not contain any modification to the original entitlement of such a magnitude as to alter the original intent of the project approval;

C.

The construction of a residential dwelling unit, or additions thereto, and accessory buildings on a legally subdivided, residentially-zoned parcel as of July 21, 1986, which does not involve grading for structures on visually prominent ridgelines or on land with a slope in excess of 20 percent or grading in excess of 1,000 cubic yards;

D.

Any parcel having only isolated land forms with slopes of 10 percent or greater which have a horizontal run of less than 100 feet and a vertical rise of less than 30 feet;

E.

Any parcel involving a sanitary landfill operation, landfill related gas recovery and collection systems, and ancillary electrical power generating and transportation facilities, as well as equipment storage, administrative facilities, and ancillary improvements related to a landfill, all of which are subject to government permits; provided, however, such exemption shall not apply to landfills which receive hazardous wastes as defined in Section 25117 of Title 22 of the California Administrative Code, as amended;

F.

Grading for agricultural purposes pursuant to a grading permit reviewed by the Commission following a duly-noticed public hearing;

G.

Lot line adjustments, lot mergers, or condominium conversions involving existing structures, issued pursuant to local ordinance;

H.

Fire breaks and fire roads required by the County Fire Department;

I.

Recreation trails for pedestrian or equestrian purposes constructed by or pursuant to the requirements of the Rancho Simi Recreation and Park District;

J.

A Specific Plan which includes a regional shopping center which provides at least 500,000 square feet of building area, a minimum of two major department stores of at least 100,000 square feet each, a predominantly-enclosed pedestrian mall, and which prohibits satellite buildings for fastfood restaurants;

K.

The construction of public works improvements, including, but not limited to, drainage channels, retention basins, water tanks, and pumping stations provided such facilities shall be landscaped and bermed so as to minimize their visibility from viewpoints from the valley floor as defined in Section 9-32.150(C)(2) of this Article;

L.

Public, quasi-public, nonprofit facilities of a recreational or educational nature, including, but not limited to, planetariums, observatories, and libraries, provided such facilities shall not be visible from viewpoints from the valley floor as defined in Section 9-32.150(C)(2) of this Article;

M.

The replacement or reconstruction of commercial, industrial, or residential structures existing prior to July 21, 1986, which were destroyed or damaged by fire, earthquake, or other natural disaster; and

N.

Cemeteries located within a Specific Plan area in which detailed standards for cemeteries have been adopted. The adopted standards must preclude any above grade improvements, including, but not limited to, headstones, on visually prominent ridgelines and areas in excess of 20 percent slope, except for below ground interments with memorial placards flush with the ground and private drives on slopes of up to 30 percent. Total area of interments and private drives in slopes of between 20 and 30 percent cannot exceed 10 percent of the total cemetery area.

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

These findings constitute a further definition and implementation of those policies of the General Plan which relate to the preservation of hillside areas, the preservation of open space, and the protection of life and property in hillside areas subject to various natural and man-made hazards. In approving or conditionally approving any application for development subject to the performance standards set forth in this Article, the Director, the Commission, or the Council shall affirmatively find that all the following hillside

development policies have been attained by the proposal. In denying any application for development subject to such performance standards, the Director, the Commission, or the Council on appeal shall state which of the following hillside development policies, if any, have not been attained. The manner in which the findings are listed is not to be construed as giving one finding priority over the other:

A.

General findings.

1.

That the natural topographic features of the hills surrounding the City have been respected and protected;

2.

That all development in the project has been kept from natural slope areas of 20 percent or greater, except as specifically authorized pursuant to Sections 9-32.030 and 9-32.110(A) of this Chapter;

3.

That all commercial and industrial development has been kept from natural slope areas of 10 percent to 20 percent, except as approved by the West End Specific Plan or any amendment thereto;

4.

That the overall density or intensity of land usage in all land use zones generally decreases as the slope increases; and

5.

That the view of the hills from the valley floor as well as the viewshed from the hills has been respected and maintained as defined in Section 9-32.140(C) (Design Standards) and Section 9-32.150 (Ridgeline Development Standards) of this Chapter.

B.

Development and design findings.

1.

That grading has been kept to an absolute minimum in order to maintain the natural character of the hillsides and that unavoidable grading complements natural land forms;

2.

That mass grading of large pads and excessive terracing has been avoided in residential land use zones and minimized in commercial and industrial use zones;

3.

That significant natural landmarks and other outstanding features have been retained in their natural state;

4.

That proposed residential development plans have utilized varying setbacks and heights for buildings, building techniques, building forms, and materials which ensure the compatibility of structures with the surrounding terrain and that proposed commercial and industrial development plans have utilized varying setbacks and heights for buildings, building techniques, building forms, materials, and colors which ensure the compatibility of structures with the surrounding terrain;

5.

That street and circulation design respects the natural contours of the land, minimizes grading requirements, and minimizes the percentage of land devoted to streets;

6.

That altered slopes will be re-landscaped with plants which are compatible with the project's soils, terrain, and micro-climate and which reduce the risk of fire, consistent with requirements for water conservation;

7.

That the project's design and construction complies with the development standards of Sections 9-32.110 (Grading Standards) through 9-32.180 (Procedures) of this Chapter; and

8.

That land graded for road right-of-way purposes through slopes not otherwise permitted to be graded pursuant to this Article does not include or permit the construction of an increased number of building pads other than those permitted within such parcel.

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

9-32.060 - Slope Calculation Procedure

A.

Slope calculations. For the purposes of the performance standards set forth in this Article, the following methods will be used to determine the slope of any land and the square footage or acreage within any slope category on land subject to the performance standards:

1.

Definition of slope. Slope is defined as the relationship between the change in elevation (rise) of the land and the horizontal distance (run) over which that change in elevation occurs. The percent of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by 100. See figure following Subsection (A)(2) of this Section.

2.

Slope map required. For the purpose of determining the amount and location of land falling into each slope category, the applicant shall submit to the Department of Environmental Services at the time of an

application a base topographical map of the subject site prepared and signed by a registered civil engineer or licensed land surveyor. Such map shall have a scale of not less than one inch to 200 feet and a contour interval of not more than two feet, provided the contour interval may be 10 feet when the slope is more than 20 percent. Such base topographical map shall include all adjoining properties within 150 feet of the site boundaries. Slope bands in the range of zero to 10 percent, 10 percent to 15 percent, 15 percent to 20 percent, and 20 percent or greater shall include, or be accompanied by, a tabulation of the land area in each slope category specified in acres. The exact method for computing the percent slope and area by percent slope category should be sufficiently described and presented so that a review can readily be made.

==> picture [312 x 175] intentionally omitted <==

3.

Slope mapping method.

a.

The percent slope of any particular piece of land shall be plotted on the map described in Subsection (A)(2) of this Section by dividing the vertical rise between the contours employed by the horizontal distance between the same contours, multiplied by 100. The minimum contour interval employed shall be two feet, and the maximum contour interval employed 10 feet, with the 10-foot interval being preferred.

b.

In preparing a slope map, isolated slope areas (that is, surrounded by a flatter or steeper slope category) with a horizontal run of less than 100 feet and a vertical rise of less than 30 feet shall be disregarded and the area thereof classified as being within the adjacent category. If the isolated slope area is adjacent to two or more slope categories, the isolated slope area shall be classified with the steepest adjacent slope category.

c.

In preparing a slope map, those portions of ravines, ridges, and terraces of less than 150 feet in width at their widest measurement which are in an area generally sloping at 20 percent slope or greater shall be regarded as being of 20 percent slope or greater and shall be included as part of the bordering 20 percent slope or greater band.

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

A.

Land areas included in calculations. The total allowable residential dwelling units shall be calculated based on the total land area within each slope category pursuant to Subsection A of Section 9-32.060 (Slope calculation procedures) of this Article. Except for the exclusions specified in Subsection C of this Section, all land areas, including group open space, park and recreation areas developed by the applicant and designed principally for use by the occupants of the proposal, lands dedicated to the Rancho Simi Recreation and Park District pursuant to the Parkland Dedication Ordinance, dedicated or otherwise reserved natural areas within the site, and lands within the proposed development required for new or expanded public rights-of-way for roadways may be included in the calculations of total allowable dwelling units if the land area is designated for residential development on the General Plan. Such areas shall be calculated as open space [one unit per 40 acres] if they are designated as Open Space on the General Plan.

B.

Land areas included in calculations but unbuildable. Isolated land areas shall be considered unbuildable but may be included in the calculations of allowable numbers of dwelling units (gross density) for the entire site being considered if:

1.

The provisions of Section 9-32.060(A)(3)(b) or (c) (Slope calculation procedures) of this Article or Subsection C of this Section do not apply; and

2.

A public roadway shall be constructed which traverses natural slopes in excess of 20 percent for more than 100 feet per dwelling unit requiring such access.

C.

Exceptions. Lands meeting any or all of the following criteria shall not be included in the calculation of total allowable dwelling units:

1.

All land areas, regardless of slope, which will be subject to inundation during a 100-year storm after development has occurred;

2.

All land which is in a geologic hazard area as defined in the Safety Element of the General Plan and for which no feasible mitigation measures are proposed consistent with the performance standards set forth in this Article; and

3.

All land which will lie within the easement or right-of-way boundaries of an open flood control channel after development has occurred.

D.

Residential dwelling unit calculations. Using the slope map described in Section 9-32.060(A) (Slope calculation procedure) of this Chapter, the maximum allowable number of units shall be calculated as follows:

TABLE 3-3 - MAXIMUM NUMBER OF DWELLINGS

E.

Transfer of dwelling unit allocations. Within a tentative map, Planned Development Permit, vested tentative map, or any other applicable entitlement, dwelling unit allocations within the applicable slope category may be utilized pursuant to Subsection D of this Section or may be transferred to other slope categories of less than 20 percent. Residential sites shall only be developed with single-family, detached units with a maximum density of seven units per acre, except for the following:

1.

Senior citizen housing;

2.

Residential projects located on a parcel not visible from viewpoints from the valley floor as defined in Section 9-32.150(C)(2) of this Chapter and containing at least 25 percent of the units which are affordable for low income and very low income households, as defined by the Housing Element of the General Plan (which, as of February, 1986, or as amended from time to time, was established for a family of four as an annual income of Sixteen Thousand Seven Hundred and No/100ths ($16,700.00) Dollars or less for very low and Twenty-Six Thousand Seven Hundred and No/100ths ($26,700.00) Dollars or less for low) and which do not exceed a maximum density of ten (10) units per gross acre, including density bonus and density transfer.

In no event shall the exceptions set forth in this Subsection exceed the 20 percent slope restrictions.

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

The development of parcels within a commercial or industrial land use zone shall comply with all of the provisions of the underlying base and overlay zone and all provisions of the performance standards set forth in this Article, provided such development is limited to slopes of 10 percent or less, unless otherwise approved by the West End Specific Plan or any amendment thereto, in which case development shall be limited to slopes of 20 percent or less. In addition, the approval and development of two, two to five acre commercial developments north of the map boundary and one, two to five acre commercial development south of the boundary shall not be deemed prohibited by this Section provided such development is restricted to those area having slopes of 10 percent or less, and such developments will not be visible from viewpoints from the valley floor as defined by Section 9-32.150(C)(2) of this Article.

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

In order to avoid the creation of undevelopable parcels of land, any subdivision of land proposed in areas falling wholly or partially under the provisions of the performance standards set forth in this Article shall not be divided in such a fashion as to preclude the reasonable use of any resulting parcel.

A.

Developable land may not be divided from land substantially undevelopable under the provisions of the performance standards, unless:

1.

The undevelopable parcel is to be held in common by the owner of the resulting developable parcel; or

2.

The undevelopable parcel is conveyed to and accepted by an appropriate public agency or other party (for example, homeowner's association) to be used for other residential purposes, such as, but not limited to, parks, flood control facilities, campgrounds, agriculture, or other uses consistent with the Open Space Element of the General Plan; and

3.

An open space easement over the undevelopable parcel specifying the allowable nonresidential, or, alternatively, the proscribed uses, is dedicated to the City or another appropriate public agency. Such an open space easement shall be conveyed subject to the provisions of Sections 51070 et seq. of the Government Code.

B.

If a parcel of land is proposed for division into two or more parcels, but with no cluster development permit or planned development permit for the whole original parcel, each parcel shall have a proportionate share of the total developable land or the total dwelling units allowable under the provisions of the performance standards, unless either Subsection (A)(1) or (2) of this Section has been satisfied.

(Example: If four lots are to be created from 40 acres, each approximately 10 acres in size, each lot shall have 25 percent of the developable land and/or 25 percent of the total units allowable on the original parcel.)

C.

Any parcel created pursuant to the provisions of the performance standards and entirely in 20 percent or greater slope, or designated as open space in the General Plan, shall be no less than 40 acres in size, unless Subsection (A)(1) or (2) of this Section pertains.

D.

Single parcels of land of record as of July 21, 1986, in a residential or open space land use zone on less than 40 acres shall be allowed a minimum of one dwelling unit, notwithstanding Section 9-32.070 of this Chapter.

E.

Land, otherwise developable under the provisions of the performance standards, is rendered undevelopable when the development which could be built on such land is transferred elsewhere on the parcel subject to the same development application, in such a case, the land rendered undevelopable shall be treated in a manner consistent with Subsection A of this Section.

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

The purpose of this Section is to further define and describe the meaning of findings (Section 9-32.050 of this Chapter) and to implement the same. The following development standards are, therefore, the minimum criteria by which to evaluate the achievement of the findings (Section 9-32.050 of this Chapter) of the performance standards by any proposal, plan, or similar action subject to the provisions of the performance standards.

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

In addition to Chapter 70 of the Uniform Building Code, Chapter 7 of the Ventura County Land Development Manual, or any other applicable grading requirements, the following grading standards shall apply to all grading of land subject to the regulations of this Article (if more than 1,000 cubic yards):

A.

No manufactured slope shall exceed 30 feet in height, [except that slopes required for public streets may exceed 30 feet in height if no feasible alternative consistent with the findings (Section 9-1.1605 of this Article) exists]. The height of a manufactured slope shall include the height of any retaining wall constructed as an integral part of such slope.

B.

Where grading is necessary, the principles of contour grading shall be employed.

1.

Manufactured slopes shall be rounded and shaped to simulate the natural terrain.

2.

The toe and crest of any slope in excess of 10 feet vertical height, excepting the toe of any slope within 25 feet of a structure, shall be rounded with vertical curves of radii no less than five feet and designed in proportion to the total height of the slope.

3.

Any manufactured slope bank in excess of 30 feet vertical shall have variable gradients.

4.

Grading shall follow the natural topographic contours as much as possible.

5.

Where cut or fill slopes exceed 200 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous, undulating fashion with varying radii to reflect the natural terrain.

6.

Manufactured slopes shall blend with naturally occurring slopes at a radius compatible with the existing natural terrain.

7.

Grading on naturally occurring slopes of 20 percent grade or more which have a vertical height of more than 30 feet and a horizontal run of 100 feet or more shall not occur unless the grading becomes necessary and is specifically approved by the Commission or Council after making the findings. A detailed plan for slope stabilization shall be submitted by the applicant.

C.

No manufactured slope shall have a slope angle steeper than two horizontal to one vertical. Shallower slope angles may be required if detailed soils and geologic investigations indicate such.

D.

Manufactured slopes should be screened from view under or behind buildings or by intervening landscaping or natural topographic features.

E.

At the time of a formal application, a preliminary grading plan shall be submitted detailing the extent and nature of the proposed grading. Such a plan should include, but not be limited to:

1.

Preliminary cross sections detailing both the original and proposed ground surfaces with grades, slopes, and elevations noted;

2.

A preliminary soil stabilization report, including the proposed final ground cover, landscaping, and erosion control; and

3.

Erosion control measures to prevent soil loss when grading is in process.

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

All proposed drainage facilities shall respect the natural (before development) hydrologic characteristics of the subject terrain, preserve major drainage channels in their natural state, and be designed in such a manner as to preserve the public health, safety, or welfare. The provisions of the following standards shall apply to all land subject to the regulations of this Article and shall be in addition to the provisions of the adopted version of the Uniform Building Code, Chapters 6 and 7 of the Ventura County Land Development Manual, or any other applicable drainage requirements:

A.

To the maximum feasible extent, all natural drainage courses serving major drainage areas and containing significant perennial vegetation which may constitute a significant wildlife habitat should remain in their natural state. Alterations to such drainage courses may be allowed if the application of this Section will result in upstream or downstream flooding hazards for which there is no other feasible means of mitigation consistent with the findings (Section 9-32.050 of this Chapter).

B.

In the event off-site drainage facilities will be required to handle increased runoff from any development subject to these regulations, interim drainage facilities which provide for no increase in peak runoff from a 10 year storm shall be constructed and maintained until such time as the permanent facilities are completed.

C.

The overall drainage system shall be completed and made operational at the earliest possible time during construction or shall otherwise be provided for in a manner acceptable to the City. If a development is to be phased, all downstream (including interim facilities within the project area or required interim off-site drainage facilities) elements of the approved drainage facilities will be completed or otherwise provided for in a manner acceptable to the City before the completion of the upstream phases.

D.

A drainage plan, including the text, maps, and diagrams, shall be submitted to the City as a part of any formal application for development under these regulations. The City Engineer in consultation with the Director, or their designees, shall review such submissions for completeness, adequacy, and conformance with the above and other applicable standards.

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

The design of streets and the circulation pattern within any proposed project governed by the regulations of this Article shall be such as to minimize grading requirements; shall, to the maximum feasible extent, complement the natural contours of the land; shall serve to retain the natural features of the impacted hillsides; shall be designed in such a manner as to reduce street mileage to a minimum; and shall be as narrow as traffic generation and public safety will permit.

A.

Local street widths. The minimal street width in residential land use zones for local and cul-de-sac streets (those streets used primarily to serve abutting property) shall be 28 feet from curb facing to curb facing with a five foot improved shoulder on each side.

In order to encourage a rural feeling in residential land use zones of two units per acre or less, reduced street standards, including, but not limited to, reduction in minimum street width as set forth in this Subsection and the elimination of sidewalks and formal parkways will be allowed if the Director, in consultation with the City Engineer; or the Commission; or the Council determines that such will not be detrimental to the public health, safety, or welfare or that adequate alternative pedestrian circulation has been provided.

B.

Access roadway length. Where access to isolated land areas with less than 20 percent slope can be provided only by constructing a roadway traversing natural slopes in excess of 20 percent, such a roadway shall not traverse 20 percent slopes for more than a cumulative distance of 100 feet per dwelling unit requiring such access nor more than 200 feet per acre of commercial or industrial land of less than 20 percent slope.

C.

Special streets. Special streets, such as one-way streets, split level streets, and dead-end streets, shall be acceptable when their use is justified by detailed engineering studies submitted by the applicant, approved

by the City Engineer in consultation with the Director, or their designees, and are found to be necessary for the full achievement of the findings of the performance standards (Section 9-32.050 of this Chapter).

The maximum centerline gradient for residential streets shall be no more than 10 percent, except at intersections or adjacent areas of transition where the gradient should be less than two percent.

D.

Applicability of the City of Simi Valley Road Standards. In all other respects, any proposed trafficway shall comply with the City of Simi Valley Road Standards. Exceptions to the City of Simi Valley Road Standards may be granted under the performance standards if the City Engineer, in consultation with the Director, or their designees; or the Commission; or the Council determines that the findings (Section 9-32.050 of this Article) of the performance standards serve to be furthered by such an exception.

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

Applicants are encouraged to employ site planning and architectural techniques which implement the findings of the performance standards (Section 9-32.050 of this Chapter). In general, any proposed land use shall be planned and designed in such a fashion as to complement and preserve the hillside terrain as well as provide a safe living environment.

A.

Buildings.

1.

Those building styles and lot configurations which lend themselves to hillside development or those which are easily adapted to meet the special design and terrain requirements presented by hillside areas are encouraged. The intent is to encourage building methods as well as other land development methods in 10 percent to 20 percent slope areas which minimize terrain disruption and blend with the natural contours of the subject hillside terrain. The maximum height of any building constructed on land subject to the standards set forth in this Article shall be two stories or 35 feet, whichever is less.

2.

Buildings and grading should be planned in such a manner as to hide necessary grading under or behind buildings. An example of such a technique would be split level construction.

B.

Horse keeping. When horse keeping is proposed in areas subject to the provisions of this Chapter, such property should be buffered from non-horse keeping property as much as possible through intervening open space, arterial roads, landscaping, other appropriate design techniques, or lotting patterns which avoid common lot lines between horse keeping and non-horse keeping property.

C.

Viewshed. Views from land subject to the provisions of the performance standards should be respected through design.

1.

Living areas of dwelling units should be faced on to open, landscaped, or view areas.

2.

Dwelling units should be located in such a manner as to avoid interference with the view from other existing or proposed dwelling units.

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

In order to implement the findings of the performance standards set forth in this Article, there shall be no development along visually prominent ridge lines in order to preserve the existing backdrop to the community and to maintain the open character of the visually prominent ridge lines surrounding the City. The purpose of this Section is to set forth standards for maintaining such ridge lines and their immediately adjacent slopes.

A.

Areas to remain undeveloped.

1.

Structures subject to the provisions of the performance standards shall not be constructed on top of any visually prominent ridge line as defined in Subsection (1) of Subsection C of this Section.

2.

No point on any structure subject to the provisions of the performance standards shall be closer to a visually prominent ridge line than 150 feet measured horizontally on a topographic map or 50 feet measured vertically on a cross section, whichever is more restrictive, except that this requirement shall not affect the location of structures to be placed at or below the lowest visible elevation of a visually prominent ridge line.

B.

Transfer of dwelling units. Allowed dwelling units may be transferred to another place on the subject parcel if such dwelling units could not be constructed due to the provisions of Subsection A of this Section. The place to which the subject dwelling units are transferred shall be buildable under the provisions of the performance standards.

C.

Definitions. The terms used in this Section shall have the following meanings:

1.

"Visually prominent ridge line" shall mean any hill location visible from the valley floor and subject to the provisions of the performance standards which location forms a part of the skyline visible from the valley floor or any hill location visible from the valley floor, the ground surface of which is seen as a distinct edge against a backdrop of land at least 300 feet horizontally behind it.

2.

"Visible from viewpoints from the valley floor" shall mean continuously visible for more than 1,000 feet along any of the following:

a.

The Simi Valley freeway between Kuehner Drive and Oak Park;

b.

Madera Road between the Simi Valley freeway and the East Valley Sheriff's Station;

c.

Tierra Rejada Road between the western City limit and Los Angeles Avenue; or

d.

Kuehner Drive between Katherine Road and the Simi Valley freeway.

D.

Maps on file. A map shall be kept on file with the Department of Environmental Services outlining visually prominent ridge lines to be used as a guide in complying with the provisions of this Section. If there should be a conflict between the written provisions of this Section or a detailed site analysis and the map, the written provisions shall control.

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

All hillside property subject to the performance standards set forth in this Article shall be landscaped in such a manner as to reduce fire hazards, stabilize cut/fill slopes, reduce erosion, retain moisture, and enhance the natural scenic beauty of the valley.

A.

Retention of vegetation. Wherever possible, well adapted drought resistant natural flora shall be retained.

B.

Major tree planting. The planting of major trees in areas to remain in natural open space should include, but not be limited to, the following native species:

1.

Juglans California hindsi (California Black Walnut);

2.

Platanus racemosa (California Sycamore);

3.

Quercus agrifolia (California Live Oak); and

4.

Quercus lobata (Valley Oak).

C.

Landscaping in developed areas. Landscaping in developed areas, such as in parkways or in group recreation areas, should be integrated with other elements of the proposal and comply with other guidelines for the preservation of natural topographic features, the view of ridge lines, and the preservation of vistas.

D.

Preliminary landscape plans. A preliminary or conceptual landscaping plan prepared by a registered landscape architect and acceptable to the Director shall be submitted at the time of an application. Such a plan shall outline all proposed planting in graded and non-graded areas, the means of irrigation, the proposed timing of the landscape installation, and the manner in which landscaping will be maintained. A precise landscape plan shall be submitted prior to the issuance of a grading permit.

E.

Landscape maintenance. Plans and proposed programs for the ongoing maintenance of landscaped areas shall be submitted at the time of an application. Such plans shall include, but not be limited to, the responsible parties or agencies, the nature and extent of each agency's and party's responsibility, and the financial arrangements for maintenance. The Director, or his designee, shall review such plans for completeness, adequacy, and conformance with applicable standards. The Director, or his designee, may waive such submissions in the event a determination is made that such submissions are not required due to the scope or scale of the subject application.

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

A.

All public or private utilities and facilities proposed in areas subject to this Article shall be planned and constructed consistently with the appropriate provisions of this Article. The Commission or the Council shall review and comment on any such proposals prior to construction.

B.

The standards set forth in this Article shall not apply to necessary access roads which service such facilities or to utilities or facilities which will not be visible from the valley floor after construction.

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

The intent of this Section is to set forth the general procedures for applying the provisions of the performance standards set forth in this Article.

A.

Permits required. Land subject to the provisions of the performance standards shall comply with the permit requirements of the underlying base and overlay zones. Additionally, a development of four or fewer dwelling units or lots located in a residential land use zone shall obtain a planned development or cluster development permit if deviations pursuant to Section 9-32.030 of this Chapter are requested.

B.

Hearings, permits, appeals, revocations and expirations. Any application for a permit or other entitlement subject to the performance standards shall also be subject to the relevant provisions of Article 5 of this Development Code as they relate to hearings, permits, appeals, revocations, expirations, and other applicable procedural matters.

C.

Required technical reports. In any area proposed for development which falls under the jurisdiction of the performance standards, certain technical reports shall be required. Such reports will be used to determine the suitability of the subject site for development and suggest the special construction and design measures necessary to mitigate identified problems which may endanger the public health, safety, or welfare. Such reports shall be submitted at the time of an application.

1.

Soils engineering reports.

a.

A soils engineering report shall be submitted with each application for development under the requirements of the performance standards. The soils engineering report shall contain, but not be limited to, data regarding the nature, distribution, and strengths of existing soils, the potential for liquefaction, the degree of seismic hazard given the design earthquake contained in the Safety Element of the General Plan, conclusions and recommendations for grading procedures consistent with Section 9-32.110 (Grading standards) of this Chapter, design criteria for any identified corrective measures, and opinions and recommendations covering the adequacy of sites to be developed.

b.

Such investigations and reports shall be performed by a professional soils engineer registered with the State who is experienced in the practice of soil mechanics. Such reports shall be reviewed by the City Engineer in consultation with the Director, or their designees.

c.

Recommendations included in the report and reviewed by the City Engineer in consultation with the Director, or their designees, shall be incorporated into the application and all associated plans or maps.

2.

Geologic reports.

a.

A geology report shall be submitted with each application for development under the requirements of the performance standards. Such a report shall include, but not be limited to, the surface and subsurface geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, opinions and recommendations covering the adequacy of sites to be developed, and design criteria to mitigate any identified geologic hazard consistent with the performance standards.

b.

The investigation and report shall be completed by a professional geologist registered with the State who is experienced in the practice of engineering geology. Such reports shall be reviewed by the City Engineer in consultation with the Director, or their designees.

c.

Recommendations included in the report and reviewed by the City Engineer in consultation with the Director, or their designees, shall be incorporated into the subject application and all associated plans and maps.

3.

Hydrologic reports.

a.

A hydrology report shall be submitted with each application for development under the requirements of the performance standards. Such a report shall include, but not be limited to, the hydrologic conditions on the site, the location of any above or below ground springs, the location of all wells, possible on-site flood inundation, downstream flood hazards, the identification of natural drainage courses, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development, opinions and recommendations covering the adequacy of the sites to be developed, and design criteria to mitigate any identified hydrologic hazard consistent with these regulations.

b.

The investigation and report shall be completed by a registered civil engineer experienced in the science of hydrology and hydrologic investigation. Such reports shall be reviewed by the City Engineer in consultation with the Director or their designees.

c.

Recommendations included in the report and reviewed by the City Engineer in consultation with the Director, or their designees, shall be incorporated into the subject application and all associated plans and maps.

4.

Preliminary grading plans. A preliminary grading plan shall be incorporated in the application pursuant to Section 9-32.110 of this Chapter.

5.

Preliminary landscaping plans. A preliminary landscaping plan shall be incorporated in the application pursuant to Section 9-32.160 of this Chapter.

6.

Exceptions. Any or all of the reports required by this Section may be waived by the Director in consultation with the City Engineer, or their designees, under any of the following conditions:

a.

The existence of satisfactory reports covering the same subject matter on the same site, which reports have been completed not more than one year from the date of the latest application;

b.

If any or all of such reports are included as part of an environmental impact report or negative declaration, if either is required, or have been satisfactorily completed for the proposal on the site;

c.

The proposed development comprises four or fewer residential structures or lots; or

d.

The proposed development is comprised of one or more residential structures on a single parcel, wherein the minimum average amount of land per structure equals five acres or more, no structure is located on a 20 percent or greater slope, and grading of the land is less than 1,000 cubic yards.

Exhibit A

Development Map of the Valley Floor

==> picture [420 x 336] intentionally omitted <==

Exhibit B

Development Map of the Valley Floor

==> picture [372 x 300] intentionally omitted <==

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

Chapter 9-33 - Landscaping Standards

The purposes of this Chapter are to achieve the following:

A.

Protect and enhance the community's environmental, economic, and aesthetic resources by providing standards relating to the quality, quantity, and functional aspects of landscaping and landscape screening;

B.

Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of existing residential neighborhoods, conserving natural resources and preserving the natural character of an area; and

C.

Promote water conservation by requiring the efficient use of irrigation, appropriate plant materials, and regular maintenance of landscaped areas.

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

A.

Landscaping required. All projects that require the installation of landscaping in compliance with the standards of this Development Code shall provide and maintain the landscaping in compliance with the provisions of this Chapter.

B.

Landscaping plans subject to Department review.

1.

Landscape plans, and plans for the ornamental use of water, including fountains and ponds, shall be prepared in compliance with the City's Landscape Design Guidelines, and submitted to the Department for review for compliance with the requirements of this Chapter.

2.

Landscaping shall not be installed until the applicant receives approval of the landscape plans.

3.

Changes to the approved landscape plans that affect the character or quantity of the plant material or irrigation system design are required to be resubmitted for approval before installation.

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

A.

Landscape islands.

1.

Each island shall be a minimum of seven (7′) feet wide and include a 12-inch landing/curb area when located adjacent to parking. An island shall be provided at the end of each parking row, and at intervals of every 15 parking spaces on an average within each row.

In addition to landscape islands describe above, tree wells shall be provided at intervals of every five parking spaces on an average within each double loaded row. Tree well planters shall be four feet by nine feet with a six-inch curb.

==> picture [412 x 255] intentionally omitted <==

The end planters shall not be included in the count when determining the landscaped fingers required in each row.

3.

The placement of landscape areas shall be determined during the development review process.

B.

Landscaping adjacent to streets. Except for driveway openings and single-family residential development, a 10-foot wide landscaping area shall be provided along the property lines adjacent to a public street.

C.

Front yard landscaping requirements. For single-family residential areas, a minimum of 50 percent of the square footage of the front yard area between the principal dwelling unit and the front public or private street curb, and between the side property lines must be landscaped with natural plants such as lawns, groundcover, succulents, shrubs, and trees. Mulch may be used as an integral part of all natural plantings. No more than one-half of the landscaped area may consist of decorative features such as boulders, river and lava rock, fountains, ponds, rock riverbeds, and pedestrian bridges, or other features as approved by the Deputy Director/City Planner that are consistent with this section. With a Zoning Clearance, up to 100 percent of the landscaped area may be covered by artificial turf that meets the definition and standards in Article 8 (Glossary) Artificial turf that does not meet the standards contained in Article 8 (Glossary) is prohibited.

The public sidewalk and driveway aprons are excluded from the percentage calculation. The driveway leading directly to required parking spaces (e.g., the garage or carport), the 10-foot wide parking strip adjacent to the driveway per Section 9-34.090.B.1, and a maximum four-foot wide pedestrian walkway directly to the front door may exceed 50 percent of the front yard area. Any paving in place prior to September 15, 2005 is exempt from these standards.

1.

Additional Paving Allowances. The public sidewalk and driveway aprons are excluded from the percentage calculation. The driveway leading directly to required parking spaces (e.g., the garage or carport), the 10foot wide parking strip adjacent to the driveway per Section 9-34.090(B)(1), and a maximum four-foot wide pedestrian walkway directly to the front door may exceed 50 percent of the front yard area. Any paving in place prior to September 15, 2005, is exempt from these standards.

D.

Parkway landscaping requirement. For single-family residential areas, the parkway must be landscaped. Decorative paving such as brick, stone, turf-block or other pavers may be used in the parkway if it is integrated with the landscape design, as approved by the Deputy Director/City Planner. Monolithic concrete paving may not be used in the parkway except as part of a driveway. With an encroachment permit, artificial turf may be used in the parkway as approved by the Director of Public Works, consistent with standards and conditions for such artificial turf in the parkway as approved by the City Council.

E.

Use of Artificial Turf. For multi-family, commercial, and industrial properties, the use of artificial turf in up to 50 percent of the landscape area is permitted. With an encroachment permit, artificial turf may be used in the parkway as approved by the Director of Public Works, consistent with standards and conditions for such artificial turf in the parkway as approved by the City Council.

F.

Curbing requirement. All landscaping and planting within paved areas shall be contained within raised planters surrounded by six-inch high concrete curbs.

G.

Property line landscaping. Landscaping along a property line adjacent to an abutting property which has no entitlement application on file for development is required to be defined by the use of a six-inch high concrete curbing, a block wall, a six-inch wide concrete mowing strip, or a combination thereof.

H.

Minimum percentage of landscaping required. The minimum percentage of landscaping required in each zoning district shall be in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and ZoneSpecific Standards).

I.

Buffer landscaping requirements.

1.

For any commercial or industrial yard next to residentially zoned property, a minimum of 10 feet of landscaping shall also be required adjacent to the residentially zoned property within the required setback area in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). A solid six-foot high masonry wall shall also be required along the common property line. Buffer requirements for mini-warehouse/self-storage facilities are contained in Section 9-33.030.K. Buffer requirements for CR zones are contained in Section 9-33.030.I.3.

2.

Landscaping, when providing a buffer and interface between commercial or industrial land uses and a residential land use, shall include at least one specimen tree for each 200 square feet of required landscape area. A specimen tree shall be defined as a 48-inch box tree with a trunk diameter of three inches as measured six inches above the root crown. Buffer requirements for CR zones are contained in Section 9- 33.030.I.3.

3.

For CR-zoned property adjacent to residentially zoned property, a minimum of 30 feet of landscaping shall be required along the common property line. A six-foot high solid masonry wall or decorative metal fence shall also be required within the landscaped area. The landscape design and fencing material shall be as approved in a Conditional Use Permit for the project.

J.

Service station landscaping requirements. Service stations shall have the following additional landscaping requirements:

On a corner parcel, a minimum of 150 square feet of raised planter area shall be provided at the street corner between the sidewalk and a line drawn from the edge of each driveway opening at the intersecting streets.

2.

When the use is an integral part of a commercial center or when a block wall is not constructed in compliance with Section 9-33.030(D), a five-foot wide planter shall be provided along not less than two thirds of the interior perimeter boundaries. No more than two interior access openings to an adjoining commercial area shall be allowed.

3.

Not less than 10 percent of the site shall be in raised landscaped areas. There shall be at least one 24-inch box tree for each 200 square feet of required landscaping area.

4.

A minimum five-foot wide raised planter shall be located along at least 40 percent of the building facade fronting on the street or corner.

5.

All planting other than trees within street frontage planting shall be of a variety that can be maintained at a height of 30 inches and shall not extend over the sidewalk.

6.

All landscaping materials, other than hardscape and artificial turf, shall be natural or living materials. Any other plastic, simulated, or synthetic plant materials shall not be allowed.

K.

Self-storage/mini-warehouse facilities. Self-storage/mini-warehouse facilities shall have additional landscaping requirements as follows:

1.

A minimum landscaped area of 15 percent located along the perimeter of the site, irrespective of the land coverage requirement of the zone within which they are located.

2.

When adjacent to residential zones, a landscaped buffer with a minimum width of 20 feet along the property lines adjacent to residential zones. This buffer shall be planted with a double row of 36-inch evergreen box trees (or predominantly evergreen) with a trunk diameter of two inches as measured four and one-half feet above the root crown. One such tree for each 200 square feet of required landscape area shall be provided. A solid six-foot high masonry wall shall also be required at the property line. Detention basins shall not be allowed within this buffer area.

3.

Exceptions to block wall buffer requirement when adjacent to residential zones. When a solid block wall is not required to protect the privacy of adjacent residential development, an applicant may request that the Planning Commission authorize the applicant to construct a six-foot high wrought iron/tubular steel fence or a six-foot high wall containing a combination of masonry and wrought iron/tubular steel. In such instances, prior to the issuance of a Zoning Clearance, the applicant must present a form, subject to approval by the Deputy Director/City Planner, to each adjacent property owner authorizing the adjacent property owner to select the type of fencing on their shared property lines. Property owners shall have at least 21 days to make a selection. A six-foot high block wall shall be required in the event that an adjacent property owner does not make a selection within 21 days.

L.

Outdoor dining areas for restaurants or food retailer. Outdoor dining areas for restaurants and food retailers shall have additional landscaping requirements as follows:

1.

Where landscape islands are required adjacent to parking, up to 50% of the width of such an island, when directly adjacent to an existing or proposed outdoor dining area, may be paved with decorative pavers and utilized for unroofed outdoor dining areas, with removable seating and shade covers.

2.

Up to 50% of the required 10-foot wide landscaping area along the property lines adjacent to a public street may be utilized for unroofed outdoor dining areas as long as it is adjacent to the restaurant. The area may be paved with decorative pavers and utilized for outdoor dining with removable seating and shade covers.

3.

For all instances where landscape buffers are utilized for outdoor dining as described above, the use of landscape planters, additional detailing and architectural enhancements as deemed sufficient by the Director will be required.

4.

Existing trees within a landscaped area which is proposed to be converted to an outdoor dining area shall either be preserved and integrated into the design of the area, or transplanted to a location within or adjacent to the area. Transplanting shall only be allowed for trees which will survive the transplanting process and survive in good health in the new location and will be subject to Chapter 9-38 - Tree Preservation, Cutting, and Removal.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; Exh. A, Ord. 1161, eff. August 26, 2010; § 2 (Exh. A), Ord. No. 1187, eff. April 26, 2012; § 3 (Exh. A), Ord. No. 1241, eff. August 13, 2015 and § 3 (Exh. A), Ord. No. 1242, eff. August 13, 2015 and § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021, and § 3(Exh. A), Ord. No. 1353, effective December 18, 2023)

All installed landscaping and irrigation systems shall be continually maintained. Maintenance of approved landscaping and irrigation systems shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, monitoring for pests and disease, the removal and replacement of dead plants, and the repair of the irrigation system, including its individual components.

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

Chapter 9-34 - Parking and Loading Standards

The purpose of this Chapter is to provide off-street parking and loading standards to:

A.

Provide for the general welfare and convenience of persons within the City by ensuring sufficient parking facilities to meet the needs generated by specific uses;

B.

Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities;

C.

Increase public safety by reducing congestion on public streets;

D.

Ensure access and maneuverability for emergency vehicles; and

E.

Provide loading and delivery facilities in proportion to the needs of allowed uses.

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

Every use, including a change or expansion of a use or structure, shall have appropriately maintained offstreet parking and loading areas in compliance with the provisions of this Chapter. A use shall not be commenced and structures shall not be occupied until improvements required by this Chapter are satisfactorily completed.

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

A.

Increase or change in uses. When any principal structure is enlarged, or increased in capacity, or when a change in use creates an increase in the amount of off-street parking spaces required, additional off-street parking spaces shall be required in compliance with this Chapter.

B.

Whole space required. Any calculation of parking space requirements which results in a fraction of a parking space shall be counted as requiring a whole space.

C.

Use of parking spaces. Required parking spaces shall:

1.

Be used only for parking of vehicles for property owners, guests, patrons, renters or employees;

2.

Not be used for sale, rental, or repair of motor vehicles or the storage of materials; and

3.

Not be used for commercial uses, unless so authorized in compliance with this Chapter.

D.

Combined uses. When two or more uses are located in the same structure or are common developments, the parking requirements shall be the sum of the separate requirements for each use, except as specifically provided in this Chapter.

E.

Reduction of parking for accessory uses allowed. Parking requirements for accessory uses within the same commercial or industrial structure as a principal use may be reduced by up to 50 percent, upon the determination of the applicable review authority that a reduction is justified, based upon the size, shape, and location of the site and the combination of intended uses involved.

F.

Reduction of spaces not allowed. Required off-street parking facilities shall not be reduced in capacity or in area without sufficient additional parking capacity or additional parking spaces being provided to comply with the regulations of this Chapter.

G.

Parking structures in multi-family zoning districts. Parking structures are subject to setbacks, structure height, and other development standards, except that parking structures are allowed in the side and rear setbacks for zero lot line homes and multi-family residential projects in each multi-family residential zoning district.

H.

Screening of underbuilding parking, underground parking, rooftop parking, or parking structures. All underbuilding parking, roof top parking, or parking structures shall be properly screened from any adjoining residential zoning districts or any adjoining public streets.

I.

Tandem parking not allowed except as described herein.

1.

Parking spaces shall not be provided in tandem, except as specifically provided in this Chapter.

2.

All parking spaces shall be free of obstructions, and parking shall be accomplished in a continuous forward movement.

3.

If valet parking is requested in conjunction with a restaurant or café use with table service, the submission and approval by the Director of a valet parking management plan is required. A valet parking program shall include the location of valet parking drop off/pick up area, parking locations, hours of operation and number of staff members providing this service. Tandem parking is allowed for valet service.

ing is requested in conjunction with a restaurant or café use with table service, the submission and approval by the Director of a valet parking management plan is required. A valet parking program shall include the location of valet parking drop off/pick up area, parking locations, hours of operation and number of staff members providing this service. Tandem parking is allowed for valet service.

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

A.

Location of single-family parking.

1.

Off-street parking spaces for single-family detached dwellings must be located on the same parcel on which the dwelling is located.

2.

Additional uncovered parking for single-family detached dwellings beyond that which is required by this Chapter, may only be placed in the following locations and paved in compliance with Section 9-34.090(F):

a.

In the side yard between the house and side yard property line;

b.

In the front yard between the main driveway and the closest side property line as described in Section 9- 34.090(B)(1);

c.

On an approved circular driveway in the front yard;

d.

On an approved driveway leading to a garage or carport located in the rear yard;

e.

In the rear yard when in compliance with subsection 6 of this section; or

f.

On the far side of the front yard, opposite the main driveway, when in compliance with subsection 7 of this section.

3.

Residential off-street parking spaces may only be placed in locations authorized by this Chapter.

4.

The additional parking areas shall also be paved in compliance with Section 9-34.090(F) (Parking and access surface requirements), and accessed in compliance with Sections 9-34.090(A), and (B).

5.

Circular driveways located in front yards must not be used for the parking of any oversized vehicle, trailer, or fifth wheel trailer, as defined in Section 4-9.402.

6.

On properties of less than one acre, up to 400 square feet of area, and on properties of one acre or more, up to 800 square feet of area may be designated for additional uncovered parking, when in compliance with the following standards:

a.

Parking in rear yard areas leading to the designated parking area is prohibited.

b.

Access to the rear yard parking area must originate from a driveway approach or access way approved by the Public Works Director, or designee.

c.

Combined with all other structures, the parking area must not cover more than 40 percent of required rear yard.

d.

Parking areas that are less than 50 feet from the property line must be screened with six foot-high fencing. Fencing materials must comply with Section 9-30.030(A)(6). Rear and side parking screening is not required within 20 feet of the street side of a reverse corner lot.

e.

Parking area must be set back a minimum of three feet from the side and rear property lines.

f.

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

7.

A maximum ten foot wide paved parking area, on the opposite side of the existing driveway, closest to the side property line, may be designated for additional uncovered parking when in compliance with the following standards:

a.

A minimum of 50 percent front yard landscaping must be maintained, inclusive of paving allowances as described in Section 9-33.030(C)(1).

b.

The parking area must originate from a driveway approach or access way approved by the Public Works Director, or designee, and be paved in compliance with Section 9-34.090(F).

c.

The parking area must remain outside of the Traffic Sight Safety Area (TSSA) (SVMC Section 9-34.040(F).

d.

A Zoning Clearance and Encroachment Permit (if a new driveway approach is required) must be obtained. An indemnification agreement in a form approved by the City Attorney, and recorded on the property may be provided in lieu of the Encroachment Permit.

e.

A maximum of one recreational vehicle is allowed to be parked within the front yard on an approved parking location, pursuant to SVMC Section 9-34.040.A.3. For the purpose of this section, "Recreational Vehicle" means any vehicle as defined by Section 18010 of the California Health and Safety Code and SVMC Section 9-80.020.

B.

Covered parking required.

1.

Two parking spaces for each single-family dwelling unit shall be located within an enclosed garage.

2.

All other parking spaces may be uncovered.

3.

No on-site parking or access shall be allowed that would necessitate the use of an ADA sidewalk ramp for vehicular access.

C.

Single-family dwelling driveways. All private driveways to garages shall be concrete, not asphalt.

D.

Parking of commercial vehicles in residential zoning districts. Except as authorized by this Chapter, no vehicle which is registered for commercial purposes in compliance with applicable provisions of the California Vehicle Code, or SVMC Section 4-9.401, which exceeds five tons according to the

manufacturer's gross vehicle weight rating, shall be parked or left standing on any residentially zoned property, in excess of 30 consecutive minutes unless actual loading or unloading of the vehicle is in progress on the property.

E.

Location and assigned spaces for multi-family dwelling units.

1.

Off-street parking spaces shall be located on the same development site and on the same parcel, but in no event more than 200 feet from the dwelling for which the parking space is provided.

2.

At least one assigned parking space shall be provided for each multi-family dwelling unit.

3.

The assigned space shall not be located more than 200 feet in walking distance from the entry to the unit it is designed to serve.

F.

Traffic Sight Safety Area (TSSA). Off-street parking areas and vehicles on the far side of the front yard, opposite the main driveway (SVMC Section 9-34.040(A)(7)), must remain outside of the traffic sight safety area, as defined in Section 9-80. Parking on the main driveway leading to the required garage is exempt.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007, § 2 (Exh. A), Ord. No. 1178, eff. December 8, 2011, Ord. No. 1319, § 2(Exh. A), eff. January 6, 2022,and § 3(Exh. A), Ord. No. 1353, effective December 18, 2023)

A.

Location of parking.

1.

In commercial and industrial zoning districts, off-street parking shall be located on the same parcel, or, with a reciprocal parking, ingress, and egress agreement, on a parcel contiguous to the use or structure to be served except for restaurant, cafe, or other food and beverage service uses with on-site consumption of food and beverages where parking can be provided via one or a combination of a reciprocal parking, ingress and egress agreement with a property or properties within 300 feet of the facility; an alternate business hours shared parking analysis to share parking with businesses that would not have overlapping business hours; a valet parking service which includes a valet parking program that is approved by the Director. Where parking is provided on a separate lot, the 300-foot distance will be measured from distance shall be measured along a legal and safe pedestrian path from the parking space to the nearest entrance of the building or use for which the parking is required notwithstanding any restrictions below.

2.

The required parking spaces shall not be located in the rear of commercial structures unless direct access for the customers to the facility is provided.

3.

Parking shall not be located across a street from the use or structure to be served.

B.

Allowable reduction for combined parking facilities.

1.

At the discretion of the applicable review authority, where two or more commercial or industrial uses in a planned commercial development are combining parking facilities and the business hours of the uses do not overlap, the minimum space requirement may be reduced by a maximum of 25 percent of the sum of the requirements of the various uses computed separately; provided, a minimum of 20 parking spaces shall be provided.

2.

The reduction shall be subject to the approval of the covenants, conditions, and restrictions for the subject project by the applicable review authority, through the planned development review process.

C.

Racks not counted as parking spaces. For auto repair shops or other similar uses, the racks and pump blocks shall not be considered in calculating required off-street parking spaces.

D.

Commercial uses not specified. Commercial parking requirements for uses not specified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) shall be based upon a standard of one space for each 250 square feet of floor area, unless the applicable review authority approves a different parking requirement based on the most comparable use specified in Article 2.

E.

Retail shopping center parking. In shopping centers when:

1.

Medical office spaces exceed 10 percent of the total gross floor area, that portion in excess of 10 percent of the gross floor area shall be calculated at a ratio of one parking space for each 200 square feet of gross floor area;

2.

Cinema spaces exceed 10 percent of the total gross floor area, that portion in excess of 10 percent of the gross floor area shall be calculated in compliance with Section 9-34.060 (Parking Space Requirements); and

3.

Restaurant, cafe, or other food and beverage service uses with on-site consumption of food and beverages, that exceed 20 percent of the total gross floor area, that portion in excess of 20 percent of the gross floor area shall be calculated at a ratio of one parking space for each 125 square feet gross floor area. For exact parking space requirements, consult Section 9-34.060 (Parking Space Requirements).

4.

Dance halls, health spas, skating rinks, and similar participatory uses including Residential Care Facilities that exceed 10 percent of the total gross floor area, that portion in excess of 10 percent of the gross floor area shall be calculated at a ratio of one parking space for each 100 square feet gross floor area. For exact parking space requirements, consult Section 9-34.060 (Parking Space Requirements).

F.

Office buildings that exceed 25,000 gross square feet.

1.

Medical office space that exceeds 10 percent of the total gross floor area shall be calculated at a ratio of one parking space for each 200 square feet of gross floor area.

For multi-tenant office buildings, the internal corridors, hallways, restrooms, and lobbies used by all the tenants may be excluded from the square footage calculations in determining parking requirements.

G.

Rehabilitation of Existing Commercial or Industrial sites. Existing projects may apply to reduce parking in accordance with Section 9-44.120 [Rehabilitation Project Standards].

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 4 (Exh. A), Ord. No. 1207, eff. March 28, 2013; § 4(Exh. A), Ord. No. 1270, eff. May 25, 2017 and § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021)

Off-street parking spaces for uses in all zoning districts shall be provided in compliance with Table 3-4 (Parking Requirements by Land Use), below:

TABLE 3-4 - PARKING REQUIREMENTS BY LAND USE

• Where office space exceeds the allowance specified, additional parking shall be provided as specified for business and professional offices for the excess floor area. See "Service Uses" below.

** Refer to 9-44.085 for alternate parking options.

(§ 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; § 4 (Exh. A), Ord. No. 1207, eff. March 28, 2013; § 2(Exh. A), Ord. No. 1265, eff. January 9, 2017; § 2 (Exh. A), Ord. No. 1323, eff. August 26, 2021; § 2(Exh. A), Ord. No. 1324, eff. September 23, 2021; § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021 and § 2(Exh. A), Ord. No. 1328, eff. November 11, 2021)

A.

Compact parking spaces.

1.

The use of compact parking spaces are restricted to projects for which the applications were deemed complete before July 17, 1997.

2.

The spaces shall be a minimum of seven and one-half feet in width and 15 feet in depth.

B.

Handicapped parking spaces. For all multi-family commercial, and industrial projects, handicapped parking spaces shall be designed and designated specifically for use by handicapped persons in compliance with State law (California Administrative Code Title 24). The parking requirements of an existing use or site may be reduced, where the reduction is necessary to allow for newly required handicapped parking and/or access, as required by the California Building Code.

C.

Guest parking. Guest parking spaces shall be clearly identified by the appropriate marking of each space on the asphalt/concrete surface or appropriate signs.

D.

Bicycle parking facilities.

1.

In commercial and industrial projects with 20 or more required parking spaces, a rack or other secure device for the purpose of storing and protecting bicycles from theft shall be installed.

2.

The devices shall be provided with a minimum capacity of one bicycle for each 20 required off-street parking spaces.

The devices shall be located so as not to interfere with pedestrian or vehicular traffic.

E.

Transportation Demand Management (TDM).

1.

In all residential and nonresidential zoning districts, the requirements of this Chapter, the requirements of Chapter 9-39 (Transportation Demand Management) regarding parking shall apply.

2.

Should any conflict arise in the application of this Chapter and Chapter 9-39, the latter shall prevail.

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

9-34.080 - Dimensional Requirements

A.

Parking space table. Except as specified in Subsections B, C, D, and E, below, minimum off-street parking space dimensions shall be in compliance with Table 3-5 (Parking Dimensional Requirements), below.

TABLE 3-5 - PARKING DIMENSIONAL REQUIREMENTS

Notes:

• 25′ minimum width required for two-way travel.

** The interlock reduction shall only be applied where the subject spaces have been striped in a herringbone pattern.

*** Stall length.

==> picture [360 x 352] intentionally omitted <==

Figure 3-9. Parking Space and Aisle Dimensions

B.

Spaces next to wall. Any uncovered parking space located next to a wall or other solid barrier shall be widened by an additional two feet.

C.

Handicapped parking spaces. Handicapped parking spaces shall be sized in compliance with State law (California Administrative Code Title 24).

D.

Covered garage spaces.

1.

In an enclosed garage (containing three walls, a roof, and garage door) for single-family dwellings, each parking space shall have a minimum clear width of 10 feet and minimum clear length of 20 feet.

2.

For a single garage enclosing only one required parking space, the minimum clear width shall be 12 feet.

E.

Reduced parking space length.

1.

The standard 18-foot long parking space for open parking may be reduced by up to two feet if the overhang of the reduced spaces is used for additional landscaping or the overhang is located over a sidewalk.

2.

Either landscaping or any sidewalks shown shall be a minimum of seven feet in depth.

3.

When a combination of landscaping and a sidewalk is provided to achieve the minimum of seven feet, the sidewalk abutting the parking space shall be a minimum of five feet in width.

4.

If a sidewalk directly adjoins the curb/space without any intervening landscaping, the sidewalk shall be a minimum of six feet in width.

5.

The curb shall act as a wheel stop with no other wheel stop required.

6.

Section 9-34.090 (Design Requirements), below, which mandates a minimum of a 10-foot wide planter area adjacent to a public street shall not require the additional two feet of landscaping if the parking stall is reduced to 16 feet.

F.

Reduced parking space length in parking structures. The standard size parking space length may be reduced in parking structures up to two feet in length where structural elements (walls or support columns) preclude the use of full-size parking spaces. Under this provision, reduced parking space stalls shall not constitute more than two percent of all parking spaces within the structure.

G.

Clearance for covered parking. In recognition of Subsections E and F, immediately above, in multiple bay parking structures (e.g., carports, underground parking, etc.) where covered parking occurs that provides pillars and posts for roof support, parking stall design shall provide for a clear nine-foot by 18-foot minimum dimension with no encroachment for structural supports.

H.

Turning radius requirements. For all parking lots, end planters must be designed for a minimum inside turning radius of 15 feet.

==> picture [264 x 114] intentionally omitted <==

Figure 3-10. Parking lot designed with end planters with 15-foot turn radius

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

A.

Access drives. Except for single-family detached dwellings, groups of four or more parking spaces shall be located and served by an access drive in a manner that ensures that use of the spaces and access drive would not require a backing movement or other maneuvering within a street right-of-way, excluding alleys.

1.

Vertical clearance of all access drives shall be a minimum of 13 1/2 feet above the finished surface.

2.

Entrances from and exits to streets and alleys shall be provided at locations reviewed and approved by the Director and the Director of Public Works.

a.

Except for single-family detached dwellings, and unless expressly recommended otherwise by the Directors, access drives onto public streets shall be a minimum of:

(1)

100 feet apart, measured centerline to centerline; and

(2)

300 feet apart on arterial streets.

b.

Where the nature or location of the project precludes compliance with the above listed minimums, the maximum possible separation shall be provided.

3.

Minimum aisle widths.

a.

The minimum width of access driveways for:

(1)

Detached single-family residences or for duplexes on a single parcel shall be nine feet; and

(2)

Any greater number of residential units on a single parcel, or any commercial or industrial project site shall be as wide as the aisle widths identified in Section 9-34.080 (Dimensional Requirements), above.

(3)

For multi-family residential infill projects of no more than four dwelling units where a drive aisle provides two-way access, and is not required to provide turning movements for parking, the minimum required aisle width shall be 20 feet.

b.

Driveway approaches (within the public right-of-way) shall conform to Public Works standards.

c.

Any increase in off-site width and the length for which that width extends into the site due to the nature, substantial size, or location of the project, or the use of a common driveway, shall be reviewed and approved by the Director and the Director of Public Works.

4.

All access driveways, except for single-family residential parcels, shall have radius side returns per Public Works Standards where the driveway meets the public or private street.

5.

No part of a driveway approach shall extend onto the frontage of adjacent property nor be within the street curb return of the fronting street nor within five feet of the end of the street curb return. No on-site parking

or access shall be allowed that would use a handicap ramp for vehicular access.

6.

Wherever possible, a common driveway for two or more adjacent projects shall be provided.

7.

The centerline of a driveway shall be no more than 15 degrees from perpendicular to the street centerline.

B.

Single-family detached residences.

1.

A driveway shall be a minimum nine feet wide but not wider than the garage it serves, except for the allowance of an additional 10-foot wide parking space which may be placed alongside a driveway, on the side closest to a side property line.

2.

An unobstructed paved parking space, a minimum of 20 feet in length, shall be provided in front of each required parking space.

3.

No onsite parking or access shall be allowed that would use an ADA sidewalk ramp for vehicular access.

C.

Tandem parking prohibited. Except as otherwise allowed in this Chapter, each required parking space shall have unobstructed access to a street, alley, aisle, or drive connecting with a street or alley without requiring movement of another vehicle.

D.

Commercial and industrial development access. Private streets serving commercial and industrial developments shall have a minimum vehicle access width of 40 feet.

E.

Cul-de-sac design.

1.

The maximum length of any cul-de-sac shall be 800 feet.

2.

The minimum cul-de-sac radius for commercial or industrial projects shall be 50 feet, per Public Works Standards.

F.

Parking and access surface requirements.

1.

All parking areas, aisles, and on-site access drives shall be paved with a minimum of:

a.

Two inches of asphalt on four inches of compacted base or four inches of concrete in residential areas; or

b.

Four inches of concrete in commercial and industrial areas;

2.

Driveway approaches at public streets shall be constructed per Public Works Standards, with six inches of concrete for residential use and seven inches of concrete for commercial or industrial use;

3.

All parking areas, aisles, and access drives shall be maintained with a durable, dustless surface; and

4.

The Director of Public Works may approve alternate materials and specifications in lieu of the requirements identified in this Subsection.

G.

Lighting. Lights provided to illuminate a parking facility or paved area shall be designed to reflect away from any residential use in order to eliminate glare, in compliance with Section 9-30.040 (Exterior Light and Glare).

H.

Landscaping. Landscaping shall be installed and maintained in compliance with Chapter 9-33 (Landscaping Standards).

I.

Striping.

Parking lots shall be completely striped, indicating individual parking spaces and traffic lanes as provided in the City approved plan.

2.

Handicapped spaces shall be striped, marked, and signed in compliance with State law (California Administrative Code Title 24).

J.

Drainage.

1.

All parking and circulation areas shall be designed with an adequate drainage system, and improvements shall consist of appropriate devices as specified and approved by the City Engineer.

2.

Drainage shall be subject to all NPDES and SQUIMP Requirements of the Stormwater Quality Management Program.

K.

Maximum slopes.

1.

Parking lot areas.

a.

Parking lot areas used exclusively for parking and turnarounds shall be designed and improved with a grade not exceeding five percent slope.

b.

Parking spaces for the handicapped shall be in compliance with State law (California Administrative Code Title 24).

2.

Driveways.

a.

Driveways within a parking lot shall be designed and improved with a grade not exceeding 10 percent slope.

b.

Driveways providing a means of ingress and egress to a lot upon which is proposed to be located one single-family dwelling shall not be subject to this requirement.

L.

Drive-through stacking. All facilities proposing a drive-through feature shall provide a minimum vehicle stacking length of 150 feet, with the exception of drive-through pharmacies, which shall provide a minimum vehicle stacking length of 85 feet (queuing distance may be achieved by queuing in more than a single row).

M.

Refer to Section 9-44.160 for Accessory Dwelling Unit parking.

(§ 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; § 4, Ord. 1128, eff. April 17, 2008 and § 2(Exh. A), Ord. No. 1265, eff. January 9, 2017)

9-34.100 - Loading Zone Standards

A.

Standards. Every use hereafter inaugurated, and every structure hereafter erected or altered, shall have permanently maintained off-street loading and unloading spaces as follows:

1.

In the case of mixed uses, the total number of required loading spaces shall be the sum of the requirements for the various uses computed separately.

2.

Loading space facilities for one use shall not be considered as providing required loading space facilities for any other use.

3.

Requirements for uses not specifically listed in Table 3-6 (Loading Space Requirements), below shall be based upon the requirements for comparable uses listed and upon the particular characteristics of the use as determined by the Director.

4.

A fraction of a space greater than one-half shall be counted as a whole space.

B.

Quantity. The minimum number of loading spaces required shall be in compliance with Table 3-6 (Loading Space Requirements), below.

TABLE 3-6 - LOADING SPACE REQUIREMENTS

C.

Dimensional requirements. All off-street loading facilities shall comply with the minimum dimensions identified in Table 3-7 (Minimum Loading Space Dimensions), below.

TABLE 3-7 - MINIMUM LOADING SPACE DIMENSIONS

D.

Location of loading facilities. Required loading facilities shall be located on the same site they are designed to serve.

Required loading facilities shall not be located in any required setback areas.

2.

Loading areas and docks shall be allowed only in rear and side lot areas.

3.

Loading doors shall not open toward public streets.

4.

Sufficient space for turning and maneuvering loading vehicles shall be provided on the subject site.

5.

Loading spaces shall be located and designed so that trucks shall not back into a public street or alley nor shall a loading area be designed to require the use of a public right-of-way for access to a loading dock.

6.

No part of an alley or street shall be used for loading, except areas designated by the City for loading.

7.

No area may be utilized and counted both as a required parking space and a required loading berth space.

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

Chapter 9-35 - Recyclable Material and Discard Collection Containers and Facilities

This Chapter establishes the space allocation for recyclable and discard materials in public, institutional, commercial, industrial, and residential developments. The purpose of this Article is to assist the City in maintaining a 50 percent diversion rate, as mandated by the Integrated Waste Management Act of 1989 (AB 939).

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

This Chapter shall apply to each of the following:

A.

Any new development project for which a building permit is issued on or after September 1, 1994.

B.

Any improvements for areas of a public facility used for collecting and loading discards or recyclable commodities.

C.

Any existing development project for which a building permit is issued on or after September 1, 1994, for:

1.

Single or multiple structural alterations that are subsequently performed that add 30 percent or more to the existing gross floor area of the development project;

2.

Any existing development project occupied by multiple tenants, one of which submits on or after September 1, 1994, a building permit for single or multiple alterations that are conducted within a 12-month period which collectively add 30 percent or more to the existing floor area of the portion of the project which the tenant leases.

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

A.

The City recognizes the existence of hardships because of existing improvements that may interfere with siting required discards and recyclable materials collection areas. Therefore, exemptions to this Chapter may be granted provided the Director determines that a minimum amount of space has been provided for collection of recyclable discards generated on-site to protect public health, safety and welfare. A minimum amount of space is defined as that which is allotted to accommodate a typical bin of 42 inches wide, 60 inches high, and 75 inches long, with a vertical clearance of 110 inches.

B.

The Director may also grant an exemption to this Chapter when use of the proposed development will not generate a minimum of one, bi-weekly three-cubic yard bin collection of recyclable material to necessitate the amount of space required by this Chapter or when insufficient space is available to site new enclosures in existing development projects.

C.

A proposed project utilizing residential curbside pickup for the collection of recyclable discards shall be automatically exempt from the requirements of this Chapter.

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

Definitions of the specialized terms and phrases used in this Chapter may be found in Article 8 (Glossary).

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

A.

Space allocation requirements. The following space allocation requirements shall apply to all development projects subject to this Chapter:

TABLE 3-8 - MINIMUM SPACE REQUIREMENTS FOR RECYCLING AND DISCARDS CONTAINERS

Note: A project with at least 2 acre of landscaping shall provide space for at least one additional bin for compostable material.

B.

Storage within a building. Bin storage within a building shall comply with applicable Fire Code requirements.

C.

Enclosure requirements.

1.

Existing development. If an existing development has sufficient space within the enclosures to reasonably accommodate recycling bins, the required bins shall be located within enclosures. If the existing development does not have sufficient space within enclosures or sufficient enclosures in compliance with Subsection A, any additionally required bins may be located outside an enclosure or adjacent to the areas used for collection of discards.

2.

Proposed development. In cases where space allocation for collection of recyclable materials required by this Chapter anticipates use of a bin, the space shall be allocated inside an enclosure or enclosures. Each enclosure shall have four sides, one of which includes a solid decorative opaque gate, unless bins are stored within a building.

D.

Limitations on enclosure location.

1.

Each enclosure within a multi-family residential, commercial, or industrial project shall be no further than 250 feet from the nearest point of each unit being served by that bin.

2.

An enclosure shall not be located in any required parking space, landscape, or setback area, or in an alleyway or other publicly owned right-of-way, where it may disrupt circulation patterns.

3.

An enclosure shall have minimal visual impact by being located in such a manner as to not be visible from a street.

4.

The location of collection bins and their enclosures shall be shown on the site plan of all preliminary and final plan drawings submitted by the applicant to the City.

E.

Enclosure design, materials and construction. Each bin enclosure shall comply with the following standards.

1.

Floor slab.

a.

Each enclosure shall be built on a concrete slab consisting of five-inch aggregate base material and sixinch Portland cement paving. Within the enclosure, the slab shall have a level surface (no slope) where rollout bins are used.

b.

A minimum four-foot wide, six-inch thick concrete apron shall be constructed along the entire width of the enclosure doorway in front of each enclosure. The concrete apron in front of any enclosure shall be less than a two percent slope away from the enclosure.

2.

Walls. The walls of a bin enclosure shall be at least six feet high as measured from the point of highest grade. Walls shall be constructed of solid masonry with decorative exterior surface finish compatible with any required perimeter walls or the main structure.

3.

Opening and gate.

a.

Each enclosure shall have a gate or gates and shall be designed with cane bolts to secure each gate when in the open position. An enclosure gate shall swing outward or slide parallel to a side wall with safe, unobstructed clearance if possible. An enclosure gate shall not open toward any public right-of-way.

b.

The access opening to an enclosure shall be at least 84 inches wide. This requirement applies to the amount of space exposed when the gate is fully opened.

4.

Curbing. To prevent damage to the interior wall of the enclosure, six-inch raised concrete curbing shall be installed abutting the inside perimeter of the wall.

5.

Access and convenience. Each enclosure shall be designed to allow convenient access by walk-up tenants through openings in enclosure walls, without having to open the main enclosure gate. Where required by

law, each enclosure shall be designed in a manner that complies with the equal access requirements of Title 24 and the Americans with Disabilities Act (ADA).

6.

Roof. Each enclosure shall include a roof or trellis which will be designed to preclude trash from being blown out of the bins.

7.

Other laws. The design, location and construction of bin enclosures shall not conflict with any applicable Federal, State, or local laws relating to fire, building, access, transportation, circulation or public safety.

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 2 (Exh. A), Ord. No. 1323, eff. August 26, 2021)

9-35.060 - Recycling Program and Discard Collection

A.

Arrangements for discards or recyclable commodities collection. The property owner, manager, tenant, or appropriate agent of the owner shall arrange for the pickup of discards or recyclable commodities. Space allocated for collection, if not fully utilized, shall continue to be preserved for that purpose in case a future use of the site requires additional bins or containers.

B.

Interior systems. Each proposed project shall include recycling space or systems within each unit, rental space or leased area. Recycling chutes, if they are used, should be fire-proof, cleanable and secure.

C.

Interior access. A multi-story building shall be designed to provide space for discard collection on each floor, in addition to a main collection area on the site accessible for pickup of discards or recyclable commodities.

D.

Education. In multi-family projects, at the time a lease or rental agreement is signed, the manager or homeowner's association representative, or other appropriate agent of the owners of each unit that is subject to this Chapter shall inform all new tenants of the availability of recycling, the location of the recycling collection sites, and the materials that may be recycled.

E.

Mixed use projects. When mixed commercial and residential land uses are allowed on one site, commercial space allocation shall apply to commercial portions of the site, and residential criteria shall apply to the residential portions of the site. When residential and commercial uses are combined in the same structure, residential space allocation requirements shall be applied.

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

Only Non-profit Organizations that are Eligible Organizations may solicit or sell donations of Salvageable Personal Property and shall be exempt from the provisions of this Chapter provided the following conditions are met:

A.

Location and Site Requirements. The Collection Box for the collection of the Salvageable Personal Property shall be located only within the building or site of the Eligible Non-profit Organization that sponsors and receives proceeds from the box. The box shall be located within the building or adjacent to the non-profit's building in a manner that is screened from view from adjacent properties and public rights-of-way by fencing, landscaping, and/or building walls. Boxes shall be monitored and maintained free of materials outside of the box. A box shall not obstruct any pedestrian or vehicular way or any required parking spaces.

B.

It shall be unlawful for any Eligible Organization to solicit, contract with or otherwise engage any independent contractor or Commercial Fundraiser to perform the work of soliciting donations or the selling of Salvageable Personal Property. All soliciting shall be done by the officers of the Eligible Organization or agents appointed by or under the authority of those officers. For the purposes of this section, a Commercial Fundraiser shall be classified as a for-profit organization.

C.

Container design, materials, and labeling. Each Collection box shall be constructed of a uniform material, be a uniform color, and be painted as often as is necessary to remain aesthetically attractive. The front of each Collection Box shall conspicuously display:

(1)

The name, address, telephone number, and, if available, the Internet Web address of the owner and operator of the Collection Box.

(2)

A statement, in at least two-inch type face, that reads: "This Collection Box is owned and operated by a non-profit organization."

(3)

A statement describing the charitable cause that will benefit from the donations.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (Exh. A), Ord. No. 1213, eff. June 6, 2013)

9-35.080 - Small Collection Facility Standards

A.

Purpose. This Section establishes reasonable and uniform procedures for approving small collection facilities for the collection of recyclable materials (i.e., bottles and cans) and shall not apply to the collection of Salvageable Personal Property.

B.

Permit requirement.

1.

A small collection facility may be approved by the Director for an initial time period deemed reasonable by the Director in compliance with the provisions for approving staff administrative actions in Section 9- 52.030.

2.

A collection facility that does not fit within the definition of "small collection facilities" in Article 8 (Glossary) shall be processed in compliance with the criteria below and the procedures in Chapter 9-52 (Permit Review, Approval, Disapproval, or Modification).

C.

Criteria.

1.

The shopping center shall designate a "Recycle Collection Area" (RCA) for all recyclable material bins or containers. All trailers, bins and igloos shall be located within the RCA.

2.

The RCA in a shopping center existing on October 27, 1994 shall utilize existing landscaping to the maximum extent possible to enhance screening of the collection facility.

3.

Any bins or containers for recyclable materials shall be located clear of any driveways and/or entries.

4.

A clean bin shall be available for deposits of recyclable material to ensure that the area is maintained in a clean and neat manner when the main container is left unattended.

5.

The Recycle Collection Area in shopping centers built or remodeled (by an approved Commission-granted development permit) after October 27, 1994, shall consist of a concrete pad surrounded on three sides by concrete curbing with planters a minimum of six feet wide.

6.

Recycling-for-profit shall not occur on lots containing less than 100 parking spaces.

7.

In a shopping center built or remodeled in compliance with Section 9-40.040, six-foot high walls as measured from the point of highest grade shall be constructed behind any planter on sides visible to the street to further enhance screening of the facility. The walls shall be constructed of solid masonry with a decorative exterior surface finish compatible with any required perimeter walls or the main structures of the commercial/industrial complex.

8.

Signing shall be permitted in accordance with the criteria for "non-street frontage" for collection facilities (one-half square foot of signing per linear foot of facility).

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (Exh. A), Ord. No. 1213, eff. June 6, 2013)

A.

Any violation or failure to comply with any of the provisions of this Chapter shall constitute sufficient grounds for refusal of a Certificate of Occupancy.

B.

Any violation or failure to comply with any of the provisions of this Chapter after the issuance of a Certificate of Occupancy shall be deemed a nuisance/violation and shall be punishable as set forth in Chapter 9-78 (Enforcement).

C.

The City may seek legal, injunctive or other equitable relief to enforce this Chapter.

D.

The remedies and penalties provided in this Chapter are cumulative and not exclusive.

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

Chapter 9-36 - Residential Building Permit Allocation System[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 1209 § 4 (Exh. A), adopted March 18, 2013, effective April 18, 2013, amended Chapter 9-36 in its entirety to read as herein set out. Former Chapter 9-36, §§ 9-36.010—9-36.110, pertained to similar material, and derived from Ord. No. 1085, effective January 6, 2006.

The purpose of this Chapter is to set forth the process and procedures for issuance of residential building permits under the City's adopted Managed-Growth Plan (Measure N) consistent with the Policies and Goals of the General Plan.

(§ 4 (Exh. A), Ord. No. 1209, eff. April 18, 2013)

The following classes of projects are exempt from the provisions of the Residential Building Permit Allocation System:

A.

Class 1 Exemption. The following projects shall not subtract from available allocation grants under the provisions of Section 2 of Measure N and Section 9-36.030 and are immediately eligible and able to be awarded residential building permits.

1.

Rehabilitation or remodeling of an existing dwelling, or conversion of apartments to condominiums in compliance with Government Code Section 66427.1 and Simi Valley Municipal Code Section 9-24.070, so long as no additional dwelling units are created.

2.

Construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit in compliance with Government Code Section 65852.2(a)(1)(C), and Simi Valley Municipal Code Section 9-44.160.

3.

Replacement of existing single-family or multiple-family structures on a one-for-one basis on the same site.

B.

Class 2 Exemption. Residential development of one residence on a lot that is not part of an approved but unbuilt Planned Development or Cluster Development Permit is immediately eligible to be awarded an allocation grant. This Class 2 exemption shall apply only to two such projects per developer, or his or her agent, per calendar year, provided such developments are not on adjacent sites. When allocation grants from Class 2 exemptions are awarded, their number shall be subtracted from the available grants before grants are awarded to any residential projects in the allocation system.

(§ 4 (Exh. A), Ord. No. 1209, eff. April 18, 2013; § 2(Exh. A), Ord. No. 1315, effective October 19, 2020 and § 2(Exh. A), Ord. No. 1316, effective December 3, 2020)

Allocation grants shall be awarded as follows:

A.

Availability. At the beginning of each calendar year, 292 allocation grants shall enter the Residential Building Permit Allocation System. Allocation grants not awarded from the prior year shall be added to the following year.

B.

Allocation grant issuance. Upon final approval of a Planned Development or Cluster Development Permit, all residential projects shall be automatically placed into the allocation system. Allocation grants will be awarded on a first-come, first-served basis. A list of projects remaining within the allocation system shall be maintained, in order of placement.

C.

Maximum number of allocation grants per project. Projects that have been placed into the allocation system may receive up to one-half of the available grants during that calendar year. If a project requires more allocation grants, the project will maintain its place in the allocation system and will be eligible to receive up to one-half of the available grants for each subsequent calendar year until all allocation grants required for the project have been issued.

D.

Allocation grant expiration. All allocation grants are valid for four years. The four-year period will commence when a project, or phase of a project, receives its last grant. If a developer fails to establish vested rights within four years, the allocation grants shall be returned to the allocation system for distribution. If the project's Planned Development or Cluster Development Permit has not expired, the project will be placed at the end of the list of projects awaiting allocation grants.

E.

Expired Planned Development or Cluster Development Permit. When a residential project's Planned Development or Cluster Development Permit has expired, the grants for that project shall automatically be returned to the allocation system for distribution.

F.

Nontransferability. All allocation grants shall be project specific and nontransferable.

G.

Mobile Homes. Mobile home parks shall receive grants in the same manner as all other nonexempt projects.

H.

Model Homes. Model home complexes consisting of a maximum of four dwelling units per project may be awarded building permits for construction if there are existing, previously approved, certified building pads.

The allocation grants for the model homes shall be counted from the first allocation grant that the project receives. No model home shall be occupied as a residence until it has been awarded its allocation grant.

(§ 4 (Exh. A), Ord. No. 1209, eff. April 18, 2013)

Except as expressly provided herein, no residential building or grading permit of nonexempt projects may be issued unless an allocation grant for such a project has been obtained. This requirement shall be incorporated into residential project approvals as follows:

A.

Condition of Development Permits. All approvals for residential development subject to this Chapter, including Planned Development Permits, Cluster Development Permits, and Modification Permits, shall be subject to a condition providing that no grading permit, building permit, or other City approval that permits any type of physical dirt movement, construction, or development, with the exception of model home complexes as provided in Section 9-36.030(H), shall be issued for the land within the permit area unless and until an allocation grant is awarded and building permits are authorized.

B.

Condition of Subdivision Maps. All Tentative Maps and Vesting Tentative Maps for subdivision of land to construct residential dwelling units shall be subject to a condition that provides that final maps may be approved, and final maps may be recorded, prior to the awarding of an allocation grant, provided that no grading permit, building permit, or other City approval that permits physical dirt movement, construction, or development will be issued for the land within the subdivision unless and until an allocation grant is awarded and building permits are authorized.

(§ 4 (Exh. A), Ord. No. 1209, eff. April 18, 2013)

Chapter 9-37 - Signs

Regulations established by this Chapter are intended to appropriately regulate the placement, type, size, and number of signs allowed within the City, and to require the proper maintenance of signs in order to protect the public health, safety, and welfare. In order to further these purposes, the City finds and determines that these regulations are necessary in order to:

A.

Avoid traffic hazards to motorists and pedestrians caused by visual distractions and obstructions by insuring that official traffic regulation devices can be easily seen, that adequate sight distance is maintained, and that visual impacts are limited to reduce hazards, by prohibiting nearby visual obstructions such as moving, rotating or blinking signs, an excessive number of signs, an excessive amount of copy-on signs or signs resembling official signs, and by prohibiting signs in the public right-of-way;

B.

Promote the aesthetic and environmental values of the community by providing for signs that do not impair the attractiveness of the City, prohibiting the visual clutter of obtrusive signs, and prohibiting signs in the public right-of-way;

C.

Provide for signs as an effective channel of communications, while ensuring that signs are aesthetically proportioned in relation to adjacent structures and the structures to which they are attached;

D.

Regulate commercial signage based upon the City's determination that such signage constitutes the majority of existing signs and that the City desires to regulate and allow such signage in such a manner that allows for reasonable and equitable identification of businesses and properties, while providing a channel of communication to advertise businesses in the commercial and industrial zones of the City, and maintaining the residential character of the City's residential zones;

E.

Regulate based upon the City's compelling interest in maintaining the residential character of such zones, in order to provide that a residential use with a home occupation shall be considered a residential use and no commercial signs, other than commercial signs placed by charitable organizations, may be displayed;

F.

Regulate based upon the City's compelling interest in ensuring traffic safety, in order to provide that ancillary signs are permitted in order to directly advance that interest, subject to the maximum number set forth in this Development Code; and

G.

Prohibit the placement of signs in the public right-of-way based upon the following:

Prior to the adoption of the ordinance, the City of Simi Valley has permitted temporary signs in the public right-of-way, which has resulted in substantial unsightly conditions, as illustrated in evidence presented to the City Council during its consideration of this ordinance.

The placement and accumulation of temporary signs in the public right-of-way, on traffic and utility devices, upon public sidewalks or on public easements presents dangerous conditions to the free and safe flow of pedestrian and vehicular traffic. Such areas must be preserved for official traffic signs and official utility notices in order to assure the safe flow of traffic.

In addition, in upholding prohibitions against the posting of signs on sidewalks, utility poles and other public property, the U.S. Supreme Court, in the case City Council of Los Angeles v. Taxpayers for Vincent, 466 U.S. 789 (1984), said that "The problem addressed by this ordinance - the visual assault on the citizens of Los Angeles presented by an accumulation of signs posted on public property - constitutes a significant substantive evil within the City's power to prohibit. "[T]he City's interest in attempting to preserve [or improve] the quality of urban life is one that must be accorded high respect." Young v. American Mini Theaters, Inc., 427 U.S., at 71." The Vincent Court also observed that temporary signs could still be allowed

on private property, noting that, "Moreover, by not extending the ban to all locations, a significant opportunity to communicate by means of temporary signs is preserved, and private property owners' esthetic concerns will keep the posting of signs on their property within reasonable bounds. Even if some visual blight remains, a partial, content-neutral ban may nevertheless enhance the City's appearance."

H.

Regulate signs for charitable organizations by permitting them to be located on private property and for a sufficient duration, in order to promote charitable events and activities based upon the City's substantial interest in supporting such events and activities because of the community services they support and based upon the following:

The temporary sign ordinance, which prohibits signs on public property and in the public right-of-way, and otherwise limits the number and duration of temporary commercial signs on private property, directly advances the City's substantial governmental interests and concerns regarding aesthetics by reducing the visual blight created by the proliferation of temporary commercial signs without burdening an excessive amount of speech.

The sign ordinance is narrowly tailored because it does not over-regulate protected speech. It restricts the duration, size, and location of temporary commercial signs, other than signs placed by charitable organizations. Also, with the limited exception of charitable commercial signs, the ordinance prohibits commercial signs in residential zones, in order to advance the City's compelling interest in maintaining the residential character of such zones. Commercial enterprises still have the ability to advertise, contact and communicate with consumers in other ways; such as direct mail, newspaper, radio, television and on-site advertising.

xception of charitable commercial signs, the ordinance prohibits commercial signs in residential zones, in order to advance the City's compelling interest in maintaining the residential character of such zones. Commercial enterprises still have the ability to advertise, contact and communicate with consumers in other ways; such as direct mail, newspaper, radio, television and on-site advertising.

The general principle that the First Amendment forbids the government from regulating speech in ways that favor some viewpoints or ideas at the expense of others is not applicable here because the City's regulations are neutral or even silent concerning any speaker's point of view. Members of the City Council of the City of Los Angeles v. Taxpayers for Vincent (1984) 466 U.S. 787.

Content-based regulations which disadvantage commercial speech are subject to a lesser degree of First Amendment protection as provided in the U.S. Supreme Court case Central Hudson Gas & Electric Corp. v. Public Service Commission of N.Y. 447 U.S. 557, 566 (1980).

Central Hudson established a three-part test for First Amendment challenges to regulations restricting nonmisleading commercial speech that relates to lawful activity. First, the government must assert a substantial interest to be achieved by the regulation. Second, the regulation must directly advance that governmental interest. Third, although the regulation need not be the least restrictive measure available, it must be narrowly tailored so as not to restrict more speech than necessary. Together, these final two factors require that there be a reasonable fit between the government's objectives and the means it chooses to accomplish those ends.

The government bears the burden of asserting one or more substantial governmental interests and demonstrating a reasonable fit between those interests and the challenged regulation. The government is not limited in the evidence it may use to meet its burden.

Unlike the ban in City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410 (1993), which only applied to 62 of the 1,500 to 2,000 news racks in the City, addressing only a "minute" and "paltry" share of the problem, the City of Simi Valley's limitation of allowing one temporary onsite commercial sign, by permit for four 30 day periods per year, applies to all of the approximately 7,500 businesses in Simi Valley which have obtained business licenses and will substantially reduce the number of temporary commercial signs from what has previously been allowed in the City. Charitable signs, without such numerical or permit requirements, may also be placed on private property with permission of the property owner, however, based upon historical experience in the City, the number of charitable organizations and events, and thus the potential for placement of their signs, are limited in number. Moreover, eliminating commercial signs from residential neighborhoods, except for charitable commercial signs, will substantially advance the City's interests in aesthetics and maintaining the residential character of residential neighborhoods. In addition the City is going no further than necessary to achieve its regulatory objective in that the distinctions between commercial signs has been structured to be based upon broad categories (i.e., signs placed by charitable organizations promoting charitable events and activities) as opposed to the specific content or point of view of the organization or enterprise.

The government may be said to advance its purpose by substantially reducing sign proliferation, even where it is not totally eradicated. Evidence presented to the City Council during its consideration of the adoption of this ordinance provided examples of sign proliferation in the City. A limitation on temporary sign display is directly related to the objective of aesthetics. The Simi Valley City Council desires to allow a greater number of temporary charitable commercial signs because of their unique value to the community.

The City has a substantial governmental interest in permitting nonprofit organizations that are raising funds for charitable events that support social services in the community to have their signs in place for an amount of time sufficient to promote their event. This is necessary because most of these charitable organizations, unlike most commercial businesses, have no fixed location where they can place signs upon their property advertising their events, thus furthering the necessity for signage display.

The temporary sign ordinance does not hinder any business's ability to advertise its business by other means such as additional window signs, newspaper, direct mail or other forms of advertising, in addition to permitted onsite temporary signs. There is a distinction drawn in the ordinance between the signs of sellers of goods or services and those placed by charitable organizations.

The United States Supreme Court held that "because charitable solicitation does more than inform private economic decisions and is not primarily concerned with providing information about the characteristics and costs of goods and services, it has not been dealt with as a variety of purely commercial speech." Village of Schaumburg v. Citizens for a Better Environment 444 U.S. 620, 632 (1980). See also Mainstream Marketing Services v. Federal Trade Commission [10th Circuit (2004)].

Therefore, the City of Simi Valley has established a reasonable fit between the substantial interests which it advances and the regulation of the signs.

(§ 4, Ord. 1092, eff. July 6, 2006)

9-37.020 - Applicability

A.

Signs regulated. The requirements and development standards in this Chapter shall apply to all signs in all zoning districts.

B.

Applicability to sign content. The provisions of this Chapter do not regulate the message content of signs (sign copy), regardless of whether the message content is commercial or non-commercial.

C.

Non-commercial speech. Notwithstanding any other provision of this Chapter, non-commercial speech shall be allowed in all zoning districts in accordance with the provisions established in this Chapter for signs. In interpreting where non-commercial speech may be located, this title shall be interpreted to authorize non-commercial speech to be substituted for commercial copy wherever commercial copy is allowed.

(§ 4, Ord. 1092, eff. July 6, 2006)

No sign shall be installed, constructed, or altered unless it receives a Sign Permit or is allowed without a Sign Permit by Subsection (D), below.

A.

Fees and plans required. An application for a Sign Permit shall be filed and processed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall include all required contents identified in the Department handout for Sign Permits (e.g., architectural elevations and plans of all proposed signs drawn to scale, with all dimensions noted, and include illustrations of copy, colors, materials, and samples of the proposed colors and materials) in addition to other materials determined to be necessary by the Director.

B.

Review and approval. Notwithstanding any other provision in this Code to the contrary, upon a determination that an application is complete in accordance with Section 9-50.060, the Director shall approve, deny or refer the sign permit application to the Planning Commission within 20 business days. The Director or Commission shall issue a permit if it is found that the sign complies with the requirements and restrictions of the Development Code. The Director or Commission shall deny a sign permit if it is found that the sign is not in compliance with the provisions of this Code or if required, that the applicant has not received a building permit authorizing erection. Applications referred to the Commission shall be scheduled for the next available meeting, and if appealed, the next available City Council meeting, but in no event shall the available meeting be held more than 30 days after the application is deemed complete, or the appeal has been filed.

C.

Master Sign Program.

1.

When required. An approved Master Sign Program shall be required concurrently with the approval of the required discretionary permit for the following:

a.

All new nonresidential projects; and

b.

Major rehabilitation work on an existing nonresidential project that involves exterior remodeling. For the purposes of this Chapter, major rehabilitation means any project which requires a modification to the subject discretionary permit, in compliance with Sections 9-52.070 (Conditional Use Permits) and 9-52.050 (Planned Development Permits).

All signs installed or replaced within the nonresidential project shall comply with the approved Master Sign Program.

2.

Applicable review authority. A Master Sign Program shall be reviewed, and approved or disapproved by the applicable review authority for the land use permit required for a proposed development or new land use, when a Master Sign Program is required with the project application.

3.

Content of plan. A Master Sign Program shall provide standards for the style, size, and placement of signs within the proposed nonresidential project.

4.

Revisions. Revisions to a Master Sign Program may be approved by the Director if it is determined that the revision is minor, in compliance with Section 9-52.100 (Modification of an Approved Project), and that the intent of the original approval, and any applicable conditions are not affected. A new Master Sign Program approval shall be obtained for revisions that substantially deviate from the original approval.

5.

Requirement for permit. A sign permit in compliance with this Chapter is required for all signs approved under a Master Sign Program prior to installation.

D.

Signs allowed without a Sign Permit. The following are allowed without a Sign Permit, provided that they comply with Section 9-37.050 (General Requirements for All Signs), and any required Building Permit is obtained.

Governmental signs and signs required by law. Signs placed by a governmental entity as required by federal, state, or local law. These signs shall not be illuminated unless required by law, and shall be of the size, height, and location required by law.

2.

Temporary commercial signs placed by charitable organizations. Temporary commercial signs placed by charitable organizations in compliance with this Chapter.

3.

Non-commercial signs. Non-commercial signs in compliance with this Chapter.

4.

Used Vehicle-Automobile sales lot signs. Used Vehicle-Automobile sales lots that have a Conditional Use Permit to sell used Vehicle-Automobiles exclusively may display up to two signs, up to twelve square feet in size each, on up to four parking lot light poles without a Sign Permit, fees, or limits on sign posting duration. Parking lot light pole signs must not be located in or above the public right-of-way, installed above the height of the light pole, or strung between light poles, automobiles, or landscaping.

(§ 4, Ord. 1092, eff. July 6, 2006, as amended by § 4 (Exh. A), Ord. No. 1205, eff. April 18, 2013)

A.

The following types of signs and devices are prohibited:

1.

Animated signs, including electronic message display signs, unless otherwise authorized by this Code, and variable intensity, blinking, or flashing signs on the building exterior;

2.

Balloons and other inflatable devices, except as allowed in compliance with Section 9-52.080 (Temporary Use Permits);

3.

Illegal signs (see Subsection B, below);

4.

Moving or rotating signs;

5.

Permanent off-premise signs;

Pennants, banners and streamers, except as allowed in compliance with Section 9-52.080 (Temporary Use Permits) and Section 9-37.070(C)(9);

7.

Pole signs and other freestanding signs over the height limits specified in Section 9-37.060(B);

8.

Roof signs;

9.

Because of the City's compelling interest in ensuring traffic safety, signs that simulate in words, symbols, color, size, or design, any traffic control sign or signal;

10.

Signs attached to or suspended from a vehicle, parked within a public right-of-way or in a location on private property, which extends more than 12 inches beyond the height or width of the vehicle, and that is visible from a public right-of-way, except a sign painted directly upon, magnetically affixed to, or permanently affixed to the body or other integral part of the vehicle;

11.

Temporary and portable signs, except as allowed by this Chapter; and

12.

Signs posted, affixed, attached and/or placed by any person on or over the public right-of-way, public easements, or upon any utility pole, fencing, tree, shrub, railroad crossing, or lighting system, unless otherwise allowed pursuant to SVMC Section 9-44.200(C).

B.

The following types of signs are illegal:

1.

Signs erected without first complying with all regulations in effect at the time of its construction or use;

2.

Signs that were legal when erected, but whose use has ceased; signs upon which the structure of the display was placed and which structure has been abandoned by its owner; or signs not being used to identify or advertise a business which has been in existence for at least 90 days;

3.

Signs that were legally erected but later became nonconforming and then were damaged to the extent of 50 percent or more of its current replacement value, as determined by the City Building Official, or his designee; or

4.

Signs that are maintained in such a manner so as to constitute an immediate danger to the public.

(§ 4, Ord. 1092, eff. July 6, 2006, as amended by § 2, Ord. 1126, eff. March 13, 2008, and § 4 (Exh. A), Ord. No. 1205, eff. April 18, 2013)

9-37.050 - General Requirements for All Signs

A.

Sign area. Sign area shall be measured as follows to determine compliance with the sign area limitations of this Chapter.

1.

The surface area of a sign shall be calculated by enclosing all framing, writing, logo, representation, emblem, or other display within a single continuous perimeter line. See Figure 3-11.

==> picture [408 x 120] intentionally omitted <==

Figure 3-11. Sign Area Measurement

2.

Supporting members or bracing that is clearly incidental to the display itself shall not be computed as sign area.

3.

The area of a double-faced (back-to-back) freestanding sign shall be calculated as a single sign face if the distance between each sign face does not exceed one foot at any point.

4.

Where a sign consists of one or more three-dimensional objects (e.g., balls, cubes, clusters of objects, sculptures and statue-like trademarks), the sign area shall be measured as their maximum projection upon a vertical plane. See Figure 3-12.

==> picture [204 x 151] intentionally omitted <==

Figure 3-12. 3-D Sign Measurement

B.

Sign height. Sign height shall be measured as the vertical distance from the top of the adjacent curb elevation to the highest point of the structure, or average grade, whichever is less, as shown in Figure 3-13.

==> picture [372 x 112] intentionally omitted <==

Figure 3-13. Sign Height Measurement

C.

Sign location requirements.

1.

All signs shall be located on the same site as the subject of the sign, except as otherwise allowed by this Chapter. A sign may project over an adjacent public right-of-way only if authorized by an encroachment permit as well as a Sign Permit.

2.

Signs shall not be located within the public right-of-way, except as otherwise allowed by this Chapter.

3.

Except for awnings, signs shall not overlap any portion of a window.

D.

Maintenance standards for signs.

1.

Signs and supporting hardware, including temporary signs, shall be maintained in a good state of repair and must function properly at all times. Signs with broken frames and mounting brackets, missing or broken panels, missing or unreadable text or graphics, burned out lights, peeling paint, rusted, or bent structural members shall be deemed not to be in a good state of repair. Repairs to signs shall be of equal or better quality of materials and design as the original sign. Signs that are not in a good state of repair shall be deemed to be a public nuisance, and may be abated in compliance with the City's Property Maintenance Ordinance.

2.

When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Walls shall be repaired and painted to match the supporting structure.

E.

Rehabilitation Sign Permit Standards. Refer to Section 9-44.120(D) for standards.

F.

Design guidelines for signs. The following design guidelines are strongly encouraged for use in preparation of sign permit applications. (Note: All sign design guidelines appear in italics to distinguish them from standards, which are mandatory requirements.)

1.

Responsibility for design and construction.

a.

Design drawings for proposed permanent signs should be prepared by design professionals (e.g., graphic designers, architects, landscape architects, interior designers, whose principal business is the design, manufacture, or sale of signs) or others who are determined by the Director to be capable of producing professional results.

b.

All permanent signs should be constructed by individuals whose principal business is building construction or a related trade, including those whose principal business is the manufacture and installation of signs, or others capable of producing professional results. The intent is to achieve signing of careful construction, neat and readable copy, and durability, to reduce maintenance costs and to prevent dilapidation.

2.

Sign copy. The City does not regulate the message content (copy) of signs; however, the following are principles of copy design and layout that can enhance the readability and attractiveness of signs. Copy design and layout consistent with these principles is encouraged.

a.

Sign copy should relate only to the name and/or nature of the business or commercial center.

b.

Permanent signs that advertise continuous sales, special prices, etc. should be avoided.

c.

Information should be conveyed briefly or by logo, symbol, or other graphic manner. The intent should be to increase the readability of the sign and thereby enhance the identity of the business.

d.

Freestanding signs should contain the street address of the parcel or the range of addresses for a multitenant center.

3.

Colors. Colors on signs and structural members should be harmonious (e.g., compatible and complementary) with one another and representative of the dominant colors of the building(s) being identified.

4.

Materials and structure.

a.

Materials selected for permanent signs should be durable and capable of withstanding weathering over the life of the sign with reasonable maintenance.

b.

Sign materials (including those for framing and support) should be similar in appearance to the type and scale of materials used on the buildings on the same site as the sign. Insofar as possible, sign materials should match the materials used on the building and on other signs on the project site.

c.

The size of the structural members (e.g., supports) should be proportional to the sign panel they are supporting. In general, fewer larger supporting members are preferable to many smaller supports.

d.

Any background required to support the individual letters should be the same (e.g., color, materials, etc.) for all on-site signs with backgrounds.

e.

The use of signs composed of individual letters mounted on a building wall and incorporated into the building design (rather than signs with background and framing other than the building wall) should be

required under the following:

(1)

Proposed signs under a Master Sign Program;

(2)

New or modified signs; and

(3)

Any background required to support the individual letters should be the minimum amount needed to serve the intended purpose.

5.

Light sources. Light sources should utilize energy efficient fixtures to the greatest extent possible.

6.

Sign illumination.

a.

External light sources should be directed and shielded to limit direct illumination of any object other than the sign.

b.

In areas with low ambient nighttime illumination levels (e.g., residential neighborhoods or business districts with little or no illuminated signing) applicants are encouraged to use light, illuminated copy against dark or opaque backgrounds.

c.

Reflective-type bulbs and incandescent lamps that exceed 15 watts should not be used on the exterior surface of signs so as to expose the face of the bulb or lamp to a public right-of-way or adjacent property.

G.

Electronic changeable copy sign standards.

1.

The display illumination shall not have continuous motion or appear to be in continuous motion.

2.

The message rate shall not change at a rate faster than one message every 30 seconds.

The intensity of the illumination shall neither change nor flash.

4.

For signs located within or abutting residential zones, the hours of operation are limited to 7:00 a.m. to 10:00 p.m.

5.

The display is limited to text only and no graphics/pictures are allowed.

6.

The sign shall be freestanding only with a maximum height of eight feet and a total area allowed for electronic display limited to 40 square feet.

(§ 4, Ord. 1092, eff. July 6, 2006, as amended by § 2, Ord. 1126, eff. March 13, 2008)

The signs and sign area authorized by this Section shall be allowed unless otherwise expressly provided in Section 9-37.030(D) (Signs allowed without a Sign Permit).

A.

Residential zoning districts.

1.

Sign standards. Signs in residential zoning districts (e.g., incorporating single-family, multi-family, and institutional uses) shall be in compliance with the standards identified in the Table 3-9.

TABLE 3-9 - SIGN STANDARDS FOR RESIDENTIAL ZONING DISTRICTS

2.

Ancillary signs. In addition to the maximum sign area allowed in Table 3-9 above, ancillary signs may be allowed without a permit. The maximum allowable sign area shall not exceed six square feet per sign or a total of 24 square feet for all on-site ancillary signs.

3.

Non-commercial signs. Non-commercial signage is allowed without a permit, provided that the total sign area allowed on a parcel shall not exceed six square feet.

B.

Commercial, office, and industrial zoning district sign standards. The types of signs listed in Table 3-10 are allowed within the commercial, office, and industrial zoning districts only, in compliance with the standards in Table 3-10.

TABLE 3-10 - SIGN STANDARDS FOR THE COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS

(§ 4, Ord. 1092, eff. July 6, 2006, as amended by § 2, Ord. 1126, eff. March 13, 2008; Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. B), Ord. No. 1250, eff. December 3, 2015 and § 2 (Exh. A), Ord. No. 1254, eff. March 24, 2016)

A.

Non-commercial temporary signs.

1.

Requirements. Non-commercial signs, as defined in Article 8 (Definitions), shall not require a permit but are subject to the restrictions contained in Subsection C and F relating to size, placement, height, attachments, identification and illumination standards.

2.

Location. Non-commercial signs are allowed on private property, with the permission of the property owner.

3.

Duration. The duration of non-commercial signs shall not exceed 128 days except election signs. Election sign duration shall not exceed 60 days prior to, and including the date of, any election and must be removed within 7 days after the date of the election.

B.

Commercial temporary signs not allowed on residential properties. Commercial temporary signs, except those placed by charitable organizations with the permission of the property owner, and property management or leaseholder as representative of the property owner, are not allowed on residentially zoned or residentially developed properties.

C.

General standards for all temporary signs. The following standards shall apply to all temporary signs:

1.

Placement of signs. No such sign shall be placed on other sign or attached to landscaping materials.

2.

Height. The height of a temporary sign shall not exceed:

a.

Freestanding. Six feet above the grade level; or

b.

Mounted on a structure. The height of the structure upon which the sign is mounted.

3.

Requirement for permit. All temporary commercial signs located on private property require a sign permit, except those placed by charitable organizations in compliance with this Chapter.

4.

Attachments. It shall be unlawful to attach, connect, or otherwise affix balloons, pinwheels, streamers, or similar objects to any temporary sign.

5.

Sign illumination prohibited. Temporary signs shall not be internally illuminated, shall not have external lighting installed, and shall not be a form of redirect illumination.

6.

Supporting structures for temporary signs. Any supporting structure that was installed or erected to hold or support a temporary sign shall be completely removed when the temporary sign is removed.

7.

Construction requirements. The sign shall be constructed and affixed in a manner so as to withstand natural forces, such as wind and rain.

8.

V-shaped signs. "V"-shaped signs shall be considered two signs.

9.

Signs/banners located on light or utility poles. Notwithstanding any provision in this Chapter to the contrary, nothing herein shall be deemed to prohibit signs or banners placed on light or utility poles by or with the express permission of the utility that owns the pole.

10.

Location. Temporary signs are not allowed to be posted, affixed, attached and/or placed by any person on or over the public right-of-way, public easements, or upon any utility pole, fencing, tree, shrub, railroad crossing, or lighting system.

D.

Other standards for temporary commercial signs.

1.

Window signs. Temporary signs attached, glued, painted, resting upon, or otherwise affixed to a window glass surface shall not obscure or render opaque more than 40 percent of the exterior glass surface upon which it is affixed or painted. Signs mounted within two (2) feet of the exterior glass surface shall be considered window signs. Neon signs shall measure less than half of the allowed 40 percent coverage, and shall not rotate, move, flash, blink, or vary in intensity. The area of window signs shall be measured using the method described in Section 9-37.050 (General requirements for all signs). Temporary windows signs do not require a permit.

2.

Vehicle signs.

a.

Signs on a vehicle that do not meet the definition contained in Article 8 (Glossary), are prohibited.

b.

Vehicle signs that meet the definition of vehicle sign contained in Article 8 (Glossary), are allowed and do not require a sign permit.

3.

Signs advertising real property. Temporary commercial signs advertising real property for sale, lease, or exchange are permitted pursuant to the regulations of Civil Code Section 713 and shall be in compliance therewith. However, pursuant to the authority in Civil Code Section 713, in commercial and industrial zones, the maximum sign area is 50 square feet and maximum sign height is six feet. For residential zones, the maximum sign area allowed is 12 square feet, the maximum height is six feet, and signs shall not extend over rear or side property walls.

4.

New business grand opening sign. New businesses, defined as a new business concern being operated by a business owner, or entity, with a first time Simi Valley Business Tax Certificate, may have one additional, on-building sign not to exceed 50 square feet, for a period not to exceed 30 calendar days from the date of opening to the public. A no-fee temporary sign permit is required.

5.

Quantity. Only one temporary commercial sign may be placed on a parcel or leasehold interest thereon, except charitable organizations may place an unlimited number of signs, in compliance with Subsection F, below. However, additional temporary commercial signs may be approved on private property subject to a Temporary Use Permit under Section 9-52.080(D)(5) and (D)(6).

6.

Location. A temporary sign shall be located five feet or more from the property line, except when an existing structure is located within five feet of the front or side property line then the temporary sign can be located within the five-foot setback.

E.

Unauthorized removal of temporary signs.

1.

Except as provided below in Section 9-37.090(E) (Enforcement), no person shall destroy, relocate, remove, or otherwise disturb any temporary sign, or direct or allow the destruction, relocation, removal, or disturbance without the written permission of the party who caused the sign to be erected.

2.

Nothing in this Section shall prohibit summary sign abatement as provided in Section 9-37.090(E) (Enforcement), or prohibit the owner of the property or structure, or their authorized representative, from removing a temporary sign from their property or structure when the sign has been erected without their consent.

3.

Nothing in this Subsection shall prevent the Director, or other authorized representative of the City, from taking action to abate temporary sign violations.

F.

Standards for charitable commercial temporary signs on private property. Charitable organizations may place an unlimited number of commercial signs on private property, with the permission of the property owner, as follows:

1.

Maximum size. The maximum sign area of a charitable commercial temporary sign shall not exceed 12 square feet on each side.

2.

Duration. The maximum duration of a charitable commercial sign is 30 days prior to an event, and such sign must be removed within five days after the end of the event that it is advertising.

3.

Identification required.

a.

Each charitable commercial temporary sign shall have affixed on the front in the lower right hand corner of the sign, the legible date range or period of its posting (excluding election signs). The name, address, and phone number of the person or organization installing, placing, or erecting or causing the installation, placement, or erection of the sign shall also be legibly affixed on the front of the sign in the lower right corner, unless the name, address, and phone number of the person or organization appear within the graphics of the sign. As an alternative, sign owner's name, address, and telephone number must be affixed to the sign or identified on the sign and it is maintained on file with the organization, the individual, the campaign office, or County of Ventura Elections Division and made accessible, if verification of sign ownership is requested.

==> picture [420 x 133] intentionally omitted <==

b.

Charitable commercial temporary signs not displaying the above required identification shall be prohibited and shall be subject to abatement procedures and/or prosecution by the City of any person causing the sign to be installed, in compliance with Section 9-37.090(E) (Enforcement).

c.

Location. Leaseholders of businesses may grant permission for charitable commercial temporary signs to be placed directly on their storefront and/or within 10 feet of the main exterior entrance to the business.

G.

Standards for temporary commercial signs requiring a permit. The following standards shall apply to all temporary commercial signs placed within all applicable zoning districts by permit (refer also to subsection H below).

1.

Maximum size. The maximum sign area allowed for temporary commercial signs, is not reduced by the signage allowed for permanent signs.

a.

Freestanding temporary signs shall not exceed 12 square feet on each side in compliance with Section 9- 37.060 (Zoning District Sign Standards).

b.

Temporary signs attached to buildings shall not exceed 50 square feet.

Duration.

a.

A temporary sign shall not be displayed at any location for a period exceeding 16 days per Sign Permit.

b.

No more than a total of eight separate Sign Permits shall be allowed in any calendar year for any business, individual, or organization.

3.

Identification required. Each temporary sign shall have legibly affixed on the front in the lower right corner of the sign a City sign seal, with identifying number and expiration date issued by the Department.

4.

Location. Freestanding temporary commercial signs may be located anywhere on the parcel of the respective business (or within the commonly managed shopping center with the property owner's or manager's permission); shall be located such that they do not interfere with traffic safety sight areas (TSSA), visibility at driveways, private sidewalk clearances, or disabled access; and shall not be located in, nor overhang, the public right-of-way.

Processing of a Temporary Sign Permit application.

a.

A Temporary Sign Permit application shall be submitted and approved by the Department of Environmental Services before the placement of any temporary sign.

b.

The permit shall describe the duration, location, number, size, type (e.g., commercial or noncommercial), and design of the sign(s).

c.

The Director shall designate the form to be used for Temporary Sign Permit applications.

d.

The permit shall be issued by the Director within three business days after receipt of the completed application if the requested sign(s) complies with the applicable requirements identified in this Section. If the sign(s) is not disapproved within three business days from receipt of the application, the sign(s) shall be deemed approved.

e.

Only one Sign Permit application shall be required for multiple signs to be erected by a single applicant where the signs have identical graphics, are the same size, and/or are being placed on more than one parcel.

f.

A sign seal, provided by the Department of Environmental Services, shall be placed on each sign.

H.

Number, size, duration, and location of temporary signs. The following standards shall apply to temporary commercial signs placed within all applicable zoning districts by permit. All other standards for commercial temporary signs not specified herein shall apply.

1.

Sunset clause. This subsection 9-37.070(H) shall automatically expire on December 31, 2015 unless extended by the City Council.

2.

Quantity. Temporary commercial signs shall be allowed per tenant business for up to two of the following:

a.

One on-building temporary sign;

b.

One freestanding temporary sign;

c.

Two freestanding temporary feather signs. A temporary commercial feather sign is a ground-mounted freestanding sign that is vertical in nature with total maximum size of 12 square feet, maximum height above adjacent grade of ten feet, and a maximum width at any point of two feet, displayed under the authority of Sections 9-37.070.H or I of this Code.

3.

Duration.

a.

The Temporary Sign Permit shall not exceed a period of 16 calendar days.

b.

A maximum of eight separate Temporary Sign Permit periods shall be allowed in any calendar year per tenant business.

4.

Location. Freestanding temporary commercial signs may be located anywhere on the parcel of the respective business (or within the commonly managed shopping center with the property owner's or manager's permission), shall be located such that they do not interfere with traffic safety sight areas (TSSA), visibility at driveways, private sidewalk clearances, disabled access, and shall not be located in, nor overhang, the public right-of-way.

5.

Drive-through restaurants. In addition to the temporary commercial signs allowed under subsection (H)(2) above, one additional freestanding or on-building temporary sign, not exceeding six square feet, shall be permitted with a Temporary Sign Permit within the drive-through area of a restaurant provided it is not visible from the public right-of-way.

I.

Temporary Use Permit signage. As part of a Temporary Use Permit for limited sidewalk sales or displays and extensive promotional activities per Section 9-52.080, the Temporary Use Permit may include temporary commercial signage as follows:

1.

Sunset clause. This subsection 9-37.070(I) shall automatically expire on December 31, 2015, unless extended by the City Council.

2.

One temporary commercial sign that is either an on-building sign not exceeding 50 square feet, or a freestanding sign.

3.

The one Temporary Use Permit related temporary commercial sign may be located as specified in subsection H.4, above.

4.

The one Temporary Use Permit related temporary commercial sign is in addition to the maximum temporary signs allowed with a Temporary Sign Permit per subsection (H)(2), above, and shall not require a separate Temporary Sign Permit.

(§ 4, Ord. 1092, eff. July 6, 2006, as amended by § 2, Ord. 1126, eff. March 13, 2008, Exh. A, Ord. 1147, eff. August 20, 2009, Exh. A, Ord. 1164, eff. November 11, 2010; § 2 (Exh. A), Ord. 1168, eff. February 10, 2011; § 2 (Exh. A), Ord. No. 1185, eff. March 29, 2012; § 2 (Exh. A), Ord. No. 1200, eff. October 11, 2012; § 2 (Exh. A), Ord. No. 1210, eff. May 9, 2013; § 2 (Exh. A), Ord. No. 1211, eff. May 9, 2013; § 2 (Exh. A), Ord. No. 1222, eff. 2-27-2014 and § 2 (Exh. A), Ord. No. 1250, eff. December 3, 2015)

A legal nonconforming sign is any permanent sign that was legally established, erected or maintained in compliance with the provisions of all applicable laws in effect at the time of original installation, but that does not now comply with the provisions of this Development Code. A legal nonconforming sign shall not be:

A.

Changed to another nonconforming sign;

B.

Structurally altered to extend its useful life;

C.

Expanded;

D.

Re-established after a business is discontinued for 90 days; or

E.

Re-established after damage or destruction to 50 percent or more of the value of the sign or its components, as determined by the Building Official, and the destruction is other than facial copy replacement, and the display cannot be repaired within 30 days of the date of its destruction.

(§ 4, Ord. 1092, eff. July 6, 2006)

A.

Public nuisance unlawful. Any sign erected or maintained contrary to the provisions of this Chapter is - unlawful and a public nuisance. Proceedings for its removal may take place in compliance with Chapter 9 78 (Enforcement of Development Code Provisions).

B.

Public nuisance declared by Council. After providing the owner of the sign and the owner of the property on which the sign is located notice of the date and time of the City Council meeting at which it will be considered, the Director may ask the Council to declare a sign a public nuisance under the following conditions:

1.

The sign is significantly damaged either in support structure or sign face, as determined by the Building Official.

2.

The sign is illegible either through fading, rusting, or erosion of the sign face or through faulty or missing illumination; or

3.

The sign is unsafe for vehicles or pedestrians.

The owner of the sign and the owner of the property on which the sign is located shall be afforded an opportunity to respond and present evidence at the meeting.

C.

Removal of abandoned sign. A sign shall be removed by the sign owner and/or property owner when business is no longer conducted on the premises, unless the sign is re-used by a subsequent tenant within 90 days of the business closure. If the sign owner and/or property owner fail to remove the sign within the above mentioned time period, the Director shall give the sign owner and/or property owner 30 days written notice to remove it. Upon failure to comply with the notice, the Director may have the sign removed at the sign owner's and property owner's expense. The sign owner and the property owner shall be jointly and severally liable and responsible for any costs incurred. Proceedings for the removal of signs and/or support structures shall comply with Chapter 9-78 (Enforcement).

D.

Immediate removal of hazards. The City may immediately abate any sign which poses an immediate traffic hazard, including the obstruction of motorists line-of-sight. Within five days after removal of such sign, the

City shall give notice to the owner of the sign, if known, to retrieve the sign within 10 days thereafter. If the owner fails to respond within 10 days, the City may destroy the sign.

E.

Enforcement.

1.

Signs located in public right-of-way or public easements.

a.

Upon determining that a violation of any provision of this Chapter has occurred, the City may immediately abate signs located in the public right-of-way or public easements, including those in the median or island of any public street.

b.

The procedure identified in this Section shall not limit or restrict the City from enforcing this Section, or any other provision of this Chapter, in any other manner provided by law, including civil or criminal prosecution.

2.

Signs located on private property.

a.

Upon determining that a violation of any provision of this Chapter has occurred, the City may, with the written consent of the owner of the private property or structure on which a temporary sign(s) has been placed in violation of this Section, immediately abate the offending sign on the private property or structure.

b.

The procedure identified in this Section shall not limit or restrict the City from enforcing the provisions of this Chapter, in any other manner provided by law, including civil or criminal prosecution.

(§ 4, Ord. 1092, eff. July 6, 2006)

Any permit issued or disapproved in compliance with this Chapter shall be subject to expedited judicial review in compliance with the time limits identified in Code of Civil Procedure Sections 1094.8 et seq. and Chapter 9-78 of the Municipal Code.

(§ 4, Ord. 1092, eff. July 6, 2006)

In the event that any part of this Chapter is held to be invalid or inapplicable to any sign or signs, it is intended that the invalid part or parts be severed from the remaining provisions in order to continue in force

and effect as many provisions of this Chapter as possible. It is specifically intended that severance occur, if necessary, that will allow the application of restrictions on the height, size, type, number, and location of signs. The Council hereby declares that it would have passed this Chapter and adopted this Chapter and each section, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

(§ 4, Ord. 1092, eff. July 6, 2006)

Chapter 9-38 - Tree Preservation, Cutting, and Removal

It is the determination of the Council that proper and necessary steps be taken in order to protect and preserve trees, to the greatest extent possible, in order to protect the health, safety, or welfare of the citizens of the City.

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

The provisions of this Chapter shall apply to all protected trees, as defined in Article 8 (Glossary), within the limits of the City, except as specified in Section 9-38.090 (Exceptions), below.

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

No "protected tree" shall be removed, cut down, relocated, or otherwise destroyed, except as provided for in Sections 9-38.070 (Tree Removal Permits) through 9-38.090 (Exceptions), below.

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

A.

Tree report required. Where a person wishes to remove or relocate one or more protected tree(s) or develop a site which contains protected trees, the Director shall cause a tree report to be prepared on those trees for review by the Environmental Planner.

B.

Authorized to prepare reports. Tree reports shall be prepared by an arborist, horticulturist, or registered landscape architect.

C.

Precise locations required. An applicant who wishes to remove a protected tree(s) or develop a site which contains protected tree(s) shall provide to the City the precise vertical and horizontal location within plus or

minus one foot of each protected tree on the subject parcel and the generalized locations of all protected trees within 20 feet of the project boundary.

D.

Required information. Tree reports shall include the following information:

1.

Tree type. Tree type by common name, genus, and species.

2.

Trunk diameter. The diameter of trunks or main stems as measured four and one-half feet above the root crown.

3.

Tree spread. The average spread of each tree.

4.

Health of tree. A letter grade for the health of each tree. Grades employed shall be "A" for outstanding, "B" for good, "C" for average, or "D" for below average.

5.

Aesthetic quality of tree. A letter grade for the aesthetic quality of each tree employing those grades defined in Subsection 4, immediately above.

6.

Disclosure of damage or disease. Disclosure of any significant disease or insect infestations, fire, heart rot, mechanical or wind damage.

7.

Recommended remedial measures. Recommended tree surgery, chemical treatment, or other remedial measures intended to improve the health, safety, or life expectancy of the tree.

8.

Replacement value of tree. The replacement value of each tree which shall be established, and provided to the City, using the most recent edition of the "Guide for Establishing Values of Trees, and Other Plans" prepared by the Council of Tree Landscape Appraisers.

9.

Tree relocation. An evaluation of the technical feasibility of relocating each tree and the probable cost of relocation.

E.

Director may waive report or survey. The Director may waive the requirement for a tree report, or may waive the requirement for a survey of one or more trees, based upon a judgment that the tree(s) would have little or no ornamental value in an urban setting or that the tree(s) are located in a manner so that there is no possibility that they would be impacted by the development of the project as proposed.

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

9-38.050 - Guidelines for Trees Associated with Urban Development

A.

Desirability of preserving protected trees. Initial project layout, design, and grading shall recognize the desirability of preserving protected trees with appropriate modifications and adjustments to accommodate preservation and maintenance by locating the best candidates in areas where preservation is feasible.

B.

Appropriate safeguard considerations. Design of the grading and other improvements shall reflect consideration of the following safeguards:

1.

Location in minimum growing areas as required by individual species;

2.

No disruption or removal of structural or feeder roots;

3.

Fencing of trees at or beyond their drip lines during grading and construction activities;

4.

No filling, cutting, development, or compaction of soils within the drip line; and

5.

Other measures required by the species of tree to be preserved as recommended by the consulting arborist, horticulturist or landscape architect.

C.

Practicality of preserving all healthy trees.

1.

It is recognized that the complete preservation of healthy trees may sometimes conflict with normal land developmental considerations (e.g., proper circulation, drainage, grading, safety and provisions of utilities).

2.

Within a given development, it may not be practical to preserve all healthy trees and therefore the City and the developer shall be willing to compromise the goal of complete tree preservation in order to address other public safety and design concerns.

3.

In these instances, the design of the development shall address preservation of the most desirable and significant of the healthy trees and the developer shall utilize creative land planning techniques to achieve this end.

D.

Proposed preservation plan.

1.

The Commission, when reviewing development plans, shall determine the adequacy and appropriateness of the proposed preservation plan.

2.

When conditioning a project to relocate a tree, the Commission shall consider the technical feasibility of relocation, the cost of relocation versus the appraised value of the tree, and the proposed new location of the tree.

a.

If a tree is to be relocated to public property, the applicant shall submit to the City a written commitment to accept and maintain the tree from the public agency which will receive the tree.

b.

The public agency shall have the option of refusing acceptance of the tree.

c.

Trees shall be relocated by arborists with experience in moving mature trees.

3.

Following approval of a development, the developer shall submit grading and precise landscaping plans detailing the approved preservation plan.

4.

The locations of all protected trees shall be indicated on these plans by the number of the tree as described in the tree study, with details indicating which trees shall be preserved or relocated, and which shall be removed.

5.

The plans shall be approved by the Director and the City Engineer.

6.

Before use inauguration, the preserved trees shall be trimmed for balance, structural integrity, and ornamental appearance as recommended in the tree report for the project, subject to the satisfaction of the Director.

E.

Preservation of Blue Gum trees. Preservation of Blue Gum trees (Eucalyptus globulus) is not required within parkways, medians, or planter areas of less than 12 feet in width, exclusive of sidewalks, adjacent to structures, or within parcels with single-family detached residences, closer than 75 feet from the nearest structure intended for human habitation.

F.

Precise vertical and horizontal locations. The precise vertical and horizontal locations, plus or minus one foot, of all protected trees shall be shown on the site plan as part of the initial application for any development project, unless that project would involve no exterior construction activities.

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

9-38.060 - Guidelines for Trees not Associated with Urban Development

A.

Tree Removal Permit application required. Anyone wishing to remove a protected tree, which is not currently associated with a proposal for urban development, shall first apply for a Tree Removal Permit from the Department.

B.

Director's review. The Director shall review the application and inspect the tree(s) in question to determine how the standards listed in Section 9-38.080 (Standards for Granting or Disapproving Tree Removal Permits), below are applicable or if the exceptions identified in Section 9-38-090 (Exceptions), below are applicable to the request.

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

The Director shall give priority to tree inspection requests based upon threats to public health and safety. The Director may defer action on the Tree Removal Permit and refer the request to the Commission for determination.

A.

Tree Removal Permit required.

1.

No protected tree shall be removed, relocated, cut down, or otherwise destroyed, unless a Tree Removal Permit has been first issued by the Director.

2.

The Director shall establish the format and information required for a Tree Removal Permit in compliance with this Chapter.

B.

Site inspection. Before issuance of the permit the Director shall inspect the premises involved and shall designate the tree(s) to be removed or moved.

C.

Director's determination required. A Tree Removal Permit shall not be issued for the removal or relocation of any tree on any parcel associated with a proposal for urban development, unless the project has been approved by the City or unless the Director determines that the immediate removal of the tree is required because of the condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, or interference with utility services.

D.

Conditions of approval.

1.

If it is technically feasible to relocate a tree(s), the Director may condition a Tree Removal Permit to move the tree(s) to a location on or off the subject site.

2.

If a tree(s) is to be relocated to public property, the applicant shall submit to the City a written commitment to accept and maintain the tree(s) from the public agency which will receive the tree(s).

3.

The public agency shall have the option of refusing acceptance of the tree(s).

4.

If relocation of the tree(s) is not feasible, the Director may require that the appraised value of the tree(s) be used to replant trees on the subject site.

E.

Landscaping plans.

1.

Landscaping plans for a development project shall incorporate the conditions of approval of the Tree Removal Permit.

2.

Trees to be preserved in place and relocated trees shall be shown on the plans and the plans shall indicate where the appraised value of removed trees has been applied to upgrading the tree plantings beyond minimum planting requirements.

F.

Changes to the preservation plan.

1.

The Tree Removal Permit shall contain a description of any proposed change(s) to the tree preservation plan approved with a development project.

2.

The removal of any additional trees shall be supported by evidence submitted by the applicant that the trees cannot be saved as previously determined.

G.

Tree value appraisal.

1.

Where a tree(s) is proposed for removal that is associated with a proposal for urban development, or is located on a vacant parcel, the Director shall cause an appraisal of the value of the tree(s) to be prepared.

2.

When a tree(s) is associated with a proposal for urban development, the appraised value of the removed tree(s) shall be applied to upgrading the size of tree plantings associated with the project above minimum planting standards.

3.

When a tree(s) is proposed for removal that is not associated with a proposal for urban development, the Director may condition a Tree Removal Permit upon the replacement or relocation of the tree(s).

4.

The value of the replacement tree(s) shall be equal to the appraised value of the tree(s) to be removed.

5.

When a tree(s) proposed for removal is located on a vacant parcel, the appraised value of the tree(s) shall be used to establish the value of the replacement tree(s) planted on the subject site.

6.

An obligation for the planting of a replacement tree(s) may be recorded for a vacant property at the discretion of the Director if the value of the removed tree(s) is substantial.

7.

If the value of the tree(s) to be removed is substantial and it is not feasible to replant the total value of the tree(s) on the subject site, the permit may also be conditioned to require payment of a fee to the City to be used to plant trees elsewhere in the community.

8.

The amount of the fee shall consist of the appraised value of the tree(s) which cannot be replanted on the subject site.

9.

Trees for which no tree report has been required in compliance with Section 9-38.040(E) (Director may waive report or survey), above shall not be subject to appraisal or replacement by value.

H.

Exemption from tree relocation or replacement.

1.

In no case shall an applicant for a Tree Removal Permit be required to replace or otherwise pay for the value of any tree which the City has requested the applicant to remove because:

a.

Of the hazardous condition or location of the tree;

b.

So a public street may be constructed along an alignment determined or approved by the City Engineer; or

c.

An adequate line-of-sight distance may be achieved in order to ensure public safety.

2.

Trees for which no tree report has been required in compliance with Section 9-38.040(E) (Director may waive report or survey), above, shall not be subject to relocation or replacement.

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

9-38.080 - Standards for Granting or Disapproving Tree Removal Permits

A.

Mandatory criteria. The determination by the Director to issue a Tree Removal Permit, shall be based upon the following criteria:

1.

The condition of the tree with respect to disease, danger of collapse of all or any portion of the tree, proximity to an existing structure, or interference with utility services, or, in the case of a mature native oak tree, interference with an addition to an existing single-family detached dwelling;

2.

The necessity to remove a protected tree in order to construct improvements which allow economic enjoyment of the property;

3.

The number of protected trees existing in the neighborhood;

4.

Good forestry practices (e.g., the number of healthy mature trees that a given parcel of land would support);

5.

Whether or not removal of the tree is necessary to construct required improvements within the public street right-of-way or within a flood control or utility right-of-way;

6.

The suitability of the tree species for use in an urban area; and

7.

The tree has outgrown the space in which it was planted and is damaging surrounding pavement or structures.

B.

Notification of pending permit.

1.

Notification in writing shall be made to the Council, Commission, and City Manager of the pending issuance of a Tree Removal Permit.

Notification shall include the criteria to be used in granting the permit based on the criteria identified in Subsection A (Mandatory criteria), immediately above.

C.

Action after seven days. Upon expiration of a minimum of seven days after notification, the permit shall be issued or disapproved.

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

The following activities are exempt from the provisions of this Chapter:

A.

Emergency situation. Cases of emergency where the Director, the Director of Public Works, or any member of a law enforcement agency or the Ventura County Fire Protection District, in the performance of their duties, determines that a tree poses an imminent threat to the public safety, or general welfare. If conditions and circumstances permit, the public official shall consult with the Director before ordering the removal of any mature tree.

B.

Traffic Engineer. Removal or relocation of trees necessary to obtain adequate line-of-sight distances as required by the City Traffic Engineer.

C.

Public right-of-way. Removal of trees from within the public right-of-way, as authorized by the Director of Public Works.

D.

Public utility damage. Actions taken for the protection of existing electrical power or communication lines or other property of a public utility.

E.

Nursery. Trees planted, grown, or held for sale by a tree/plant nursery.

F.

Park District. Removal of trees on property owned by the Rancho Simi Recreation and Park District, as authorized by the District.

G.

Ventura County Property Administration. Removal of trees on property owned by the Ventura County Property Administration, as authorized by that agency.

H.

Pruning and trimming. Pruning or trimming which does not endanger the life of the tree.

I.

Single-family dwelling. Trees within the private yards of single-family dwellings, with the exception of mature native oak trees and historic trees, are not protected trees.

J.

Values of less than $1,000.00. When tree removals do not include oak trees and the City's Landscape Architect has determined that the total value is less than $1,000.00, a Tree Report and Tree Removal Permit shall not be required. The Director shall require the tree's value be replaced on the site.

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

A.

Proper restitution. In addition to the penalties identified in Chapter 9-78 (Enforcement), any person who violates the provisions of this Chapter is responsible for proper restitution and shall be required by the Director to plant on the subject property, or donate to the City, trees which have a value of twice that of the removed tree(s).

B.

Determination by Director. The number, size, and location of the trees shall be determined by the Director.

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

Decisions of the Director may be appealed to the Commission and decisions of the Commission may be appealed to the Council in compliance with Chapter 9-76 (Appeals).

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

Chapter 9-39 - Transportation Demand Management

9-39.010 - Purpose of Chapter

A.

The Ventura County Transportation Commission (VCTC) is responsible for the preparation of the Congestion Management Program (CMP) for Ventura County. Among the state-mandated elements of the CMP is a Trip Reduction and Travel Demand Management Element that promotes alternative transportation methods (e.g., carpools, vanpools, public transit, bicycles, walking, park-and-ride lots, improvement in the balance between jobs and housing), and other strategies, including flexible work hours, telecommuting,

and parking management programs. The VCTC must also determine annually whether the County and the cities within the County are conforming to the CMP, including the requirement to adopt and implement a TDM ordinance to improve both congestion and air quality.

B.

This Chapter is intended to promote trip reduction and travel demand measures in the City of Simi Valley and meet the TDM facilities ordinance adoption requirement as identified in the Ventura County CMP.

C.

The requirements of the Ventura County Air Pollution Control District (APCD) Rule 210 are separate from this Chapter, and are administered by APCD.

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

Before approval of any development project, the project shall be evaluated for compliance with the trip reduction and travel demand measures identified in this Section.

A.

Applicability of requirements.

1.

This Chapter shall not apply to any of the following. Development projects for which any of the following steps has taken place before the effective date of this Chapter:

a.

A development application has been deemed "complete" by the City in compliance with State law (Government Code Section 65943);

b.

A Notice of Preparation for a Draft Environmental Impact Report has been circulated; or

c.

An application for a Building Permit has been received.

2.

This Chapter shall not apply to:

a.

The leasing of space in an existing approved structure; or

b.

Approved tenant improvements.

3.

Any development which does not meet or exceed the applicable employee number threshold identified in Subsection 9-39.020(B)(1), (2), or (3), below on the date the development commences its commercial or public operations shall be exempt from the applicable requirements of this Chapter, recognizing the fact that at some subsequent date, the number of employees in the development may exceed the thresholds.

4.

All facilities and improvements constructed or otherwise required shall be continually maintained in a state of good repair.

B.

Nonresidential development standards.

1.

Containing 50 or more employees. Nonresidential developments containing 50 or more full-time employees shall provide all of the following:

a.

Compliance with the requirements of Subsection 9-34.070(D) (Bicycle parking facilities) shall constitute compliance with this provision.

b.

A bulletin board, display case, or kiosk displaying transportation information shall be located where the greatest number of employees are likely to see it. Information to be displayed shall include the following:

(1)

Current maps, routes, and schedules for public transit routes serving the site;

(2)

Ridesharing promotional material supplied by commuter-oriented organizations;

(3)

Telephone numbers for referrals on transportation information, including numbers for the regional ridesharing agency (Commuter Computer) and the local bus service provider (Simi Valley Transit and DialA-Ride);

(4)

Bicycle route and facility information, including regional and/or local bicycle maps and bicycle safety information; and

(5)

A listing of facilities and services available for bicyclists, carpoolers, transit riders, vanpoolers, and pedestrians at the site.

2.

Containing 100 or more employees. Nonresidential developments containing 100 or more full-time employees shall comply with Subsection (B)(1), immediately above and shall also provide the following:

a.

Preferential parking. A portion of the total number of required parking spaces shall be reserved for use by potential carpool or vanpool vehicles and shall be located as close as is practical to the employee entrance(s) without displacing accessible parking for the disabled and customer parking needs.

b.

This preferential carpool/vanpool parking shall be identified on the site plan upon application for a Building Permit.

c.

A statement that preferential carpool/vanpool spaces for employees are available and a description of the procedure for reserving these spaces shall be displayed at the required transportation information center.

(1)

Carpool/vanpool parking spaces shall be adequately signed and striped and shall be supplied as employee demand warrants; provided, at least one space for projects of 50,000 to 100,000 square feet and two spaces for projects over 100,000 square feet shall be signed and striped for carpool and vanpool vehicles at all times; and

(2)

Preferential parking spaces reserved for vanpools shall be accessible to vanpool vehicles.

3.

Containing 150 or more employees. Nonresidential developments containing 150 or more full-time employees shall comply with Subsections (B)(1) and (B)(2), above, and shall also provide the following:

a.

If determined necessary by the City to mitigate development impacts, bus stop improvements (e.g., benches, shelters, and turnouts) shall be provided.

b.

The location of the bus stops and structure entrances shall be planned and designed to provide safe and efficient pedestrian access.

c.

Initial determinations of bus stop improvements shall be made by the City's Transit Administrator as identified in Section 9-50.060(C) (Development Advisory Committee Meeting).

C.

Residential development standards. Residential developments of 500 dwelling units or more shall ensure that the development's design incorporates uses that would reduce home-based vehicle trips and vehicle miles traveled, provided:

1.

The provision of these uses complies with Chapter 9-08 (Residential and Open Space Zoning Districts); and

2.

The provision of these uses within the development would not result in a duplication of any uses which may already be planned or in existence within a one-quarter mile radius of the perimeter of the development.

D.

Pedestrian and bicycle access. All projects to which any of the foregoing provisions of this Chapter apply shall also be subject to demonstrating safe and convenient access and circulation for pedestrians and bicyclists as determined by a review of the project by the Commission and/or the Council.

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

All development to which any of the provisions of this Chapter are applicable shall be subject to the following measures for the monitoring of compliance with this Chapter:

A.

Nonresidential development.

1.

Compliance with all applicable provisions of this Chapter shall be demonstrated through the submittal of appropriate site plans before project approval;

2.

Compliance with all applicable provisions of this Chapter shall be demonstrated through the submittal of appropriate construction plans before the issuance of a Building Permit; and

Compliance with all applicable provisions of this Chapter shall be demonstrated through construction of the development in compliance with approved plans before the issuance of a Certificate of Occupancy.

B.

Residential development.

1.

Compliance with all applicable provisions of this Chapter shall be demonstrated through the submittal of appropriate site plans before project approval;

2.

Compliance with all applicable provisions of this Chapter shall be demonstrated through the submittal of appropriate construction plans before the issuance of a Building Permit; and

3.

Compliance with all applicable provisions of this Chapter shall be demonstrated through construction of the development in compliance with approved plans before the final inspection.

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

All enforcement procedures and applicable penalties shall be in compliance with the provisions of Chapter 9-78 (Enforcement).

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

Article 4 - Standards for Specific Land Uses Chapter 9-40 - Oil and Gas Drilling and Production

This Section establishes reasonable and uniform limitations, safeguards and controls for oil and gas exploration and production facilities and operations within the City that will allow for the reasonable use of an important resource. These regulations also ensure that oil and gas exploration and production facilities and operations will not be detrimental to the health, safety, comfort, convenience, and general welfare of the neighborhood, and will not be incompatible with the surrounding area.

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

A.

General requirement. All petroleum exploration and development within the City, and each permit for petroleum exploration and development issued by the City shall comply with all applicable requirements of

this Chapter.

B.

Application of sensitive use related standards. The requirements of this Chapter, and conditions of approval that are based on distances from occupied sensitive uses (as defined in Section 9-40.070(A) (Noise Mitigation), shall only apply to occupied sensitive uses that were in existence at the time the permit for the subject oil operations was approved.

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

The definitions of the petroleum-related terms used in this Chapter shall be those used by the California State Division of Oil and Gas, unless a specific term is otherwise defined in Article 8, or unless the context clearly indicates otherwise.

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

A.

Conditional Use Permit required. Conditional Use Permit approval shall be required prior to the commencement of each oil or gas related use. The Conditional Use Permit may impose conditions of approval, including design requirements to: protect persons or property in the neighborhood; preserve the quality of the area; preserve or enhance the public health, safety and welfare, or otherwise implement the purposes of this Chapter.

B.

Zoning Clearance required. A Zoning Clearance shall be obtained by the permittee prior to drilling each approved well or commencing site preparation for each well. A single Zoning Clearance may be issued for more than one well/drill site, where the Director determines that compliance with the requirements of this Chapter and any Conditional Use Permit conditions of approval can be as effectively verified as with multiple Zoning Clearances.

C.

Other requirements may apply. The granting of a Conditional Use Permit by the City shall not relieve the operator of the responsibility of securing and complying with any other permit that may be required by other City ordinances, or State or Federal laws.

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

The following general guidelines shall be used in the development of conditions to help ensure that an oil development project generates minimal negative impacts on the environment. Each guideline shall be applied whenever physically and economically feasible and practicable, unless the strict application of a

particular guideline would otherwise defeat the intent of other guidelines. An applicant should use the guidelines in the design of the project and anticipate their use as permit conditions, unless the applicant can demonstrate that they are not feasible or practicable.

A.

Permit areas and drill sites should generally coincide and should only be as large as necessary to accommodate typical drilling and production equipment.

B.

The number of drill sites in an area should be minimized by using centralized drill sites, directional drilling and other techniques.

C.

Drill sites and production facilities should be located so that they are not readily seen.

D.

Permittees and operators should share facilities such as, but not limited to, permit areas, drill sites, access roads, storage, production, and processing facilities and pipelines.

E.

Pipelines should be used to transport petroleum products off-site to promote traffic safety and air quality.

F.

Cuts or fills associated with access roads and drill sites within the limits of the City's Hillside Performance Standards, should be kept to a minimum to avoid erosion and visual impacts. They should be located in inconspicuous areas, and generally not exceed 10 vertical feet. Cuts or fills shall be restored to their original grade once the use has been discontinued for more than 60 continuous calendar days.

G.

Gas from wells shall be piped to centralized collection and processing facilities, rather than being flared, to preserve energy resources and air quality and reduce fire hazards and light sources.

H.

Each well shall be located a minimum of 800 feet from occupied sensitive uses. Private access roads to drill sites shall be located a minimum of 500 feet from occupied sensitive uses. [Sensitive uses are defined in Section 9-40.070(A) (Noise Mitigation).]

I.

Oversized vehicles shall be preceded by lead vehicles, where necessary for traffic safety.

J.

Lighting shall be kept to a minimum to approximate normal nighttime light levels as approved by the Director.

K.

In general, projects shall be located, designed and operated so as to minimize their adverse impact on the physical and social environment. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts, and other factors of nuisance and annoyance shall be reduced to a minimum or eliminated through the best accepted practices incident to the exploration and production of oil and gas.

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

The following minimum standards and requirements shall apply to all petroleum operations, provided that more restrictive requirements may be imposed on a project through the conditions of permit approval.

A.

Setback requirements. No well shall be drilled and no equipment or facilities shall be permanently located within:

1.

100 feet of any dedicated public street, highway or nearest rail of an active railway, unless the new well is located on an existing drill site and the new well would not present a safety or right-of-way problem. If the review authority determines that aesthetics is a problem, the permit shall be conditioned to mitigate the problem.

2.

800 feet of any building or dwelling not necessary to the operation of the well. In no case shall the well be located less than 100 feet from each structure.

3.

800 feet of any institution, school or other building used as a place of public assembly. In no case shall any well be located less than 300 feet from each structure.

4.

300 feet from the edge of the existing banks of any channel as established by the Ventura County Watershed Protection District (VCWPD) and 100 feet from the existing banks of all other channels appearing on the most current United States Geologic Survey (USGS) 2,000′ scale topographic map as a blue line. These setbacks shall prevail unless the permittee can demonstrate to the satisfaction of the Public Works Department that the subject use can be safely located nearer the stream or channel in question without posing an undue risk of water pollution, damage to wildlife and habitat, and impairment of flood control interests. In no case shall setbacks from streams or channels be less than 50 feet. All drill

sites located within the 100-year flood plain shall be protected from flooding in compliance with Ventura County Watershed Protection District requirements.

5.

The applicable setbacks for accessory structures for the zone in which the use is located.

6.

100 feet from any spring appearing on the most current USGS 2,000' scale topographic map.

B.

Obstruction of drainage courses. Drill sites and access roads shall not obstruct natural drainage courses. Diverting or channeling such drainage courses may be permitted only with the authorization of the Public Works Department or the Ventura County Watershed Protection District.

C.

Containment of contaminants. Oil, produced water, drilling fluids, cuttings, and other contaminants associated with the drilling, production, storage and transport of oil shall be contained on the site unless properly transported off-site or injected into a well. The permittee shall furnish the Director with a plan for controlling oil spillage and preventing saline or other polluting or contaminating substances from reaching surface or subsurface waters. The plan shall be consistent with the requirements of the City, County, State and Federal Governments.

D.

Dust prevention. The drill site and all roads or hauling routes located between the public right-of-way and the subject site shall be improved or otherwise treated as required by the City and maintained as necessary to prevent the emanation of dust.

E.

Light emanation. Light emanation shall be controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses.

F.

Painting. Each permanent facility, structure, and aboveground pipeline on the site shall be colored to mask it from the surrounding environment and uses in the area. The selected colors shall also take into account factors including heat buildup and the designation of dangerous areas. The colors shall be approved by the Director prior to the painting of facilities.

G.

Site maintenance. The permit area shall be maintained in a neat and orderly manner so as not to create any hazardous or unsightly conditions such as debris; pools of oil, water, or other liquids; weeds; brush; and trash. Equipment and materials that are appurtenant to the operation and maintenance of the oil well on the

site may be stored on the site. If the well has been suspended, idled or shut-in for 30 days, as determined by the City, all such equipment and materials shall be removed within 90 days.

H.

Removal of equipment. All equipment used for drilling, redrilling, and maintenance work on approved wells shall be removed from the site within 30 calendar days of the completion of such work unless a time extension is approved by the Director.

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

Each drilling operation and well site shall comply with the following standards for noise mitigation.

A.

Maximum noise levels. Unless exempted by this Subsection, drilling, production, and maintenance operations associated with an approved oil permit shall not produce noise, measured at a point anywhere on a lot containing occupied sensitive uses such as residences, schools, health care facilities, or places of public assembly, that exceeds the standards in Table 4-1, or any other more restrictive standard that may be established as a condition of a specific permit.

1.

Noise from the site shall be considered in excess of the standard when the average sound level, measured over one hour, is greater than the standard that follows. The determination of whether a violation has occurred shall be made in compliance with the provisions of the permit in question.

2.

Nomenclature and noise level descriptor definitions are in compliance with ANSI Sec. 3.33-1980, "Second Level Descriptors for Determination of Compatible Land Use." Measurement procedures shall comply with the adopted "Noise Measurement Guidelines and Procedures."

TABLE 4-1 - MAXIMUM NOISE LEVELS

Notes:

(1) For purposes of this Section, a well is in the "producing phase" when hydrocarbons are being extracted or when the well is idled and not undergoing maintenance. It is presumed that a well is in the "drilling and

maintenance phase" when not in the "producing phase."

B.

Exceptions from noise standards. The noise standards in Table 4-1 shall not be exceeded unless the ambient noise levels exceed the applicable noise standards. In such cases, the maximum allowable noise levels shall not exceed the ambient noise levels.

C.

Compliance with noise standards. When a permittee has been notified by the Department of Environmental Services that the operation is in violation of the applicable noise standard, the permittee shall correct the problem as soon as possible in coordination with the Department of Environmental Services. In the interim, operations may continue as stated below; however, the operator shall attempt to minimize the total noise generated at the site by limiting, whenever possible, activities including the following:

1.

Hammering on pipe;

2.

Racking or making-up of pipe;

3.

Acceleration and deceleration of engines or motors;

4.

Drilling assembly rotational speeds that cause more noise than necessary and could reasonably be reduced by use of a slower rotational speed;

5.

Picking up or laying down drill pipe, casing, tubing or rods into or out of the drill hole.

If the noise problem has not been corrected by 7:00 p.m. of the following day, the offending operations, except for those deemed necessary for safety reasons, shall be suspended by the Deputy Director/City Planner until the problem is corrected.

D.

Preventive noise insulation. If drilling, redrilling, or maintenance operations, including as pulling pipe or pumps, are located within 1,600 feet of an occupied sensitive use, the work platform, engine base and draw works, crown block, power source, pipe rack and other probable noise sources associated with a drilling or maintenance operation shall be enclosed with soundproofing sufficient to ensure that expected noise levels do not exceed the noise limits applicable to the permit. Such soundproofing shall be installed prior to the commencement of drilling or maintenance activities. These requirements may be waived if the Director is satisfied that the applicable noise standard can be met.

E.

Hours of well maintenance. All nonemergency maintenance of a well, such as the pulling of pipe and replacement of pumps, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. of the same day if the well site is located within 3,000 feet of an occupied residence. This requirement may be waived if the Director is satisfied that the applicable noise standard can be met.

F.

Limited drilling hours. All drilling activities shall be limited to the hours of 7:00 a.m. through 7:00 p.m. of the same day when they occur less than 800 feet from an occupied sensitive use. Nighttime drilling shall be permitted if it can be demonstrated to the satisfaction of the Director that the applicable noise standard can be met.

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

A.

Securities. Prior to the commencement or continuance of drilling or other uses on an existing permit, the permittee shall file, in a form acceptable to the City Attorney and certified by the City Clerk, a bond or other security in the amount of not less than $10,000.00 for each well that is drilled or to be drilled. Any operator may, in lieu of filing this security for each well drilled, redrilled, produced or maintained, file a security in the amount of not less than $10,000.00 to cover all operations conducted in the City, conditioned upon the permittee well and truly obeying, fulfilling and performing each and every term and provision in the permit. In case of any failure by the permittee to perform or comply with any term or provision in the permit, the Commission may, after notice to the permittee and a public hearing, by resolution, determine the amount of the penalty and declare all or part of the security forfeited in compliance with its provisions. The sureties and principal will be jointly and severally obligated to pay forthwith the full amount of the forfeiture to the City. The forfeiture of any security shall not insulate the permittee from liability in excess of the sum of the security for damages or injury, or expense or liability suffered by the City from any breach by permittee of any term or condition of said permit or of any applicable ordinance or of this security. No security shall be exonerated until after all the applicable conditions of the permit have been met.

B.

Insurance. For the life of the permit, the permittee shall maintain liability insurance of not less than Five Hundred Thousand and No/100ths ($500,000.00) Dollars for one person and One Million and No/100ths ($1,000,000.00) Dollars for all persons and Two Million and No/100ths ($2,000,000.00) Dollars for property damage.

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

The permittee shall immediately notify the Director and Fire Department and all other applicable agencies in the event of fires, spills, or hazardous conditions not incidental to the normal operations at the permit site.

Upon request of the City, the permittee shall provide a written report of any incident within seven calendar days, which shall include a description of the facts of the incident, the corrective measures used and the steps taken to prevent recurrence of the incident.

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

Within 60 days of revocation, expiration or surrender of any permit, or abandonment of the use, the permittee shall restore and revegetate the site to as nearly its original condition as is practicable, unless otherwise requested by the landowner.

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

Chapter 9-44 - Standards for Specific Land Uses[[4]]

Footnotes:

--- ( 4 ) ---

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

This Chapter provides site planning; development, and/or operating standards for certain land uses that are allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) within individual or multiple zoning districts, and for activities that require special standards to mitigate their potential adverse impacts.

(Amended during 3-07 supplement)

The land uses and activities covered by this Chapter shall comply with the provisions of each Section applicable to the specific use, in addition to all other applicable provisions of this Development Code.

A.

Where allowed. The land uses and activities that are subject to the standards in this Chapter shall be located in compliance with Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

B.

Land use permit requirements. The uses that are subject to the standards in this Chapter shall be authorized by the land use permit required by Article 2, except where a land use permit requirement is established by this Chapter for a specific use.

C.

Development standards. The standards for specific uses in this Chapter supplement and are required in addition to those in Articles 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) and 3 (Development and Operational Standards). In the event of any conflict between the requirements of this Chapter and those of Article 2 or 3, the requirements of this Chapter shall control.

(Amended during 3-07 supplement)

In the CO Zone, accessory barber shops, beauty shops, coffee shops, and newsstands may be located in an office building provided there are no entrances directly from the street to such businesses, that there are no signs or other evidence indicating the existence of such businesses visible from the outside of any such office building, and, provided the building is of sufficient size that the patronage of such businesses may be expected to be furnished substantially or wholly by tenants of the office building.

(Amended during 3-07 supplement)

A.

Purpose. This Section provides development standards for locations having amplified music and/or dancing on the premises on a permanent basis, that are located adjacent to sensitive land uses.

B.

General standards for amplified music/dancing in all applicable zoning districts. Establishments requesting amplified music and/or dancing on a permanent basis, as defined in Article 8 (Glossary), shall be required to obtain a Conditional Use Permit (CUP) in compliance with Section 9-52.070 (Conditional Use Permits), if the following requirements are met:

1.

The amplified music/dancing site is located within 250 feet of any church, hospital, school, or public park; and

2.

The amplified music/dancing site is located within 250 feet of any residential zone.

Distances shall be measured from the nearest property line of the above uses of zones to the nearest exterior building or wall of the proposed amplified music/dancing site. After a project application has been deemed complete, the project will not be subjected to any further application of the distance requirements. Any conflicting use, such as a church, hospital, or school, which commences after the CUP application is "deemed complete" date, does not affect the amplified music/dancing establishment.

C.

Exemptions. These standards shall not apply to uses requesting amplified music/dancing on a temporary basis. Occasional dances at churches, schools, and community center are exempt from the requirement for

a CUP, but must comply with requirements for Dance Permits, SVMC Section 5-7.02.

(Amended during 3-07 supplement)

This Section provides standards for the design, construction, and maintenance of specialized animal facilities. See also Section 9-44.060 (Animal Keeping).

A.

Animal hospitals. An animal hospital shall be completely enclosed within a soundproofed building.

B.

Equestrian facilities. Commercial equestrian stables and arenas shall comply with the following standards.

1.

Minimum lot area. No commercial equestrian riding/rental stable, boarding stable or show arena shall be allowed on a site of less than three acres.

2.

Access. Each commercial rental/riding or commercial boarding stable or combination thereof including either of the two, shall have direct access to the City's equestrian trail system. A commercial show arena, when not in combination with either a riding/rental stable or boarding stable, shall not be subject to this requirement.

C.

Wildlife Rehabilitation Facilities. Wildlife Rehabilitation Facilities (Wildlife Facilities) are facilities, whose purpose is the care and release back into the natural environment, of injured and orphaned wild animals. Wildlife Facilities shall comply with the following standards.

1.

Wildlife Facilities must be located on Residential properties in the Limited Farm Animal-overlay zone, have a minimum of 20,000 square feet, and have a City-issued Conditional Use Permit.

2.

Wildlife Facilities must have all applicable County, State and Federal permits prior to issuance of a Conditional Use Permit.

3.

The animals that may be treated must be indigenous to the State of California, including game birds, protected nongame birds, resident small game mammals, nongame mammals, furbearing mammals, reptiles and amphibians. The following animals are prohibited at the Wildlife Facility: mountain lions, elk, adult deer (e.g., deer that have lost their fawn spots), wild pigs, antelope, bighorn sheep, bear, big game

mammals as defined in California Code of Regulations section 350 of Title 14, or animals that are exotic to the State of California (ferrets, Burmese pythons, African lions, and other animals as defined in California Code of Regulations section 671 of Title 14, and the California Dept. of Fish and Wildlife publication "Manual No. 671 (2/25/92) Importation, Transportation And Possession Of Restricted Species" or subsequent updates).

4.

The maximum number of animals on-site at any one time, must be identified in the Conditional Use Permit.

5.

Except as allowed under paragraph 6 below, once treatment is completed, animals must be either released into the wild, transferred to a permitted facility, or humanely euthanized. Animals may not be released to the surrounding area unless they originated in this area.

6.

Resident wild animals may be kept on site as part of the maximum number of animals on-site at any one time, only if they cannot survive upon release back into the wild and are either related to facility operations or are used for off-site, educational presentations. The applicant must have the applicable County, State and Federal permits.

7.

Wildlife Facilities must be an accessory use to the primary residential use, and the permittee of the City's Conditional Use Permit must be the owner-occupant of the property.

8.

Only Wildlife Facility employees and/or volunteers (maximum of two on-site at one time) are allowed at the Wildlife Facility site. No programs or events related to the Facility may be held on-site.

9.

Wildlife Facilities must provide the following setbacks:

a.

All structures used to house wildlife, must be located behind the residence on the parcel and must maintain side and rear setbacks in compliance with the adopted Simi Valley Municipal Code, unless the site abuts a nonoverlay zoned property.

b.

Setbacks for the wildlife enclosures abutting nonoverlay zoned property must be a minimum of 20 feet when a Limited Farm Animal Overlay zoned property abuts nonoverlay zoned property.

c.

All wildlife enclosures, except for aviaries, including pens, uncovered stables, and similar wildlife containment structures that are not fully enclosed with solid walls, shall provide a minimum distance of 50 feet from any legally existing off-site structure used for human occupancy or habitation, other than the residence of the owner or keeper of the animals.

(Amended during 3-07 supplement as amended by § 1 (Exh. A), Ord. No. 1229, eff. November 13, 2015)

A.

Purpose. This Section establishes standards and conditions for the keeping of all animals in the City while protecting the health, safety and welfare of its residents.

B.

Applicability. The standards in this Section shall apply equally to residential properties within or outside of the (A), (L), and (H) overlay zones, with the exception of the density standards, except as noted in specific standards.

C.

General requirements.

1.

Enclosure. All animals shall be properly caged or housed, and must be kept in their corrals, barns, pens or other enclosure. All corrals, pens, coops, lofts, exercise areas, or similar structures shall be fenced or otherwise enclosed to adequately confine the animals.

2.

Maintenance. All buildings housing farm animals, all animal enclosures, and all pasture areas shall be maintained free from litter, garbage and the accumulation of manure. Premises shall be maintained in a neat and sanitary manner. If farm animals are not maintained in compliance with these standards, or are otherwise allowed to become a nuisance, the City shall initiate enforcement proceedings in compliance with Chapter 9-78 (Enforcement).

3.

Compost bins. Property owners electing to permanently place a compost bin enclosure in the front yard area shall adhere to the standards listed in Section 9-24.060(A)(6).

4.

Animal disturbance. No person shall keep or permit to remain on any premises within the City any animal that habitually disturbs the peace and quiet of two or more residents (in two different dwelling units) in a neighborhood, by howling, barking, crying, baying or making any other noise. Included, but not limited are such animals as roosters, peacocks and geese. Except for barking dogs, this requirement shall not apply in the (A), (L), and (H) overlay zones.

D.

Standards for animals other than farm animals.

1.

Beekeeping. Beehives and beekeeping practices shall be permitted in the RMod, RM, RL, RVL, RE, and OS Zones as follows:

a.

A Zoning Clearance within the A (Farm Animal), L (Limited Farm Animal), and H (Horse) overlay zoning districts on lots up to three acres is not required.

b.

A Zoning Clearance is required for residential properties 10,000 square feet to three acres that are in the residential zones listed above and are not in the animal overlay zoning districts.

c.

For lots that are three acres or greater within or outside the animal overlay zoning districts, a Zoning Clearance is not required.

d.

Beekeeping activities must comply with SVMC Section 9-44.060.D.1. Docile honey bees, such as Apis Mellifera species (European honey bees) are permitted, and Apis Mellifera Scutellata (African honey bees) species are prohibited.

All beekeeping activities outlined in SVMC Section 9-44.060.D.1. a through d listed above are subject to the following standards:

a.

A bee hive shall consist of one queen bee and her colony. No more than 2 hives are allowed per property, unless otherwise permitted with the approval of an Administrative CUP.

b.

The entrance of the hives shall be directed away from the nearest property line if the hive entrance is closer than twenty (20) lineal feet of a property line.

c.

Hives shall not be placed within the front yard area (the area between the wall of the principal or main building which face the front property line and the front lot line, extending between the side lot lines) and seven (7) lineal feet of a side or rear property line. Hives shall not be placed within 20 lineal feet of any public street, sidewalk, public park, or other public thoroughfare.

d.

Hives shall be screened by a minimum 6-foot high solid fence or shrubbery. If shrubbery is used to screen the hives, the shrubs or bushes must consist of small to medium-sized evergreen perennial woody plants. The shrubs should be spaced to provide 100 percent of coverage within three (3) years after planting.

e.

A water source with adequate supply of water must be provided for the bees at all times on the property where the bees are kept to discourage bee visitation at water sources on adjacent or surrounding properties.

f.

Each colony shall be maintained in movable-frame hives.

g.

Hives shall be re-queened (replacement of the queen bee in the colony with a younger and more productive queen) at least once every two years to prevent swarming. All queens are recommended to be marked on the thorax with the color corresponding to the queen's first year of production to quickly locate the queen and her age, and to determine whether the colony has gone through a re-queening process. Documentation shall be submitted to the City to show proof of the re-queened bee.

h.

Adequate space shall be maintained in the hive to prevent over-crowding and swarming or aggressive behavior. For purposes of this ordinance, "aggressive bee behavior" shall be defined as more than one bee repeatedly attacking, but not necessarily stinging, any person or domestic animal at a distance of fifteen (15) feet or more from the front of the hive entrance, or a distance of five (5) feet or more from the side or rear of the hive.

i.

Each colony shall be registered with the Ventura County Agricultural Commissioner and kept in compliance with all State regulations governing bee management and honey production as provided in Division 13 of the California Food and Agriculture Code, Section 29000, et seq. Those regulations are enforced by the County Agricultural Commissioner.

j.

The beekeeping activities may only be granted to an occupying resident of the home and is not transferable to a new owner or tenant.

k.

Bee hives must be a minimum of 50 feet from the property line of a legally existing, off-site structure used for human occupancy or habitation, other than the residence of the property owner.

l.

Prior to issuance of a Zoning Clearance for allowing beekeeping on lots within the animal overlay zoning district, or on lots of 10,000 square feet in size or greater, outside the animal overlay zoning district, the Environmental Services Department shall give notice of the proposed use by mailing a written notice to the applicant, the owners of the property involved, and the owners of the property situated in whole or in part within a radius of 100 feet of the boundaries of the assessor's parcel(s), as follows:

Notice and hearing. The notice and hearing procedures for the Zoning Clearance shall be as follows: The Environmental Services Department shall give notice of the proposed use by mailing a written notice, postage prepaid, describing the use, not less than 10 calendar days prior to the date of the decision to the applicant, the owners of the property involved, and to the owners of the property situated in whole or in part within a radius of 100 feet of the boundaries of the assessor's parcel(s) on which the proposed use is to be located. Names and addresses shall be obtained by the applicant from the latest equalized

assessment roll. No hearing on the application for a permit issued pursuant to this paragraph shall be held before a decision is made unless a hearing is requested by the applicant or other affected persons. If a hearing is requested, the Zoning Administrator will follow the guidelines of noticing and hearing procedures in Chapter 9-74 (Public Hearings).

m.

All Zoning Clearance approvals for beekeeping shall be subject to review by the Director within one year after their initial approval as a result of a complaint by any person affected by the beekeeping activities.

n.

In the event of an alleged violation of an approved Zoning Clearance for beekeeping, the permittee shall, at the request of the Director, or their designee, submit proof of compliance for City review in the form of either (a) date stamped and authenticated photographs or videotape which demonstrates that no violation exists, or (b) an invitation by the permittee to the Director to visit the site of the alleged violation. The sufficiency of the evidence shall be evaluated on the basis of the clear and convincing evidence standard. If the Director determines that the access allowed or the evidence presented is not sufficient to verify compliance with the Beekeeping Permit, the permit shall be subject to revocation. Revocation of a Beekeeping Permit by the Director can be appealed to the Planning Commission pursuant to the provisions of this Code.

o.

Zoning Clearances that are issued pursuant to this Section may be revoked by the Reviewing Authority, following a public hearing upon such revocation, for any violation of the standards set forth in this Section or of the permit conditions.

2.

Dogs, cats, and Vietnamese pot bellied pigs.

a.

Domestic cats, dogs and Vietnamese pot bellied pigs may be kept as an accessory use, upon lots used primarily for residential or agricultural uses, for recreational purposes (and as protection) as provided in

Subsection (D)(2)(b). They are permitted to be kept as an accessory use upon any lot developed with an office, business or other commercial or industrial use for the primary purpose of protecting the premises from varmints and trespassers.

b.

Within the OS, RE, RVL, RL, RM, RMod, RH, RVH and MH zones, four dogs, four cats, or four Vietnamese pot bellied pigs or any combination of four of these animals may be kept on each residential unit.

c.

Within the Mixed-Use Overlay District (for residential uses), four dogs, four cats, or four Vietnamese pot bellied pigs or any combination of four of these animals may be kept for each residential unit.

3.

Breeding of dogs and cats in Residential Zones.

a.

Cat breeding activities for no more than four adult cats (cats over four months in age), with a limit of two litters born per household per calendar year, is allowed in all residential zones. A Home Occupation Permit is required for the sale of the cats.

b.

Dog breeding activities for no more than four adult dogs (dogs over four months in age), with a limit of two litters born per household per calendar year, are allowed in the Animal (A) Overlay Zone, Limited Farm Animal (L) Overlay Zone and Horse (H) Overlay Zone on lots of 20,000 square feet or more in size (exclusive of any homeowner's association landscape easements), that have a detached single-family dwelling. A Home Occupation Permit is required for the sale of the dogs.

c.

Cat breeding involving five or more cats is allowed on properties, which have a detached single-family dwelling, with a Conditional Use Permit subject to the following conditions:

(1)

The maximum number of cats is limited to 12 adult cats (cats over four months in age) and two litters born per household per calendar year, subject to compliance with the Ventura County Animal Regulation Department specifications for animal health and safety.

(2)

A current kennel license issued by the Ventura County Animal Regulation Department is required.

(3)

An annual inspection of the property must be conducted by the Ventura County Animal Regulation Department and a copy of the inspection report be provided to the City annually.

(4)

Obtain a Home Occupation Permit issued by the City for the sale of the cats.

(5)

Cats are to be housed only in the principal dwelling at all times unless under the full control of the owner.

(6)

The offspring born of such cats, or other cats under four months of age, which increases the total number on the lot beyond the number permitted under the Special Use Permit, must be removed from the premises not later than four months after birth.

(7)

The property owner, upon City request, must provide a certification from a licensed Veterinarian or other form approved by the Deputy Director/City Planner that verifies the birth date or age of all the cats being kept on the property.

(8)

City must be provided full access to the property after 24 hours notice in order to inspect the premises for compliance with the Animal Special Use Permit conditions of approval.

d.

Dog breeding involving five or more dogs is allowed on residential properties with detached single-family dwellings located in an Animal (A) Overlay zone, and with a Conditional Use Permit subject to the following conditions:

(1)

A minimum of 20,000 square foot lot is required (the 20,000 square feet must be exclusive of any homeowners association landscape easements).

(2)

The maximum number of dogs is limited to 12 adult dogs (dogs over four months in age) and two litters born per household per calendar year, subject to the following criteria:

(a)

Compliance with the Ventura County Animal Regulation Department specifications for animal health and safety.

(b)

Dog enclosures and open dog exercise areas must be set back a minimum of 50 feet from all habitable structures located on adjoining properties.

(3)

A current kennel license issued by the Ventura County Animal Regulation Department is required.

(4)

An annual inspection of the property must be conducted by the Ventura County Animal Regulation Department and a copy of the inspection report be provided to the City annually.

(5)

Obtain a Home Occupation Permit issued by the City for the sale of the dogs.

(6)

The offspring born of such dogs, or other dogs under four months of age, which increases the total number on the lot beyond the number permitted under the Conditional Use Permit, must be removed from the premises not later than four months after birth.

(7)

The property owner, upon City request, must provide a certification from a licensed Veterinarian or other form approved by the Deputy Director/City Planner that verifies the birth date or age of all the dogs being kept on the property.

(8)

City to be provided full access to the property after 24 hours notice in order to inspect premises for compliance with the Conditional Use Permit conditions of approval.

4.

Other household animals.

a.

Other domestic creatures that are neither farm animals, except rabbits, exotic or wild animals (as defined in California Fish & Wildlife Code Section 2116), including domestic mice and rats, hamsters, guinea pigs, turtles, tropical fish, canaries, birds of the Psittacine family or Columbiformes family, and rabbits, may be kept upon any parcel in any zone where the principal use upon the parcel is residential, so long as animals are not maintained for commercial purposes, do not constitute a nuisance, are adequately provided with food, care and sanitary facilities, and do not exceed a total of six animals (fish being exempt), except rabbits, where a maximum of three is allowed, on any parcel either within or outside any dwelling unit.

b.

Household animals may be kept in excess of the number and distribution allowed by this Section upon the granting of a Conditional Use Permit in compliance with Subsection F (Modification of standards), below.

c.

Animals that, because of size, specialized breeding or other unique quality, cannot be clearly categorized may be allowed upon granting of a Conditional Use Permit in compliance with Subsection F (Modification of standards), below.

5.

Wild and exotic animals. No wild or exotic animal, nor any animal not normally considered a farm animal or domesticated household pet, shall be kept within any zoning district in the City, except as allowed to be kept per Section 9-44.050.C.

6.

Animals not classified. Any animal not specifically classified within this Section shall be classified by the Director as necessary, based upon a determination as to the probable negative impact of the health, safety or general welfare upon the community.

E.

Standards for farm animals.

1.

Animal Overlay Zone required. The (A), (L), or (H) Overlay Zone designations as described in this Section shall be required on a parcel in order to maintain farm animals as an allowed residential accessory use in the City, with the exception of parcels granted a Conditional Use Permit in compliance with Section 9- 52.070 (Conditional Use Permits) and Subsection F (Modification of standards), below.

a.

(A) Overlay Zone defined. The (A) Overlay Zone shall permit all farm animals to be kept on a parcel in compliance with the standards of this Section, as allowed above. Farm animals shall consist of bulls, burros, chickens, chinchillas, cows, donkeys, ducks, goats, horses, mules, peacocks, pigs, ponies, rabbits, sheep, steers, turkeys, and other non-carnivorous fur-bearing animals of a similar size.

b.

(L) Overlay Zone defined. The (L) Overlay Zone shall allow only the following limited types of farm animals for purposes of this Section: burros, Columbiformes, donkeys, ducks, goats, hens (limited to five hens per parcel), horses, llamas (limited to one llama per parcel), mules, ponies and rabbits.

c.

(H) Overlay Zone defined. The (H) Overlay Zone shall allow only burros, donkeys, horses, mules, and ponies to be kept on a parcel in compliance with the standards of this Subsection.

2.

Farm animal units. The keeping of any farm animals allowed in Subsection 1, immediately above, shall be allowed in compliance with the following table of farm animal units (Table 4-1, Maximum Allowable Farm Animal Units), and the density standards in Subsection 3, below. Ponies and miniature horses are limited to 14.2 hands (56.8 inches) or less in height.

TABLE 4-1 - MAXIMUM ALLOWABLE FARM ANIMAL UNITS

3.

Density. All farm animals shall be established at the density of one farm animal unit equivalency (FAUE) for each 10,000 square feet of net parcel area for each of the first two animal units and 7,000 square feet for each animal unit thereafter, except that parcels with less than 10,000 square feet in an Animal Overlay Zone may be used for the keeping of one animal unit on a parcel; provided, the setback standards of Subsection (D)(5), below, can be met. The farm animal density on any parcel where farm animals are allowed shall not exceed the maximum allowed by this formula unless a Conditional Use Permit is granted in compliance with Subsection F (Modification of Standards), below. Density limitations shall not apply to bovine, equine, and ovine contained on parcels or contiguous assemblages of parcels under the same ownership of 25 or more in the RE or OS zoning districts.

a.

In establishing square footage for the purpose of calculating FAUE allowed, fractional densities shall be counted.

Example: On a 13,000 square foot parcel, 1.3 FAUE farm animals units would be allowed.

b.

In calculations for allowed animals, animal categories may be combined so that the FAUE of the combined categories is equal to or less than the allowed density identified in Subsection (F)(3), above.

Example: On a 13,000 square foot parcel in the appropriate zoning district, the following combination would be allowed:

c.

On lots with a minimum of 20,000 square feet of net parcel area and located in the (L) Overlay Zone, three horses may be kept as an alternative to using the Farm Animal Unit calculations in subsection 2. If this three-horse alternative is chosen for the number of Farm Animals to be located on a lot, then no additional Farm Animals shall be allowed, unless the additional animal(s) meet the standards in SVMC Section 9- 44.060, which includes the density calculations for the lot area exceeding 20,000 square feet.

d.

Within the (L) Overlay Zone, hens are limited to five hens per parcel, and llamas are limited to one llama per parcel.

4.

Minimum parcel size. There shall be no minimum parcel size requirement for farm animal keeping on any animal overlay zoned parcel, except that the standards for density (Subsection 3, above) and setbacks (Subsection 5, below) shall apply in determining if a farm animal may be maintained on a parcel. In order to maintain farm animals on a parcel as an accessory use in a non-overlay zone, a minimum parcel size of 20,000 square feet and a Conditional Use Permit, approved in compliance with Subsection F (Modification of Standards), below, shall be required.

5.

Setbacks.

a.

All structures used to house farm animals, including livestock and poultry buildings, barns, coops, lofts, stables, and similar accessory structures, shall be located behind the residence on the parcel and shall maintain side and rear setbacks in compliance with the adopted Uniform Building Code, unless the site abuts a nonoverlay zoned property.

b.

Setbacks for the structures abutting nonoverlay zoned property shall be 20 feet when an overlay zoned property abuts nonoverlay zoned property.

c.

All other animal enclosures, including corrals, feed areas, paddocks, pens, uncovered stables, and similar enclosures, shall be maintained a minimum distance of 50 feet from any legally existing off-site structure used for human occupancy or habitation, other than the residence of the owner or keeper of the animals.

6.

Special requirements. The keeping of specific domestic animals is subject to the special requirements in this Subsection, in addition to other standards identified in this Section.

a.

Bovine. All bovines shall be maintained in a fenced area.

b.

Equine. All property on which equines are maintained shall provide a corral with a minimum area of 500 square feet for each animal.

c.

Swine. All swine (excluding Vietnamese pot bellied pigs) shall be maintained in pens.

7.

Boarding of equines. The boarding of equines is permitted in the (A), (L), and (H) Overlay Zones subject to obtaining a Home Occupation Permit in compliance with Section 9-44.090. The total number of animals kept or boarded may not exceed the number allowed by Subsection (E)(3) (Density), above. If the number to be kept or boarded exceeds the number allowed, a Conditional Use Permit shall be required in addition to the Home Occupation Permit, as follows:

a.

For commercial riding, rental or boarding stables and show arenas, where allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) and in compliance with Section 9-44.050 (Animal Facilities); and

b.

For non-commercial boarding of equines, as identified in Subsection F (Modification of Standards), below.

8.

Hen Projects.

a.

The person conducting the hen project must be: 1) attending a course related to animal husbandry in an educational classroom environment; or 2) a member of a regional or nationally recognized non-profit organization, in which the person participates in a program that is associated with the raising and caring of farm animals.

b.

A Zoning Clearance (valid for one year) will be issued to the person and property owner to allow for a maximum of six hens (roosters not permitted) in conjunction with a hen project. The Zoning Clearance can be renewed on an annual basis.

c.

The property must contain a single-family dwelling and be zoned for single-family use (OS, RE, RVL, RL, RM, and RMod Zoning Districts), with a minimum of 8,000 square feet.

d.

The hens must be kept in a coop and enclosed area with a minimum of three square feet and a maximum of six square feet per hen. The maximum height allowed for the coop is six feet.

e.

The coop and enclosure must be located in the rear yard and setback ten feet from the side and rear property line.

f.

Animal Keeping requirements per Section 9-44.060.C must be met, including maintenance standards for the chicken coop and not disturbing the neighborhood.

F.

Modification of standards.

1.

Scope of modifications allowed. The Deputy Director/City Planner may grant a Conditional Use Permit at an administrative hearing in compliance with Section 9-52.070, to allow the keeping of:

a.

Farm animals as an accessory use on parcels of 20,000 square feet or more; or

b.

Cats, dogs, other household pets, or farm animals when otherwise allowed by these regulations, in excess of the those allowed by this Section.

2.

Required findings for approval of a Conditional Use Permit. The Deputy Director/City Planner may grant a Conditional Use Permit after first finding that the subject parcel is:

a.

Reasonably proportioned and of adequate size for the purposes requested; and

b.

Situated or mitigation measures have been applied, so that the animals would not be detrimental to the health, safety or welfare of the general public, or to persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use.

3.

Minimum requirements. In granting a Conditional Use Permit to allow the keeping of farm animals as an accessory use on parcels of 20,000 square feet or more in a non-overlay zone, the following two conditions shall be applied as minimum requirements:

a.

The Conditional Use Permit remains valid as long as the site is not developed for a higher residential density or for a nonresidential use; and

b.

The Conditional Use Permit remains valid as long as the animal keeping does not cease for more than 12 months.

(Amended during 3-07 supplement as amended by § 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012; § 2 (Exh. A), Ord. No. 1202, eff. October 25, 2012; § 2 (Exh. A), Ord. No. 1216, eff. December 19, 2013; § 2 (Exh. A), Ord. No. 1217, eff. December 19, 2013; § 1 (Exh. A), Ord. No. 1229, eff. November 13, 2015; § 1 (Exh. A), Ord. No. 1233, eff. February 26, 2015 and § 2 (Exh. A), Ord. No. 1322, eff. July 8, 2021)

9-44.065 - Business Park Overlay District Standards

A.

Retail sales.

1.

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

a.

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

b.

Retail sales represent less than 20 percent of the gross receipts of the company. Receipts and/or other proof of the percentage of gross receipts shall be provided to the City upon request.

c.

No retail sales or display of merchandise occurs outside of the building(s).

2.

Conditional Use Permit required.

a.

Conditional Use Permit approval shall be required when retail sales incidental to a principally permitted use that conforms to all of 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.

b.

The Planning Commission may grant CUP approval for the retail use only if the findings contained in Section 9-52.070 (Conditional Use Permits) are met.

B.

Cargo Containers. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance. Cargo containers shall only be located within the rear two-thirds of the site and not visible from any public or private street.

C.

Outdoor Storage. Accessory outdoor storage shall be confined to the rear two-thirds of the property and screened from public and private streets by appropriate walls, fencing, earth mounds, or landscaping.

D.

Signage. Signs will be regulated according to the requirements in Section 9-37.060.B.

(§ 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012)

A.

Purpose. This Section provides development standards for the location and use of cargo containers in the residential and specified commercial and industrial zoning districts in the City.

B.

Standards for residential zoning districts. The following cargo container standards shall apply in RM, RL, RVL, RE, and OS zoning districts.

1.

Cargo containers may be allowed as permanent incidental storage to residential uses on parcels at least 20,000 square feet in area, or on parcels with an Animal, Limited Animal or Horse Overlay. Incidental storage to residential uses shall comply with the following requirements:

a.

Use. A cargo container shall be non-habitable and used only for the storage of supplies, equipment, or other materials incidental to the approved Primary Residential Unit on site.

b.

Location. Cargo containers can only be placed in yards on top of a concrete pad. In no instance, shall a cargo container be placed in any required parking spaces, driveways, easements or required yard setbacks. No cargo container shall be located closer than 10 feet from any side or rear property lines. Cargo containers shall not be allowed permanently in the front yard. Refer to Table 3-2 in Section 9-30.080.

c.

Screening. All cargo containers shall be screened with a solid six foot high perimeter wall.

d.

Colors. Cargo containers shall be painted in one (1) solid color, which is found on the primary residential unit on the site.

e.

Limitations. Only one cargo container up to 160 square feet in size will be allowed per residential lot. The top of any cargo container shall not exceed a height of nine (9) feet as measured from abutting grade. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed. Cargo container shall not be outfitted with electrical or plumbing connections.

2.

On a residentially zoned parcel with an allowed nonresidential use (e.g., church, synagogue, or other structure used for religious worship, school, or hospital), cargo containers may be allowed when incidental to the allowed nonresidential use located on the site. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:

a.

Use. A cargo container shall be used only for the storage of supplies, equipment, or other materials incidental to the approved primary land use on the site.

b.

Location. In no instance shall a cargo container be placed in any required parking space, loading zone, drive aisle, easement, or landscaped area. No cargo container may be located closer than 20 feet from side or rear property line adjacent to residentially zoned property.

c.

Screening. Cargo containers shall not be visible from any public street. All cargo containers shall be screened from adjoining residential properties with a 10-foot wide landscaped buffer, containing a combination of at least two specimen evergreen trees, spaced no more than 20 feet from each other measured from the center of each tree within the required buffer area, shrubs, and screen plantings no less than eight feet tall spaced to provide a full screen hedge within a maximum of three years.

d.

Signs. No signs shall be allowed on the cargo containers.

e.

Colors. Cargo containers shall be painted in one (1) solid color, which is found on the primary structure on the site.

f.

Limitations. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on-site or off-site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

C.

Standards for commercial zoning districts. The following cargo container standards shall apply to the CI, CO, CPD, and CR zoning districts, except as otherwise provided in these regulations.

1.

Cargo containers in the CI, CPD, and CR zoning districts. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:

a.

Allowed only in rear half of site. Cargo containers shall only be located within the rear one-half of the site.

b.

Use. A cargo container shall be used only for the storage of supplies, inventory, or equipment incidental to the approved primary nonresidential land use on the site. A cargo container shall not be used or occupied as office, sales, retail distribution, or manufacturing space, or for vehicle parking, and may not be leased for use by any off-premises person, business, organization or other entity.

c.

Location. Cargo containers may be allowed only in those zoning districts and locations which allow open storage, except as provided in Section 9-44.110 (Outdoor storage).

d.

Limitations. Cargo containers shall conform to the maximum height, minimum setback, and minimum distance between structure requirements of the zoning district in which they are located. In no instance shall a cargo container be placed in any required parking space, loading zone, drive aisle, easement or landscaped area. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on-site or off-site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

2.

Cargo containers in the CO zoning district.

a.

Cargo containers may be allowed in the CO zoning district only when incidental to the allowed use for a church, synagogue or other structure used for religious worship, school, or hospital on the site.

b.

Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:

(1)

Use. A cargo container shall be used only for the storage of supplies, equipment, or other materials incidental to the approved primary land use on the site.

(2)

Location. In no instance shall a cargo container be placed in any required parking space, loading zone, drive aisle, easement, or landscaped area. No cargo container may be located closer than 20 feet from any side or rear property line adjacent to residentially zoned property.

(3)

Limitations. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on-site or off-site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

D.

Standards for industrial zoning districts. The following standards shall apply to the LI and GI zoning districts, except as otherwise provided for in these regulations. Cargo containers shall either be considered as part of a development permit application, or added to a developed site with a Zoning Clearance, subject to the following provisions:

1.

Allowed only in rear of principal structure. Cargo containers shall only be located within the following areas of the site:

a.

LI zoning district. Cargo containers in the LI zoning district shall only be allowed in the area to the rear of the principal structure, or the rear two-thirds of the site, whichever would be more restrictive; and

b.

GI zoning district. Cargo containers in the GI zoning district shall only be allowed to the rear of a line which is an extension of the front wall of the principal structure.

2.

Use. A cargo container shall be used only for the storage of supplies, inventory, or equipment incidental to the approved primary nonresidential land use on the site. A cargo container shall not be used or occupied as office, sales, retail distribution, or manufacturing space, or for vehicle parking, and may not be leased for use by any off-premises person, business, organization, or other entity.

3.

Location. Cargo containers may be allowed only in those zoning districts and locations which allow open storage, except as provided in Section 9-44.110 (Outdoor storage).

4.

Limitations. Cargo containers shall conform to the maximum height, minimum setback, and minimum distance between structure requirements of the zoning district in which they are located. In no instance shall a cargo container be placed in any required parking space, loading zone, drive aisle, easement, or landscaped area. The top of any cargo container shall not exceed a height of 10 feet as measured from abutting level land either on-site or off-site. No stacking of cargo containers shall be allowed. No storage of materials on top of cargo containers shall be allowed.

(Amended during 3-07 supplement and § 2(Exh. A), Ord. No. 1351, effective July 17, 2023)

As of February 12, 1998, drinking places, as defined in Article 8 (Glossary) shall be required to obtain a Conditional Use Permit (CUP) in compliance with Section 9-52.070. Each drinking place shall meet the following requirements:

A.

The drinking place is located at least 250 feet away from any church, hospital, school or public park; and

B.

The drinking place is located at least 250 feet away from any residential zone.

Distances shall be measured from the nearest property line of the above uses or zones to the nearest exterior building wall of the proposed drinking place. A project shall meet all the above distance requirements at the time the application is deemed complete. After a project application has been deemed complete, the project will not be subjected to any further application of the distance requirements. Any conflicting use, such as a church, hospital, or school, which commences after the CUP application "deemed complete" date, does so subject to the CUP project.

(Amended during 3-07 supplement)

The requirements for this Section shall apply to alcoholic beverage manufacturing facilities, such as breweries, distilleries, and wineries.

A.

On-site tasting and alcoholic beverage sales. On-site tasting and alcoholic beverage sales must be limited to the product manufactured on-site or offsite associated with the alcoholic beverage manufacturing facility, unless a Type 41, 47 (restaurant) license is issued.

B.

Retail sales. Incidental retail sales of related products, other than alcoholic beverage sales, is allowed.

C.

Equipment and storage location. All alcoholic beverage manufacturing equipment and storage activities must be located completely within the enclosed building of the facility.

D.

Off-street parking. An Alcoholic Beverage Manufacturing facility shall meet off-street parking requirements as set forth in Chapter 9-34, of the SVMC or Subsection E of this Section. For the purposes of calculating parking:

1.

Preparing areas shall be considered manufacturing,

2.

Tanks and/or barrels, and bottle storage areas shall be considered storage,

Office space shall be considered office, and

4.

Indoor and outdoor tasting areas shall be considered as tasting/eating areas.

E.

Alternate parking options. Alcoholic beverage manufacturing facilities unable to meet the proposed offstreet parking requirements, are allowed to use the following alternatives:

1.

Provide a reciprocal parking, ingress, and egress agreement with an adjacent property or properties within 500 feet of facility.

2.

Provide an Alternate Business Hours Shared Parking Analysis to share parking with businesses that would not have overlapping business hours.

3.

Provide valet parking service, including a valet parking program specifying location of valet parking drop off/pick up area, parking locations, hours of operation and number of staff members providing this service. Tandem parking is allowed for valet service.

F.

ABC License. Alcoholic beverage manufacturing facilities offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the State of California Department of Alcoholic Beverage Control (ABC).

G.

Associated events. May include tours, specialty dinners, food pairings, retail sales, and/or on-site consumption with tasting areas, including occasional events that may have entertainment and/or amplified music.

(§ 2(Exh. A), Ord. No. 1328, eff. November 11, 2021)

The requirements of this Section shall apply to the conduct of a home occupation in any residential dwelling unit.

A.

Allowable home occupation activities. A home occupation shall be limited to business and professional services that do not involve the on-site presence of more than one client at a time (except as provided for in the California Child Day Care Facilities Act Title 1596.70). It shall be unlawful to conduct a home occupation of any other type unless allowed by the underlying zoning district.

B.

Standards for home occupations. Each home occupation shall comply with all of the following standards.

1.

The business or professional service use shall be clearly incidental and secondary to the use of the dwelling for residential purposes.

2.

No sign(s) relating to the home occupation shall be allowed.

3.

No person, other than residents of the home, shall conduct business at the dwelling which is granted the Home Occupation Permit.

4.

No home occupation shall be developed or operated in a manner that will change the residential character and/or appearance of the property, or in a manner as to cause the property to be recognized as a place where a home occupation is conducted.

5.

The area of use for all home occupations shall be confined entirely to one room in the dwelling, not to exceed 20 percent of the total gross floor area of the dwelling, and the entrance to the home occupation space shall be from within the dwelling.

6.

No garage, carport, accessory structure, or similar structure shall be used in conjunction with a home occupation. However, a garage may be used for the storage of items related to an allowed home occupation; provided, there is enough room to park one motor vehicle in a one-car garage or two motor vehicles in a two or more car garage. The dimensions of a motor vehicle for the purpose of this Subsection shall be no less than eight feet wide and 15 feet long. Further, there shall be a clearance of no less than 20 inches on each side of the vehicle(s).

7.

The home occupation shall not attract or generate any additional vehicular or foot traffic to the dwelling beyond that which is considered normal for the zoning district in which the home occupation is located.

No equipment or process shall be used in the home occupation which creates fumes, glare, noise, odor, or vibration detectable to the normal unaided human senses off the parcel, if the occupation is conducted in a single-family detached residence, or outside the dwelling unit if it is conducted in other than a single-family detached residence. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver or other electronic device outside the dwelling unit or causes fluctuations in the line voltage outside the dwelling unit. No use of materials or mechanical equipment not recognized, as being part of normal household uses shall be allowed.

9.

The home occupation shall not cause, involve, or result in the use of commercial vehicles for delivery of materials or supplies to or from the premises, excluding parcel service and the United States mail.

10.

The home occupation shall not generate any solid waste or sewerage discharge in volume or type, which is not normally associated with residential use.

11.

In the case of a dwelling which is part of a common interest ownership community, the provisions of this Section shall not be deemed to supercede any agreement, by-laws, covenant, deed restriction, master deed, or other documents which prohibit a home occupation.

C.

Prohibited Uses. The following uses are expressly prohibited as home occupations:

1.

The repair, reconditioning, servicing, or manufacture of any internal combustion or diesel engine or of any motor vehicle, including automobiles, trucks, motorcycles or boats;

2.

Repair, fix-it, or plumbing shops;

3.

Uses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises, unless otherwise allowed in Section 9-44.060(D)(3) (Breeding of dogs and cats in Residential Zones);

4.

Uses which entail food handling, processing, packing or sales;

5.

Healing arts (patients on premises);

6.

Uses which utilize explosives or highly combustible materials and activities which involve the handling, use, generation, or storage of hazardous materials as defined in California Code of Regulations, Sections 66084 and 66060;

7.

Uses which will result in the overnight parking of commercial vehicles (with a gross weight of 10,000 pounds or greater) within the residential area in which the home occupation occurs; and

8.

Beauty salons.

D.

Permit requirement. It is unlawful to operate a business from a dwelling without a valid Home Occupation Permit, issued in compliance with Subsection F (Home Occupation Permit procedures), below.

E.

Limitation on Home Occupation Permit holder. A Home Occupation Permit may only be granted to a resident of the home.

F.

Home Occupation Permit procedures. A Home Occupation Permit shall be processed and may be issued as an administrative matter by the Director after review and consideration of the application without the requirements for a public hearing.

1.

Application requirements. Applications for Home Occupation Permits shall be made before engaging in the business on the forms provided by the Department, and shall include all of the information and materials required by the Director.

2.

Review and decision. After receiving a written application for a Home Occupation Permit, the Director may conduct, or cause to be conducted, an investigation of the application as may be deemed appropriate, and shall within 14 days, either issue a permit to the applicant or render a written decision to the applicant.

a.

The permit may be conditioned to ensure compliance with the provisions of this Section.

b.

If one or more of the standards identified in Subsection B, above cannot be satisfied by the applicant for a Home Occupation Permit, the Director shall disapprove the application, or at the Director's discretion, may

refer the application to the Commission for consideration at a noticed public hearing conducted in compliance with Chapter 9-74 (Public Hearings).

c.

The decision of the Director shall be final unless appealed in writing within 14 days after the date of the written decision in compliance with Chapter 9-76 (Appeals).

3.

Appeal. An appeal shall be filed and processed in compliance with Chapter 9-76 (Appeals). It shall be the responsibility of the applicant to pay all appeal fees and to provide a list of surrounding property owners in compliance with Chapter 9-76 (Appeals).

4.

Transfer of permit. A Home Occupation Permit shall not be transferable; each new home occupation shall require a new permit.

5.

One-year review. All home occupation permits shall be subject to review by the Director within one year after their initial approval or as a result of any complaint by any person affected by the operation of the home occupation.

6.

Violations. In the event of an alleged violation of a home occupation permit, the permittee shall, at the request of the Director, or their designee, submit proof of compliance for City review in the form of either (a) date stamped and authenticated photographs or videotape which demonstrates that no violation exists, or (b) an invitation by the permittee to the Director to visit the site of the alleged violation. The sufficiency of the evidence shall be evaluated on the basis of the clear and convincing evidence standard. If the Director determines that the access allowed or the evidence presented is not sufficient to verify compliance with the Home Occupation Permit, the permit shall be subject to revocation. Revocation of a Home Occupation Permit by the Director can be appealed to the Planning Commission pursuant to the provisions of this Code.

7.

Revocation. Home Occupation Permits issued pursuant to this Subsection may be revoked by the Commission, following a public hearing upon such revocation, for any repeated violation of the standards set forth in this Subsection or of the permit conditions.

(Amended during 3-07 supplement; Exh. A, Ord. 1147, eff. August 20, 2009)

Editor's note— Ord. No. 1341, § 2(Exh. A), adopted June 13, 2022, effective July 14, 2022, repealed § 9- 44.100, which pertained to large family day care homes and derived from being amended during the March,

2007 supplement.

A.

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

1.

Maximum lot size. The maximum lot size is determined through the subdivision process per Section 9- 61.020 (Tentative Map Preparation, Application Contents).

2.

Residential density. The allowed residential density is 20.1 to 35 units per acre.

3.

Setbacks.

a.

Residential:

Residential setbacks shall meet the requirements in Section 9-24.050 for Residential Very High developments.

b.

Non-residential:

Commercial setbacks shall meet the requirements in Section 9-26.040 depending on the underlying zoning district and the type of development proposed.

c.

Accessory structures:

Accessory structure setbacks shall meet the requirements in Section 9-30.080.

4.

Signage. Signs will be regulated according to the requirements in Section 9-37.060.B.

B.

Mixed-Use Overlay District Site Planning Requirements. The following minimum standards must be implemented for all new or modified developments within the Mixed-Use Overlay District.

Percentage of project as residential uses. A minimum of 50% of the project's floor area must be developed and maintained as residential uses.

2.

Percentage of project as commercial uses. A minimum of 25% of the project's floor area must be developed and maintained as commercial uses.

3.

Ground floor uses. Only commercial uses are permitted on the ground floor of buildings fronting an arterial street. Residential units are permitted on the ground floor of buildings fronting non-arterial and internal streets and driveways.

C.

Mixed-Use Overlay District Primary Building Height Limit Exceptions.

1.

Height Limit. The following are the maximum height limits for buildings in the Mixed-Use District.

a.

Primary structures: 55 feet and four stories

b.

Accessory structures: 18 feet and one story

2.

Exceptions to height limits. A multi-story structure in the Mixed-Use District that exceeds 55 feet or four stories in height shall comply with the standards listed in Section 9-26.050.A.

D.

Mixed-Use Overlay District Operational Standards and Use Limitations. In addition to complying with all applicable standards contained within SVMC Chapter 9-30, the following standards shall also apply to all new or modified developments within the Mixed-Use District.

1.

Common entrances. Non-residential and residential uses located on the same floor shall not have common entrance hallways or balconies.

2.

Reasonable Accommodation. Refer to Section 9-52.110.

3.

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

a.

Is specifically listed in Table 2-4.a 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.

4.

Storage areas. For residential units with no garage, an enclosed lockable secure storage area attached to the unit or assigned carport parking space shall be provided.

5.

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. Additionally, senior housing projects within the Mixed-Use Overlay District shall comply with the standards set forth in Section 9-24.060.B.4 (Senior housing projects).

6.

Optional residential development standards. The residential portions of all mixed-use developments shall provide optional standards as applicable to the type of residential project (senior housing, affordable housing, or market-rate projects with five or more units), per Section 9-24.060.D (Optional standards).

7.

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

8.

Shopping carts. Shopping carts shall be regulated per Section 9-26.060.A.5.

9.

Roof equipment. All roof-mounted equipment, except solar energy equipment, shall not be visible from any abutting lot or any street. This shall be accomplished in a manner that is architecturally integrated with the main building. Solar energy equipment may be exposed to view from adjacent parcels and street rights-ofway provided the equipment is mounted flush with the roof plane.

Refuse and Recyclable Container Enclosures. Containers for refuse and recyclables shall be provided per SVMC Section 9-35.050.A. In addition, the following standards apply to mixed-use developments.

a.

Residential units shall maintain separate refuse and recyclables containers from those used by the nonresidential uses, and these containers shall be clearly marked for residential use only.

b.

Refuse and recyclables containers shall be located no farther than 200 feet from any residential unit.

11.

Newspaper racks. Newspaper racks shall be consolidated into one rack and screened from the street on three sides with walls that complement other site furnishings in the area or the architecture of adjacent buildings. The racks shall be permanently anchored. Individual racks shall not be permitted.

12.

Noise/vibration.

a.

The City noise standards are 63db Ldn in outdoor living areas and 45db Ldn in interior living areas. To comply with these standards, all new projects or additions to existing projects must meet the minimum Sound Transmission Class (STC) 50 rating set forth in the California Building Code between residential units in the same building and the minimum STC 60 rating between residential units and non-residential uses in the same building. Applicants for these projects must, under the direction of the Director of Environmental Services, prepare an acoustical analysis report (prepared by an acoustical engineer) describing the acoustical design features of the structure required to satisfy the exterior and interior noise standards. The report must include satisfactory evidence that the measures specified in the report(s) have been, or will be, incorporated into the design of the project.

b.

No commercial use within a mixed-use development shall be conducted between 12 a.m. and 6 a.m. unless approved with Conditional Use Permit.

13.

Joint recorded Conditions, Covenants, and Restrictions (CC&Rs) and/or recorded Common Area Maintenance (CAM) Agreement required. A joint commercial/office/residential owners' association recorded Declaration of Conditions, Covenants and Restrictions (CC&Rs) and/or recorded Common Area Maintenance (CAM) Agreement is required for all mixed-use developments. The required CC&Rs or CAM shall address the assignment of required residential parking spaces and the identification of maintenance responsibilities.

E.

Mixed-Use Overlay District Open Space Requirements.

1.

Residential Private Open Space.

a.

Residential private open space shall be provided at a ratio of a minimum of 100 square feet per dwelling unit. The minimum private open space dimension shall be seven feet.

b.

Residential private open space shall be separated from adjoining units with a privacy wall, and shall be separated from public open spaces by a wall, fence, or landscaping that is at least 42 inches high, but not greater than 72 inches high.

2.

Residential Common Recreation Areas.

a.

Residential common areas for active recreation, such as pools, recreation rooms, playgrounds, etc., and/or for passive recreation, such as picnic tables and barbeque areas, shall be provided at a ratio of a minimum of 100 square feet per dwelling unit.

b.

Non-senior projects containing 25 or more residential units shall provide a tot lot with a minimum of 500 square feet of area and containing at a minimum: play equipment including climbing and sliding equipment; seating; and one, 48-inch box shade tree or a shade structure over the seating area.

c.

Residential common recreation areas can be outdoors or indoors, must be located within 500 feet of each dwelling unit on the site, and may incorporate any setback area except street side. Green roofs, plazas, and courtyards may fulfill common area requirements. Common areas shall consist of slopes less than 4:1.

d.

Residential common recreation areas shall be designed for project residents and their guests only.

e.

Single Room Occupancy (SRO) projects are required to comply with SVMC Section 9-44.215.

3.

Public Open Space.

a.

Public open space (outdoor dining space, gathering areas, promenades, etc.) shall be provided at a ratio of 100 square feet of public open space per 1,000 square feet of gross commercial floor area.

b.

Public open spaces shall be designed with access and an unimpeded line-of-sight to and from the public sidewalk, and shall be integrated into pedestrian circulation systems.

F.

Mixed-Use Overlay District Landscape Requirements. In addition to complying with all applicable landscape standards contained within SVMC Sections 9-33.030.A, E-H and 9-33.040, the following standards shall also apply to all new or modified developments within the Mixed-Use Overlay District.

1.

Minimum landscape coverage. The minimum landscape coverage shall be 10 percent.

2.

Connecting walkways. Connecting walkways must be planted with either shade trees spaced 30 feet oncenter or covered with a shade structure.

3.

Trees. A minimum of one, 36-inch box container size tree per 50 feet of lineal street frontage shall be planted within the required setback area adjacent to streets. In addition, a minimum of one, 36-inch box container size tree shall be planted in residential common areas for each ground level unit. Specimen palms may be used at a ratio of ¼-foot brown trunk height for each one inch of box tree size.

4.

Expandable tree grates. Expandable tree grates or guards shall be provided along sidewalks and in plazas where a continuous walking surface is needed.

5.

Landscape planters. Landscape planters must be at least three feet in width; however, planters less than six feet in width must use engineered soils or other mechanism with a circumference of at least three times the size of root ball of the tree to be planted within the planter, to allow for the planting and long-term health and maintenance of trees within the planters.

6.

Parking structure landscape requirements.

a.

One minimum 24-inch box container size tree is required at the end of each parking row, and per each five parking spaces in a single row and 10 spaces in double rows on all open-air parking structure decks.

b.

Planters for trees on parking structure open-air decks must be three feet deep and at least six feet in width by six feet in length, to allow for the planting and long-term health of trees within the planters.

G.

Mixed-Use Overlay District Parking Requirements.

1.

Parking space requirements. Off-street parking spaces for non-residential uses in the Mixed-Use District must be provided in compliance with SVMC Section 9-34.060 (Parking Space Requirements), Table 3-4 (Parking Requirements by Land Use). Off-street parking spaces for residential units in the Mixed-Use District must be provided in compliance with Table 4-3 (Parking Requirements for Residential Units in the Mixed-Use District), below.

TABLE 4-3 - PARKING REQUIREMENTS FOR

RESIDENTIAL UNITS IN THE MIXED-USE DISTRICT

2.

Covered parking required. A minimum of one parking space for each residential unit must be covered. SRO units are not required to provide covered parking spaces.

3.

Location of assigned spaces for residential units. Off-street parking shall be located no more than 200 feet from the dwelling unit for which the parking is provided, except for SRO units. See SVMC Section 9-44.215.

Separate parking facilities. Separate parking facilities shall be provided for non-residential uses and assigned residential parking, or separate levels shall be provided if located within a parking structure. Assigned residential parking spaces shall be specifically designated by posting, pavement markings, distinctive architectural elements, landscape features, and/or by physical separation. For SRO units, see SVMC Section 9-44.215.

5.

Visitor parking. The sharing of visitor parking for residential and nonresidential uses within the same mixeduse development is permitted.

6.

Facilities for vehicles with alternative fueling systems. Facilities for vehicles with alternative fueling systems (such as electric vehicle charging stations, etc.) shall be provided in all parking areas at a ratio of one alternative fueling facility per 100 parking spaces. Parking lots with fewer than 100 parking spaces shall be provided with a minimum of one alternative fueling facility.

7.

Reciprocal access and parking. Reciprocal ingress/egress access and parking shall be provided between all parcels within a project area.

8.

Parking structures. The following requirements apply to all parking structures proposed within the MixedUse District.

a.

Parking structures shall not be located along arterial streets unless retail, restaurants, offices, or similar pedestrian-oriented land uses occupy the ground floor portion of the parking structure fronting the street, with the exception of the vehicular entrance/exit to the structure.

b.

Subterranean parking will not count as a building story when measuring overall building height.

9.

Bicycle parking provisions. The following requirements for bicycle parking apply to all new or modified projects.

a.

Covered, secure bicycle parking shall be provided at a ratio of one bicycle per residential unit without a garage. For Single Room Occupancy (SRO) Bicycle parking requirements, see SVMC Section 9-44.215.

b.

Directional signage within the public right-of-way shall be installed for public bicycle parking areas.

10.

Loading Zone Standards. Loading zones shall be provided in accordance with SVMC Section 9-34.100, except that:

a.

Loading zones for retail commercial and restaurant uses less than 20,000 square feet in gross floor area may be reduced in size to 11 feet in width by 35 feet in length.

b.

Loading spaces shall be located within 100 feet to the side or rear of the business being served by the loading space and have direct access from the business served by the space.

H.

Mixed-Use Overlay District Parcel Consolidation Program. The purpose of the Mixed-Use District Parcel Consolidation Program is to encourage the consolidation of several smaller, contiguous parcels into one, larger project, to provide for additional design flexibility.

1.

Program thresholds. Consolidation of one or more parcels entitles two of the following incentives:

a.

Graduated Density: Allow a 10% increase in the number of dwelling units per acre over the maximum density for mixed-use Planned Developments.

b.

Allow up to 75% of the project's floor area to be developed as nonresidential uses.

c.

Allow a reduction of a maximum of two of the optional residential development standards required per Section 9-24.060.D for all types of residential projects in a mixed-use project.

I.

Mixed-Use Overlay District Design Guidelines. The following design guidelines are strongly encouraged for use in the design of mixed-use development applications. Note that all design guidelines appear in italics to distinguish them from standards, which are mandatory requirements.

1.

Site design guidelines. The following guidelines should be incorporated into the site planning for a mixeduse development.

a.

Site design should relate to surrounding properties with respect to building locations, orientation, massing, setbacks, and the arrangement of driveways, pedestrian pathways, parking, and open space.

b.

The location of structures and site improvements should create a pedestrian-oriented environment. Pedestrian pathways should be provided throughout mixed-use projects and should connect to on-site uses, parking areas, adjacent uses, and to existing and future transit stops within or adjacent to the project site.

c.

Developments should be designed to minimize motor vehicle circulation through local single-family neighborhood streets.

d.

Where feasible, traffic calming features should be used to encourage the pedestrian-oriented nature of a mixed-use development. Examples of appropriate traffic calming measures include: lighted and clearly marked crosswalks; horizontal deflections such as landscaped center islands, street bulb-outs, road narrowing, chicanes and roundabouts; vertical deflections such as raised and textured intersections and crosswalks; and street trees and parkway planters that provide visual interest and buffer pedestrians from motor vehicles on public streets.

e.

Mixed-use projects should include clear and well-designed entries into the project. Such entries should incorporate the use of walls, signage, landscaping, and decorative paving to visually link the site entry to the buildings.

f.

A decorative treatment (i.e., special paving) should be used to delineate pedestrian pathways and crossings at circulation drives and within parking areas.

g.

Public open space designed as gathering areas (courtyards, plazas, etc.) should include amenities such as fountains, seating, enhanced landscaping, decorative pavement, etc.

2.

Architecture. The following guidelines should be incorporated into the design of all buildings within a mixed-use development.

a.

The corners of buildings at intersections should receive special architectural treatment, including but not limited to towers, arcades, unique color, materials and window treatments, etc.

b.

To encourage pedestrian activity, a minimum of 60% of the building frontage facing a street or pedestrian way should incorporate pedestrian-oriented features (i.e., pedestrian entrances, display windows, etc.).

c.

All buildings within a mixed-use development should be designed to a human scale and be connected by a uniform architectural theme.

d.

The architectural style and use of materials should be consistent throughout the entire mixed-use project. Differences in materials and/or architectural details should only occur on a structure where the intent is to differentiate between the residential scale and character of the structure and the commercial scale and character.

e.

Building wall planes should be vertically and horizontally offset or otherwise articulated every 10 feet on all sides. To articulate the wall planes, facades should incorporate arcades, colonnades, recessed entrances, window details, bays, variation in building materials, balconies, porches, vines on trellises, roofline trim detail, etc. The wall offsets should vary in depth of the building wall by a minimum of four feet or a series of offsets, projections or recesses, including balconies, that vary the depth of the building wall by a minimum of four feet.

f.

Window placement for street level businesses should be located along public street frontages at a height that pedestrians can easily look into and see the business activities, products, etc.

g.

Upper floors should incorporate windows, bays, and balconies that overlook the street wherever feasible.

h.

Windows of residential units should be offset when facing other residential units and should face away from loading areas, docks, and trash enclosures when feasible.

i.

Building entries with high activity levels should be illuminated. Appropriate treatments include: bathing entry surfaces with light; allowing the building interior light glow through glazing; or using decorative lighting fixtures to announce entries.

j.

Projects three stories or less in height should incorporate full roofs on at least 50% of the roof area.

k.

At a minimum, the roofline at the top of the structure should not run in a continuous plane for more than 50 feet without offsetting or jogging the roof plane and/or incorporating design features such as gables, decorative cornices, etc. Roof materials should be appropriate to the style of the building, roof slope and form. Corrugated metal, composition shingles, illuminated roofing, and highly reflective surfaces that create glare are not allowed.

l.

All roof-mounted equipment shall be screened. Special consideration should be given to the location and screening of noise generating equipment such as refrigeration units, air conditioning, and exhaust fans. Noise reducing screens and insulation may be required where such equipment has the potential to impact residential uses.

3.

Accessory Structures. Accessory structures, such as bus shelters, kiosks, gazebos, etc., should be architecturally compatible with the principal structure on the site through the use of consistent architecture, colors and materials, and landscaping.

4.

Landscaping. The following guidelines should be incorporated into the design of the overall landscape plan for a mixed-use development.

a.

One species of street tree should be used for the sidewalk planting area with an additional type for any onstreet parking and median plantings.

b.

Vines and climbing plants should be used to break up large expanses of blank building walls, and on garden walls, refuse enclosures, etc., to enhance the aesthetic value of the project and to deter graffiti.

c.

Regular up-lighting of walls and focal landscape features, such as specimen trees, should occur throughout the project site to create a consistent and dramatic effect.

5.

Parking. The following guidelines should be considered when designing the parking areas (open and/or structured parking areas) for a mixed-use development.

a.

Where feasible, parking structures should be constructed rather than open parking lots.

b.

Parking structures should be architecturally integrated with the project design.

c.

Parking aisles should be separated from pedestrian access routes whenever possible.

d.

Parking areas should be located and designed to be convenient for all visitors and users of the mixed-use development, in order to minimize parking in adjacent neighborhoods.

e.

Open parking areas shall be screened from the street by a 30-inch high wall, fence, berm, or landscaping that is measured above the highest adjacent grade.

f.

In parking lots for mixed-use developments containing over 100 parking stalls, pedestrian walkways that are separated from vehicular traffic shall be provided through parking areas, to provide safe access for pedestrians through the site.

6.

Refuse and Recyclable Container Enclosures. Loading areas and trash enclosures should be located and designed for convenient access by service vehicles and by tenants and residents of the project.

7.

Pedestrian Access. Primary building entries and courtyards abutting a street shall be directly accessed from the street to facilitate pedestrian access and movement between adjacent uses. Where primary building entries do not abut a street, connecting walkways shall link the building entrance to street sidewalks. Connecting walkways must have a minimum six-foot clear paved width and any covered structure, such as a trellis, must have at least 10 feet clear height.

(Amended during 3-07 supplement as amended by § 3 (Exh. B), Ord. No. 1193, eff. July 19, 2012; § 2 (Exh. A), Ord. No. 1323, eff. August 26, 2021 and § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022)

The standards of this Section shall apply to the outdoor storage of materials or equipment, where allowed by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards).

A.

CI, CPD, and CR zoning districts. The following regulations apply to the CI, CPD, and CR zoning districts.

1.

The open storage of materials or equipment shall be allowed only when incidental to the allowed use on the site, and the storage shall only be within the rear one-half of the site.

2.

The storage area shall be completely screened from view from any adjoining property or roadway and the entire area shall be landscaped.

B.

LI zoning district. The following regulations apply to the LI zoning district.

1.

Accessory outdoor storage shall be confined to the area to the rear of the principal structure 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. The materials stored shall not exceed a height of 10 feet as measured from abutting level land, either on-site or off-site.

2.

All storage areas within view of or from any property line shall be screened by the use of decorative walls, fencing, earth mounds, and landscaping, or a combination thereof.

C.

GI zoning district. The following regulations apply to the GI zoning district.

1.

Outdoor storage, operations yards, and cargo containers shall be confined to the area to the rear of a line which is an extension of the front wall of the principal structure and shall be screened from view from any street by appropriate walls, fencing, earth mounds, and landscaping, or a combination thereof.

==> picture [156 x 194] intentionally omitted <==

Figure 4-1. Location of outdoor storage

2.

The materials stored shall not exceed a height of 15 feet as measured from abutting level land, either onsite or off-site.

3.

For uses performed outside of a structure, outdoor storage may only be authorized with the granting of a Conditional Use Permit. In granting the Conditional Use Permit, the applicable review authority shall first find that the outdoor storage will be screened from view from any public or private street by appropriate walls, fencing, earth mounds, and landscaping, or a combination thereof. This finding shall be required in addition to the findings identified in Section 9-52.070 (Conditional Use Permits).

(Amended during 3-07 supplement)

Roofed and unroofed outdoor dining areas shall be subject to the following standards:

A.

The outdoor dining area must be located immediately adjacent to, abutting, and adjoining the establishment with which it is associated, and shall not extend beyond the building and/or storefront frontage and/or length of the tenant space of the associated primary establishment. An outdoor dining area to be shared between establishments may vary from these requirements as approved by the Director.

B.

An accessible path of travel shall be maintained for pedestrian and disabled access circulation to and within the customer dining area. Said path of travel shall be not less than four feet in width and comply with the California Building Code.

C.

The restaurant operator shall maintain the outdoor dining area in a clean and safe condition at all times, and shall properly dispose of all trash generated by the operation.

D.

If an enclosure wall or fence is provided for the outdoor dining area, it must include appropriate additional detailing and architectural enhancements as deemed sufficient by the Director and complement the design, scale, colors and materials of the adjacent building.

E.

The height of any solid or predominantly solid portion of an enclosure wall or fence for an outdoor dining area shall not exceed 36 inches within the Traffic Safety Sight Area (TSSA). Within any setbacks or required landscaping, no fence, wall, or hedge shall exceed 42 inches in height and no see-through fence shall

exceed six 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 feet in height.

F.

No identification or advertisement signs shall be allowed on any walls or fencing enclosing an outdoor dining area.

G.

Dining establishments that serve alcoholic beverages in a dining area shall comply with all regulations of the State of California Alcoholic Beverage Control Board, and of other state and local agencies with jurisdiction.

H.

Establishments with outdoor dining areas shall comply with all requirements of the Health Department of the County of Ventura and any other applicable health regulations.

(§ 2(Exh. A), Ord. No. 1327, eff. November 11, 2021)

9-44.120 - Rehabilitation Project Standards

A.

Applicability. The standards of this Section applies to projects that obtain a Zoning Clearance, Administrative Action, or Modification for a remodel of an existing commercial or industrial site and requests to reduce off-street parking in exchange for landscape site enhancements as specified in the following sections.

B.

Off-street parking conditions. Off-street parking must be provided in compliance with Chapter 9-34 (Parking and Loading Standards) with the added provision that up to a 10 percent parking reduction may be granted by the applicable review authority where the project has provided one or more of the offsetting landscaping conditions outlined in Section C below. In no case may any parking reduction be in addition to the reductions allowed within the Envision Simi Valley Specific Plan area.

C.

Landscape conditions. The landscaping requirements for the requested rehabilitation shall be satisfied by selecting one or more of the following options:

1.

The project provides equivalent site landscaping, for the square footage of lost parking stalls, including a minimum of three new trees of at least 36" box size to provide shading and cooling; and/or

The project adds intervening planters every 15 parking spaces capable of supporting at least a 24" box size tree; and/or

3.

The project provides a new, pedestrian outdoor seating area that includes such features as a fountain, tables, benches, landscaping, and decorative paving; and/or

4.

The project adds a covered pedestrian paseo, or decorative arbor or pergola with blooming vines growing on it, that connects buildings within a center and allows pedestrian travel outside of the parking lot area; and/or

5.

The project adds an interior vehicular connection between sites or shopping centers, where none previously existed, that reduces the need to access the public street to travel between centers.

D.

Rehabilitation Sign Permit for a freestanding individual business identification sign. For structures in commercial zoning districts constructed before July 21, 1986, located on individual parcels and consisting of a single business, an applicant may elect to use either this Subsection or the provisions identified in Chapter 9-37 (Signs).

1.

In-lieu of a permanent on-building street frontage sign. One freestanding individual business identification sign may be installed in-lieu of a permanent on-building street frontage sign; provided, the parcel does not already have and does not otherwise qualify for a freestanding sign at the time the Rehabilitation Sign Permit is approved in compliance with this Subsection.

2.

Freestanding individual business identification sign criteria.

a.

A freestanding individual business sign as provided for in this Subsection is any sign in which the entire bottom is in contact with, or within one foot of, the ground, and is detached from any structure.

b.

The maximum height of the sign shall be seven feet.

c.

The maximum sign area for a freestanding sign shall be 0.25 square foot for every linear foot of parcel frontage, and shall not exceed 38 square feet in total area.

d.

The freestanding sign shall be located not less than one foot inside the property line, shall be oriented perpendicular to the street frontage, and shall not be located within the traffic safety area, if located on a corner parcel.

e.

The sign shall not be located so as to interfere with pedestrian or vehicular traffic.

3.

Rehabilitation Sign Permit application. A request for a freestanding individual business identification sign in compliance with this Subsection shall require submittal of a Rehabilitation Sign Permit application.

a.

The Rehabilitation Sign Permit application shall be approved by the Director upon a showing of compliance with the requirements of this Subsection.

b.

The Rehabilitation Sign Permit application shall include a statement from the property owner acknowledging that the freestanding sign is being installed in-lieu of a permanent on-building sign.

c.

No permanent on-building sign shall be allowed during the duration of the Rehabilitation Sign Permit which authorizes the freestanding individual business identification sign.

(Amended during 3-07 supplement, as amended by § 4 (Exh. A), Ord. No. 1207, eff. March 28, 2013and § 2(Exh. A), Ord. No. 1361, eff. January 3, 2025)

The applicable Homeowner's Association (HOA) shall have the exclusive responsibility to enforce the replacement of colors and materials in approved "detached" single-family residential developments, following completion of the last unit.

(Amended during 3-07 supplement)

Self-storage facilities shall comply with the following standards:

A.

Exterior doors to self-storage units shall not face any adjacent residentially zoned properties. Additional landscape screening requirements for self-storage facilities are contained in Section 9-33.030(H).

B.

In the CO, CPD, CI, and GI Zones, a self-storage facility with a Planned Development Permit or Conditional Use Permit that was use inaugurated on or before December 20, 2007 shall be deemed a Conditionally Permitted Use. Offsite expansion of a self-storage facility is not permitted under this Section.

(Amended during 3-07 supplement, as amended by § 2, Ord. 1120, eff. December 20, 2007)

Editor's note— Ord. No. 1221, § 2 (Exh. A), adopted January 13, 2014, eff. February 13, 2014, repealed § 9-44.150, which pertained to senior citizen dwelling units and derived from being amended during 3-07 supplement and Ord. No. 1126, eff. March 13, 2008.

9-44.160 - Accessory Dwelling Units (Ministerial)

A.

General Provisions.

1.

Intent and purpose. The intent and purpose of this Section is to provide a means by which the City's existing housing resources and infrastructure may be more effectively utilized to produce less costly rental housing through the creation of new accessory dwelling units (ADUs) on residentially zoned lots that already contain one legally established unit, or with the construction of a new residential unit, or in conjunction with a Two-Unit Residential Development.

2.

Authority. The creation of an Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU) pursuant to Government Code Sections 65582.1, 65852.2, 65852.22, and 65852.21 (SB-9 or Two-Unit Residential Development) on lots containing an existing or proposed single-family or multi-family dwelling and zoned OS, RE, RVL, RL, RM, RMod, RH, MH, RVH, and the MU Overlay District shall be subject to the standards set forth in this section.

3.

Notwithstanding any other regulation in this Development Code that is specifically applicable to ADUs or JADUs, a Zoning Clearance must be ministerially reviewed for an application for a building permit to create an ADU and/or a JADU within a residential zone subject to the development standards set forth in this section.

4.

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

5.

Neither ADUs nor JADUs shall count towards the allowable density for the lot upon which the ADU or JADU is located.

6.

The City shall act on the application to create an ADU or JADU within 60 days from the date an application is deemed complete if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until a Building Permit is issued for the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

7.

Where an ADU or JADU is proposed with the construction of a new single-family dwelling and/or Two-Unit Residential Development, the proposed single-family dwelling or Two-Unit Residential Development must be approved for occupancy before an ADU or JADU is approved for occupancy.

8.

The permitting of an ADU and/or a JADU is subject to the California Building Code (CBC) and California Residential Code (CRC). Any conflicts between the requirements of this Development Code and the California Building Code and California Residential Code shall be resolved in favor of whichever Code imposes the greater requirement, subject to compliance with California Government Code Sections 65582.1, 65852.2, and 65852.22.

9.

"Living area" as used in SVMC 9-44.160 is defined as the interior habitable area of a dwelling unit, including enclosed patios, garages, basements and attics, but does not include any accessory structure.

10.

The rental of any ADU or JADU, or the primary single-family dwelling, if the owner lives on site in the ADU or JADU, must be for periods of 30 days or more.

11.

ADUs proposed in slopes subject to the Hillside Performance Standards, pursuant to SVMC Chapter 9-32, will be limited to 800 square feet in size. Any access driveways or other improvements will be subject to the standards in SVMC Chapter 9-32.

B.

Table 4-4 identifies the number of ADUs and JADUs permitted per lot. ADUs and JADUs may be permitted in the following combinations with existing or proposed single-family dwellings and/or Two-Unit Residential Development (i.e., SB-9 units)

Table 4-4: Number of ADUs and JADUs permitted per lot

C.

Table 4-5 details the development standards applicable to all ADUs and JADUs. Additional development standards for attached ADUs, detached ADUs and JADUs are listed in sections D through G.

Table 4-5: ADU's and JADU's Development Standards

• A minimum of 10-foot side yard and 20-foot front yard and rear yard setbacks are required if for the proposed attached ADU's building height is between 25-feet and the maximum of 30-feet height.

** This height can be increased to a maximum of 30-feet if a minimum of 10-foot side yard and 20-foot front yard and rear yard setbacks are provided for the proposed attached ADU

*** The height of any detached ADU may be increased by up two feet for a maximum of 20 feet if the ADU is within ½ mile of a major transit stop or a high-quality transit corridor as defined in Section 21155 of the

Public Resources Code, if the increase is required in order to accommodate a roof pitch that is aligned with the roof pitch of an existing or proposed primary dwelling. Elevations plans for the primary dwelling must be submitted to obtain this allowance.

**** Required parking may be uncovered or tandem parking that is located on paved surfaces with paved access, or as outlined in Section 9-34.040.A, subject to traffic safety requirements and front yard landscape requirements pursuant to Section 9-33.030.C, as required. At the property owner's option, an automobile parking lift will be allowed but will be considered a structure for the purposes of setbacks and permit requirements. The Director may waive the required parking, if it determined that there are no feasible locations for the required parking locations on site.

1 "Public transit" is defined as a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

D.

JADU Requirements.

1.

Where a JADU is proposed in conjunction with an addition to an existing dwelling unit, the addition must meet the setback requirements for a single-family dwelling as required by the underlying zoning and/or any approved Planned Development Permit conditions.

2.

Prior to issuance of a Zoning Clearance for a JADU, a Deed Restriction must be recorded on the property on the form provided by the City specifying that the owner of the property shall occupy either the JADU or the primary single-family dwelling. If a new owner takes title to the property, failure to maintain the owner occupancy required by said deed restriction will require that the JADU be removed from the property and any separate rental must be vacated within 90 days.

E.

Attached ADU Requirements.

Where an attached ADU is proposed with new construction or an addition to the existing single-family Dwelling, the ADU shall be no larger than 50 percent of the square footage of the existing square footage of the single family dwelling or 800 square feet, whichever is larger, up to a maximum of 1,000 square feet.

2.

Existing living area of a single-family dwelling may be converted to an ADU without any limits on size provided the ADU is within the existing structure. Up to a 150 square feet addition limited to accommodating ingress and egress is permitted without additional setbacks being required. Construction beyond this limit must meet all current requirements of the Simi Valley Municipal Code.

3.

Any external stairs required to provide an entrance to an ADU proposed on a second story will be subject to the setback requirements of SVMC 9-30.080 - Setback and Separation Requirements and Exceptions.

4.

Where an attached garage that provides the required parking for a SFD, as set forth in SVMC Section 9- 34.040.B, is partially converted to an ADU, the remaining space will continue to be utilized for parking if physically feasible and the remaining space is a minimum of 12 feet by 20 feet or if this is not feasible, it will be utilized for storage or a similar non-habitable use.

F.

Detached ADU Requirements.

1.

The first new construction detached ADU up to 800 square feet in size proposed on a lot will be subject only to the setbacks and development standards outlined in Section C.

2.

[Reserved.]

3.

All detached ADUs, including those created by the conversion of existing permitted structures, must have a six foot separation from the main single-family dwelling and existing structures with the exception of a second ADU proposed in conjunction with an SB-9 unit per Table 4-4, where ten-feet of separation will be required.

4.

The maximum size of a detached ADU that is not proposed in conjunction with an existing or proposed SB9 unit will be as follows:

a.

A maximum of 1,000 square feet on any parcel up to 8,000 square feet subject to the development standards shown in SVMC Section 9-44.160, Table 4-4.

b.

A maximum of 1,200 square feet on any parcel over 8,000 square feet subject to the development standards shown in SVMC Section 9-44.160, Table 4-4.

5.

Where an existing legally permitted accessory structure with a solid roof and structural framing is converted to a detached ADU in the same location, and to the same dimensions as the existing structure, the above size and height limits will not apply and no additional setbacks will be required. The development standards in Table 4-6 will not apply. Up to a 150 square feet addition limited to accommodating ingress and egress is permitted without additional setbacks being required. Construction beyond this limit must meet all current requirements of the City of Simi Valley Municipal Code.

6.

A detached ADU may only be attached to a garage or a patio cover subject to the below standards and the setback requirements in SVMC 9-30.080.

a)

Where a detached ADU is proposed with an attached garage, the garage portion shall be no larger than 400 square feet.

b)

The size of any proposed patio cover will be limited to 10 percent of the square footage of the proposed ADU excluding any attached parking structure.

Table 4-6: Development standards for new construction ADUs over 800 square feet in size and second ADUs of any size associated with an SB9 unit or multifamily dwellings

1 This includes coverage by the ADU, accessory buildings, sheds, gazebos, or other permitted structures.

For a single-family dwelling: the required side yard is the first five feet for a single-story structure or the first 10 feet for a two-story structure from the side property line; the required rear yard is the first 20 feet from the rear property line; or as otherwise required by 9-24.050 or the underlying development permit.

G.

ADUs in Multi-Family Dwellings.

1)

ADUs on lots with existing or proposed multi-family dwellings must meet the requirements in SVMC Section 9-44.160.F, Table 4-7: Development standards for ADUs in multi-family dwellings and Section C.

Table 4-7: Development standards for ADUs in multi-family dwellings

• The height of any ADU may be increased by two feet if the ADU is within ½ mile of a major transit stop or a high-quality transit corridor as defined in Section 21155 of the Public Resources Code, if the increase is required in order to accommodate a roof pitch that is aligned with the roof pitch of an existing or proposed primary dwelling. Elevations plans for the primary dwelling must be submitted for this allowance.

may be increased by two feet if the ADU is within ½ mile of a major transit stop or a high-quality transit corridor as defined in Section 21155 of the Public Resources Code, if the increase is required in order to accommodate a roof pitch that is aligned with the roof pitch of an existing or proposed primary dwelling. Elevations plans for the primary dwelling must be submitted for this allowance.

(§ 2 (Exh. A), Ord. No. 1265, eff. January 9, 2017 as amended by § 2 (Exh. A), Ord. No. 1282, eff. December 11, 2017; § 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. 1349, effective July 5, 2023)

Editor's note— Ord. No. 1265, § 2, adopted January 9, 2017, effective January 9, 2017, amended § 9- 44.160 in its entirety to read as herein set out. Former § 9-44.160, pertained to second dwelling units (ministerial), and derived from amendment during 3-07 supplement, and Ord. No. 1126, effective March 13, 2008.

Editor's note— Ord. No. 1265, § 2, adopted January 9, 2017, effective January 9, 2017, repealed § 9- 44.170, which pertained to second dwelling units (requirement of a cup) and derived from amendment during 3-07 supplement, and Ord. No. 1126, effective March 13, 2008.

Gas (automobile service) stations and commercial uses with accessory gasoline and/or diesel fuel sales shall comply with the following standards.

A.

Limitations on location. A service station shall be approved only in the following locations.

1.

No more than two automobile service stations may be constructed at a given intersection and only one at a "T" intersection. The freeway shall not be considered as a street for purposes of this Section.

2.

An automobile service station shall be approved only in conjunction with and designed as a part of a larger development, such as a shopping center, travel complex or auto service center.

B.

Access. Each driveway shall comply with the following standards.

1.

No part of the driveway entrance curb return shall be within the street curb return of any two fronting streets or within five feet of the end of the street curb return.

2.

Wherever possible, a combined driveway for both a service station or commercial use with accessory gasoline or diesel fuel sales and an adjacent shopping center shall be provided.

The width of a driveway shall not exceed 30 feet unless the driveway is a common driveway or special circumstances are demonstrated, in which case the width shall not exceed 40 feet, except by approval of the Commission.

4.

Only one driveway will be allowed on any street frontage.

C.

Connection to adjoining commercial development. No more than two interior access openings to an adjoining commercial area shall be permitted.

D.

Pump islands. A service station shall be limited to four pump islands, with not more than four meter cabinets per island. Two fuel outlet hoses for each meter cabinet may be permitted.

E.

Service bays. The entrance to a service bay shall not open to any street, but shall face the rear or interior side property lines.

F.

Restroom screening. All restroom entrances shall be screened by not less than a five-foot high decorative structure which shall conform to the general design of the facility.

G.

Peripheral wall. A service station site abutting a residential zone shall be provided a solid decorative masonry wall not less than six feet in height and a landscape planter not less than five feet in width along the property line abutting the residential zone. However, where the wall abuts the front yard of an adjacent residential parcel, the peripheral wall shall not exceed a height of three feet for that portion of the required front yard on the adjacent parcel.

H.

Merchandising. All merchandise shall be stored and displayed within the main building, except for tires, batteries, auto accessories, and lubrication items which are used to service vehicles on the site. Any auto service related merchandise displayed outside the main building shall be limited to the pump islands and immediately adjacent to the exterior of the main building.

I.

Used parts. No used or discarded automotive parts or equipment or permanently disabled, junked, or wrecked vehicles may be located outside the main building, except within a trash enclosure.

J.

Repair and service. All hydraulic hoists and pits and all lubrication, greasing, and permitted repair equipment must be enclosed entirely within a building. Operations permitted outside shall be limited to:

1.

The retail sale of petroleum products;

2.

The supply of air and water;

3.

Tire changing;

4.

Battery servicing, charging and changing; and

5.

Installation of minor accessories, e.g., windshield blades and arms, gas caps, lamps, etc.

All other automotive repair shall be conducted within an enclosed building or service bay.

K.

Air and water facilities. All gasoline sales facilities must provide and maintain air and water facilities for public use.

L.

Public address system. No public address system or speaker may be located outside of the structure or be audible outside.

(Amended during 3-07 supplement)

Purpose. This section provides development standards to promote and encourage the use of electric vehicle charging stations and to limit the obstacles to their use as set forth in California Government Code Section 65850.7. The standards in this section are in substantial compliance with the recommendations of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" and "Plug-in Electric Vehicle Infrastructure Permitting Checklist" published by the Office of Planning and Research.

A.

Definition. An Electric Vehicle Charging Facility is an accessory land use where one or more Electric Vehicle Charging Stations, as defined in California Government Code Section 65850.7(i)(3), are located.

B.

Applicability. Electric Vehicle Charging Facility is an accessory land use to any existing legal single family or multiple-family residential parking garage, car port, parking lot or parking space; or any existing legal commercial, industrial, or recreational parking garage, car port, parking lot or parking space, and is subject to all applicable requirements of this code.

C.

Standards. Electric Vehicle Charging Station ("EVCS") installation shall comply with the following standards.

1.

Electric Vehicle Charging Stations for private use in a single-family or multiple-family garage or car port shall:

a.

Be located in a manner that will not allow public access to the charging station.

b.

Be equipped with a mechanism to prevent the theft of electricity by an unauthorized user.

c.

Be protected as necessary to prevent damage by automobiles.

d.

Be tamper-resistant to prevent injury particularly to children.

e.

Be resistant to potential damage by vandalism.

2.

Electric Vehicle Charging Stations for public use in a commercial, industrial or recreational parking garage, parking lot or parking space shall be subject to the following requirements:

a.

The EVCS shall be located in a manner that will be easily seen by the public for informational and security purposes and shall be illuminated during evening business hours.

b.

Be located in desirable and convenient parking locations that will serve as an incentive for the use of electric vehicles.

c.

The EVCS pedestals shall be designed to minimize potential damage by vandalism and to be safe for use in inclement weather.

d.

Complete instructions and appropriate warnings concerning the use of the EVCS shall be posted on a sign in a prominent location on each station for use by the operator.

e.

One standard non-illuminated sign, not to exceed four square feet in area and eight feet in height, may be posted for the purpose of identifying the location of each cluster of EVCS.

f.

The EVCS may be on a timer that limits the use of the station to the normal business hours of the use(s) that it serves to preclude unauthorized use after business hours.

g.

EVCS installation shall maintain a minimum parking space length to comply with the requirements of this code.

h.

All available charging station mounting options should be considered and optimized for the space.

i.

EVCS installations shall avoid removing or altering existing infrastructure, or removing mature landscape trees, in order to mitigate excess costs, potential hazards and other negative impacts.

j.

EVCS installations, when disturbing existing infrastructure, mature landscape trees and/or other required landscaping shall be mitigated in accordance with SVMC Chapter 9-33, Landscape Standards; Chapter 9- 34, Parking and Loading Standards; and Chapter 9-38, Tree Preservation, Cutting and Removal.

k.

Large equipment shall be screened from the public right of way as set forth in SVMC Section 9-30.070, Screening.

D.

Permit requirement. A use permit or Zoning Clearance is not required for an Electric Vehicle Charging Station in compliance with this section.

E.

Expedited permit for construction. Electric Vehicle Charging Station installations meeting the standards of this section are eligible for expedited processing of a permit for construction in accordance with Title 8, Chapter 25 of this code.

(§ 2(Exh. A), Ord. No. 1312, effective October 15, 2020)

9-44.190 - Surface Mining Permits and Reclamation Plans

A.

Permit requirements. Reclamation plans and surface mining operation permits required in compliance with the California Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.), and shall be processed, heard, approved, modified, and revoked in the same manner as is specified in this Development Code for Conditional Use Permits.

B.

Performance security. As a condition of approval of reclamation plans and surface mining operation permits, surface mining operators may be required to consent to the creation of liens or to post surety bonds or other sufficient security to guarantee reclamation in compliance with the reclamation plan.

C.

Annual inspection. Each surface mining operation that is subject to these provisions shall be inspected at least annually for compliance with permit conditions.

(Amended during 3-07 supplement)

Emergency shelters shall be subject to the following standards:

A.

Overnight occupancy shall be limited to 1 bed per 70 square feet of sleeping area, with maximum occupancy of 30 beds per facility.

B.

The length of stay for any emergency shelter resident shall not exceed 180 days.

C.

Off-street parking must be provided at 1 space per staff person during the largest shift plus 1/5[th ] of a parking space for each resident.

D.

On-site management shall be provided at all times while the shelter remains open, consisting of a minimum of 1 staff person per 15 clients.

E.

No emergency shelter shall be located within 300 feet of another emergency shelter.

(§ 2 (Exh. A), Ord. No. 1221, eff. February 13, 2014)

New and used vehicle sales lots shall comply with the following standards:

A.

No repair or reconditioning of Vehicle-Automobiles, Vehicle-Recreational, Vehicle-Motorcycle, and VehicleAircraft shall be permitted unless otherwise authorized by this Zoning Code.

B.

Except for required landscaping, the entire open area of the premises shall be surfaced with concrete or asphaltic concrete.

C.

Used Vehicle-Automobile sales lots that have a Conditional Use Permit to sell used Vehicle-Automobiles exclusively may display up to two temporary signs, up to twelve square feet in size each, on up to four parking lot light poles without a Sign Permit, fees, or limits on sign posting duration. Parking lot light pole signs must not be located in or above the public right-of-way, installed above the height of the light pole, or strung between light poles, fences, automobiles, or landscaping.

D.

Vehicle-Motorcycle sales lots that have a Conditional Use Permit[[5]] to sell Vehicle-Motorcycles exclusively are allowed the following promotional activities and temporary signage.

1.

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

a.

Temporary sign permits or fees are not required.

b.

There is no limit on temporary sign posting duration.

c.

There are no quantity limits to the temporary signs.

d.

Freestanding and on-building temporary signs must be limited to 50 square feet.

e.

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

f.

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

(Amended during 3-07 supplement, as amended by § 4 (Exh. A), Ord. No. 1205, eff. April 18, 2013 and § 2 (Exh. A), Ord. No. 1228, eff. May 29, 2015)

Footnotes:

--- ( 5 ) ---

As of the date of adoption of 9-44.200(D), the following vehicle dealers have approvals to sell and repair Vehicles-Motorcycles and Vehicle-Recreational without a Conditional Use Permit and are covered under this code section: 1. Simi Valley Cycles located at 2902 East Los Angeles Avenue. 2. Simi Valley Honda located at 4346 East Los Angeles Avenue. 3. Kawasaki of Simi Valley located at 4821 East Los Angeles Avenue.

Residential care facilities located in the Commercial Office zone shall only be located on lots meeting the following standards:

A.

The lot on which the facility is located shall have no frontage along a public street; and

B.

The lot on which the facility is located shall be a minimum of one-half acre in size.

(§ 4 (part), Ord. 1107, eff. February 9, 2007)

9-44.215 - Single Room Occupancy (SRO) Development Standards

1.

Unit Size. SRO units shall be no less than 250 square feet and no more than 450 square feet in size.

2.

Kitchens and Bathrooms. Each SRO unit shall include a private kitchen and bathroom.

3.

Rental Duration. The rental of any SRO unit must be for a period of 30 days or longer.

4.

Affordability. Applications for SROs shall include proposed rental rates of all unit types.

5.

Operations, Management and Security. Submission of preliminary information describing the operational, management and security aspects of a project is required along with a Conditional Use Permit (CUP) application. This includes, but is not limited to:

a.

Description of general operations;

b.

24-hour onsite management for projects with 16 units or more;

c.

Emergency procedures; and

d.

SRO Rental process and rates.

6.

Common indoor/outdoor recreation areas. A minimum of 300 square feet of common indoor and/or outdoor recreation area must be provided per project for projects with 10 units or less, and a minimum of 300 square feet of common indoor and/or outdoor recreation area per project, plus 15 square feet per unit for projects larger than 10 units. Recreation areas include, but are not limited to: recreation rooms, rooftop terraces, courtyards, pools, sports courts, playgrounds with play equipment, picnic areas with barbeques, tables, and seats. Common areas can be divided into multiple usable areas.

7.

Parking. Parking for SRO units shall be as follows:

8.

Reciprocal Parking Agreement. A Reciprocal Parking Agreement shall be submitted with the Conditional Use Permit application for any shared parking agreement with commercial uses within the same, or adjacent, or across the street parcels that have surplus parking or when the shared parking does not conflict with the business hours of the subject property that is providing the shared parking. The Reciprocal Parking Agreement must allow residents and owners of the SRO property to be granted access over and upon certain entries, roadways and parking spaces of the providing property owner. The Reciprocal Parking agreement must further provide perpetual access for parking (unless otherwise agreed by the property owners) and must run with the land. The application must be accompanied by a shared parking analysis prepared by a qualified transportation planner/engineer and shall be approved by the Planning Commission.

9.

One loading zone for Single Use Occupancy (SRO) projects is required and must be 11 feet in width by 27 feet in length. This area can be utilized for resident pick-up and drop-off when not in use for truck loading.

10.

Bicycle Parking. Covered, secure bicycle parking must be provided at a ratio of one bicycle parking space for every 3 units.

11.

Trash/Recycling Enclosures. Trash/recycling enclosures shall be provided in accordance with Section 9- 35.050.

Each SRO unit must be provided with a minimum 30 cubic foot storage closet within the unit or a storage locker within the building, carport, garage parking area, or accessory structure.

(§ 2 (Exh. A), Ord. No. 1323, eff. August 26, 2021)

A.

Development Standards. Accessory residential structures shall comply with the following:

1.

Height, setback, and lot coverage requirements of SVMC Sections 9-24 and 9-30.

2.

Standards listed in subsections B and C of this chapter.

3.

City-adopted Simi Valley Residential Design Guidelines for Accessory Structures. The Environmental Services Director has the authority to establish, and from time to time, approve modifications to the Residential Design Guidelines for Accessory Structures. The City will publish such design guidelines and make them available to the public and any applicant.

4.

Accessory structures shall not cumulatively cover more than 40 percent of any required yard and shall maintain a minimum six (6) foot separation from all on-site structures.

B.

Size Limits. Accessory residential structures are limited to the following sizes:

1.

For the purpose of this section, the square footage of the primary structure shall be defined as the sum of the square footage of the first story of the structure and any attached garages, excluding any attached patios or porches.

2.

On lots less than one acre in size, each accessory residential structure shall not be larger than 30 percent of the square footage of the primary structure as defined in subsection B.1 up to a maximum of 1,200 square feet. The maximum size of an accessory residential structure may be increased beyond the 30 percent limit up to 2,000 square feet in compliance with Section 9-52.030 Administrative Actions.

3.

On lots of one acre or more, each accessory residential structure shall not exceed 30 percent of the square footage of the primary structure as defined in subsection B.1 up to a maximum of 2,000 square feet. The maximum size of an accessory residential structure may be increased beyond the 30 percent limit, up to 2,000 square feet in compliance with Section 9-52.030 Administrative Actions, and beyond 2,000 square feet in compliance with Section 9-52.070 Conditional Use Permits.

4.

On properties within an Animal Overlay Zone (A), (H), (L), each accessory residential structure shall not exceed 2,000 square feet. On lots of one acre or more in size and within an Animal Overlay Zone, the maximum size of an accessory residential structure may be increased beyond 2,000 square feet in compliance with Section 9-52.070 Conditional Use Permits.

C.

Number of Accessory Structures.

1.

On lots less than one acre in size, accessory residential structures 1,200 square feet or more are limited to a maximum of two (2) structures per lot, inclusive of ADUs.

2.

On lots of one acre or more, accessory residential structures 1,200 square feet or more are limited to a maximum of two (2) structures per acre, inclusive of ADUs.

3.

When calculating the maximum number of accessory structures, natural slope areas exceeding 20 percent are excluded from the calculation of total lot area.

Table 1 - Development Standards for Residential Accessory Structures

• The square footage of the primary structure shall be defined as the sum of the square footage of the first story of the structure and any attached garages, excluding any attached patios or porches (SVMC § 9- 44.220).

** Exclusive of two-unit developments as described in SVMC § 9-24.080.

(§ 3(Exh.A), Ord. No. 1355, eff. April 15, 2024)

Chapter 9-46 - Telecommunications*

• Sections 9-46.010 through 9-46.030, repealed by § 1, Ordinance No. 1103, effective November 23, 2006.

(§ 5, Ord. 1085, eff. January 6, 2006; repealed by § 1, Ord. 1103, eff. November 23, 2006)

9-46.020 - Standards for Wireless Facilities

(§ 5, Ord. 1085, eff. January 6, 2006; repealed by § 1, Ord. 1103, eff. November 23, 2006)

(§ 5, Ord. 1085, eff. January 6, 2006; repealed by § 1, Ord. 1103, eff. November 23, 2006)

9-46.040 - Standards for Antennas (Other than Wireless Telecommunications Facilities)

A.

Height.

1.

Antennas, accessory. All transmitting or receiving antennas including satellite television antennas, intended for private, non-commercial uses and accessory to a principal use on a site are subject to the other standards in this Chapter.

a.

Residential. Satellite television receiving antennas shall not exceed an overall height of 15 feet above grade. Other television antennas, either freestanding, attached or roof-mounted shall not exceed a height of 30 feet above the roof ridge of the dwelling. Radio antennas (e.g., citizens band or amateur radio) shall not exceed an overall height of 75 feet above grade unless a Conditional Use Permit is approved.

b.

Commercial/Industrial. The height limit for accessory antennas shall be as specified by the approval for the principal use on the site not to exceed the height limit for the applicable zoning district.

2.

Antennas, principal. The height of all transmitting or receiving antennas intended as a principal use or for commercial purposes shall be as specified by a Conditional Use Permit.

B.

Location.

1.

Satellite television antennas for residential uses shall be located only in the rear of a lot and shall not cover more than 40 percent of the required rear yard area in aggregate with any other rear yard projection. Upon a showing by the applicant that a usable satellite signal cannot be obtained from such rear yard area, the antenna may be located on an interior (non-street side) side yard of the property provided that in all cases a zoning clearance is obtained prior to such installation.

2.

Grounded radio antennas and standard television antennas, either freestanding or attached, shall not be sited in any required front, corner or side yard. Such antennas shall not cover more than 40 percent of the required rear yard area in aggregate with any projection.

C.

Screening. All antennas shall have the supporting structure screened to a height of six feet above grade by use of landscaping or walls to reduce visual impacts on surrounding properties and public streets.

D.

Construction. All antennas and the construction and installation thereof shall conform to applicable City Building and Electrical Codes and shall meet all manufacturers' specifications, be of noncombustible and corrosion-resistant material, and be erected in a secure, wind-resistant manner. Satellite television antennas shall not exceed a diameter of 12 ½ feet.

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

Article 5 - Land Use and Development Permit Procedures

Chapter 9-50 - Application Filing and Processing

This Chapter provides procedures and requirements for the preparation, filing, and processing of applications for the land use permits required by this Development Code.

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

Table 5-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit, and other approvals required by this Development Code.

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

When a project requires a concurrent legislative action, such as a General Plan Amendment or a Zoning Map Amendment, as well as one or more permits under this Chapter, the final decision shall be made by the Council on all of the components, after a recommendation by the Commission.

TABLE 5-1 - REVIEW AUTHORITY

Notes:

(1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decisionmaking body, in compliance with Chapter 9-76 (Appeals); and "Issued" means the Director is authorized to grant the nondiscretionary permit.

(2) The Director may defer action on permit applications and refer the items to the Commission for the final decision.

(3) Projects including affordable units are recommended to the City Council by the Planning Commission.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1139, eff. February 9, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012, and § 4 (Exh. A), Ord. No. 1207, eff. March 28, 2013)

The preparation and filing of applications for land use permits, amendments (General Plan, Development Code, and Zoning Map), and other matters pertaining to this Development Code shall comply with the following requirements.

A.

Preapplication review.

1.

A prospective applicant or agent is strongly encouraged to request a preapplication review with the Department before completion of project design and the formal submittal of a permit application.

2.

A request by an applicant for preapplication review, accompanied by preliminary project plans and designs and the required filing fee, will be reviewed by affected City departments and other selected agencies.

3.

The reviewing City staff members will identify specific requirements as they apply to the proposed development project, provide a preliminary list of issues that will likely be of concern during formal application review (e.g., degree of compliance with the General Plan and this Development Code), suggest possible alternatives or modifications to the project, identify additional required information, and indicate probable environmental reporting requirements under CEQA.

4.

When the preapplication review is completed, the City staff will send the applicant a written report which will include a specific evaluation of the proposed project, primarily focusing on the issues identified in Subsection (A)(3), above.

5.

Neither the preapplication review nor information or pertinent policies provided by the Department shall be construed as a Department recommendation for approval or disapproval of the application or project.

B.

Application, contents and fee.

1.

Applications shall be filed with the Department.

2.

An application shall not be accepted for filing and processing unless it conforms to the requirements of this Development Code and the information required by the Department for the specific type of application (e.g., Conditional Use Permit, Planned Development Permit, Variance, etc.), contained in a complete and accurate form the required materials and information prescribed by the forms supplied by the Department, and is accompanied by the appropriate fee(s) required by the City's Schedule of Service Charges.

3.

The content of applications shall be determined by the Department and as identified in Chapter 9-52 (Permit Review, and Approval or Disapproval). Site plans and elevations in color, floor plans, and samples of exterior building finishing materials may be required as part of the permit application.

C.

Eligibility, filing. All land use permit and other applications required by this Development Code shall be made by:

The owner of the subject property;

2.

A person authorized by the property owner to file the application on behalf of the subject property owner; or

3.

The Director, upon initiation by the Council.

D.

Filing date. The filing date of an application shall be the date on which the Department receives the last submission, map, plan, or other material required as a part of that application by Subsection A, in compliance with Section 9-50.060 (Initial Application Review) and deemed complete by the Director.

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

A.

Filing fees required.

1.

The Council shall, by resolution, establish a schedule of fees for amendments, entitlements, and other matters pertaining to this Code, referred to as the City's Schedule of Service Charges.

2.

The schedule of fees may be changed from time to time only by resolution of the Council.

3.

The City's processing fees are cumulative. For example, if an application for a Parcel Map also requires a Variance, both fees shall be charged.

4.

Use of independent consultants.

a.

The City staff may, after conferring with the applicant and with the approval of the City Manager, refer any application to an independent and qualified consultant for review and evaluation of those issues deemed to be beyond the expertise of City staff.

b.

The costs for all consultant work shall be borne by the applicant with joint concurrence of the applicant and City Manager and are independent of the fees paid to the Department for processing of the requests.

5.

Processing shall not commence on an application until all required fees and deposits have been paid.

6.

Without the application fee, or a deposit if appropriate, the application shall not be deemed complete.

7.

The City is not required to continue processing any application unless additionally required fees and deposits (e.g., additionally required "real cost" deposits) are paid in full.

8.

Failure to pay the applicable fees or deposits is grounds for disapproval of the application.

B.

Fee exemptions. A filing fee shall not be charged or collected for any application or appeal filed by:

1.

A Council Member, when the application or appeal has been signed by at least two Council Members;

2.

A Commissioner, when the application or appeal has been signed by at least two Commissioners; or

3.

The City Manager (or designee).

C.

Refunds. Recognizing that filing fees are utilized to cover City costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds due to a disapproval are allowed.

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

All applications filed with the Department in compliance with this Development Code shall be initially processed as follows.

A.

Completeness review. The Director shall review all applications for completeness and accuracy before they are determined to be complete in compliance with Section 9-50.040(B) (Application contents and fee),

above.

1.

Notification of applicant.

a.

No later than 30 days of the filing date of the application (as defined in Section 9-50.040(D), the City shall determine in writing whether the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided to make the application complete. The City shall immediately transmit the determination to the applicant.

b.

Failure of the Director to respond within 30 days of submittal of an application with a determination as to completeness shall be deemed a determination that the application is complete.

c.

If an applicant is notified that a submitted application is incomplete, the time used by the applicant for preparation and submittal of the required additional information shall not be considered part of the period within which the Director shall complete the determination of completeness.

d.

Submittal of the additional Director-requested information shall establish a new 30-day period for a determination of completeness.

2.

Waiver of content.

a.

The Director may find that unusual characteristics of a project site or the nature of a project make it infeasible or unnecessary for the applicant to submit all of the information for an application required by this Development Code.

b.

In these cases, the Director may waive or reduce the content requirements if it is also found that the absence of the information will not reduce the ability of the Director to evaluate the compliance of the proposed project with the standards of this Development Code.

3.

Appeal of determination of completeness.

a.

Appeal of Director's determination.

(1)

If the Director determines that an application is incomplete, the applicant shall have the right to appeal that determination to the Commission by submitting a letter to the Commission within 14 days of the notice of incompleteness, in compliance with Chapter 9-76 (Appeals).

(2)

The applicant's letter shall clearly state the reasons why the applicant believes the application is complete.

(3)

Appeals included within this Subsection may also include appeals where it is alleged by the appellant that the Director erred in refusing to accept or process an application for failure to pay outstanding fees and charges in compliance with the City's Schedule of Service Charges. In hearing and deciding an appeal of the Director's determination, the Commission shall consider the correctness of the amount of the outstanding fee or charge, and whether the fee or charge is owed by the appellant, if the issues are raised by the appellant.

b.

The Commission shall make a decision on the appeal of the Director's determination.

c.

The applicant shall have the right to appeal the Commission's decision to the Council by submitting a letter to the City Clerk within 14 days of the Commission's decision.

d.

The Council shall make a decision on the appeal of the Commission's decision.

4.

Environmental information. The Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 9-50.070 (Environmental Assessment), below.

5.

Application deemed withdrawn. If the applicant does not provide the additional information required in compliance with Subsection (A)(1), above, within 90 days after the date of the letter requesting the additional information, the Director may consider the application withdrawn if the Director determines that reasonable progress toward completion of the application has not occurred, unless an appeal of the Director's determination has been filed in compliance with Chapter 9-76 (Appeals). Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials that are required for any project on the same site.

Violations on the site.

a.

The Director shall not find the application complete, and shall not process or approve the application, if conditions exist on the site in violation of this Development Code or any permit or other approval granted in compliance with this Development Code, except for an application for a permit or entitlement that includes correction of the violation.

b.

The Director's authority under this Subsection shall apply whether:

(1)

The current applicant was the owner of the subject property at the time the violation occurred; or

(2)

The applicant is the current owner of the subject property with or without actual or constructive knowledge of the violation at the time of acquisition of the subject property.

c.

The Director's decision may be appealed in compliance with Chapter 9-76 (Appeals).

B.

Referral of application. At the discretion of the Director, or where otherwise required by this Development Code, State, or Federal law, any application filed in compliance with this Development Code may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

C.

Development Advisory Committee meeting. Before an application is deemed complete by the Director, a Development Advisory Committee (DAC) meeting may be held among various governmental agencies (City Departments, Fire District, School District, Recreation and Parks District, etc.) to review the application with the applicant. This meeting may result in recommendations by affected public agencies for changes to the application.

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

A.

Review under CEQA. After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA) and the Simi Valley Environmental Review Guidelines.

B.

Level of environmental assessment. The City shall evaluate the proposed project to determine the level of environmental assessment which will be required under CEQA.

1.

If the project requires a Negative Declaration (ND) or Mitigated Negative Declaration (MND), that work shall be conducted by the City staff as part of its initial study of the application.

2.

The requirement for an Environmental Impact Report (EIR) may necessitate the employment of an independent and qualified consultant under the direction of the Deputy Director/City Planner with costs to be borne by the applicant.

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

Chapter 9-52 - Permit Review, Approval, Disapproval or Modification

A.

Permit review procedures. This Chapter provides procedures for the final review, and approval or disapproval of the land use permit applications established by this Development Code.

B.

Subdivision review procedures. Procedures and standards for the review and approval of subdivision maps are found in Article 6 (Subdivision Procedures).

C.

Application filing and initial processing. Where applicable, the procedures of this Chapter are carried out after those described in Chapter 9-50 (Application Filing and Processing), for each application.

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

A.

Purpose of Chapter.

1.

Procedure. This Section provides a procedure for issuing Zoning Clearances which are used to verify that a proposed land use activity or structure complies with all of the allowed list of activities and development standards applicable to the category of use or the zoning district of the subject parcel.

2.

Compliance. Where Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) requires a Zoning Clearance as a prerequisite to establishing a land use or structure, the Director shall evaluate the proposed use or structure to determine whether a Zoning Clearance may be issued in compliance with Title 9 of the SVMC.

B.

Applicability.

1.

An application for a Zoning Clearance shall be filed in compliance with the following:

a.

A clearance for the use of vacant nonresidential land or structure(s) shall be filed at least 14 days before the intended use inauguration;

b.

A clearance for a structure which is to be erected or remodeled shall be filed in conjunction with the companion Building Permit application; and

c.

No person shall alter, install, occupy, or use any newly constructed or modified structure, or change or occupy any newly initiated or modified use, or type or class of use, except for a single-family dwelling, without first applying for and obtaining the required Zoning Clearance.

2.

An application for a Zoning Clearance shall be required for the following:

a.

To allow a "reconfiguration" of an architectural feature which does not modify the previously approved theme or plan for an approved development project;

b.

To allow the movement, of up to five feet, of the approved building footprint within the buildable area of a project site for an approved development project;

c.

To allow the replacement of one approved model floor plan (e.g., model home) with another approved model floor plan, on an approved map or site plan, as long as the replacement floor plan was for the same, or less, number of stories;

d.

To allow restriping of a parking lot which does not decrease the number of parking spaces required for an approved development project;

e.

To allow color and material board changes that are consistent with the original approval for a completed residential, commercial, or industrial development project;

f.

To allow the addition of accessory structures (up to a maximum of 150 square feet total for all accessory structures) to an approved commercial or industrial development project;

g.

To allow the adjustment or expansion of a building footprint not to exceed 10 percent of the existing (or previously approved) footprint, or 1,000 square feet, whichever is less;

h.

For projects over 10 acres, if the final grade of a grading plan, or the final grade as a result of an adjustment in the field, differs from what the applicable review authority approved by no more than one foot in the exterior when located adjacent to existing development, and by no more than three feet on the interior, the grading may be approved by a Zoning Clearance, subject to confirmation by the City Engineer that the above identified criteria have been met; and

i.

For projects 10 acres or less, if the final grade of a grading plan, or the final grade as a result of an adjustment in the field, differs from what the applicable review authority approved by not more than one foot on the interior or exterior of the project, the grading may be approved by a Zoning Clearance, subject to confirmation by the City Engineer that the above identified criteria have been met;

j.

To allow the introduction of a new model floor plan (e.g., model home) to an approved residential development project;

k.

To allow outdoor storage accessory to an existing permitted use, within the CI, CPD, CR, LI, and GI Zones, pursuant to Section 9-44.110 (Outdoor Storage);

l.

If the request exceeds the above listed thresholds, an Administrative Action would be required, in compliance with Section 9-52.030;

m.

To allow construction of one single-family, detached dwelling unit on one lot; and

n.

To allow the modification of up to 10% of a developed site's landscaping or the removal of up to 2 trees, per calendar year, whichever is greater.

o.

To allow beekeeping in the RMod, RM, RL, RVL, RE, and OS Zones on lots up to three acres that have the A (Farm Animal), L (Limited Farm Animal), and H (Horse) overlay zoning districts, or on lots of 10,000 square feet to three acres that are outside the A, L, and H overlay zoning districts, when the Director finds the use is consistent with the standard in Section 9-44.060.D.1.

o[p].

To allow the addition of a roofed or unroofed outdoor dining area as an accessory use to an existing restaurant or food retailer where the outdoor dining area is not more than 50 percent of the gross floor area of the existing restaurant or food retailer and is not located within 50 feet of any residential zone.

3.

An application for a Zoning Clearance shall not be required for the following:

a.

A change in color or material on a completed single-family residence;

b.

Allowed crop growing where no structures are involved;

c.

Allowed household animals;

d.

Uncovered patios, paving, and uncovered decks, when constructed no more than 30 inches above the surrounding finished grade;

e.

Paving in the side and rear yards (a Zoning Clearance is required for paving in the front yard and the parkway); and

f.

Fences or walls six feet or less in height, except when located within the required front yard setback and is over 42 inches in height.

4.

Review authority. The Director shall issue (sign-off) the Zoning Clearance after first determining that the proposed development or improvement would:

a.

Comply with all of the applicable provisions, requirements, and standards for the category of use and the zoning district of the subject parcel;

b.

Be in full compliance with all previously issued conditions of approval;

c.

Be in full compliance with this Development Code and the Municipal Code;

d.

Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan; and

e.

Receive a supportive recommendation by the City Engineer, regarding a final grade as identified in Subsection (2)(i), above.

5.

All applicants for Zoning Clearances shall comply with and adhere to the terms, plans, and conditions of the clearance, including what is shown on any submittals provided by the applicant. Any variation or deviation in any use or what is constructed from such terms, plans, and conditions shall be a violation of the Simi Valley Municipal Code and subject to enforcement pursuant to Section 9-78.040 of this Chapter.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1110, eff. April 6, 2007; § 2, Ord. 1126, eff. March 13, 2008; and § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 3 (Exh. A), Ord. No. 1278, eff. December 14, 2017; § 2 (Exh. A), Ord. No. 1322, eff. July 8, 2021; § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021 and § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022)

9-52.030 - Administrative Actions

A.

Purpose. This Section allows for Administrative Actions which authorize the Director to approve minor requests that have historically resulted in no, or very minimal, impacts on adjacent structures and the

surrounding neighborhood if implemented in compliance with the provisions, requirements, and standards of this Development Code.

B.

Applicability and findings. An application for an Administrative Action shall be required for the following, and subject to the criteria and findings specified herein:

1.

To allow the addition of a small outdoor recycle collection facility, when the Director finds:

a.

The facility is in conformance with the definition of a Collection Facility for Recyclable Materials (Small), per Section 9-80.020;

b.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

c.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

2.

To allow those uses that require a Conditional Use Permit, within existing spaces of 3,000 square feet of total gross floor area or less, when the Director finds:

a.

The use is situated entirely within a structure approved with a Planned Development Permit or Conditional Use Permit;

b.

For vehicle related uses, no vehicle access roll-up doors are facing the street or residential areas;

c.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

d.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

To allow an addition or reduction to a building(s), allow the movement of a building footprint, and/or allow elevation, floor, site and/or landscape plan change(s), for an approved residential, commercial, or industrial development, when the Director finds:

a.

The change(s) or substitution(s) are consistent with the approved design theme of the project and Cityadopted design guidelines;

b.

The change is within the existing buildable pad area of project site;

c.

The change does not exceed 25 percent of the project's gross square footage or landscaped area, and removal of up to ten (10) trees, per calendar year, whichever is greater;

d.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

e.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

4.

To allow the addition of an accessory structure(s), within an approved multi-family residential, commercial, or industrial development project, when the Director finds:

a.

The accessory structure is consistent with the design theme of the project and City-adopted design guidelines;

b.

The accessory structure is within the buildable area of existing project site;

c.

The accessory structure does not exceed 25 percent of the principal building's gross square footage, up to maximum of 2,500 square feet;

d.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

e.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

5.

To allow the addition of a roofed or unroofed outdoor dining area as an accessory use to an existing restaurant or food retailer where the outdoor dining area is 1,500 square feet or less and is located within 50 feet of any residential zone or is located within a Mixed Use Zone. A public hearing will be required.

6.

To allow the size of an accessory residential structure to be increased beyond 30 percent of the primary structure as defined in SVMC Section 9-44.220.B, up to 2,000 square feet when the Director finds:

a.

The accessory structure is in conformance with all subsections of SVMC Section 9-44.220- Residential Accessory Structures;

b.

The accessory structure is consistent with the City-adopted Simi Valley Residential Design Guidelines for Accessory Structures;

c.

The proposed project qualifies for an exemption under the California Environmental Quality Act; and

d.

The proper standards and conditions have been imposed which protect the public health, safety, and welfare.

C.

Application requirements. An application for an Administrative Action shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review authority. The Director may grant an Administrative Action, or may defer action and refer the application to the Commission.

E.

Project review, notice and hearing.

Each Administrative Action application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

2.

Administrative Actions that do not substantially affect any property rights of others may be approved by the Director, without a public hearing. However, Appeals of Administrative Action decisions require a noticed public hearing.

3.

The Director shall conduct a public hearing, unless exempted by Subsection (E)(2), immediately above, on an application for an Administrative Action before the approval or disapproval of the permit.

4.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

F.

Decision. Following a public hearing (if applicable), the Director may approve, conditionally approve, or disapprove an application for an Administrative Action if the Director makes the applicable findings.

G.

Conditions of approval. In approving an Administrative Action, the Director may impose additional conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection B (Applicability and Findings), above.

H.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on an Administrative Action application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 3 (Exh. A), Ord. No. 1278, eff. December 14, 2017 and § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021, and § 3(Exh.A), Ord. No. 1355, eff. April 15, 2024)

A.

Purpose. This Section provides a process for approving a Cluster Development Permit which is intended to:

1.

Provide a method for the development of residential acreage resulting in a more efficient use of land and a better living environment than is otherwise possible through strict application of the residential development standards identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards);

2.

Encourage preservation of natural terrain and open space and utilization of greater and more unified open space, especially on hillsides, than is otherwise possible through strict application of the setback and parcel width standards identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards);

3.

Encourage a variety of dwelling types, sizes, and site designs (e.g., zero lot line developments); and

4.

Ensure development which meets high standards of environmental quality, public health and safety, and the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan.

B.

Applicability.

1.

A Cluster Development Permit may be applied for in-lieu of a Planned Development Permit only for residential projects which would result in a development project that is more desirable than could normally be accomplished with the standards identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) based on the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan.

2.

The front, side, interior, and rear setback standards and the minimum lot width standards of Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) shall not be applicable to property which has been granted a Cluster Development Permit where the property is maintained in conformance with the permit. Notwithstanding the applicability of a minimum side yard for a zero lot line or for any other single-family detached project, the sum of both side yards for any such single-family residential project shall add up to a minimum of 15 feet.

3.

The open space that is achieved by not developing to either the minimum standards for front, side, interior or rear setbacks and with the required minimum lot widths shall be made available for the enjoyment of project residents by providing the additional private or useable open space no more than 250 feet from the residential unit.

4.

For projects substituting a Cluster Development Permit for a Planned Development Permit, a Building or Grading Permit shall not be issued until the Cluster Development Permit has been approved in compliance with this Section.

C.

Application requirements. An application for a Cluster Development Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review authority. The Commission shall be the applicable review authority for Cluster Development Permits.

E.

Project review, notice and hearing.

1.

Each Cluster Development Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section. The Director shall submit a staff report and recommendation to the Commission for their consideration.

2.

The Commission shall conduct a public hearing on an application for a Cluster Development Permit before the approval or disapproval of the permit.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

F.

Findings and decision. Following a public hearing, the Commission may approve, conditionally approve, or disapprove an application for a Cluster Development Permit and shall record the decision and the findings upon which the decision is based. The Commission may approve a Cluster Development Permit only after first finding that: The Cluster Development Permit would:

1.

Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan;

Be in full compliance with this Development Code and the Municipal Code;

3.

Ensure consistency with applicable City-adopted design guidelines; and

4.

Ensure that the proper standards and conditions have been imposed which protect the public health, safety, and welfare, and preserve open space.

G.

Conditions of approval. In approving a Cluster Development Permit, the Commission may impose additional conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection F (Findings and decision), above.

H.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Cluster Development Permit application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009)

A.

Purpose. The purpose of this Section is to provide a process for approving a Planned Development Permit which is intended to:

1.

Provide a method whereby land may be designed and developed as a single unit by taking advantage of modern site planning techniques thereby resulting in a more efficient use of land and a better living environment than is otherwise possible through strict application of the development standards identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards); and

2.

Ensure development which meets high standards of environmental quality, public health and safety, the efficient use of the City's resources, and the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan.

B.

Applicability.

1.

A Planned Development Permit shall be required for:

a.

All residential development projects with two or more dwelling units; and

b.

All commercial and industrial development projects within the City identified in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), unless a Conditional Use Permit is required in compliance with Section 9-52.070.

2.

For projects requiring a Planned Development Permit, no Building or Grading Permit, or other City approval that permits physical dirt movement (including clearing and grubbing), construction, or development shall be issued until the Planned Development Permit has been approved in compliance with this Section.

3.

A Planned Development Permit may not authorize a land use activity that is not allowed in the base zoning district.

C.

Application requirements. An application for a Planned Development Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review authority. Planned Development Permits may be granted in compliance with the following and Table 5-2 (Planned Development Permit Review Authority):

1.

Director. The Director may grant Administrative Planned Development Permits, or may defer action and refer the application to the Commission; and

2.

Commission. The Commission may grant Planned Development Permits.

TABLE 5-2 - PLANNED DEVELOPMENT PERMIT REVIEW AUTHORITY

• Senior/Affordable Residential Projects to be approved by the City Council.

E.

Project review, notice and hearing.

1.

Each Planned Development Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section. A staff report and recommendation will be provided to the approval body for their consideration.

2.

When Commission action is taken, the Commission shall conduct a public hearing on an application for a Planned Development Permit before the approval or disapproval of the permit.

3.

Notice of any public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

4.

The Director's action on an Administrative Planned Development Permit shall not require a public hearing, if it is determined that the proposed project will not substantially affect any property rights of others.

F.

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

1.

Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan;

Be in full compliance with this Development Code and the Municipal Code;

3.

Ensure consistency with applicable design guidelines; and

4.

Ensure that the proper standards and conditions have been imposed which protect the public health, safety, and welfare.

G.

Conditions of approval. In approving a Planned Development Permit, the applicable review authority may impose conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, public infrastructure improvements, time limits, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection F (Findings and decision), above.

H.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Planned Development Permit application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2 (part), Ord. 1110, eff. April 6, 2007, and Exh. A, Ord. 1147, eff. August 20, 2009)

Editor's note— Ord. No. 1207, § 4 (Exh. A) adopted February 25, 2013, effective March 28, 2013, repealed § 9-52.060, which pertained to rehabilitation permits and derived from Ord. No. 1085, effective January 6, 2006 and Ord. No. 1147, effecitve August 20, 2009.

9-52.070 - Conditional Use Permits

A.

Purpose.

1.

Conditional Use Permits are intended to allow for activities and uses which may be desirable in the applicable zoning district and compatible with adjoining land uses, but whose effect on a site and its surroundings cannot be determined before being proposed for a particular location.

2.

A Conditional Use Permit is based on a discretionary decision required before initiation of a particular use.

The procedures of this Section provide for the review of the configuration, design, location, and potential impacts of the proposed use, to evaluate the compatibility of the proposed use with surrounding uses and the suitability of the use to the site.

4.

Conditional Use Permits:

a.

Are subject to site plan and design review and may be conditioned at the time of approval; and

b.

Shall be disapproved when found to be incompatible with surrounding uses, or may be properly conditioned in order to be approved.

B.

Applicability.

1.

Conditional Use Permit required. A Conditional Use Permit is required to authorize proposed land uses and activities identified by Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as being allowable in the applicable zoning district subject to the approval of a Conditional Use Permit.

2.

Combined permits.

a.

A proposed use which requires a Planned Development Permit and a Conditional Use Permit shall be combined into a single Conditional Use Permit.

b.

If the Conditional Use Permit is discontinued or expires, the Planned Development Permit may continue unless it is contrary to a requirement for the zoning district, location of the project, or a condition of the Planned Development Permit.

c.

Any expansion or change of use shall conform to the regulations of this Section, including the requirement for a new permit.

3.

Building or Grading Permits. For projects requiring a Conditional Use Permit, no Building or Grading Permit or other City approval that permits physical dirt movement (including clearing and grubbing), construction,

or development, shall be issued until the Conditional Use Permit has been approved in compliance with this Section.

C.

Application requirements. An application for a Conditional Use Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review authority. Conditional Use Permits may be granted in compliance with the following:

1.

The Director may:

a.

Grant an Administrative Conditional Use Permit for any use identified in Subsection E, below; or

b.

Defer action and refer the application to the Commission.

2.

Commission. The Commission may grant a Conditional Use Permit for any use listed in Article 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards) as requiring a Conditional Use Permit.

E.

Administrative Conditional Use Permits. Administrative Conditional Use Permits may be granted for only the following land use activities:

1.

To allow a use within a site covered by an approved Planned Development Permit, consisting of 3,001— 10,000 square feet of total gross floor area.

2.

To allow the leasing and rental of cars, light duty pick-up trucks, and vans (under 10,000 pounds of gross vehicle weight), and large trucks (10,000 pounds or more of gross vehicle weight), without drivers, in the CPD (Commercial Planned Development) and CI (Commercial Industrial) zoning districts. Parking of the rental vehicles shall not utilize more than 50 percent of the surplus (e.g., those spaces exceeding the required number of spaces) off-street parking spaces within a retail shopping center.

3.

To allow the addition of a roofed or unroofed outdoor dining area as an accessory use to an existing restaurant or food retailer where the outdoor dining area is in a Mixed Use Zone and is more than 1,500 square feet in size.

4.

To allow animal keeping, not otherwise allowed in the zoning district.

5.

To allow more than two beehives per property regardless of lot size.

F.

Project review, notice, and hearing.

1.

Each Conditional Use Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section. A staff report and recommendation shall be submitted to the applicable review authority for their consideration of a Conditional Use Permit.

2.

The review authority shall conduct a public hearing on an application for a Conditional Use Permit before the approval or disapproval of the permit.

3.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

G.

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

1.

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

2.

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

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

4.

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

5.

The proper standards and conditions have been imposed which protect the public safety, health, and welfare.

H.

Conditions of approval. In approving a Conditional Use Permit, the applicable review authority may impose conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, public infrastructure improvements, time limits, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection G (Findings and decision), above.

I.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Conditional Use Permit application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012; § 2 (Exh. A), Ord. No. 1322, eff. July 8, 2021 and § 2(Exh. A), Ord. No. 1327, eff. November 11, 2021)

9-52.080 - Temporary Use Permits

A.

Purpose. This Section establishes procedures:

1.

For the granting of Temporary Use Permits that allow limited-duration activities that may not meet the normal development or use standards of the applicable zoning district, but are acceptable because of their temporary nature; and

2.

Which identify the conditions under which these limited-duration agricultural, commercial, and civic activities may be conducted.

B.

Applicability. Temporary uses shall not be conducted, established, or operated in any manner without the approval and maintenance of a valid Temporary Use Permit in compliance with this Section.

C.

Exempt temporary uses. Only the following limited-duration activities are exempt from the requirement for a Temporary Use Permit:

1.

Garage sales; provided, the sales do not occur any more frequently than one three-day event in each 180day period. Garage sales occurring more frequently shall be considered a commercial retail sales business in a residential zoning district, which is prohibited.

2.

Nonprofit fundraising activities; provided, they have the permission of the subject property owner(s).

3.

Survey taking activities; provided, they have the permission of the subject property owner(s).

4.

Holiday Decorations not listed in Subsection (I)(5)(h) below.

D.

Allowed temporary uses. The following temporary uses may be allowed, subject to the operational standards in this Subsection H (General standards), below, and the issuance of a Temporary Use Permit by the Director:

1.

Agricultural produce stands;

2.

Cargo containers;

3.

Caretaker dwellings where the duration of the use is six months or less;

4.

Construction yards and offices;

5.

Group assembly activities not subject to Municipal Code Title 5 Chapter 17 (e.g., carnivals, concerts, fairs, rodeos, shows and sports events);

6.

Limited sidewalk sales or displays (public or private), extensive promotional activities, and holiday seasonal sales (e.g., auctions, Christmas tree sales, displays of merchandise, grand opening events, promotion/advertisement of business services, sidewalk sales, temporary amusements, temporary animal clinics, and the promotional use of searchlights or other similar material);

7.

Real estate sales offices and model homes;

8.

Temporary residence during construction, (recreational vehicle or mobile home used as a temporary dwelling on a single-family parcel for the owner of the site while constructing a single-family dwelling);

9.

Communications testing equipment; and

10.

Mobile food vendors.

E.

Application requirements.

1.

A Temporary Use Permit, in lieu of a Zoning Clearance, shall be required for all temporary uses listed in this Section. Affected City departments or divisions shall comment on the application. Temporary uses may be subject to additional permits or inspections required by applicable local, State or Federal requirements.

2.

An application for a Temporary Use Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing).

3.

The application shall be submitted at least 10 days before the beginning of the proposed use, unless otherwise provided in this Section.

F.

Review authority. The Director may grant a Temporary Use Permit, or may defer action and refer the application to the Commission.

G.

Project review, notice and hearing.

1.

Each Temporary Use Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

2.

A public hearing shall not be required for the Director's decision on a Temporary Use Permit, unless otherwise required by this Section.

H.

General standards (regulations). Standards for floor areas, heights, landscaping, parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject site shall be used as a guide for determining the appropriate development standards for a temporary use. See Subsection I (Use-specific standards), immediately below for the use-specific standards that are applicable to specified temporary uses/activities. The following general standards shall apply, as applicable to the temporary use/activity:

1.

Burden of proof. The degree of proof to qualify for a permit is by a preponderance of the evidence and the burden of proof is upon the applicant.

2.

Set up time. The set up time authorized by the Director shall not exceed seven days.

3.

Not on required parking spaces. The activity shall not be located on required on-site parking spaces.

4.

Ensure clean-up. A bond or cash deposit, in the amount specified by ordinance or resolution, shall be deposited with the City for operations that occur on vacant or undeveloped sites, to ensure clean-up, in compliance with Section 9-52.030(H) (Performance Guarantees). Activities (e.g., cargo containers) located in a fully developed retail shopping center shall be exempt from this bonding requirement.

5.

Group assembly activities. All applicants for group assembly activities subject to SVMC Title 5, Ch. 17, shall submit a completed Special Events application before the issuance of a Temporary Use Permit.

6.

Prevention of dust. All unimproved parking areas and main walk areas shall be kept damp or shall be covered with a material to prevent the raising of dust (undeveloped land only).

7.

Offsite tracking of dirt. The activity shall not result in the tracking or runoff of dirt onto public streets, storm drain facilities, or other property. Where the activity is requested on unimproved land and vehicular access is required, that access shall be treated to the extent necessary to preclude tracking and runoff of dirt. An encroachment permit is required for any such work in the public right-of-way.

8.

Removal of materials and structures associated with the temporary activity. All sites shall be completely cleaned of cargo container(s), debris, hanging display(s), sign(s), and temporary structures within five days after the termination of the activity. Failure to do so shall result in the forfeiture of the bond or cash deposit, if any, in addition to any other remedy provided by law.

9.

Sanitary facilities. Sanitary facilities, either portable or permanent, shall be made available to all employees, attendants, and participants of the activity during its operational hours, as approved by the Director.

10.

Signs. Except as otherwise provided in this Section, signs shall be in compliance with the provisions for temporary signs. Exceptions to the temporary sign provisions shall be only as follows:

a.

Flags, pennants, streamers, and similar forms of hanging displays (but not banners) may be displayed from the roof of a structure or elsewhere on-site, but not above the roof line; provided, each flag shall not exceed 50 square feet, each streamer shall not exceed eight square feet, and no individual other form of hanging display shall exceed four square feet;

b.

All group assembly activities, whatever their duration, shall not be regulated regarding the number of onsite signs; and

c.

A separate fee or separate application fee or separate application for the hanging display(s) or sign(s) shall not be required.

11.

Specified zoning districts. All activities shall be limited to their specified zoning districts. A TUP may only be issued for activities allowed in the underlying zoning district. If the use requires a CUP, it may not be authorized with a TUP, until the CUP is issued.

Use of public rights-of-way. No area of public right-of-way may be used without obtaining approval from the Director, Chief of Police, and Director of Public Works, and receiving an Encroachment Permit from the City Engineer. Construction offices/trailers shall not be permitted on any roadway, public or private, or at the immediate end of an unfinished roadway, unless public access is physically prohibited within 500 feet.

13.

Violation of regulation(s). If a permittee violates any regulation of this Section, the permittee and property subject to the permit are ineligible for a Temporary Use Permit for 12 months after the expiration of the permit.

14.

Other permits required. Temporary uses may be subject to additional licenses, inspections, or permits required by applicable local, State or Federal requirements.

I.

Use-specific standards. The following use-specific standards shall apply, as applicable to the temporary use/activity:

1.

Agricultural produce stands.

a.

Allowed locations. Any zoning district.

b.

Maximum floor area. 400 square feet.

c.

Duration. The permit shall expire no later than 12 months after issuance.

d.

Termination. The temporary stands shall be removed when not used for a period of 30 consecutive days.

e.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

2.

Cargo containers. The temporary use of cargo containers shall be allowed only in compliance with the following, as well as those identified in Subsection 3, below.

a.

The cargo containers may:

(1)

Be allowed for holiday seasonal sales in conjunction with a Temporary Use Permit for extensive promotional activity;

(2)

Be allowed in conjunction with a valid Building Permit; provided, the containers are located on or immediately adjacent to the development site; or

(3)

Be allowed for the purpose of moving goods and/or temporary storage. One container may be allowed for a maximum period of 28 days, per calendar year. The maximum allowed size of the container shall be 8 ft. x 16 ft. (128 sq. ft.), and shall not encroach into the public right-of-way.

b.

Cargo containers are not allowed if their presence would impede traffic circulation, reduce parking spaces below the minimum number required (if applicable), are visible from any public street or right-of-way, except during allowed construction activity, or impair public health or safety.

c.

Separate application and fee not required. A separate Temporary Use Permit application and fee shall not be required for temporary cargo containers used only during allowed construction activities in conjunction with a valid Building Permit.

3.

Construction yards, offices, and additional conditions for cargo containers.

a.

Allowed locations. Any zoning district, provided that the yards, offices, and cargo container(s) are located on or immediately adjacent to the site of development.

b.

Duration. During the construction of a project with a valid Building Permit or a phase of a project, and until 60 days thereafter.

c.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

d.

Caretaker. One adult caretaker may reside on the site during non-construction hours; provided, suitable sanitary facilities are available to the individual.

4.

Group assembly activities.

a.

Allowed locations. Any zoning district.

b.

Parking. One off-street parking space per 100 square feet of property used if not in a shopping center or no reciprocal parking is available, in compliance with Chapter 9-34 (Parking and Loading Standards).

c.

Duration. No permit shall last longer than six days.

d.

Hours of operation.

(1)

Residential zoning districts: 7:00 a.m. to 10:00 p.m., except on Fridays and Saturdays to midnight with the approval of the Chief of Police; and

(2)

All other zoning districts: as determined by the Director in compliance with codified standards.

e.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

f.

Group assembly activities exceeding six days.

(1)

All of the above listed provisions shall apply to this Subsection except for Subsection (I)(4)(c) (Duration), above.

(2)

The application shall be submitted at least 45 days before the onset of the activity to allow for adequate review; and the application shall be signed by the owner of the property or the possessor of a valid power of attorney. Failure to comply with either requirement shall result in disapproval of the permit.

(3)

A public hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

(4)

The permit may be issued with or without conditions at the discretion of the Director when findings are made after a site plan review that:

(a)

The activity complies with Section 5-4.01 of the Municipal Code;

(b)

The location is reasonably proportioned and of adequate size for the proposed use; and

(c)

The activity and its location are not detrimental to the health, safety, or welfare of the general public, persons working or residing in the area, or injurious to property in the area.

Failure to make all of the required findings shall result in the disapproval of the permit.

(5)

No permit shall last longer than 21 days.

5.

Limited sidewalk sales or displays, extensive promotional commercial activities, and holiday seasonal sales.

a.

Standards. The area shall not extend laterally beyond the store or building frontage or block the business or any other entrance. Display racks, rounders, tables, and similar displays shall be situated so that the merchandise will not infringe on a minimum four-foot wide aisle which shall be maintained unobstructed for pedestrians traversing the area between the merchandise and the entrance, and the street, parking lot, or driveway curb. The height of the merchandise displays shall not exceed six feet above grade, except for trees.

b.

Allowed locations. CC, CN, CO, CR, WESP-AI, WESP-CO, WESP-SR, and CPD zoning districts.

c.

Frequency.

(1)

A maximum of three limited sidewalk sales or displays for each business are allowed in any one calendar quarter; or

(2)

A maximum of one extensive promotional commercial activity and two limited sidewalk sales or displays are allowed for each business in any one calendar quarter; or

(3)

Up to four extensive promotional commercial activities (e.g., holiday seasonal sales) may occur in any one calendar quarter, provided, no more than a total of four extensive promotional commercial activities occur in one calendar year for each business.

(4)

For vacant parcels, the property owner shall be considered the business.

d.

Duration.

(1)

A limited sidewalk sale or display shall not exceed three consecutive days.

(2)

A single extensive promotional commercial activity shall not exceed 16 days.

(3)

Holiday seasonal sales or displays (e.g., Christmas trees or pumpkins) shall not commence more than 32 days before the legal holiday date or celebration date, if not a legal holiday. The sales may be limited sidewalk sales and/or a single extensive promotional commercial activity or extensive promotional commercial activities subject to the frequency limitations of this Subsection and as conditioned and/or approved by the Director.

e.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

f.

Parking. To be determined by the Director, in compliance with Chapter 9-34 (Parking and Loading Standards).

g.

Permits and fees. A Temporary Use Permit and associated fee are required from each applicant for limited sidewalk sales or displays and/or extensive promotional commercial activities. A permit shall be valid for

one quarter of the calendar year for a maximum of three events in that quarter or for up to four extensive promotional commercial activities in compliance with Subsection d (Duration), above, that are to all occur in only one quarter for the events as holiday sales.

h.

Other.

(1)

For all the limited sidewalk sales or displays or extensive promotional commercial activities, signs shall be per the provisions for temporary signs, in Chapter 9-37 (Signs). A separate fee or separate application for the sign(s) shall not be required.

(2)

Holiday seasonal sales are allowed two temporary signs, maximum size of 50 square feet each.

(3)

Cold air, hot air, inflated, pneumatic, or similar gas filled objects (hereinafter referred to in this Development Code as balloons), measuring two feet or less from the tip to the nozzle when inflated, shall not require a Temporary Use Permit when displayed in a cluster of six or less.

(a)

Balloons measuring greater than two feet in length from tip to nozzle when inflated, shall not be displayed.

(b)

However, balloons may be placed on the roof of the structure but the balloon shall be securely tethered to the roof and the balloon shall not exceed a height of 30 feet above the roofline. The lowest point of the balloon shall be in direct contact with the surface of the roof. There shall be no graphics, lettering, logos, wording, or other similar forms of communicative expression on the surface of any roof balloon.

(c)

Balloons shall not encroach into either the public right-of-way or delineated parking spaces.

(4)

Flags, pennants, streamers, and similar forms of hanging display used solely for commercial purposes, and not otherwise allowed, shall be displayed only in conjunction with a Temporary Use Permit regulating location and duration. At no time shall these forms of display encroach into the public right-of-way or designated customer parking spaces.

6.

Real estate sales offices and model homes.

a.

Accessory facility only. On-site temporary real estate sales offices, or temporary model home complexes, may be established only within the boundaries of a residential subdivision, as an accessory facility, for the limited purpose of conducting sales of parcels within the same subdivision.

b.

Off-site sales of parcels. Off-site sales or offers to sell off-site parcels or dwelling units, from any temporary office or trailer complex established in compliance with this Subsection shall not be allowed unless a Conditional Use Permit is first approved, in compliance with Section 9-52.070.

c.

Allowed zoning locations. Residential zoning districts for real estate offices and model homes.

d.

Off-site sales defined. Off-site parcels shall mean those parcels located outside the boundaries of a residential subdivision which subdivision contains an approved real estate sales office or model home complex, and which parcels are not located adjacent to or contiguous with that subdivision.

e.

Requirements. A temporary real estate sales office or model home complex established or maintained in compliance with this Subsection shall meet all of the following requirements:

(1)

An agreement and a cash deposit or surety bond in a form approved by the City Attorney in an amount sufficient to guarantee to the City the removal of the sales office or model home complex, or the restoration of the premises in conformity with the approved development plan and with the applicable provisions of this Development Code within 60 days after the last residence or parcel within the subdivision has been sold and escrow closed shall be required.

(2)

• Off-street parking shall be provided at the same ratio as required for offices in compliance with Chapter 9 34 (Parking and Loading Standards). In addition, one parking space for each sales person (employee) shall be provided.

(3)

Screening by fencing, landscaping, walls, or other methods shall be provided, subject to the approval of the Director.

f.

Conditions. A temporary real estate sales office or temporary model home complex may be constructed in advance of the filing of a Final Tract Map, subject to the following requirements:

(1)

The street plans for the entire tract shall be filed with and approved by the Director of Public Works.

(2)

Before the operation of the office or complex, all applicable State requirements (e.g., subdivision and real estate sales laws) shall be fulfilled.

(3)

Sales offices/trailers shall not be permitted on any roadway, public or private, or at the immediate end of an unfinished roadway unless public vehicular access is physically prohibited within 500 feet.

g.

Duration. The temporary real estate sales office and temporary model home complex as well as flags, pennants, streamers, and similar forms of hanging displays allowed under this Section may be maintained until all of the on-site parcels in the subdivision have been sold and the escrow closed.

7.

Temporary residence during construction. A recreational vehicle or mobile home may be used as a temporary dwelling on a single-family parcel for the owner of the site while constructing a single-family dwelling.

a.

Allowed location. On an owner's single-family parcel with the approval of a valid Building Permit and provision of electrical, sanitary and water connections.

b.

Duration. During the construction of the owner's single-family dwelling with a valid Building Permit, and until 30 days thereafter; provided, no temporary dwelling may be allowed during construction of a residence for longer than two consecutive years; and further provided, no additional temporary dwelling may be allowed on the premises until at least 12 months after expiration of the previous permit.

c.

Clean-up deposit. As specified in Subsection (H)(4) (Ensure clean-up).

8.

Communications testing equipment.

a.

Allowed locations. LI, GI, and CI zoning districts.

b.

Duration. No permit shall last longer than 12 months.

c.

Height of communications equipment. Maximum 25 feet.

d.

Parking and driveways. A minimum of two parking spaces plus additional parking for the building structure (based on one space for every 250 square feet). The parking and driveway areas shall be an all-weather surface as defined by the Ventura County Fire Protection District.

e.

Setbacks of structures. All structures including communication equipment shall be setback a minimum of 20 feet from all property lines.

f.

Accessory building structure. One building is permitted with a maximum height of 15 feet and maximum floor area of 400 square feet.

g.

Clean-up deposit. As specified by Subsection (H)(4) (Ensure clean-up).

9.

Mobile food vendors.

a.

Standards. The maximum vending/display area per mobile food vendor must not exceed 800 square feet of parking, provided that the required number of parking spaces already exists on the subject property to meet this requirement. The vending/display area, including the vehicle and accessory items, must not encroach on any handicapped access path of travel, or be located within required zoning setbacks, loading zones, drive-through lanes, driveways, fuel pump queuing areas, or landscaped planters. Outdoor tables, chairs, and shade umbrellas may be allowed within the approved display area. The vehicle and the accessory items must be reviewed and approved by the City to be aesthetically compatible with the surroundings. There shall be at least 4 feet of clearance to the sky around vendor vehicle(s) for pedestrian access, and mobile food vendors may not impede vehicular or pedestrian circulation on the proposed site. A dimensioned site plan showing the proposed display area and surrounding site layout within 300 feet of the display area must be submitted with the TUP application.

compatible with the surroundings. There shall be at least 4 feet of clearance to the sky around vendor vehicle(s) for pedestrian access, and mobile food vendors may not impede vehicular or pedestrian circulation on the proposed site. A dimensioned site plan showing the proposed display area and surrounding site layout within 300 feet of the display area must be submitted with the TUP application.

b.

Allowed locations. CPD, CN, CO, CR, AI, LI, GI, CI, BP, SR, and RCC zoning districts. The location must have an approved Planned Development Permit or Conditional Use Permit for the primary structure(s) on the site, and Type 4 Mobile Food Facilities must be setback at least 300 feet away from any restaurant, or coffee shop. One mobile food vendor may be allowed for developments up to 150,000 square feet of gross

floor area on private non-residential property. One additional mobile food vendor may be allowed for developments that exceed 150,000 square feet of gross floor area.

c.

Duration. No permit shall last longer than twelve (12) months. One permit shall be required per location.

d.

Parking. To be determined by the Director, in compliance with Chapter 9-34 (Parking and Loading Standards).

e.

Permits and fees. A Temporary Use Permit and associated fee are required from each applicant for mobile food vendors.

f.

Permit review. All mobile food vendor TUPs shall be subject to review by the Director as the result of any complaint by any person affected by the operation of the TUP, or for any violations of the TUP approval or conditions of approval, changes to the provisions of the General Plan, Development Code regulations, or development guidelines applicable to the property since the approval of the TUP. If the Director determines that sufficient evidence exists to substantiate a complaint, that changes to the property have occurred to render the TUP not in conformance with the Municipal Code, or that TUP provisions or conditions have been violated, then the TUP may be revoked and the permittee may be ineligible for additional mobile food vendor TUPs.

g.

Other.

(1)

Property owner consent. Written property owner's (or agents thereof) consent for the applicant to operate the use, including duration, is required. Approval shall be notarized.

(2)

County health permits. A Ventura County Health permit is required for the mobile food vending vehicle. This permit is allowed for the utilization of a vehicle classified by the County of Ventura as a Mobile Food Facility Type 1, Type 2, or Type 3 and Type 4.

(3)

Business Tax Certificate. A City Business Tax Certificate is required to be submitted with the TUP application.

(4)

Removal of food vending vehicles and equipment and hours of operation. Food vending vehicles (including pushcarts, trailers, and motorized vehicles), tables, chairs, umbrellas, and accessory equipment must be removed from the Planned Development or Conditional Use Permit premises during non operation hours of the Mobile Food Facility. The Mobile Food Facility may only operate between the hours of 7:00 a.m. and 11:00 p.m. Friday to Sunday, and only between the hours of 7:00 a.m. and 10:00 p.m. Monday to Thursday, pursuant to SVMC Chapter 5-16.

(5)

Signage. One sign not to exceed 12 square feet may be affixed to the vehicle. Free-standing signage shall not be allowed.

(6)

Amplified music. No amplified music may be allowed as part of the TUP.

(7)

Lighting. When operating in hours of darkness, the mobile food facility shall be situated in an area that is in compliance with SVMC Section 9-30.040 - Exterior Light and Glare. The mobile food facility shall not create additional glare beyond these standards.

(8)

Vehicle Registration. A valid vehicle DMV registration shall be provided as part of the application.

(9)

Trash. Site plan shall also show vendor(s) within 30 feet of a trash container. If center does not provide trash containers, Food Truck operator shall be responsible for providing trash containers, and obtain approval from property owner to do so.

J.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Temporary Use Permit application.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Exh. A, Ord. 1118, eff. September 13, 2007; Exh. A, Ord. 1147, eff. August 20, 2009; § 2(Exh. A), Ord. No. 1341, eff. July 14, 2022 and § 2(Exh. A), Ord. No. 1350, effective July 17, 2023)

A.

Purpose. The provisions of this Section allow for Variances from the development standards of this Development Code.

The sole purpose of any Variance shall be to enable property owners to make reasonable use of their property in the manner in which other property of like character in the same vicinity and zoning district can be used.

2.

A Variance may only be granted if the applicable review authority can make the findings identified in Subsection E (Findings and decision), below.

3.

The power to grant Variances does not extend to allowable land uses. In no case shall a Variance be granted to authorize a use or activity which is not otherwise expressly allowed in the zoning district in which the subject property is located.

B.

Applicability.

1.

Standard Variances. The Commission may grant standard Variances in compliance with Subsection E (Findings and decision), below.

2.

Administrative Variances.

a.

The Director may grant Administrative Variances, or may defer action and refer the application to the Commission, in compliance with Subsection E (Findings and decision), below, and State law (Government Code Section 65901).

b.

An Administrative Variance may govern only the development standards identified in Table 5-4, below.

TABLE 5-4 - ALLOWABLE ADMINISTRATIVE VARIANCES

e. Parking lot standards. A decrease in the minimum parking lot and loading 10 percent standards (e.g., aisle, driveway, and space widths).

3.

Standard Variances.

a.

The Commission may grant a standard Variance to allow a deviation from the requirements of this Development Code.

b.

Any request which exceeds the limitations identified in Subsection (B)(2) and Table 5-4, above shall require the filing of a standard Variance application in compliance with this Section.

C.

Application requirements. An application for a Variance (both standard and administrative) shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Project review, notice and hearing.

1.

The Director's action on an Administrative Variance shall not require a public hearing.

2.

A public hearing shall be scheduled once the Director has determined the application complete.

3.

The Commission shall conduct a public hearing on an application for a standard Variance before the approval or disapproval of the application.

4.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

E.

Findings and decision. Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a Variance and shall record the decision and the

findings upon which the decision is based. The review authority may approve a Variance (both standard and administrative) only after first finding that:

1.

General Variance findings.

a.

There are special circumstances or exceptional characteristics applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other conditions), which do not apply generally to comparable properties in the same vicinity and zoning district.

b.

Strict application of the zoning regulations as they apply to the subject property would result in practical difficulties or unnecessary hardships inconsistent with the general purpose of the regulations; provided, the hardships shall not be self-imposed by the applicant or successors-in-interest.

c.

Granting the requested Variance:

(1)

Would not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zoning district; and

(2)

Does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements.

2.

Findings for parking Variances. For a nonresidential development project proposing to locate a portion of the required parking at an off-site location, or provide in-lieu fees or facilities instead of the required on-site parking spaces, the following findings of fact shall be made in a positive manner, in compliance with State law (Government Code Section 65906.5):

a.

The Variance would be an incentive to, and a benefit for, the subject nonresidential development; and

b.

The Variance would facilitate access to the respective nonresidential development by patrons of public transit facilities.

F.

Conditions of approval. In approving a Variance (both standard and administrative), the applicable review authority may impose conditions deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection E (Findings and decision), above.

G.

Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Variance application.

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

Development or a new land use authorized through a permit granted in compliance with this Development Code shall be established only as approved by the applicable review authority and subject to any conditions of permit approval, except where changes to the project are approved in compliance with this Section.

A.

Request for modification. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use. The following categories of changes are available to the applicant:

1.

Administrative Actions are identified in Section 9-52.030; or

2.

Modifications are identified in Subsection B (Modifications), below.

B.

Modifications. Changes to the project that do not comply with Section 9-52.030 (Administrative Actions), shall only be approved by the Director through a modification application, in compliance with Subsections 1 through 7 below.

1.

Modification procedure. The modification procedure is intended to provide a method whereby major or substantial changes may be made to an existing, approved project (e.g., Conditional Use Permit, Cluster Development Permit, Planned Development Permit, etc.) except Variances, in compliance with Section 9- 52.090. This procedure may allow an applicant to process changes that affect only a portion of a previously approved project.

Applicability.

a.

A modification is generally applicable when additional public input is necessary due to a request for major or substantial changes (e.g., architecture or improvements, in building bulk or area, landscaping plan changes affecting more than 25% of site landscaping or removal of more than ten (10) trees, per calendar year, whichever is greater, parking requirements, or site design).

b.

A modification shall not be applied for in place of a Variance.

c.

All applications may re-open review of the entire project (e.g., property within the control of the applicant) and its conditions at the sole discretion of the applicable review authority.

3.

Application.

a.

Application for a modification shall be made on the same form and in the same manner as prescribed for the original project, together with the filing fee required by the City's Schedule of Service Charges.

b.

The request shall include submittal of the original approved plans with the proposed modifications clearly denoted.

c.

All applications shall be signed by the owner of the property or a person with the appropriate Power of Attorney or written consent of the property owner.

4.

Review authority. The Director may grant a modification, or may defer action and refer the application to the Commission.

5.

Application review, notice and hearing.

a.

Each modification application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section.

b.

The Director shall conduct a public hearing on the application for a modification before the approval or disapproval of the request.

c.

Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings).

6.

Required findings.

a.

The Director may grant the requested modification only after first finding that the request still complies with the findings required for the original permit approval (e.g., Conditional Use Permits [Section 9-52.070], Cluster Development Permits [Section 9-52.040], Planned Development Permits [Section 9-52.050], etc.)

b.

For Cluster Development Permits and Planned Development Permits in a queue of the Allocation System, the Director shall make the additional finding that the proposed modification improves the overall project.

c.

Ensure consistency with applicable City-adopted design guidelines.

d.

Ensure that the proper standards and conditions have been imposed which protect the public health, safety, and welfare.

7.

Expiration date. Any modification granted in compliance with this Section shall not affect the expiration date of the original approved permit.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by Exh. A, Ord. 1147, eff. August 20, 2009; § 2 (Exh. A), Ord. No. 1183, eff. March 15, 2012 and § 3 (Exh. A), Ord. No. 1278, eff. December 14, 2017)

9-52.110 - Requests for Reasonable Accommodation Under the Federal Fair Housing Act and the California Fair Employment and Housing Act (Acts).

A.

Purpose. This Section allows for reasonable accommodations, which authorize the Director to approve requests for persons with disabilities seeking equal access to housing under the Acts that result in no fiscal or environmental impacts to the City if implemented in compliance with the provisions, requirements, and standards of this Development Code.

B.

Applicability. A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the citing, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C.

Application Requirements. An application for a request for reasonable accommodation shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department.

D.

Review Authority. The Director may grant a reasonable accommodation, or may defer action and refer the application to the Commission.

E.

Findings and Decision. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

1.

The request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

2.

Be in full compliance with this Development Code and the Municipal Code.

3.

Be consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and any applicable specific plan.

F.

Condition of Approval. In approving a reasonable accommodation, the Director may impose additional conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection E (Findings and Decision), above.

G.

Post Approval Procedures. The procedures relating to appeals, changes, expiration performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a reasonable accommodation application.

(§ 2 (part), Ord. 1139, eff. February 9, 2009)

Chapter 9-54 - Development Agreements

It is the purpose of this Chapter to establish uniform procedures for the review, approval, and amendment of Development Agreements. A Development Agreement is a contract between the City and an applicant for a development project, in compliance with State law (Government Code Sections 65864 et seq.) A Development Agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to City policies, rules, and regulations after project approval. In return, the City is provided specified public benefits, and the assurance that the applicant will provide the infrastructure and pay the fees required by a new development project.

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

A.

Application requirements. The Director shall prescribe the form and contents for the applications, notices, and documents provided for or required under the provisions of this Chapter for the preparation and implementation of development agreements.

B.

Fees. The City's Schedule of Service Charges shall include the fees and charges imposed for the filing and processing of each application and document provided for or required by this Chapter.

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

Notice of the time and place of a public hearing to consider a Development Agreement shall be given in compliance with State law (Government Code Sections 65854, 65854.5, and 65856).

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

Following a public hearing, the applicable review authority may approve, conditionally approve, or disapprove an application for a development agreement and shall record the decision and the findings upon which the decision is based. The review authority may approve a development agreement, or an amendment to an agreement, only after first finding that the proposed Development Agreement is

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

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

A.

Agreement recorded. Within 10 days after the City enters into a development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

B.

Notice recorded. If a development agreement is amended, cancelled, or otherwise modified, in compliance with this Chapter, the City Clerk shall have notice of the action recorded with the County Recorder.

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

A.

Every 12 months. All development agreements shall be reviewed by the Director at least once every 12 months, unless the agreement provides for more frequent reviews.

B.

Information required. At the review provided for in this Section, the applicant shall provide all information required by the Director to demonstrate good faith compliance with the terms of the development agreement.

C.

Referral to Council. If the Director determines that the agreement should be modified or terminated, the matter shall be referred to the Council for its determination.

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

A.

Agreement may be amended or cancelled. Any Development Agreement may be amended or cancelled by the mutual consent of the applicant and the Council.

B.

Committee to recommend regulations for negotiation. If an applicant is requesting a Development Agreement Modification in order to incorporate new more favorable regulations, policies or procedures of the SVMC, the City may also request that other new regulations apply to the project. A committee shall be

appointed by the Director and the City Engineer to identify which regulations may be applicable to the project. The committee shall forward a listing of recommended regulations, for negotiation purposes, to the City Manager within 30 days of receipt of the Development Agreement Modification application.

C.

Council may modify or terminate agreement. The Council may modify or terminate a Development Agreement based upon substantial evidence that the applicant, or successor(s)-in-interest, has not complied in good faith with the terms or conditions of the agreement. The decision of the Council shall be final.

D.

Change in State or Federal laws. In the event State or Federal laws or regulations enacted after a Development Agreement has been entered into prevent or preclude compliance with one or more provisions of the Development Agreement, the affected provisions of the agreement shall be modified or suspended as may be necessary to comply with the State or Federal laws or regulations.

E.

Official policies, regulations, and rules.

1.

Unless otherwise provided by the Development Agreement, the official policies, regulations, and rules governing allowed uses of the land, density, design, improvement, and construction standards and specifications applicable to development of the property subject to a Development Agreement shall be those official policies, regulations, and rules in force at the time of execution of the agreement.

2.

In compliance with State law (Government Code Section 65866), a Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new policies, regulations, and rules which do not conflict with those policies, regulations, and rules applicable to the property as contained in this Section.

3.

Furthermore, a Development Agreement shall not prevent the City from disapproving or conditionally approving any subsequent development project application on the basis of existing or new policies, regulations and rules.

F.

Application of newly adopted standards. Application of standards adopted following the effective date of the Development Agreement shall require a modification to the Development Agreement.

G.

Procedures for modifying or terminating an agreement. The procedures for modifying or terminating Development Agreements shall follow the same guidelines required for entering into an agreement.

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

Chapter 9-56 - Specific Plans

A.

Procedures. It is the purpose of this Chapter to establish uniform procedures for preparing, processing, reviewing, adopting, implementing, and amending Specific Plans for the coordination of future development within the City.

B.

Compliance. When required by Section 9-56.030 (Applicability), below, the General Plan, or this Development Code to systematically implement the General Plan for any part of the City, a Specific Plan shall be prepared, processed, reviewed, adopted, implemented, and amended in compliance with this Chapter.

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

An adopted Specific Plan shall replace the base zoning district(s) for the subject property, and the development standards and guidelines identified in the Specific Plan shall take precedence over the general standards and guidelines contained in this Development Code, if the Specific Plan is adopted by ordinance.

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

A.

Designated by General Plan. The provisions of this Chapter shall apply to all parcels of land designated as Specific Plan areas in the General Plan.

B.

Specific plan required. A Building or Grading Permit, Conditional Use Permit, Planned Development Permit, Tentative Map, Variance, or any other entitlement shall not be granted for any parcel within any area designated as Specific Plan before the approval of a Specific Plan for that area or which would be inconsistent with the approved Specific Plan.

C.

Specific plan not required. The provisions of this Chapter shall not apply to the following:

1.

Any valid Conditional Use Permit, Planned Development Permit, Tentative Map, or any other entitlement approved or in effect before the effective date of this Chapter; and

2.

Parcel Maps, Zoning Map Amendments, and other entitlements required for annexation of property to the City.

D.

Authority to adopt and amend. An application for the adoption or amendment of a Specific Plan shall be considered by the Commission and Council.

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

If initiated by an applicant, the draft Specific Plan shall include detailed information in the form of text and diagram(s), organized in compliance with State law (Government Code Section 65451), and shall be accompanied by the information identified by the Department.

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

9-56.050 - Application Filing, Processing, and Review

A.

Filing. If initiated by an applicant, the draft Specific Plan shall be filed with the Department on the appropriate forms provided, and shall be accompanied by the fee established by the City's Schedule of Service Charges.

B.

General Plan consistency.

1.

Appendix A. The Consistency Guidelines of Appendix A of the General Plan shall be used to determine project consistency with the General Plan.

2.

Appendix B. The Specific Plan shall be consistent with the purposes, standards, and land use guidelines in Appendix B of the General Plan.

C.

Processing and review. The processing and review of a Specific Plan shall be conducted in compliance with State law (Government Code Section 65450 et seq.).

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

The Council may adopt a Specific Plan only after first finding that the proposed plan is consistent with the purpose, intent, goals, policies, programs, and land use designations of the General Plan and other adopted goals and policies of the City.

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

A.

Implementation of development projects.

1.

Unless otherwise established in the Specific Plan, all development projects located within a Specific Plan area shall be implemented in compliance with the applicable permit procedures.

2.

Specific Plan projects which are not implemented in compliance with the applicable permit procedures shall provide an equivalent set of procedures and standards as part of the Specific Plan. The projects shall

require an amendment to the Zoning Map to replace inconsistent zoning district designations on the map with a notation which references the title of the adopted Specific Plan for development standard purposes.

B.

Amendments. An adopted Specific Plan may be amended through the same procedure specified by this Chapter for the adoption of a Specific Plan in compliance with State law (Government Code Section 65450 et seq.).

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

Article 6 - Subdivisions

Chapter 9-60 - Applicability and Administration of Subdivision Regulations

9-60.010 - Purpose of Article

A.

The provisions of this Article constitute the City of Simi Valley Subdivision Ordinance. These provisions are intended to supplement, implement, and work with the Subdivision Map Act, Section 66410 et seq. of the California Government Code (hereafter referred to as the "Map Act"). This Article is not intended to replace the Map Act, and must be used in conjunction with the Map Act in the preparation of subdivision applications, and the review, approval, and improvement of proposed subdivisions.

B.

This Article regulates and controls the subdivision of land, and supplements the provisions of the Map Act concerning subdivision design, improvements, and survey data of subdivisions, and to establish procedures to be followed in securing the official approval of the City Engineer, Director, Commission and Council. To accomplish these purposes, the provisions in this Article are determined to be necessary for the preservation of the public health, safety, and general welfare; to promote orderly growth and development; to promote open space, conservation, protection, and proper use of land; and to ensure provision for adequate circulation, and utilities, and other public services.

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

This Article is adopted in compliance with the Map Act as a "local ordinance," as the term is used in the Map Act. All provisions of the Map Act and future amendments to the Map Act not incorporated in this Article shall, nevertheless, apply to all subdivision maps and proceedings under this Article.

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

A.

Subdivision approval required. Each subdivision of real property for the purposes of sale, lease, or finance, wholly or partially within the City, shall be authorized through the approval of a map or other entitlement in compliance with this Article. A subdivision of unincorporated property adjacent to the City shall be subject to these provisions to the extent allowed and as provided by Map Act Section 66454.

B.

Conflicts with Map Act. In the event of any conflicts between the provisions of this Article and the Map Act, the Map Act shall control.

C.

Compliance with other regulations required. The approval or conditional approval of a subdivision map shall not authorize or be deemed to authorize an exception or deviation from any zoning regulation in this Development Code, or as an approval to proceed with any development in violation of other applicable provisions of the Municipal Code or other applicable ordinances or regulations of the City.

D.

Consistency with General Plan and Specific Plans required. No subdivision map, including its design, proposed streets, other improvements, and proposed land uses shall be approved by the City unless it is consistent with the Simi Valley General Plan and any applicable Specific Plan.

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

The Director and City Engineer are authorized and directed, respectively under the authority granted by State law, to administer and enforce the provisions of this Article and applicable provisions of the Map Act for subdivisions within the City, except as otherwise provided.

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

When a project requires a concurrent legislative action, which requires Council approval, such as a General Plan Amendment or Zone Change, as well as a Tentative Parcel or Tentative Tract Map, the final decision shall be made by the Council on all of the components, after a recommendation by the Commission.

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

Table 6-1 identifies the Advisory Agency for each type of subdivision and other decision required by this Article, and the roles of each Advisory Agency and other review authority in the application review process. In all cases, the Advisory Agency shall have the authority and responsibility to make all required findings, and approve, conditionally approve, or disapprove the matters assigned to them in compliance with this Article and the Map Act, with rights of appeal assigned as noted in Table 6-1.

TABLE 6-1 - AUTHORITY FOR SUBDIVISION DECISIONS

Notes:

(1) "Recommend" means that the review authority makes a recommendation on the approval or disapproval of the request to the Advisory Agency; "Decision" means that the review authority serves as the Advisory Agency and makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier Advisory Agency; in compliance with Chapter 9-76 (Appeals); and "Approve" means that the review authority may approve the project. In any case where the Director or City Engineer is designated as the Advisory Agency, either individual may choose to defer action on any matter, and refer the matter to the Commission for its decision.

(2) The Council may delegate approval authority for an individual project (Map) to the City Engineer, or his designee per Section 9-62.060(C).

(3) Tentative Tract Map applications accompanied by other applications requiring a legislative decision will be approved by the Council, according to Section 9-60.045 (Concurrent Permit Processing).

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 2 (Exh. A), Ord. No. 1343, eff. November 10, 2022, and § 2(Exh. A), Ord. No. 1352, eff. October 23, 2023)

9-60.060 - Type of Subdivision Approval Required

A.

Subdivision of four or fewer parcels.

1.

A Tentative Parcel Map and a Parcel Map shall be required for each subdivision, or cumulative subdivisions under one ownership, of four or fewer parcels, or for four or fewer condominiums or stock cooperative apartment units, and for community apartment projects containing four or fewer parcels, except when otherwise exempted by the Map Act.

2.

The requirement of this Section for the preparation and approval of a Parcel Map may be waived by the Director in compliance Section 9-62.030 (Waiver of Parcel Map).

B.

Subdivisions of five or more parcels. A Tentative Map and a Final Map shall be required for all subdivisions, or cumulative subdivisions under one ownership, of five or more parcels, of five or more condominiums (as defined in Civil Code Section 783), a community apartment project (as defined in Business and Professions Code Section 11004) containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where a Parcel Map is required pursuant to Map Act Section 66426, in which case, a Tentative Parcel Map shall also be required.

C.

Exemptions from subdivision approval requirements. The types of subdivisions identified by Map Act Sections 66411, 66412, 66412.1, 66412.2, 66412.5, and 66426.5, or other applicable Map Act provision as not being subject to the requirements of the Map Act, and/or not being considered to be divisions of land for the purposes of the Map Act, shall be exempt from the subdivision approval requirements of this Article.

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

All surveys and all drafting in connection with the preparation of Tentative Parcel Maps, Parcel Maps, Tentative Tract Maps, Vesting Tentative Maps, Final Maps, and improvement plans to be submitted in compliance with this Article shall comply with the standard practices and principles of drafting and land surveying as acceptable to the City Engineer, and as required by the Map Act.

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

Any subdivision application deemed approved in compliance with Government Code Section 65956 or Map Act Section 66452 et seq.), shall be subject to all applicable provisions of this Article which shall be satisfied by the subdivider before City approval of the Parcel Map or Final Map. Parcel or Final Maps submitted for approval after their Tentative Map is deemed approved shall remain subject to all the mandatory requirements of this Article and the Map Act, including Map Act Sections 66473, 66473.5 and 66474.

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

The processing of the subdivision applications described in this Article shall require the payment of the fees prescribed by the Council's Fee Resolution, in compliance with Chapter 9-50 (Application Filing and Processing); and the payment of any fee required by County of Ventura Ordinance No. 3982 and any amendments thereto, which is required to be paid by the subdivider to include the subdivision records in the County's computer-aided mapping system.

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

An exception to any of the provisions of this Article may be requested by a subdivider in compliance with this Section. An exception shall only be used for those sections of this Chapter which are optional under the Map Act.

A.

Application. An application for an exception shall be submitted on forms provided by the Department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.

B.

Filing and processing. A request for an exception may be filed with the Tentative Map application to which it applies, or after approval of the Tentative Map. An exception shall be processed and acted upon in the same manner as the Tentative Map, concurrently with the Tentative Map if the exception request was filed at the same time. The approval of an exception shall not constitute approval of the Tentative Map and shall not extend the time limits for the expiration of the map established by Section 9-61.120 (Tentative Map Expiration and Extensions).

C.

Approval of exception. The Commission shall have the authority to approve or deny exception requests in compliance with this Section. The Commission shall not grant an exception unless all the following findings are first made:

1.

There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location or surroundings;

2.

The exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this Article;

3.

The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision;

4.

Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located; and

5.

The exception will not affect the consistency of the proposed subdivision with the General Plan or any applicable Specific Plan.

D.

Conditions of approval. In granting an exception, the Commission shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.

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

Any interested person may appeal any decision of the Director to the Commission, and may appeal any decision of the Commission to the Council, in compliance with Chapter 9-76 (Appeals).

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

A.

Violations. Any person who violates any provision of this Article shall be subject to the felony or misdemeanor penalties specified by Map Act Division 2, Chapter 7, Article 1 and, where applicable, shall be subject to the misdemeanor or infraction penalties as specified in Municipal Code Title 1, Chapter 2.

B.

Remedies. In addition to the remedies outlined in Map Act Division 2, Chapter 7, Article 2, whenever any construction activity, including grading, earth moving, or tree removal is being done on any property for which an approved Final Map exists, contrary to the provisions of the Subdivision Map Act or any approval of the map, the City Engineer may order the activity stopped by notice in writing served on any person engaged in doing or causing the activity to be carried out, and any persons shall forthwith stop the activity until authorized by the City Engineer to proceed.

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

Chapter 9-61 - Tentative Map Filing and Processing

This Article establishes requirements for the preparation, filing, approval or disapproval of Tentative Parcel Maps, Tentative Tract Maps, and Vesting Tentative Maps consistent with the requirements of the Map Act. For the purposes of this Chapter, the term "Tentative Map" shall refer to Tentative Parcel Maps, Tentative Tract Maps, and Vesting Tentative Maps.

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

A.

General content requirements. Each Tentative Map shall be prepared in a manner acceptable to the Department and shall be prepared by a licensed land surveyor or State-registered civil engineer authorized to practice land surveying. The map shall consist of one or more sheets which shall all be of equal size and shall not exceed 36 inches along any side. The scale of the map shall be one inch equals 100 feet or larger. The City Engineer may approve the use of another scale or sheet size if warranted due to the size of the property. The number of copies of the Tentative Map to be submitted shall be as specified by the Director.

B.

Waiver of content requirements. The Director may waive or modify items required in this Section, with the concurrence of the City Engineer, if the items are found to pertain to conditions unaffected by the proposed subdivision or to be adequately available in existing records of the City.

C.

Specific Tentative Map content requirements. Each Tentative Map shall contain the following information, in addition to any other requirements of the General Plan or this Development Code:

1.

General information:

a.

Map number;

b.

Name, address, and telephone number of subdivider;

c.

Name and address of owner;

d.

North arrow and scale of map;

e.

Name, address, and telephone number of person preparing the map;

f.

Date map was prepared;

g.

Registered Civil Engineer or Licensed Land Surveyor signature and seal;

h.

Area of the subdivision, both as total area and as area excluding existing right(s)-of-way(s); and

i.

General Plan designation, existing zoning of property, and proposed land use.

2.

Vicinity information:

a.

A vicinity or area map, located on the Tentative Map, at a scale of one inch equals 500 feet, or as otherwise approved by the Director of Environmental Services, showing only the existing major street pattern and major watercourses and flood control channels within one-half mile of exterior boundaries of the subdivision;

b.

All boundary lines of the subdivision with approximate bearing and distances described with any identifying tree row, dikes or channels;

c.

Existing buildings or structures identified by use, including those within 100 feet of the tract boundary;

d.

Adjoining property lines and land uses, including adjacent subdivision map numbers, if any; and

e.

Location of existing trees, and proposed tree removals.

3.

Topographic information:

a.

Topography, including: one foot contour lines where slope is less than five percent; two-foot contour lines where slope is between five percent and 10 percent; five-foot contour lines where the slope is between 10 percent and 20 percent; and 10-foot contour lines where the slope is greater than 20 percent. Every fifth contour shall be clearly labeled and indicated so as to be distinctive. Contour lines shall extend a minimum of 100 feet beyond the tract boundary. Topographic mapping shall include any significant features which can materially affect the design of the subdivision, including, but not limited to, structures, fences, walls and utility poles. Source and date of existing contours shall be included;

b.

Delineate all natural slopes which equal or exceed a 20 percent gradient by a dashed line and label "20 percent slope";

c.

Pad elevation and drainage pattern of each lot;

d.

Tops and toes of all manufactured slopes, including all daylight lines;

e.

Estimated quantities of cut and fill material in cubic yards; and

f.

Existing and proposed retaining wall locations and heights.

4.

Site access and circulation information:

a.

Existing and proposed street alignments, cross-section, and rights-of-way widths;

b.

Existing and future adjacent and connecting street alignments including rights-of-way widths;

c.

Proposed street grades;

d.

Centerline radii of street curves;

e.

The location and radii of the rights-of-way at all curb returns and cul-de-sacs;

f.

The width and location of all necessary and approved offsite access from the proposed subdivision onto the nearest public street; and

g.

Street names on all existing streets within, fronting, or adjacent to the proposed subdivision. Proposed public or private streets shall be designated as such and those not officially named should be shown as "A"

Street, "B" Street, or "C" Road, unless a current listing of desired names has been approved for said Tentative Tract.

5.

Utilities information:

a.

Names and addresses of all operators of proposed subdivision utility systems;

b.

All watercourses, storm drainage easements, utility facilities, wells, and Special Flood Hazard Areas which are subject to inundation or stormwater overflow in accordance with current Federal Emergency Management Agency Maps;

c.

Preliminary plan of offsite drainage channels and any other drainage devices;

d.

Approximate location of all existing and proposed public and private easements and easements to be abandoned pursuant to Section 66499.20 1/2 of the State Subdivision Map Act;

e.

Location and size of existing and proposed water, sewer, and storm drain lines with their approximate slope, connection point, and elevation; and

f.

Method of collection and disposal of stormwater run-off, including detention facility location and storage volume.

6.

Lot information:

a.

Minimum, maximum, and average lot sizes within the subdivision;

b.

Any remainder of the original parcel, provided that such may be indicated by deed reference to the existing record boundaries if the remainder has an area of five acres or more;

c.

Total number of lots proposed;

d.

Lot lines, dimensions, and identifying number or letter;

e.

If phasing is proposed, show all phase boundaries and the number of each phase; and

f.

The location of each lot boring shall be shown on the exhibit attached to the preliminary geotechnical report described in Subsection (7)(j).

7.

Documentation:

a.

A signed statement by all owners in fee simple estate, or authorized agents thereof, consenting to the subdivision of the parcel(s) involved;

b.

A legal description of the land within the proposed subdivision;

c.

The disposition to be made of all existing structures, tree rows, and other significant vegetation and natural features, wells, tanks, irrigation facilities and public utility lines;

d.

A description of the proposed method and plan of sewage disposal. Whenever the method of sewage disposal proposed is other than by a public sewage disposal system, a soil evaluation report or geologic report, acceptable to the Ventura County Environmental Health Division, indicating that individual sewage disposal systems will function properly, shall also be submitted. A public sewage system is a sewage disposal system directly controlled by public authority;

e.

A certification by the applicant, supported by a preliminary title report, that the design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision;

f.

Documents required to comply with the Mature Tree Preservation Ordinance;

g.

A list of all proposed deviations to City standards for map, street and storm drainage design, together with justification for each;

h.

A preliminary drainage report describing the proposed method and plan of stormwater disposal (the plan including location of storm drain lines, detention facilities, inlets and ultimate outlet may be shown on the Tentative Map) prepared by a State registered civil engineer. The drainage report shall include a hydrologic and hydraulic study, indicating the following conditions before and after development; drainage areas, major watercourses, quantity of stormwater and patterns, diversions and collection systems. Special Flood Hazard Areas as shown on the applicable FEMA maps shall be delineated on the Tentative Map. All development shall comply with the City's Flood Damage Prevention Ordinance (SVMC Section 7-5.101 et seq.);

i.

The disclosure of all proposed mitigation measures recommended by any applicable environmental document, with a statement of how the measures will be incorporated within the project;

j.

A geotechnical (soils) report, prepared by a geotechnical engineer or engineering geologist, registered in this State, per the City's Geotechnical Guidelines, shall be required for use in evaluating and reporting the impact that the subdivision may have upon the environment.

(1)

The soils report shall describe the nature of the subsurface soils and any soil conditions which would affect the geometrics of the proposed development. The soils report shall state whether the proposed plan is feasible and provide general solutions for all known hazardous conditions or problems. The report shall include the locations and logs of any test borings, percolation test results and a hydrological evaluation of onsite sewage disposal, if proposed. A liquefaction report shall also be required in areas of high groundwater as determined by the City Engineer. The City Engineer may require that the soils report address additional issues deemed pertinent by him or her.

(2)

The soils report requirement may be waived if the City Engineer determines that sufficient and adequate soils information exists in the City records regarding the subdivision and therefore no preliminary analysis is necessary.

(3)

If the City Engineer has knowledge of, or the soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, could possibly lead to structural defects or hazardous conditions, a soils investigation of each lot in the subdivision may be required. Such soils investigation shall be performed by a civil or geotechnical engineer or engineering geologist, registered in this State, who may

recommend that a structural engineer specify corrective action which is likely to prevent structural damage and eliminate any hazards to each structure proposed to be constructed in the area where the soils problems exist. Each Building Permit shall require that the approved recommended action be incorporated into the construction.

(4)

An engineering geology evaluation, defining geologic conditions of the site, shall be submitted for all hillside or other geologically hazardous areas. The geologic evaluation shall state whether the proposed plan is feasible and shall provide general solutions for all known hazardous conditions or problems. The evaluation report shall point out specific areas where development may create hazardous conditions. The engineering geology evaluation requirements may be waived if the City Engineer finds that, due to the knowledge of the subdivision area, no engineering geology evaluation is necessary.

(5)

The geotechnical report shall designate a suitable building site for each lot which is safe from settlement, landsliding, mudsliding, seismic, and flood hazards and which has reasonable access thereto as determined by the City Engineer;

k.

Offsite private street easements. Offsite easements allowing applicable governmental agencies which provide for the public safety, health, and welfare, access on all private streets, or lanes serving as access for more than two parcels, shall be offered for dedication to the City, or other appropriate agency, not later than the time the Tentative Parcel Map or Tentative Tract Map application is deemed complete; and

l.

Other offsite easements. All other offsite easements for public use required as a condition for approval of the Tentative Map for the proposed subdivision shall be offered for dedication to the City or other appropriate agency not later than the time the Tentative Parcel Map or Tentative Tract Map application is deemed complete.

D.

Additional information to be contained on Vesting Tentative Maps. A Vesting Tentative Map shall be filed in the same form and have the same contents, accompanying data, and reports and shall be processed in the same manner as set forth in this Article for Tentative Maps, except as provided below:

1.

At the time a Vesting Tentative Map is filed, it shall have printed conspicuously on its face the words "Vesting Tentative Map"; and

2.

At the time a Vesting Tentative Map is filed, the application shall include the following supplemental information unless deemed not applicable by the Director and the City Engineer, on the Vesting Map or

additional sheet(s), (whichever is applicable):

a.

Locations and dimensions of proposed bicycle, pedestrian and equestrian paths;

b.

Proposed off-street parking, including the location, number of stalls, dimensions, and circulation pattern;

c.

Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi-public buildings, and other such uses;

d.

Areas proposed for any other uses to be established within the project;

e.

Proposed location and elevations of buildings on lands, including dimensions, the size of structure, height, setback, materials and yard areas;

f.

Proposed landscaping, walls, fencing, screening, trash collection areas, and usable open space areas;

g.

If phasing is proposed, a construction schedule for the offsite improvements to be associated with each phase; the total number of acres in the proposed project and the number and percent thereof designated for various uses; and the number of dwelling units proposed, by type of dwelling unit, for each phase;

h.

A grading plan with information as required by the City Engineer; and

i.

Such additional information as may be required by the Director of Environmental Services, City Engineer or Planning Commission.

E.

Additional information required for phased (multiple) Final Maps. A Tentative Map shall include a statement of intent to record phased Final Maps, if such are desired. Prior to the time of Tentative Map approval and prior to the drafting of conditions of approval, a phasing plan shall be provided which delineates the proposed phased Final Map boundaries and which shows, to the satisfaction of the City Engineer, the logical and orderly development of the whole subdivision by phases, such that each phase shall be

functionally self-sufficient. The phasing of a subdivision shall not be approved thereafter except by the processing of a new Tentative Map.

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

A.

General filing and processing requirements. Each Tentative Map and accompanying information required by Section 9-61.020 shall be filed with the Department. When the required number of copies of a Tentative Map and accompanying reports (including required environmental reports) have been accepted for filing by the Department, copies shall be forwarded to other agencies for review in compliance with Map Act Chapter 3, Article 3.

B.

Map numbers. Map numbers for subdivisions requiring the preparation of a Parcel Map shall be obtained from the Department. Map numbers for subdivisions requiring the preparation of a Final Map shall be obtained from the Ventura County Surveyor. Multiple Final Maps shall have a separate phase number appended to the map number.

C.

Environmental review. No map filed in compliance with this Chapter shall be approved until an environmental assessment is prepared, processed and considered in compliance with the California Environmental Quality Act (CEQA). The subdivider shall provide the data and information and deposit and pay the fees as may be required to reimburse the City for the costs associated with the preparation and processing of environmental documents as specified by the City Schedule of Service Charges.

D.

Determination of completeness. A Tentative Map application shall not be deemed complete until all reviewing departments and agencies have so stated. Time limits shall comply with Permit Streamlining Act (Section 65920 et seq.).

E.

Time of filing. For the limited purpose of commencing the time periods identified in Map Act Section 66452.1 and this Chapter for the reporting or acting upon Tentative Maps, a Tentative Map shall be deemed to be "filed" with the Advisory Agency when all reviewing departments and agencies have deemed the application complete.

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

Any staff report or recommendations to the Director on a Tentative Parcel Map, to the Commission on a Tentative Parcel Map or Tentative Tract Map, or to the Commission and Council on a Vesting Tentative Map

shall be provided to the subdivider at least three days before any hearing or action on the map. In the case of a proposed conversion of real property to a condominium, community apartment, or stock cooperative project, the staff report shall be provided to each tenant of the subject property at least three days before any hearing or action on the map, in addition to the subdivider.

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

The Advisory Agency shall conduct a public hearing on a Tentative Map and take action as follows:

A.

Advisory Agency responsibilities.

1.

Tentative Parcel Map. The Director shall constitute the Advisory Agency for a Tentative Parcel Map.

2.

Tentative Tract Map. The Commission shall constitute the Advisory Agency for a subdivision that involves the preparation of a Tentative Tract Map.

3.

Vesting Tentative Map. The Council shall be the Advisory Agency for a subdivision that involves a Vesting Tentative Map; provided that the Commission shall review each application for a Vesting Tentative Map and any concurrent discretionary permits, and forward a recommendation to the Council.

B.

Action on Tentative Map by Advisory Agency. Each Advisory Agency identified in Subsection A shall comply with the following requirements.

1.

Actions required. Within the time limits specified by Subsection (B)(3), the Advisory Agency shall hold a public hearing on the map, make all of the findings required by this Chapter and the Map Act in writing, and shall approve, conditionally approve, or disapprove the Tentative Map, and shall report the action in writing to the subdivider.

2.

Application of standards. In determining to approve or disapprove a Tentative Map, the Advisory Agency shall apply City ordinances, policies, and standards in compliance with Map Act Section 66474.2.

3.

Time limits. The actions required by Subsection (B)(1) shall be completed within the time limits required by Map Act Sections 66452.1 and 66452.2.

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

A Tentative Map shall be denied by the Advisory Agency if any of the findings are made requiring denial pursuant to Map Act Sections 66473.5, 66474, 66474.4 or 66474.6.

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

Along with the approval of a Tentative Map, the Advisory Agency shall adopt conditions of approval in compliance with this Section, provided that all conditions shall be consistent with the requirements of the Map Act and shall meet the required nexus relationship.

A.

Mandatory conditions. The Commission shall adopt conditions of approval that will:

1.

Require that parcels, easements, or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, and public utilities providing electric, gas, and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development;

2.

Mitigate or eliminate environmental problems identified through the environmental review process, except where a Statement of Overriding Consideration has been adopted in compliance with CEQA;

3.

State the specific requirements of Chapter 9-64 (Subdivision Design and Improvement Requirements) that pertain to the project under consideration;

4.

Secure compliance with the requirements of this Development Code and the General Plan;

5.

Require that any designated remainder parcels not be subsequently sold or further subdivided unless a Conditional Certificate of Compliance (Section 9-63.020) is obtained in compliance with the State Subdivision Map Act; and

6.

Require the dedication of additional land for bicycle paths, local transit facilities (including bus turnouts, benches, shelters, etc.), and school sites, in compliance with Map Act Chapter 4, Article 3, so as to be consistent with the General Plan.

B.

Optional conditions. The Commission may also require as conditions of approval:

1.

The waiver of direct access rights to any existing or proposed streets;

2.

The reservation of sites for public facilities, including schools, fire stations, libraries, and other public uses in compliance with Government Code Section 66480;

3.

Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate; and

4.

Any other conditions deemed necessary by the review authority to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with City ordinances or State law.

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

A.

Appeal. An appeal of any decision in compliance with this Chapter shall also comply with Map Act Section 66452.5, and Chapter 9-76 (Appeals).

B.

Effective date of approval. The approval of a Tentative Map shall become effective for the purposes of filing a Parcel or Final Map, including compliance with conditions of approval, immediately after the adoption of the resolution of decision by the Advisory Agency.

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

The Director shall require a new Tentative Map application for all modifications which do not substantially comply with the approved Tentative Map, and a new map number shall be assigned to the new application. Substantial compliance shall be determined by the City Engineer. The decision may be appealed in compliance with Map Act Section 66452.5, and Chapter 9-76 (Appeals).

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

After approval of a Tentative Map, the subdivider shall:

A.

Proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map;

B.

Where applicable, shall prepare, file, and receive approval of all improvement plans in compliance with Chapter 9-64 (Subdivision Design and Improvement Requirements), before constructing any required improvements; and

C.

Shall prepare, file with the City, and receive the approval of a Parcel Map or Final Map, as applicable, in compliance with Chapter 9-62 (Parcel Maps and Final Maps).

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

9-61.110 - Vesting on Approval of Vesting Tentative Map

The approval or conditional approval of a Vesting Tentative Map shall confer a vested right to proceed with development in compliance with Map Act Chapter 4.5 (Development Rights).

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

9-61.120 - Tentative Map Expiration and Extensions

A.

Expiration. The approval or conditional approval of a Tentative Map, or Vesting Tentative Map, or phases thereof, shall expire 36 months from the date the map was approved or conditionally approved. Failure to cause a timely filing in compliance with Map Act Section 66452.6(d) or 66463.5(b) with the City within 36 months after approval shall terminate all proceedings, and any subdivision of the same land shall require the filing and processing of a new Tentative Map or Vesting Tentative Map. The subdivider shall be responsible for keeping a record as to when a map will expire.

B.

Extension of map approval. The extension of a Tentative Map or Vesting Tentative Map shall comply with Map Act Section 66452.6 or 66463.5, as applicable. Any extension of a Tentative Map or Vesting Tentative Map approval or conditional approval shall not exceed an aggregate of five years.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1126, eff. March 13, 2008)

Chapter 9-62 - Parcel Maps and Final Maps

This Chapter establishes requirements for the preparation, filing, approval and recordation of Parcel and Final Maps, consistent with the requirements of the Map Act.

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

After approval of a Tentative Parcel Map or Tentative Tract Map and before the expiration thereof, the subdivider may submit respectively a Parcel Map or Final Map of the proposed subdivision or of any phase of a previously approved phased Tentative Tract Map.

A.

Parcel Map. A Parcel Map shall be filed for approval together with any required subdivision improvement agreement and security, approved for recording, and recorded to complete the subdivision process for a subdivision of four or fewer parcels, or where a Parcel Map is otherwise permitted by the Map Act.

B.

Final Map. A Final Map shall be filed for approval together with any required subdivision improvement agreement and security, approved for recording, and recorded to complete the subdivision process for a subdivision of five or more parcels, except where a Parcel Map is otherwise permitted by the Map Act.

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

A subdivider may request waiver of a Parcel Map, and the waiver may be granted by the Director in compliance with Map Act Section 66428, provided that:

A.

The Director first issues written findings that the proposed subdivision fully complies with all requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other requirements of the Map Act and this Article, and that no conditions of approval are necessary;

B.

The Director may require the filing of a Tentative Map as a condition of waiver under this Section, in compliance with Map Act Section 66428; and

C.

The Director shall approve or disapprove the waiver within 60 days of the application being deemed complete, in compliance with Map Act Section 66451.7.

(§ 5, Ord. 1085, eff. January 6, 2006, as amended by § 2, Ord. 1094, eff. July 20, 2006)

9-62.040 - Parcel Map and Final Map Form and Content

A.

Parcel Maps. The preparation, form and content of a Parcel Map shall be in compliance with Map Act Chapter 2, Article 3, any local requirements, and the following statement shall be placed on parcel maps of four or fewer parcels in compliance with Map Act Section 66411.1:

Construction Requirement Statement

The construction of all street, access, grading, drainage, and utility improvements required per the approval of this Map, shall occur prior to the issuance of any Building Permit.

Where a subdivision improvement agreement is required, construction shall occur prior to the issuance of a Building Permit or the expiration of the agreement, whichever occurs first.

B.

Final Maps. The preparation, form and content of a Final Map shall be in compliance with Map Act Chapter 2, Article 2, and the following requirements.

C.

Content of Maps. A Parcel Map or Final Map shall be in substantial conformance with the approved Tentative Map as determined by the City Engineer, in accordance with City and Subdivision Map Act requirements. Map content shall conform to the following, unless waived or modified by the City Engineer:

1.

Map scale and lettering. The scale of the map shall be large enough to show details clearly. A sufficient number of sheets shall be used to accomplish this. Lettering size shall be a minimum of eight hundredths (0.08) of an inch. A map scale of between one inch equals 40 feet and one equals 100 feet, appropriate to parcel size, may be approved by the City Engineer. A graphical scale not less than three inches in length shall be shown in addition to the numerical scale on each sheet showing boundaries.

2.

Title sheet. The title sheet(s) shall consist of a title block as provided by this Section and all certificates, statements, and acknowledgements required by this Article and the Subdivision Map Act.

3.

Location and key maps. A location map at a scale of not less than one inch equals 1,000 feet indicating the geographical location of the proposed subdivision and the tract access roads shall be placed on the first map sheet (following the title sheet). When the map consists of more than two sheets exclusive of the title sheet, a key map at a scale of one inch equals 500 feet with match lines showing the relation of the sheets shall also be placed on the first map sheet. With the approval of the City Engineer, the scale of the key map may be modified.

Title block. The title, showing the map number, the date of preparation, the designation and record reference of the latest legal subdivision of which it is a part, sheet number, and total number of streets shall appear on each sheet.

5.

Orientation. Each sheet and lettering thereon shall be so oriented that the north arrow shall be directed toward the top of the sheet or toward the left of the sheet.

6.

Basis of bearing. The basis of bearings shall be a line defined by two found monuments shown on the same record and shall be clearly delineated or identified on the map.

7.

Closure error. The traverse of the boundary of the subdivision and of all lots and blocks shall close within a limit of error of one foot in 10,000 feet of perimeter for field closures and one foot in 20,000 feet for calculated closures.

8.

Boundary line. The exterior boundary lines of a subdivision shall be shown as a black opaque ink line that is at least three times the width of any other line on the map, excluding the one inch border line.

9.

Survey data. Each map shall show the following: the bearings and distances of the centerlines of all streets; the radius, arc length, and central angle of all curves; the bearings of radial lines to each lot corner on a curve; the total width of each street, the portion offered for dedication, the existing right-of-way, and the width on each side of the centerline; and the width of any other easements of record. Sufficient data shall be shown to readily determine the bearing and length of each lot line. Each lot or parcel shall be shown entirely on one sheet and to scale. The area of all lots or parcels shall be shown to the nearest onehundredth (1/100) of an acre. No lot in a subdivision shall be divided by the boundary line of a city, county, or special district.

10.

Dimensions. Dimensions shall be in feet and hundredths of a foot.

11.

Easements. The location on the map of all locatable existing easements, identified title documents, and all proposed easements which are to remain after recordation and which are not within streets, shall be shown by means of broken lines, together with the name of the owner, purpose of the easement, and the record reference, if any. A statement as to the easements of record which cannot be located shall appear on the title sheet. A statement identifying any easements of record to be abandoned pursuant to Government Code Section 66499.20 1/2 shall be placed on the title sheet.

Established lines. Whenever the City Engineer has established a centerline of a street, the data shall be considered in making the survey and in preparing the map. All monuments found shall be indicated and proper references made to filed field notes or maps of public record. If the points were reset by ties, that fact shall be stated.

13.

City boundaries. City boundaries adjoining the subdivision shall be properly designated upon the map and shall be properly tied to the survey data.

14.

Monuments. All monuments required by the Subdivision Map Act and Section 9-64.090 of this Article shall be fully and clearly shown and identified as such on the map.

15.

Street names. The names, without abbreviations, of all existing and proposed streets within the subdivision and adjoining streets shall be identified on the map.

16.

Lot numbers and lettered parcels. The lots on a Parcel Map or a Final Map shall be numbered consecutively commencing with the number "one" with no omissions or duplications on the map or map phase, provided that, where the subdivision is a continuation of or an addition to an existing subdivision, the lot number shall commence with the number immediately following the last or highest lot number of such existing subdivision and in all other respects shall conform with the preceding requirements. The last lot number shall be circled. All other areas, other than public streets, which are to be offered for dedication or conveyed for common benefit, shall be designated as "Parcels" and consecutively lettered. The purpose for each such parcel shall be so stated upon the map.

D.

Documentation to be submitted with map. Each Parcel Map and Final Map shall include each of the following items of additional documentation at the time the Parcel Map or Final Map is first submitted to the City Engineer, except where a different time for submittal is specified in this Subsection. (Three copies shall be provided of the map and of items 1 through 4.)

1.

Preliminary Subdivision Guarantee and Title Report. A preliminary Subdivision Guarantee, showing the names of all persons having any record title interest in the land to be subdivided together with the nature of their respective interests, and a Title Report containing the legal description of the lands being subdivided, issued by a title company acceptable to the Ventura County Recorder and authorized by the laws of the State to write the same.

Record data and traverses. All record maps, deeds, and/or other documentation necessary to the review of the proposed subdivision, and traverses of the exterior boundary and of each parcel.

3.

Improvement plans. Improvement plans required by this Article, together with the calculations and additional information as will assist the City Engineer to properly check the improvement plans. The form of the improvement plans shall be as specified in Section 9-64.050. The plans shall be signed by the civil engineer of record attesting to their completeness.

4.

Cost estimates. Estimates for bonding purposes of grading and the cost of constructing required public infrastructure and onsite paving and drainage facilities. Unit costs shall be based on those provided in the City Schedule of Service Charges.

5.

Final hydraulics report. An engineering level hydraulics report specifying the parameters for storm drain, street, and detention basin construction.

6.

Geotechnical (soils) report. An engineering level geotechnical report specifying the parameters for grading and construction.

7.

Geotechnical (soils) certificate. A certificate signed by the geotechnical engineer and/or engineering geologist making the geotechnical report and/or geologic report shall be required on the improvement plans prior to approval by the City Engineer.

8.

Fire District Verification. A statement, or signature on the improvement plans prior to approval by the City Engineer, from the Ventura County Fire Protection District that adequate fire protection facilities have been planned for the proposed subdivision and for use by the Ventura County Fire Protection District.

9.

FEMA Compliance. Where applicable, a Conditional Letter of Map Revision (CLOMR) shall be provided prior to approval of the plans. A Letter of Map Revision (LOMR) or Letter of Map Amendment (LOMA) shall be provided prior to issuance of a Certificate of Occupancy.

10.

Water supply verification. A statement (availability letter) from the appropriate water purveyor that it will provide water service for the proposed subdivision, shall be submitted prior to issuance of any permit. In the event that the proposed subdivision will have 500 or more residential units, the water supply certificate shall comply with the requirements of Map Act Section 66473.7.

11.

Sewer services verification. A statement (availability letter) from the Simi Valley Sanitation Division (SVSD) that it will provide sewage service for the proposed subdivision, shall be submitted prior to issuance of any permit. If an alternate method of sewage is proposed, a statement from the SVSD and the Ventura County Division of Environmental Health approving that alternative method, shall be submitted.

12.

Offsite easements. Notwithstanding Sections 9-61.020(C)(7)(k) and (l), written evidence, acceptable to the City Engineer, of rights-of-entry or permanent easements on or across private property not within the proposed subdivision, as may be necessary to allow performance of the work necessary to improve the subdivision, to allow for the maintenance of the subdivision improvements once completed, to allow for permanent public access to the proposed subdivision, and to allow for and to grant necessary slope rights, shall be submitted before City approval of the Parcel Map or Final Map, except as otherwise provided in Map Act Section 66462.5.

13.

Stormwater acceptance. Written evidence, in the form of an easement or acknowledgment acceptable to the City Engineer, as may be necessary to provide for the acceptance of stormwater generated by the proposed subdivision, shall be submitted prior to issuance of any permit, except as otherwise provided in Map Act Section 66462.5.

14.

Railroad crossings. The written acknowledgement of any affected railroad company, stating that satisfactory arrangements providing for all required railroad crossings have been made, shall be submitted prior to the issuance of any permit.

15.

Improvement agreements. The subdivision improvement agreement and securities required by the Subdivision Map Act or this Article shall be submitted in triplicate original before City approval of the Parcel Map or Final Map.

16.

Consent certificate. A certificate signed and acknowledged by all parties having record title interest in the real property subdivided, consenting to the preparation and recordation of the final map, subject to the exceptions provided in Map Act Section 66436, shall be provided on the Parcel Map or Final Map, prior to approval by the City Engineer.

When land is divided into four or fewer parcels, where dedication or offers of dedication are not required, the certificate may be signed and acknowledged by the subdivider only. However, where a subdivider does not have a record title, ownership interest in the property to be divided, the subdivider shall provide the City Engineer with satisfactory evidence that the persons with record title ownership have consented to the proposed subdivision, in compliance with Map Act Section 66445, Subsections (e) and (f).

17.

Dedications for public use. All titles, rights, and easements specified in this Article shall be offered for dedication to the City or other appropriate public agency not later than the time the Parcel Map or Final Map is filed for approval. All dedications offered in compliance with this Section shall be free of all liens, encumbrances, assessments, and leases, except that rights-of-way may be subject to public utility easements if found acceptable by the City Engineer. All dedications of fee simple title shall be shown as "lettered" parcels on the Parcel Map or Final Map.

Dedications of rights-of-access to and from parcels abutting on controlled access roads and streets or public rights-of-way shall be that owners of the parcels shall have no rights whatsoever in the roads, except in the general right of travel which belongs to the whole public.

All dedications for drainage or flood control purposes, required to be provided in compliance with this Article, shall be offered to either the City or the Ventura County Watershed Protection District (VCWPD) as may be appropriate. All dedications required to be provided to VCWPD for flood control channels, detention basins, or conduits or laterals thereto, shall be of fee simple title; provided, however, that an offer of dedication of the rights-of-way may be of easement interest in lieu of fee simple title when acceptable to VCWPD. All other rights-of-way for drainage or flood control purposes, required to be provided by this Article, shall be of easement interest.

18.

Deeds. Whenever land, easements, or rights-of-way are to be dedicated for public use and are not dedicated by the owners certificate on the Parcel Map or Final Map, separate offers of dedication or grant deeds, acceptable to the City Engineer, in accordance with State and local laws, shall be submitted before City approval of the map.

19.

Tax Collector's letter. A current letter, signed by the Ventura County Tax Collector certifying that there are no liens against the subdivision, or any part thereof, for unpaid State, County, municipal, or local taxes, or special assessments collected as taxes, except taxes or special assessments not yet payable, and certifying the amount of taxes and assessments which are a lien, but which are not yet payable, shall be submitted to the Ventura County Surveyor prior to recordation of the Map. A letter shall be deemed current if it is dated no more than 90 days before submission.

20.

Subdivision Guarantee. A Subdivision Guarantee issued by a title company acceptable to the County Recorder and authorized by the laws of the State to write the same, showing the names of all persons having any record title interest in the land being subdivided, together with the nature of their respective interests, shall be submitted to the Ventura County Surveyor with the Parcel Map or Final Map at the time of recordation of the map. The Subdivision Guarantee shall be for the benefit and protection of the City in an amount equal to the assessed value of and shall cover all lands to be dedicated for public use and shall not be less than One Thousand and No/100ths ($1,000.00) Dollars.

Certificates, statements, and acknowledgments by separate instrument for Final Map. The certificates, statements, and acknowledgments required by Map Act Sections 66436 and 66443 shall be provided as a separate instrument to be recorded concurrently with the Final Map being filed for record.

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

9-62.050 - Filing and Processing of Parcel Maps and Final Maps

A.

Filing with the City Engineer. A Parcel Map or Final Map being submitted for approval shall be first submitted to the City Engineer. The number of copies of a Final Map or Parcel Map to be submitted shall be as specified by City requirements. Before the execution of the City Engineer's Certificate in compliance with this Section, the subdivider shall pay all required checking fees as established by the City Schedule of Service Charges.

B.

Time of filing. For purposes of Sections 66452.6, 66457, and 66463.5 of the Map Act and this Article, a Parcel Map shall be deemed to be "filed" with the City Engineer on the date it is submitted to the City Engineer, along with all required plans, documents, agreements, securities, and fees, in a form and condition that would permit the City Engineer to sign the certificate identified in Section 9-62.060(A).

C.

Review of Parcel Map. The City Engineer shall examine the Parcel Map or Final Map and determine whether it is technically correct and is in full compliance with the Map Act and this Article, and is in substantial compliance with the approved Tentative Map and conditions of approval. If the City Engineer is not satisfied as to these matters, the Engineer shall return the Parcel Map or Final Map to the subdivider and inform the subdivider of the noted deficiencies.

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

9-62.060 - Parcel Map or Final Map Approval and Recordation

A.

Approval by City Engineer. Upon completion of review, the subdivider shall submit the original tracing of the Parcel Map or Final Map, prepared in compliance with the Map Act and this Article and corrected as to its final form, signed by all parties required by the Map Act and this Article, for approval by the City Engineer. The subdivider shall also provide to the City Engineer a map routing slip containing the signature of each agency, or department, which provided conditions of approval acknowledging satisfaction of that agency's conditions. If the City Engineer is satisfied that all conditions of "filing" as specified herein have been met, the City Engineer shall sign the appropriate certificate.

B.

Approval by Council. Following submittal to, and certification by, the City Engineer, Parcel Maps which require a subdivision improvement agreement and Final Maps shall be filed with the Council for approval.

The Council shall consider the Map and improvement agreement at the meeting at which it receives the Map or at its next regular meeting after the meeting at which it receives the Map. The Council shall have approved the subdivision improvement agreement before approving the Map. If the Council does not approve the Map, it shall make a finding identifying the requirements or conditions, which have not been met. The Map may be resubmitted to the Council when the requirements or conditions have been met. The Council may waive any unmet requirement or condition which is the result of technical and inadvertent error which it determines does not materially affect the validity of the Map, in compliance with Map Act Section 66473.

C.

Delegation of authority for approval to City Engineer. The Council may delegate authority for approval of a Parcel Map with a Subdivision Agreement or Final Map to the City Engineer, or his designee. The City Engineer, or his designee, may also accept, subject to improvements, or reject dedications and offers of dedication that are made by a statement on the map. If the Council delegates its authority:

1.

The City Engineer, or his designee, shall notify the Council at its next regular meeting after he receives the map that he is reviewing the map for its final approval;

2.

The City Engineer shall approve or disapprove the Final Map within 10 days following the Council meeting that was preceded by the notice in Subsection 4 below;

3.

The City Engineer's action may be appealed to the Council;

4.

The City Clerk shall provide notice of any pending approval or disapproval by the City Engineer, or his designee, which notice shall be attached and posted with the Council's regular agenda and shall be mailed to interested parties who request notice; and

5.

The Council shall periodically review the delegation of authority to the City Engineer, or his designee. Except as specifically authorized by Subdivision Map Act Section 66458(d), the processing of final maps shall conform to all Subdivision Map Act requirements.

D.

Completion of approval. If the subdivision improvement agreement and Parcel Map or Final Map are approved by the Council, it shall instruct the Mayor to execute the agreement on behalf of the City and sign the City Council Certificate on the Map. If the Subdivision Improvement Agreement and Parcel Map or Final Map are approved by the City Engineer, the City Engineer shall execute the agreement on behalf of the City.

Parcel Maps which do not require a Subdivision Improvement Agreement are complete upon approval of the City Engineer. In such cases, the City Manager exercises the authority to accept offers of dedication and approve abandonments, except that the Utilities Engineer may accept water and sewer offers.

E.

Filing with the County Recorder. Upon approval of a Parcel Map or Final Map, the City Engineer shall notify the subdivider or authorized agent that the map may be conveyed by bonded courier to the Ventura County Surveyor for transmittal to the Ventura County Recorder at such time as the tax bond and subdivision guarantee are provided.

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

In addition to the information required to be included in Parcel Maps and Final Maps (Section 9-62.040 additional information may be required to be submitted and recorded simultaneously with a Parcel Map or Final Map as required by this Section, in compliance with Map Act Section 66434.2.

A.

Preparation and form. The additional information required by this Section shall be presented on standard letter or legal sheet size for recordation in the official records of the County Recorder.

B.

Content of information sheets. Supplemental information sheets shall contain the following statements and information:

1.

Title. A title, including the number assigned to the referenced Parcel or Final Map, and the words "Supplemental Information Sheet";

2.

Explanatory statement. A statement that the supplemental information is recorded concurrent with the subject Parcel or Final Map, and that the additional information being recorded with the Parcel or Final Map is for informational purposes, describing conditions as of the date of filing;

3.

Location map. A location map, indicating the location of the subdivision within the City; and

4.

Information required by conditions of approval. Any information required by the approval body to be included on the supplemental information sheets because of its importance to potential successors in interest to the property.

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

A.

Amendment permissible with an amending map or certificate of correction. An amendment permissible with an amending map or certificate of correction shall comply with Map Act Section 66469.

B.

Submittal and approval of City Engineer. The amending map or certificate of correction, complete as to final form, shall be submitted to the City Engineer for review and approval. The City Engineer shall examine the amending map or certificate of correction and if the only changes made are those identified in Map Act Section 66469, shall certify this fact on the amending map or certificate of correction.

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

Chapter 9-63 - Additional Subdivision Procedures

This Chapter establishes requirements for the filing, processing and approval or disapproval of applications for Certificates of Compliance, Lot Line Adjustments, Parcel Mergers, Voluntary Mergers, and Reversions to Acreage.

(§ 5, Ord. 1085, eff. January 6, 2006 as amended by § 2 (Exh. A), Ord. No. 1343, eff. November 10, 2022)

The City shall process and decide upon applications for Certificates of Compliance in compliance with Map Act Sections 66499.34 and 66499.35, and as follows.

A.

Application. Any owner of a parcel, or any vendee of the owner in compliance with a contract of sale of the parcel, may submit to the City Engineer, in a form developed by the City, an application for a Certificate of Compliance. The application shall be accompanied by a current title report, deeds and other documentation necessary to a determination, and the processing fee specified by the City Schedule of Service Charges.

B.

Review by City Engineer. The City Engineer shall review the completed application in the light of public records. If the City Engineer is able to determine from this review that the parcel is clearly in compliance with the provisions of this Article and the Subdivision Map Act, a Certificate of Compliance shall be issued for the parcel pursuant to Map Act Section 66499.35(a) and delivered to the County Recorder for recordation. If the City Engineer determines from this review that the parcel is not in compliance, the City

Engineer shall issue a Conditional Certificate of Compliance pursuant to Map Act Section 66499.35(b) to be submitted to the County Recorder for recordation.

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

A Lot Line Adjustment will be permissible under the conditions identified in Map Act Section 66412(d).

A.

Application requirements. An application for Lot Line Adjustment Approval may be filed with the City Engineer, in a form developed by the City, and shall include the written consent of all affected owners, a title report for each affected property, legal descriptions and map exhibits for all affected properties, and the processing fee specified by the City Schedule of Service Charges.

B.

Lot Line Adjustment Approval. After a determination by the Department of Environmental Services that the Lot Line Adjustment would comply with zoning and building regulations, a Lot Line Adjustment shall be approved by the City Engineer, provided that all criteria identified in Map Act Section 66412(d) are met. After City approval, the applicant shall be responsible for recording the approval document and paying the necessary fees charged by the County Recorder for recording the Lot Line Adjustment Approval.

C.

Binding nature of approval. Once recorded, the owners shall be bound to affect conveyance of the land in accordance with the approval, and shall not have the right to convey by prior property description.

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

Procedures for merger of parcels. Two or more parcels may be merged as follows.

A.

Parcels may be merged by Parcel Map, Final Map, Reversion to Acreage, Lot Line Adjustment, or Exclusion.

B.

Parcels may be merged upon the initiation of the City, in compliance with Map Act Chapter 3, Article 1.5, by Notice of Merger. A parcel or unit may be merged with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size as identified by this Development Code applicable to the parcels or units of land and if all of the requirements of Map Act Section 66451.11 are satisfied.

C.

Requirements for parcel mergers shall be in accordance with Government Code Section 66499.20 1/4 of the Subdivision Map Act.

D.

Parcels may also be merged in compliance with Map Act Sections 66499.20-1/2, or 66499.20-3/4; provided that a merger in compliance with Map Act Section 66499.20-3/4 shall require the recordation of an instrument evidencing the merger in the same manner as required by Map Act Section 66499.20-1/2.

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

A.

Purpose; Concurrent Processing with Discretionary Projects. The purpose of this Section is to establish ministerial procedures for processing voluntary merger applications with regard to merging contiguous lots under common ownership into a single lot without reverting to acreage, as authorized by Government Code section 66499.20.3. In instances where a voluntary merger is requested in conjunction with a project involving an application for a Conditional Use Permit, Planned Development Permit, or other discretionary permits involving some or all of the property subject to the voluntary merger, the voluntary merger application shall be processed concurrently with the application for the discretionary permits, including for purposes of evaluating the project's potential environmental effects.

B.

Application. Applications for the approval of a Voluntary Merger shall be filed with the office of the City Engineer. No application shall be accepted for filing and processing if there is a violation of the SVMC, or any provision of this Chapter on the subject lot(s) unless:

1.

The acceptance of the application is necessary to abate the existing violation and unless it conforms to the requirements of this Chapter;

2.

Contains in a full, true, and correct form, the required information prescribed by the forms supplied by the Department of Public Works; and

3.

Is accompanied by the appropriate fees.

C.

Filing and Processing Requirements.

The application for a Voluntary Merger shall be processed by the office of the City Engineer if all information and documents requested in the application, including each item listed below in Section 9-63.045.C.1.a. through C.1.g., shall be submitted and concurrently reviewed to the satisfaction of the Planning Division until deemed complete.

a.

A deposit of the required fees pursuant to the City's Fee Schedule to process and record a Certificate of Compliance for the voluntary merger.

b.

A current preliminary title report showing all parties with a legal or equitable interest in the lots and all easements, covenants, and other encumbrances and interests in the affected lots at the time of the filing of the application for the voluntary merger.

c.

All parties having any record title interest in the lots subject to the voluntary merger application shall consent in writing to the voluntary merger subject to the exceptions set forth in Government Code Section 66436.

d.

If any of the existing lots are developed, a site plan prepared by the project surveyor that depicts the location of any buildings or structures with a notation of setback distances from the resulting adjusted lot lines.

e.

Documentation, as required by the City Engineer, to establish that each of the lots that are subject to the voluntary merger are legal lots. The applicant is encouraged to consult with the City Engineer prior to submitting a voluntary merger application that involves illegally created lots to confirm compliance with Section 9-63.045.G paragraphs 1, 2, and 9.

f.

Legal description and a map prepared by a person authorized to practice land surveying or land surveyor, of the new boundaries of the merged lot as adjusted by the voluntary merger. The sketch shall also include: (i) the boundaries of each of the existing lots at the time of application; and, (ii) a north arrow and the bearings and distances for the merged lot lines. A record of survey may be voluntarily submitted as a substitute for a map.

g.

Draft certificate of voluntary merger (see Section 9-63.045.K below) and deed(s) reflecting the adjusted property boundaries.

The voluntary merger application shall be processed ministerially without a public notice or hearing

D.

City Engineer and Planning Division Review.

1.

The City Engineer and the Planning Division shall review the voluntary merger application. If additional information is needed, the applicant shall provide the documents and information requested by the City Engineer and the Planning Division in order to deem the application complete. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons therefor and informed of the information needed to make the application complete.

2.

The City Engineer shall determine whether the documents required to effectuate the Voluntary Merger are technically correct, including the deeds, legal description, and map. When the City Engineer is satisfied that the documents to be recorded to complete the voluntary merger are technically correct, the City Engineer shall stamp and transmit the documents to the Planning Division for recordation with the Office of the County Recorder upon final approval of the application by the advisory agency pursuant to Section 9- 63.045.J of this Chapter.

E.

Termination of Incomplete Application. An incomplete voluntary merger application may be terminated in the same manner for terminating an incomplete land use permit application as set forth in Section 9- 50.060.A.5, "Application deemed withdrawn".

F.

Designated Advisory Agency. The City Engineer or designee is the designated advisory agency for ministerial voluntary merger applications under this Article.

G.

Standards for Approval. A Voluntary Merger that complies with the following standards shall be ministerially approved, subject to compliance with all other requirements of this Article:

1.

Each of the lots to be merged are legal lots. However, a legal lot that was illegally subdivided thus creating two or more illegal lots may be merged back into its original configuration as the legal lot existed prior to the illegal subdivision so long as the other criteria of approval set forth in this section are met.

2.

If one or more involved parcels is subject to a conditional certificate of compliance, the conditions of development must be fully satisfied by the merger. Notwithstanding the foregoing, if a condition of development that would not be satisfied relates to minimum parcel size, the merger shall be approved with

the condition that the deed or deeds recorded to effectuate the merger contain an express statement that the resulting parcel remains subject to the conditional certificate of compliance, whose recording information shall be noted on the deed or deeds.

3.

The lots to be merged are contiguous to each other.

4.

The lots to be merged are under the same ownership.

5.

If there are any liens or deeds of trust, they shall encumber the entire merged lot. There cannot be any liens or deeds of trust encumbering only a portion of the merged lot.

6.

The voluntary merger will not adversely affect existing easements of record on any of the lots or any conditions of approval, dedications, offers to dedicate, or security arising from a previously recorded map that created any of the lots subject to the voluntary merger application.

7.

The Voluntary Merger will not alter the exterior boundary of the lots to be merged.

8.

The City Engineer has approved the legal description as accurately representing the exterior boundaries of the resulting merged lot.

9.

The Voluntary Merger will not render any existing conforming structures or existing conforming uses on any of the involved lots to become a nonconforming structure or use. Existing legal nonconforming structures or uses on any of the lots subject to the application are not grounds to deny the voluntary merger.

10.

The deed or deeds submitted to the City Engineer to effectuate the merger shall contain an express statement of the grantor(s), pursuant to Section 1093 of the Civil Code that the intent of the grantor and the purpose of the deed is to merge all of the property described in the deed into a single lot.

H.

Conditional Approval.

The only conditions the advisory agency may impose on the approval of a voluntary merger are those required:

a.

Conform the merged lot to all objective standards and requirements of the General Plan, Zoning Ordinances and City of Simi Valley Improvement Standards and Specifications;

b.

Require the prepayment of real property taxes prior to the recordation of the voluntary merger; and

c.

Facilitate the relocation of existing utilities, infrastructure, or easements.

2.

If the voluntary merger application is conditionally approved, the advisory agency shall send a letter of conditional approval notifying the applicant of the conditions to be fulfilled prior to recordation of the voluntary merger. If the conditions are not fulfilled within one year of the date of the letter, the voluntary merger shall expire and become null and void unless the applicant obtains a written extension from the advisory agency pursuant to Section 9-63.045.I, "Extension of Conditional Approval" of this Chapter.

3.

A conditionally approved voluntary merger shall be deemed ready for recordation when the advisory agency determines that the conditions have been fulfilled and is in receipt of the following:

a.

An up-to-date preliminary title report;

b.

The voluntary merger documents approved by the City Engineer (e.g., legal description and a map); and

c.

All deeds prepared for recordation as approved by the City Engineer pursuant to Section 9-63.045.C.1.g of this Chapter.

4.

Upon receipt of the documents required by Section 9-63.045.H.3 above, the advisory agency shall cause each of the City Engineer-approved voluntary merger documents and deeds to be recorded in the Office of the County Recorder.

I.

Extension of Conditional Approval. Prior to the expiration of the conditional approval of the voluntary merger application pursuant to Section 9-63.045.H.2 above, the advisory agency may grant one extension of up to six (6) months if the applicant demonstrates good cause.

J.

Certificate of Voluntary Merger. The recordation of a Certificate of Voluntary Merger and the deed(s) shall effectuate the voluntary merger of the separate lots into a single lot for the purposes of the Subdivision Map Act and this Chapter, and the lots shall thereafter be treated in all respects as a single lot. The Certificate of Voluntary Merger shall constitute a Certificate of Compliance for the merged lot.

K.

Certificate of Voluntary Merger Requirements. A Certificate of Voluntary Merger shall include all the following:

1.

All parties having any record title interest in the merged lot shall execute the Certificate of Voluntary Merger before a Notary Public and submit it to the City Engineer, excepting all those interests that are excepted pursuant to the provisions of Government Code Section 66436. The City Engineer shall also execute the Certificate of Voluntary Merger, but the signature need not be notarized.

The Certificate of Voluntary Merger shall include an express written statement that the consolidation of the legal descriptions of the lots is intended by the owner(s) to merge those lots into a single lot as set forth in the legal description of the merged lot. This shall be accomplished as follows:

a.

The deed or deeds that comprise the ownership interests of each lot subject to the voluntary merger shall be attached to the certificate of voluntary merger, or the recorder number of each deed to each lot subject to the Voluntary Merger shall be referenced in the Certificate of Voluntary Merger.

b.

The legal description of the merged lot approved by the City Engineer shall be attached to the Certificate of Voluntary Merger.

(§ 2 (Exh. A), Ord. No. 1343, eff. November 10, 2022)

A.

A Reversion to Acreage shall be initiated, processed, reviewed, and approved or denied in compliance with Map Act Sections 66499.11 et seq. and the findings therein. Conditions of approval may require dedications necessary to the orderly development of the area.

B.

An application for reversion submitted by a property owner shall include all information required by the Department, and shall include the fee required by the City Schedule of Service Charges.

C.

A Parcel Map may be filed to revert to acreage land previously subdivided as four or fewer contiguous parcels under the same ownership, in compliance with Map Act Section 66499.20-1/4; otherwise a Final Map shall be required.

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

Chapter 9-64 - Subdivision Design and Improvement Requirements

This Article establishes standards for the design and layout of subdivisions, and the design, construction or installation of public improvements within subdivisions. The purpose of these standards is to ensure, through careful site evaluation and design, the creation of new usable parcels that are consistent with the General Plan and any applicable Specific Plan.

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

9-64.020 - Applicability of Design and Improvement Standards

The requirements of this Article apply as follows:

A.

Extent of required improvements. Each subdivision shall provide the improvements required by this Article, and any additional improvements required by conditions of approval.

B.

Applicable design standards. As authorized by Map Act Section 66462(b), Ventura County Road Standards, the current edition of Standard Plans and Standard Specifications for Public Works Construction (Green Book), Ventura County Land Development Manual, Ventura County Waterworks District No. 8 Water Design and Construction Standards, City Wastewater Design and Construction Standards, Ventura County Flood Control Manual, City Geotechnical Guidelines, Ventura Countywide Stormwater Quality Management Technical Guidance Manual, and any other standards adopted by the Council are hereby adopted by reference and all subdivision improvements shall be designed and installed in compliance with these standards and specifications, and the amendments and additions made from time to time by the Council. In the event of conflict between the specifications, the City Engineer's decision shall be final as to which improvement standard is applicable.

C.

Subdivision improvement standards - Conditions of approval. The improvement and dedication requirements of this Article and any other improvements and dedications required by the review authority in compliance with Section 9-61.050 (Tentative Map Public Hearing and Action), shall be described in

conditions of approval adopted for each approved Tentative Map (Section 9-61.070). The design, construction or installation of all subdivision improvements shall comply with Subsection B.

D.

Conflicting provisions. In the event of any conflict between the provisions of this Article and other provisions of this Development Code, or other provisions of the Municipal Code, the most restrictive provisions shall control. In the event of any conflict between the provisions of this Article and the Map Act, the Map Act shall control.

E.

Supplemental capacity. The City may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental sizes, capacity, or number for the benefit of property not within the subdivision and that the improvements be dedicated to the City.

1.

Public hearing and findings. The Council shall hold a public hearing in compliance with Map Act Section 66451.3 before establishing any charge, area of benefit, or local benefit district. Before the establishment of a charge, area of benefit, or local benefit district, the Council shall find that the fee or charge and the area of benefit or local district is reasonably related to the cost of the supplemental improvement and the actual ultimate beneficiaries thereof.

2.

Notice of hearing. In addition to the notice required by Map Act Section 66451.3, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment role, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. The notices shall be mailed at least 10 days before the date established for hearing.

3.

Reimbursement of subdivider. Pursuant to the adopted Master Plan of Drainage, the Sewer Master Plan Update, and the City and County Traffic Impact Fee programs, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of the charges as identified in Map Act Sections 66483, 66483.1, 66483.2 and 66484. Alternatively, the conditions of approval of a project may require supplemental facilities, or the construction of intersections or thoroughfares, in excess of the construction required for the project, and authorize a reimbursement agreement in compliance with Map Act Section 66486 whereby subsequent development benefiting from such facilities shall provide reimbursement.

F.

Exceptions. Exceptions to the provisions of this Article may be requested and considered in compliance with Section 9-60.100 (Exceptions to Subdivision Standards).

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

9-64.030 - Subdivision Design Standards

A.

Access and rights-of-way.

1.

Each parcel shall have direct access to a public street, except where private street, common driveway or other access easement rights are specifically approved by the Director and the City Engineer and made a matter of record in the Ventura County Recorders office. The access easement shall be reserved on the map in perpetuity for the benefit of the affected parcels.

2.

The street layout of a proposed subdivision shall be consistent with all street right-of-way designations shown on the Circulation Element of the General Plan or any applicable specific plan at the time the Tentative Map is approved. For alignments not shown on the Circulation Element of the General Plan, the City Engineer shall approve alignments that are consistent with the General Plan or any applicable specific plan.

B.

Drainage and drainage easements.

1.

The design of a proposed subdivision shall provide for the proper drainage of the proposed subdivision, including all parcels and improvements, based on the runoff that can be anticipated from ultimate development of the watershed area in which the subdivision is located. Stormwater detention measures shall be provided to limit project runoff to a 10-year-developed storm event, and additional detention shall be provided to the extent possible when required by the City Engineer to reduce any adverse effects of runoff on downstream properties, whether due to quantity, frequency, or lack of downstream capacity.

2.

The design shall ensure that there are no undrained depressions. Rights-of-way shall be provided within the proposed subdivision to provide for flood control channels and conduits, or laterals thereto, which may be constructed within or abutting the proposed subdivision and which are included in the Comprehensive Plan of Flood Control Channels approved by the Board of Supervisors of the Ventura County Watershed Protection District and the Simi Valley Master Plan of Drainage. Access to open channels included in the Comprehensive Plan of Flood Control Channels shall be provided along the entire length of the channel. Access to public underground drainage conduits shall be provided by an easement of not less than 15 feet in width centered directly above the entire length of the conduit.

3.

The proposed subdivision shall be designed to protect the parcels and improvements, both within the subdivision and of abutting properties, from offsite drainage or flood damage. Offsite storm drain

improvements may be required to satisfy this requirement. The design shall also ensure that all public facilities (e.g., sewer, gas, electric and water systems) are located, elevated, and constructed so as to minimize or eliminate flood damage. Further, the design shall provide that any concentrations or increases of surface water received by or resulting from the development of the proposed subdivision are conveyed by means of adequate facilities to a suitable natural watercourse in the area or other drainage facility approved by the City Engineer. Offsite rights-of-way as may be necessary for the facilities shall be provided by the subdivider subject to review and approval by the City Engineer. All rights-of-way required to be provided in compliance with this Section shall be offered for dedication at the time the Parcel Map or Final Map is filed for approval.

4.

All subdivisions shall comply with the City's Flood Damage Prevention Ordinance SVMC Section 7-5.101 et seq., and if applicable, pertinent FEMA regulations. All subdivisions shall provide for construction of drainage facility in compliance with the City's Master Plan of Drainage. At the City Engineer's discretion, pro-rata share payment, based upon developable project area within a drainage area or other applicable formula as determined by the City Engineer, to equitably distribute costs within a watershed, may be allowed in lieu of construction of Master Plan of Drainage facilities.

C.

Grading and erosion control. Every map which proposes grading shall comply with the requirements in this Article and with the Grading Ordinance (California Building Code Appendix Chapter 33, SVMC Section 8- 4.01 et seq.) and the Stormwater Quality Management Program, SVMC Section 6-12.101 et seq., for grading and erosion control, including the prevention of sedimentation or damage to offsite property.

D.

Parcel requirements. Each parcel in a proposed subdivision shall comply with all applicable requirements of this Development Code before the application is deemed complete, unless a Variance is being requested as part of the application.

E.

Sanitary sewer service. Whenever a proposed subdivision is located within reasonable proximity to a public sewer service area, the public sewer shall be extended by the subdivider to provide sewer service for the proposed subdivision. Upon application of the subdivider, with concurrence of the State and County health agencies, the Commission may waive the requirements of this Section for good cause shown at the time the Tentative Map is submitted for approval.

F.

Street lighting. Before approval of a Parcel Map or Final Map, the subdivider shall cause the area within the subdivision to be annexed into the Simi Valley Lighting Maintenance District, which is the district providing street lighting. The Advisory Agency may waive this requirement for Parcel Maps if it finds that inclusion within a service area is unnecessary because of the size or location of the proposed parcels or that inclusion could be more appropriately a condition of approval of a future development.

G.

Utility easements. Whenever possible, utilities in a proposed subdivision required pursuant to this Article, shall be placed in easements of sufficient width located along parcel lines.

H.

Water service. Whenever a proposed subdivision is located within the jurisdiction of a public water agency willing and able to provide water service to the parcels, that public water agency shall be chosen as the water purveyor for the proposed subdivision. Where an adjoining water agency can better provide the services, is willing to provide the service, and has the concurrence of the water agency having jurisdiction, the service to the project shall be provided by the adjoining water agency. Upon application of the subdivider and concurrence of the State and County health agencies, the Commission may waive the requirements of this Section at the time the Tentative Map is submitted for approval.

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

All streets, curbs, gutters, sidewalks, street signs, underground utilities, and other public infrastructure required to be constructed by a subdivision shall be installed or improved in compliance with the standards specified in the Simi Valley Subdivision Improvement Standards and Specifications in effect at the time of construction.

A.

Extent of improvements required.

1.

Requirements for parcel maps of four or fewer parcels. Required subdivision improvements for Parcel Maps of four or fewer parcels shall comply with Map Act Section 66411.1.

2.

Requirements for parcel maps and final maps.

a.

As a condition of approval of a Parcel Map or Final Map, the subdivider shall dedicate or make irrevocable offers of dedication of streets, access rights and abutters rights, drainage facilities, public utility easements, and other public easements, the need for which is generated by the project.

b.

In addition, before the approval of a Parcel Map, where public improvements or grading other than that allowable under a Single-Family Residential Building Permit are required, or of a Final Map, the subdivider shall complete or enter into an agreement with the City to complete (with proper securities) all grading, streets, drainage facilities, common area landscaping, public utility infrastructure, and other public facilities necessary to support the proposed subdivision.

3.

Improvement requirements for designated remainder parcels. Improvement requirements for designated remainder parcels shall comply with Map Act Section 66424.6.

B.

Abandoned pipelines. All abandoned underground pipes and openings encountered during construction of any improvements in the subdivision shall be removed by the subdivider or sealed in a manner satisfactory to the City Engineer.

C.

Drainage.

1.

Compliance with Master Plan and standards. Subject to the provisions of this Chapter, all facilities for drainage, including detention facilities, required for the proposed subdivision, regardless of location, shall be constructed by the subdivider in compliance with the City's Master Plan of Drainage and the requirements specified in the Simi Valley Subdivision Improvement Standards and Specifications in effect at the time of construction.

Pad elevations shall be designed so that all structures (buildings) shall have finished floors a minimum of one foot above any 100-year frequency storm flow or detention basin high water level.

2.

Stormwater detention basins. Detention basins shall be required for all subdivisions other than single-family residential subdivisions of four or fewer parcels, unless required pursuant to Subsection 3, below, and shall be built on privately owned property and shall be privately funded for maintenance purposes, except when the conditions of approval require dedication to the Ventura County Watershed Protection District and the District accepts the facility. Detention shall be not less than 1,000 cubic feet per acre of developed property when the project is 10 acres or less, and may be based on the hydrograph flood routing method with 10year developed runoff for larger sites.

Additional detention shall be provided to the extent possible when required by the City Engineer to reduce the effects of runoff on downstream properties, whether due to quantity, frequency, or lack of downstream capacity.

3.

Stormwater Quality Management Program. All projects shall comply with the Ventura Countywide Stormwater Quality Management Program, Ordinance 1004, SVMC Section 6-12.101 et seq.

D.

Fences and walls.

Required masonry walls and fences. Where determined by the Advisory Agency to be necessary for public welfare and safety, the subdivider shall construct freestanding masonry walls, wrought iron fencing, or a combination of both, which shall be approved as to type, size, and specifications by the Director along or at the following locations:

a.

On all parcel lines of the subdivision which adjoin drainage channels;

b.

Adjacent to all railroad rights-of-way which abut or pass through the subdivision;

c.

Adjacent to all major highway rights-of-way, as shown on the Circulation Element of the General Plan or any applicable specific plans, which abut or pass through the subdivision;

d.

Adjacent to all publicly owned property; and/or

e.

As required as a condition of approval of the map.

2.

Fencing of drainage channels in future phases. If a Final Map which does not include the entire Tentative Map area is submitted for approval, flood control and drainage channels within the Tentative Map area shall be fenced with permanent or temporary fencing or walled. If a temporary fence is constructed, it shall be replaced with the required permanent fence or wall when the land adjacent to the channel is included within a Final Map.

3.

Alternative materials. Textured block walls, chain link type fencing, ornamental wrought iron, heavy landscaping, or other appropriate fencing or combination thereof as approved by the Director may be substituted for masonry walls, which are otherwise required under by this Subsection.

4.

Timing of installation. All fences and walls required in compliance with this Section shall be completed before occupancy of the structures within any portion of the development in close proximity to areas requiring the fences or walls.

5.

Placement and maintenance. All fences and walls required by this Section shall be installed on private property and privately maintained.

E.

Fire protection. As a part of the water supply installed in the proposed subdivision, the subdivider shall install water mains, fire hydrants, gated connections and other fire protection facilities deemed necessary by the Ventura County Fire Protection District to provide adequate fire protection to the proposed subdivision. The installation shall be in compliance with the requirements specified in the Simi Valley Subdivision Improvement Standards and Specifications in effect at the time of construction.

F.

Streets.

1.

Barricades. Barricades conforming to City standards shall be constructed by the subdivider at the ends of all streets abutting undeveloped property adjacent to the proposed subdivision.

2.

Street names and traffic signs. Street name signs shall be installed by the subdivider at all intersections within the subdivision. Traffic control devices and signs shall be installed by the subdivider as specified by the City Traffic Engineer. All traffic control devices and signs shall conform to applicable laws and regulations.

3.

Street lights. Marbelite street light poles and luminaries shall be installed per the size and location, per the Simi Valley Improvements Standards and Specifications in effect at the time of construction and as specified by the City Traffic Engineer.

4.

Street tree planting. The improvement agreement executed in compliance with Section 9-68.080 shall include security for the planting within parkways or public service easements along sidewalks within the subdivision of at least one tree for each 50 feet of street frontage. The trees planted shall be of a type approved by the City, per the City's approved Street Tree List. A schematic plan for the proposed tree planting showing the type and location of the trees shall be submitted to the Director for approval before installation of the trees. Installation of the trees shall be completed before the occupancy of any development requiring street trees.

G.

Underground utilities. Except as otherwise provided in this Chapter of in Section 9-30.090, existing and proposed utilities including electric lines, communication lines, cable television lines, street lighting power supply lines, and appurtenances thereto, shall be placed underground and all such utility facilities including service laterals shall be installed in the ground before the paving of the streets. The City Engineer may authorize installation of utility facilities after street improvements are installed if the installation will not require reconstruction or repair of the street improvements or if unusual circumstances warrant. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed

nstalled in the ground before the paving of the streets. The City Engineer may authorize installation of utility facilities after street improvements are installed if the installation will not require reconstruction or repair of the street improvements or if unusual circumstances warrant. All necessary arrangements for the installation of utilities shall be made with the operator of each proposed

subdivision utility system in compliance with this Section. Certain utility appurtenances including transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts used in connection with underground facilities which cannot be placed underground without unreasonable expense may be placed on the surface of the ground if so approved by the City Engineer. The request shall be made at the time of approval of the Tentative Map.

H.

Water supply and sewage collection. Except as otherwise provided in this Chapter, and subject to the provisions of this Chapter, sewers and an adequate domestic water supply system shall be installed by the subdivider in each proposed subdivision and connections thereto made from each parcel within the subdivision.

I.

Water wells. All water wells within the proposed subdivision to be abandoned shall be sealed in a manner satisfactory to the Environmental Health Division of the Resource Management Agency of Ventura County. All water wells not abandoned shall be delineated as supplemental information pursuant to Section 9- 62.070, and measures satisfactory to the City Engineer shall be taken to prevent injury to persons or property by use of appropriate physical barricades and by use of deed restrictions.

J.

Telephone service. Telephone service shall be installed by the subdivider in each proposed subdivision and connections thereto made from each parcel within the subdivision.

K.

TV cable service. Cable TV service shall be installed by the subdivider in each proposed subdivision and connections thereto made from each parcel within the subdivision.

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

The subdivider's registered civil engineer shall prepare plans and specifications for improvements, except monuments, required for the proposed subdivision by this Chapter or the Subdivision Map Act as follows.

A.

Preparation of improvement plans. Improvement plans shall be printed or drawn clearly and legibly, with waterproof opaque ink, or reproduced by a process which results in a permanent record which will permit direct reproductions. Each sheet shall be 24 inches vertically by 36 inches horizontally with a marginal line drawn completely around each sheet, leaving an entirely blank margin of one and one-half inches on the left side and one-half inch on the other three sides. Text shall not be less than 0.08 inches in size. If the improvement plans include five or more sheets, a key map showing the sheets and the area covered by each sheet of the plan shall be included on the first sheet of the plans. The final submitted improvement plans shall be legibly drawn to a horizontal scale where one inch equals 40 feet and a vertical scale of one inch equals four feet where applicable. A different scale may be used with the approval of the City Engineer.

Preprinted standard title cover sheets for the improvements plans may be obtained from the City Engineer. The City Engineer shall charge the nominal cost of the title cover sheets to the subdivider. The form of all improvement plans shall conform to any reasonable additional requirements as may be established by the City Engineer.

B.

Standards. Standards shall be as provided in Section 9-64.020(B). All required improvements shall be made in compliance with the standards, unless a specific alternate design is approved. The specifications shall also apply to any improvements authorized by the City in advance of planned land development.

C.

Grading plans included in improvement plans. Improvement plans are required for both Parcel Maps and Final Maps and shall also include complete grading plans, except where stormwater detention and public improvements are not required. Grading plans for projects in excess of one acre shall be accompanied by a Stormwater Pollution Control Plan (SWPCP) or Stormwater Pollution Prevention Plan (SWPPP) providing for the control of illicit discharge, including prevention of sedimentation and damage to offsite property, in compliance with Map Act Section 66411 and the Ventura Countywide Stormwater Quality Management Program.

D.

Content of improvement plans. Improvement plans shall be prepared according to good engineering practice and the standards of the City or other entity having jurisdiction, under the direction of, and shall be signed by, a State registered civil engineer. The improvement plans shall show the complete plans, profiles, and details for all public and quasi-public improvements to be placed in a proposed subdivision, the location of retaining walls, including all grading and street work, curbs, gutters, sidewalks, drainage channels and structures, all underground utilities to be installed by the subdivider including all appurtenances thereto located within the right-of-way, bridges if constructed in conjunction with subdivision improvements, storm drains and culverts, the location of fire hydrants, and street lights, and other improvements which may be required to complete the work.

E.

Cost estimate. An estimate of the cost of the improvements to the proposed subdivision shall be prepared by the subdivider utilizing City supplied unit prices and cost estimate forms and shall accompany the improvement plans with the first submittal. They shall thereafter be updated with changes to the plans. Cost estimates shall include a separate item for contingencies in the amount of 15 percent of the estimated cost. Upon consideration of the estimate submitted by the subdivider, the City Engineer shall determine the estimated value of the improvement securities for the proposed subdivision.

F.

Changes in improvement plans. Subsequent to signed approval of the subdivision improvement plans by the City Engineer, no change shall be made to the plans without prior approval of the City Engineer. Changes approved by the City Engineer may require a change order or may be approved as an as-built

change. Each request for a change order shall be accompanied by the fee required by the City Schedule of Service Charges.

G.

Approval of improvement plans. The City Engineer, or the engineer for any other entity having jurisdiction over the improvements shown in the improvement plans shall review the plans, and, only if the plans fully comply with the requirements of the Map Act, this Chapter and the rules or regulations of the other entity, and substantially comply with the Tentative Map, shall the applicable engineer sign the improvement plans. The review and approval or disapproval of improvement plans by the applicable engineer shall comply with Map Act Section 66456.2.

H.

Record drawings (as-builts). At the time of completion of the improvements, required in compliance with this Chapter, and as a condition precedent to both the final inspection by the City Engineer and the exoneration of the improvement security, the subdivider shall submit two sets of prints and the original ink improvement plans which have been modified to reflect the improvements as constructed, with each sheet marked "Record Drawing" in one-half inch letters. The subdivider's project engineer of record shall also

as a condition precedent to both the final inspection by the City Engineer and the exoneration of the improvement security, the subdivider shall submit two sets of prints and the original ink improvement plans which have been modified to reflect the improvements as constructed, with each sheet marked "Record Drawing" in one-half inch letters. The subdivider's project engineer of record shall also

certify that all improvements have been constructed in compliance with the requirements of this Chapter and the approved plans as modified. A DXF or ArcInfo file, or other format as may be approved from time to time, of the record drawings shall also be provided.

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

A.

Applicability. Improvement agreements shall be required in compliance with this Section, and Map Act Section 66462, for each Parcel Map and each Final Map, unless otherwise provided herein.

B.

Delegation and review of authority. The Council may delegate the authority to approve or disapprove improvement agreements in compliance with this Section to the City Engineer, as allowed by Map Act Section 66462(d). The Council shall periodically review the delegation of authority to the City Engineer.

C.

Time for filing, form of agreement. Before submitting a Parcel Map, where public improvements or grading other than that allowable under a Single-Family Residential Building Permit are required, or a Final Map of a proposed subdivision for approval in compliance with this Article, the subdivider or any owner of land in the subdivision shall execute an improvement agreement, except as provided for in Section 9-64.040(A)(2)(b), in a form approved by the City Engineer and the City Attorney, whereby the subdivider or owner is bound to construct, within a reasonable time specified in the agreement, the improvements required for the subdivision.

D.

Effect of agreement. The agreement shall provide that the subdivider and each owner of land in the subdivision is bound to construct, within a reasonable time specified in the agreement, the improvements that have not been completed and accepted by the City before approval of the Final Map or Parcel Map.

E.

Time for completion of improvements. The agreement shall specify the time for completion of the improvements.

1.

The required time for the completion of improvements for a subdivision requiring a subdivision improvement agreement shall be as specified in the agreement or prior to issuance of a Zoning Clearance or Certificate of Occupancy as required by the conditions of approval, whichever occurs first.

2.

The time of completion of construction requirements for subdivisions which have multiple Final Maps may be specified by the City, including the authority to require completion of improvements for any incomplete phase of the multiple Final Maps.

F.

Minimum improvements for phased development. All required improvements, enabling each phase to be functional, shall be completed before final building inspection or occupancy of any unit within the subdivision, regardless of the sequence of construction of the Final Maps by the subdivider. Additional improvements may be required at earlier times during construction subject to the necessity of those improvements to protect the public health, safety and welfare.

G.

Performance security. The subdivider and each owner of the land in the subdivision shall secure execution of the agreement by good and sufficient improvement security in compliance with this Chapter.

H.

Approval and completion of agreement. The agreement, executed by the subdivider and owner, shall be submitted to the Council. If approved by the Council, the Mayor shall execute the agreement on behalf of the City.

I.

Time extensions for improvement agreement. The completion date specified by Section 9-64.080(D) may be extended by the City Engineer or the Council as provided herein, upon a written request by the developer and the submittal of adequate evidence to justify the extension. In consideration of a subdivision improvement agreement extension, one or more of the following may be required:

Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;

2.

Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;

3.

Increase of improvement securities in compliance with revised construction estimates;

4.

Assessment of additional inspection, plan check, and other fees, as appropriate, to incorporate improvement plan revisions and reflect current construction costs or changes in the method of calculation; or

5.

The Council may impose any requirements as the City Engineer may deem reasonable and necessary.

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

Any improvement, contract, or act required or authorized by the Subdivision Map Act, for which security is required by the Subdivision Map Act or this Chapter, shall be secured in the manner and amounts provided in Government Code Section 66499(a) and this Article. No Final Map or Parcel Map shall be signed by the City Engineer or submitted for approval until all improvement securities required by the Subdivision Map Act and this Article have been received and recorded if applicable. The form of security shall be one or more of the following or a combination as authorized in Government Code Section 66499(a):

A.

Bond or bonds by one or more duly authorized corporate sureties licensed to operate in California and signed by an agent headquartered in California. The form of the bond or bonds shall be in accordance with Government Code Sections 66499.1 and 66499.2 and bond form(s) shall be approved by the City Attorney.

B.

A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money or negotiable bonds of the kind approved for securing deposits of public moneys.

C.

An instrument of credit from an agency of the State, Federal, or local government when any agency of the State, Federal, or local government provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the State or

Federal government and pledging that the funds necessary to carry out the act or agreement are on deposit and guaranteed for payment, or a letter of credit issued by such a financial institution.

D.

A recorded lien upon the property to be divided, created by contract between the owner and the local agency, if the local agency finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map.

E.

Any recorded form of security, including security interests in real property having a value of not less than 100 percent of the required security, which is in a form acceptable to the City Attorney, subject to the approval of the City Manager, to guarantee the construction of the improvements.

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

A.

Commencement of improvements. Except as authorized by a Specific Plan or Development Agreement, grading of the proposed subdivision, or any disturbance of the land not exempted from the grading ordinance, including clearing and grubbing, and the construction of any improvements shall not begin until the City Engineer has approved all improvement plans for the proposed project in compliance with Section 9-64.050 (Improvement Plans) and until any required development permit has been issued.

B.

Work in compliance with standards and approved plans. All work shall be performed in compliance with the standards as identified in Section 9-64.050(B), the approved plans, and any special requirements, conditions, or specifications that are made a part of the permits. The City Engineer may authorize work which deviates from the standards, and approved plans shall constitute such authorization where specific design has been provided which deviates from the standards.

C.

Construction inspection. All improvements are subject to inspection by the City Engineer or authorized agent in compliance with the City's standards, approved plans, permit provisions, and good engineering practice.

1.

Pre-construction conference. Unless waived by the City Engineer, before commencing any construction, the developer shall arrange for a pre-construction conference with the City Engineer. Such conference should include the engineer of record, the prime contractor, and any outside agency or consultant with an interest in the conduct of the work.

Final inspection and deficiency list. Upon completion of the subdivision improvements and with a written statement to this effect by the engineer of record, the developer shall apply in writing to the City Engineer for a final inspection. The City Engineer or authorized representative shall schedule a final inspection.

a.

A deficiency list (final punch list) shall be compiled during the inspection, noting all corrections or any additional work required. If the number of items are excessive or the subdivision appears incomplete, the final inspection may be halted and rescheduled on a date as determined by the City Engineer or authorized representative.

b.

When the final inspection has been completed, a copy of the deficiency list shall be transmitted to the developer for correction.

c.

Upon having completed all corrections or additional work as outlined by the deficiency list, the developer shall certify in writing that all corrections have been completed satisfactorily and request a final acceptance of all improvements.

d.

Upon finding that all items on the deficiency list have been corrected and upon receipt and acceptance of record drawings, final soils/geotechnical report, certification of the project civil engineer, and any other pertinent requirement established by the City Engineer, the subdivision shall be placed on the Council agenda for acceptance of improvements.

e.

The completion of corrections indicated by the deficiency list shall not relieve the developer from the responsibility of correcting any deficiency not shown on the list that may be subsequently discovered.

D.

Completion of improvements. Unless a different time period is specified in the subdivision improvement agreement by the City, the subdivision improvements shall be completed by the developer within 18 months from the approval of the Agreement, and may be extended by the City Engineer, not to exceed a period of 30 months from the original approval of the Agreement, unless a further extension is granted by the Council.

E.

City completion of improvements. Should the developer fail to complete the improvements within the specified time, the City may, by resolution of the Council and at its option, cause any or all uncompleted improvements to be completed, and the parties executing the agreement and the surety or sureties shall be firmly bound for the payment of all necessary costs.

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

A.

Parcel Map and Final Map monuments. At the time of making the survey of a Parcel Map or Final Map, the engineer or surveyor shall set monuments in compliance with Map Act Chapter 4, Article 9. The exterior boundary of the land being subdivided shall be adequately monumented or referenced before the map is recorded. The interior monuments shall be set before Council acceptance of the improvements or within one year following approval of the Final Map, whichever comes later. The monuments shall be set as follows:

1.

Exterior boundary monuments shall be set at or near each boundary corner and at intermediate points approximately 1,000 feet apart, or at the lesser distances as may be necessary due to topography to ensure accuracy in reestablishment of any point or line without unreasonable difficulty;

2.

Centerline monuments shall be set to mark the intersections of all roads, streets, alleys, or ways. Centerline monuments shall also be set to mark either the beginning and end of curves or the points of intersections of tangents thereof; and

3.

Corner monuments shall be set at or near each lot corner, except that the City Engineer may waive certain corner monumenting where standard monumenting would not be feasible or beneficial in retracing a survey.

B.

Monument construction. All exterior boundary monuments shall be of new galvanized iron pipe not less than one and one-half inch inside diameter and 18 inches long or shall be of another type and dimension approved by the City Engineer. Centerline monuments shall be of new galvanized iron pipe not less than one and one-half inches inside diameter and 15 inches long. At locations designated by the City Engineer, not exceeding four per 100 parcels or fraction thereof, monuments constructed to the requirements of the Simi Valley Subdivision Improvement Standards and Specifications shall be placed in lieu of monuments constructed to the standards otherwise specified in this Section. The subdivider shall also provide proper ties to the location of the centerline monuments and these ties shall be shown on a tie sheet of a form approved by the City Engineer.

C.

Monument tie sheet. At the time of the completion of the monuments required in compliance with this Chapter or the Map Act, and as condition precedent to release of the improvement security pertaining to the monuments, the subdivider shall submit to the City Engineer, in a form satisfactory to the City Engineer, a tie sheet showing proper ties to the location of the centerline monuments. A minimum of three ties shall

be shown for each centerline monument. All monuments set and tie monuments set shall be permanently marked or tagged with the engineer's or surveyor's registration or license number.

D.

Monument bond. If the monuments are to be set following the submission of the Final Map or Parcel Map to the City Engineer for approval, a bond meeting the requirements identified in the Subdivision Map Act shall be filed. In determining the amount of the bond, the City Engineer shall make the necessary estimate of the cost to set monuments not already existing.

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

A preliminary soils report shall be provided at the time of application by a geotechnical engineer or engineering geologist registered in this State, evaluating and reporting the impact that the subdivision may have upon the environment, to identify issues which may bear upon project feasibility, and to propose satisfactory mitigation. A final soils report shall be provided with the improvement plans to address structural design parameters.

A.

The soils report shall be prepared pursuant to the Guidelines for Geotechnical and Geologic Reports in the City of Simi Valley (Geotechnical Guidelines).

B.

The soils report requirement may be waived by the City Engineer upon a determination that sufficient and adequate soils information exists in the City records regarding the subdivision, and therefore no additional analysis is necessary.

C.

The geotechnical report shall verify that a suitable building site can be provided for each parcel which is safe from settlement, landslide, mudslide, and seismic hazards and which can be provided with reasonable access.

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

Chapter 9-66 - Dedications, Reservations, and Exactions

This Chapter establishes standards for subdivider dedications and reservations of land, and payment of fees, in conjunction with subdivision approval.

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

The dedications required by this Section shall occur with the approval of a Parcel Map or Final Map. The provisions of this Section do not apply to a condominium project or stock cooperative that is the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added, in such case, only the payment of fees may be required.

A.

Dedication of right-of-way easements. A subdivider shall be required to dedicate such easements as are necessary for the development and for the orderly development of the area, including those identified in the General Plan and any applicable Specific Plan or master plans adopted by the City. Such easements shall include those for streets, access rights, drainage facilities, public utilities, bus turnouts, bicycle paths, sidewalks, enriched parkways, pedestrian trails, equestrian trails, and other public needs.

B.

Dedication of land in fee. A subdivider shall also be required to dedicate in fee land as may be necessary for regional drainage facilities, water tanks, pump stations, fire stations, schools, and other public needs.

C.

Termination. Easement dedications may be terminated pursuant to Map Act Sections 66477.2(c) and (d). Disposition of a fee dedication by a public entity shall require full compliance with the Map Act unless such disposition is for the clear purposes of either the disposing agency or of a receiving agency. Profit and/or the receipt of funds shall not constitute such purposes.

D.

Waiver of direct access rights. The City may require dedications or offers of dedication of direct access rights to any street from any abutting property shown on a Final Map or Parcel Map.

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

A.

Public uses. As a condition of approval of any subdivision, the Tentative Map of which is filed subsequent to the adoption of a Specific Plan or a General Plan Community Facilities Element, General Plan Recreation Element or a General Plan Public Building Element containing definite principles and standards regarding the determination of need for and location of public uses of land, the subdivider may be required to reserve areas of real property within the subdivision for parks, recreational facilities, fire stations, libraries, police stations, open space, or other public uses, in compliance with the provisions and subject to the powers and obligations identified in Map Act Section 66479 et seq. Nothing in this Section shall be construed to limit the authority of the City to levy fees in compliance with this Chapter or the Municipal Code.

B.

Non-public uses. Where needed for the benefit of a homeowners association or for private use where ownership has not yet been conveyed, a subdivider shall provide a reservation of such rights on behalf of

the future owners.

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

As a condition of approval of a Final Map, the subdivider may be required to pay fees or other considerations in lieu thereof in compliance with this Section and Map Act Section 66484, to defray the actual or estimated costs of constructing bridges, and for constructing major thoroughfares, including intersections, which may be deemed necessary by the Circulation Element, any other element of the General Plan, or any applicable Specific Plan.

A.

In compliance with Map Act Section 66484, the boundaries of the area of benefit, the actual or estimated costs of construction, and a fair method of allocation of costs to area of benefit and fee apportionment shall be established at a noticed public hearing held by the Council.

B.

The payment of fees for major thoroughfares, including intersections, shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfare serving the area at the time of the adoption of the boundaries of the area of benefit.

C.

Written protests objecting to the establishment of any proposed area of benefit for any particular improvement under this Section and Map Act Section 66484 may be filed with the City Clerk by owners of real property within the proposed area of benefit at any time before the close of the required public hearing. If the written protests are filed by the owners of more than one-half of the area of the property to be benefitted by an improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefitted, then the proposed proceedings shall be abandoned, and the Council shall not, for one year from the filing of that written protest, commence or carry on any proceeding for the same improvement or acquisition under the provisions of this Section and Map Act Section 66484.

1.

Nothing in this Subsection shall preclude the processing and recordation of maps in compliance with other provisions of this Article and the Subdivision Map Act if proceedings are abandoned.

2.

Any protest may be withdrawn by the property owner making the same in writing, at any time before the conclusion of the required public hearing.

3.

If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this Article and Map Act Section 66484 to construct that portion of the improvement so protested against shall be barred for a period of one year; but the Council shall not be barred from commencing new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this Subsection shall prohibit the Council, within a one year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with the portion of the improvement or acquisition.

D.

Fees paid in compliance with this Section shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, or more than one thoroughfare or portions thereof, a fund may be established covering all of the bridge projects, or all of the thoroughfare projects, in the benefit area. Monies in the fund shall be expended solely for the construction or reimbursement for construction of the improvement serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the City for the cost of constructing the improvement.

E.

In addition to the powers and obligations specifically identified in this Section, the City and subdivider shall have all of the respective powers and obligations identified in Map Act Section 66484 as it may be amended from time to time.

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

As a condition of approval of any subdivision located within an adopted drainage or sanitary sewer area, the subdivider may be required to pay fees or considerations in lieu thereof for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and stormwaters from local or neighborhood drainage areas and of constructing planned sanitary sewer facilities for local sanitary sewer areas in compliance with the provisions of, and subject to the conditions, powers, and obligations identified in Map Act Section 66483.

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

As a condition of approval of any map, the subdivider may be required to construct improvements or to pay fees or other consideration in lieu thereof to resolve or mitigate problems identified in environmental impact review documents in compliance with Map Act Chapter 4, Article 5, or to comply with the requirements of the General Plan, any applicable Specific Plan, and/or any other applicable ordinances or regulations.

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

9-66.070 - Kadota Fig Fee Area

A.

Purpose. Sanitary sewer facilities were completed under proceedings for Assessment District No. 83-1 (Kadota Fig Area). The assessment levied under Assessment District No. 83-1 are based upon the benefit each parcel received from the improvements at the time of the confirmation of the assessments. Those improvements provide identical benefits to new parcels which will be created through future land divisions. The Council established a program to provide for the reimbursement of moneys of the Simi Valley Sanitation Division to pay the obligations of the owners of future parcels through the collection of fees at the time of the filing of new Parcel or Final Maps.

B.

Fee area established. A fee area has been established in compliance with the authority provided in Map Act Section 66483 to provide for the payment of fees for the reimbursement of costs of sanitary sewer facilities in the Kadota Fig Area in conjunction with and coterminous with Assessment District No. 83.1 (Kadota Fig Area).

C.

Collection of fees. Fees shall be collected by the Department of Public Works at the time fees for subdividing the properties affected are paid and shall be apportioned by the City Engineer on the basis of benefits conferred on all parcels created after April 13, 1983, and in the same manner and amount as assessments are apportioned for Assessment District No. 83-1 (Kadota Fig Area).

D.

Deposit of fees/adjustments. The City Treasurer shall deposit fees collected pursuant to this Article into the account of the Simi Valley Sanitation Division. The fees shall be annually adjusted by the Simi Valley Sanitation Division in proportion to the change in the Engineering News Record Index.

E.

Special fund: Surpluses. Any surpluses remaining shall be refunded to the current property owners of property for which a fee was previously collected, the balance of the moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the sewer fee area.

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

A.

Applicability. A subdivision requiring Tentative Map approval in compliance with this Article, and that proposes one or more lots that are less than one acre, shall provide solar access easements in compliance with this Section, and as follows:

The review authority may require the preparation and dedication of solar access easements as a condition of Tentative Map approval for any subdivision application proposing one or more lots under one acre, where:

a.

Proposed building configuration is specified at the time of Tentative Map submittal, and upon finding that neither lot size, lot configuration or applicable zoning is sufficient to reasonably protect solar access to a proposed south wall, south roof or any proposed location for a solar energy system; or

b.

Proposed building configuration is not specified at the Tentative Map submittal, and upon finding that neither lot size, lot configuration or applicable zoning is sufficient to reasonably protect solar access to the southernmost boundary of the buildable portion of the lot.

2.

Solar access easements shall not be required where the lot that would be benefited is one acre or larger, or where solar access is not available due to either existing vegetation, topography or surrounding development, or where other deed restrictions are sufficient to protect solar access.

3.

The requirements of this Section are not applicable to a condominium project that subdivides airspace in an existing building, where no new structure is proposed.

4.

The establishment of a solar access easement is not intended to result in reducing development densities or reducing the percentage of a lot which may be occupied by a structure, or cause the unnecessary destruction of existing trees.

B.

Easement design criteria.

1.

In a proposed subdivision where a building configuration has been developed at the Tentative Map stage, solar access easements created in compliance with this Section shall be designed, to the extent feasible, to protect solar access to proposed south roof and south wall areas and any proposed site for a solar energy system.

2.

In a proposed subdivision where a building configuration has not been developed at the Tentative Map stage, solar access easements shall be designed, to the extent feasible, to protect solar access to the southernmost boundary of the buildable portion of a lot.

3.

In establishing the dimensions of a solar access easement, consideration shall be given to contour, configuration of the parcel to be divided, existing vegetation and the use of adjacent parcels.

C.

Easement content. Each solar access easement required in compliance with this Section shall provide:

1.

A description of the solar access easement in terms of specific areas on benefited property to which solar access is to be protected, and a statement specifying that no structure, vegetation or land use shall cast a shadow so as to impede the passage of direct sunlight to more than 10 percent of a protected area on a benefited property between 9:00 a.m. and 3:00 p.m. on December 21 or on any other date approved by the advisory agency. For purposes of this Section, the easement shall protect and it shall be sufficient to describe only the specific areas on benefited property that would limit the height of structures and vegetation to under 50 feet on the burdened property to protect solar access.

2.

A diagram of the burdened property indicating in a manner easily understood by nontechnical persons the approximate height restrictions up to and including 50 feet on the property necessary to protect solar access to specific areas on benefited property.

3.

A statement that the burdens and benefits of the solar access easement are transferable and run with the land to subsequent grantees.

4.

Because a solar access easement is not intended to unnecessarily burden properties, a statement specifying that, subsequent to the development of a benefited property, restrictions on structures, vegetation and land uses due to a recorded solar access easement on a burdened property not required to protect solar access to a south wall or south roof or the site of a solar energy system shall be void and unenforceable, provided that a revised solar access easement signed by all affected benefited and burdened parties and a revised diagram in compliance with this Section have been recorded with the County Recorder.

a.

The easement shall also contain a statement that upon refusal of an affected party to sign the modified solar access easement, any other affected party may bring an action in court to determine what modification, if any, should be made to the easement, and that the costs of suit may be awarded to the prevailing party. This provision is not intended to, and shall not increase the area burdened by any solar access easement on any property.

b.

Where the applicable zoning at the time the solar access easement is recorded would allow the construction of only one primary structure on the benefited property, the provisions of this Subsection (C)(4) shall apply subsequent to Final Building Inspection or the issuance of a Certificate of Occupancy for the principal structure, or any detached solar energy system constructed on the benefited property at the same time as the principal structure.

c.

Where the applicable zoning at the time the solar access easement is recorded would allow the construction of more than one principal structure on the benefited property, the provisions of this Subsection (C)(4) shall apply subsequent to approval of a complete development plan for the benefited property that indicates the future location of all principal structures and the site of any detached solar energy system.

D.

Termination of easement. A solar access easement may be revised or terminated in compliance with Subsection C, or by a modification in writing that is signed by all benefited and burdened property owners and recorded with the County Recorder. The right of modification in writing shall not apply to the initial grantor of the easement.

E.

Recordation. A solar access easement required by this Section shall be recorded with the Parcel Map or Final Map with the County Recorder.

F.

Appeal. A decision of the review authority in compliance with this Section may be appealed in compliance with Chapter 9-76 (Appeals).

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

Chapter 9-68 - Dedication of Land for Park and Recreational Purposes

This Chapter provides for the dedication of land and/or the payment of fees to the Rancho Simi Park and Recreation District for park and recreational purposes as a condition of the approval of a Tentative Map. This Chapter is enacted as authorized by the provisions of Map Act Chapter 4, Article 3 also known as the "Quimby Act."

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

The provisions of this Chapter shall apply to all subdivisions except a subdivision expressly excluded by Map Act Section 66477 from the requirement of the dedication of land, payment of a fee in lieu thereof, or a combination of both, for park and recreational purposes as a condition of approval.

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

Any ordinance enacted by the City, including this Article, that changes the amount of land which shall be dedicated by a subdivider for park and recreational purposes, or changes the amount of a fee to be paid in lieu thereof, or changes both requirements, shall only apply to a subdivision for which a Tentative Tract Map or Tentative Parcel Map has been filed with the City on or after 30 days after the effective date of the ordinance making the change or changes.

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

As a condition of the approval of a Parcel Map or Final Map, every subdivider shall dedicate a portion of the land, pay a fee in lieu thereof, or a combination of both, as required by this Article, for the purpose of establishing and developing park and recreational facilities to serve the future residents of the divided property.

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

Based upon the standards of the Recreation Element of the General Plan, it is hereby found and determined that the public interest, convenience, health, welfare, and safety require that five acres of property for each 1,000 persons residing within the City be devoted to local park and recreational purposes, exclusive of and in addition to school lands used cooperatively for recreational purposes.

A.

Population density. For the purposes of this Article, population density shall be determined as follows, based on the most recent data available in the form of the Federal and State census and studies of population density in the County and City. The density shall be determined by the City at the time it issues a Zoning Clearance in compliance with the following:

1.

Single-family dwelling units: 3.97 persons per dwelling unit;

2.

Multi-family dwelling units:

a.

1.7 persons per one-bedroom/bachelor dwelling unit;

b.

c.

3.8 persons per three bedroom dwelling unit;

3.

Mobile homes: 2.03 persons per dwelling unit; and

4.

Senior citizen dwelling units: 1.7 persons per dwelling unit.

B.

Determinations of numbers of bedrooms.

1.

For the purposes of this Section, when a room (e.g., den, study, or sewing room) is provided in conjunction with a one bedroom/bachelor dwelling unit, and the room meets the Uniform Building Code definition of a habitable room, the room shall be considered a bedroom.

2.

When a room (e.g., den, study, or sewing room) is provided in conjunction with a two-bedroom dwelling unit, and the room meets the Uniform Building Code definition of a habitable room, the additional room shall not be considered as a den, study, or sewing room, but as a bedroom if a wardrobe, closet, or similar facility normally found in a bedroom is proposed and if the room is constructed in a manner that 50 percent or less of one wall is open to an adjacent room or hallway.

3.

If the City, as part of its issuance of a Zoning Clearance determines that a room can be converted to a bedroom, the room shall be considered a bedroom.

C.

Determinations of density.

1.

The basis for determining the total number of dwelling units or bedrooms shall be the number of the units or bedrooms allowed by the City on the land included within the subdivision at the time the City issues a Zoning Clearance.

2.

The basis for determining the number of bedrooms per dwelling unit shall be the number of the rooms as determined from data submitted to the City and the District by the subdivider and the review and evaluation of the data and the project by the City and the District.

3.

Where no data is provided, dwelling units shall be treated, for the purpose of determining density, as singlefamily dwelling units.

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

The amount of land required to be dedicated by a subdivider in compliance with the provisions of this Chapter shall be based upon the population generated by the subdivision and shall be computed on the basis of five acres per 1,000 persons. The number of persons anticipated shall be determined by a computation in compliance with the following formula: the number of dwelling units within the subdivision multiplied by population density (number of persons anticipated to reside within each dwelling unit) as identified in Section 9-68.050. The number of persons anticipated to reside within the subdivision according to the computation shall be divided by 1,000, and the result shall be multiplied by five to determine the amount of acreage to be dedicated.

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

A.

If it is determined that a fee shall be paid in lieu of the dedication of land, the amount of the fee shall be based upon the fair market value of the amount of land, as determined from the Table of Values, which would otherwise be required to be dedicated in compliance with Section 9-70.060 and shall be determined in compliance with the following formula: the number of acres of land that would otherwise be required to be dedicated multiplied by the value of an acre of land within the subdivision as determined from the established Table of Values.

B.

The computation of the fair market value of an acre of land within the subdivision based upon established ranges in the Table of Values shall be consistent with the zoning of the property at the time the Zoning Clearance is issued by the City and shall be based on the following procedure:

1.

The City, District, and the subdivider may negotiate and thereafter agree as to the fair market value; or

2.

If an agreement cannot be reached, a subdivider at the subdivider's own expense, may obtain an appraisal of the land by a real estate appraiser, which appraisal may be accepted by the City and District if found to be reasonable; or

If the City and District are not satisfied with the subdivider's appraisal, they may cause an appraisal to be made of the land, which appraisal shall utilize generally accepted and recognized methods of real estate appraisal.

C.

Unless a subdivider retains an appraiser, the City and District's determination of fair market value, shall be final and conclusive. If the City and District do not accept a subdivider's appraisal, their subsequent appraisal in compliance with Subsection (B)(3) shall be final and conclusive.

D.

This land value procedure shall be reviewed on an annual basis and shall be adjusted to current values on a no less than biennial basis. At the time of the annual review, if land values have not changed in either direction up or down, by at least five percent, no change shall be undertaken until the time of the biennial review.

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

A.

Offsite improvements with dedication of land. If a subdivider is required to dedicate land in compliance with Section 9-68.060, and any property line of the land to be dedicated abuts any street right-of-way, the subdivider shall be required by a condition of Tentative Map approval to improve the street frontages at the time of Final Tract Map or Final Parcel Map approval, with curbs, gutters, sidewalks, drainage facilities, lights, matching pavement, street trees, the relocation of existing public utility facilities, and the stubbing in of requested utility line services, all to full City standards. At the discretion of the City, however, and with the concurrence of the District, in lieu of providing the improvements, the subdivider shall pay a sum equal to 20 percent of the value of the land, as determined from the established Table of Values, dedicated to pay the District's costs of constructing the improvements. If the subdivider provides park and recreational improvements to the dedicated land in excess of local standards and/or subdivider-agency agreements, the value of the park and recreation improvements together with any equipment located thereon shall be a credit against the payment of fees or dedication of land required by this Chapter. Before the City issues a Zoning Clearance, the City and District shall jointly determine the manner in which a subdivider shall comply with the requirements of this Chapter.

B.

Offsite improvements with payment of in-lieu fee.

1.

If a subdivider is required to pay a fee in lieu of dedicating land for park and recreational purposes in compliance with Section 9-68.070, and the park site the District proposes to acquire with all or part of the fee is offsite and bounded on one or more sides by, or abuts, any street frontage, the subdivider, at the time the Zoning Clearance is issued by the City, shall be obligated, by a condition of approval to improve the

frontage with curbs, gutters, sidewalks, drainage facilities, lights, matching pavement, street trees, the relocation of existing public utility facilities, and the stubbing in of requested utility line services, all to full City standards.

2.

Before the time the City issues a Zoning Clearance the City and District shall jointly determine the manner in which a subdivider shall comply with the requirements of this Chapter. At the discretion of the City, and with the concurrence of the District, a subdivider may fulfill the requirements of this Chapter by:

a.

Actually constructing the offsite improvements identified in Subsection (B)(1) on a prorated basis in the same ratio as the fee paid in lieu of dedication bears to the total cost of the planned park site; or

b.

Paying a sum equal to 20 percent of the total amount of the subdivider's in lieu payment to cover the Districts costs in constructing the offsite improvements.

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

The following procedure shall determine whether a subdivider shall dedicate land, pay a fee, or both.

A.

At the time of application for Tentative Map approval, the subdivider shall indicate whether the subdivider desires to dedicate property for park and recreational purposes, whether the subdivider desires to pay a fee in lieu thereof, or a combination of both. If the subdivider desires to dedicate land for the purposes, the subdivider shall designate the area thereof on the Tentative Map following consultation with the City and District as to the appropriate location and size of the area proposed to be dedicated.

B.

The City and District shall jointly determine, before approval of the Tentative Map, whether to require a subdivider to dedicate land, pay a fee in lieu thereof, or a combination of both.

C.

The decision of the City and District in this regard shall be governed by consideration of the following:

1.

Adherence to the Recreation Element of the General Plan;

2.

The topography, geology, access, and location of the land in the subdivision available for dedication;

3.

The size and shape of the subdivision and land available for dedication; and

4.

The location of existing or proposed park sites and trailways.

D.

Nothing in this Chapter shall be interpreted to prohibit, or limit in any manner, the City and District from determining the location and configuration of the land to be dedicated.

E.

The joint determination of the City and District, made at the time of Tentative Map approval, that land shall be dedicated, a fee paid in lieu thereof, or a combination of both, as well as the manner in which the subdivider shall meet the requirements identified in Sections 9-68.060 and 9-68.070 shall be final and conclusive.

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

9-68.100 - Conveyance of Land and Payment of Fee to District

A.

Where dedication is required, it shall be accomplished in compliance with the provisions of the Map Act. Real property dedicated in compliance with the provisions of this Section shall be conveyed by grant deed in fee simple to the District by the subdivider free and clear of all encumbrances, except those which will not interfere with the use of the property for park and recreational purposes and which the District agrees to accept. Deeds required to be given shall be deposited with the District before the time of approval of the Final Tract Map or Final Parcel Map by the City. The deeds shall be held in trust by the District until the time the Final Tract Map or Final Parcel Map is approved. If the map is not approved by the City, or the application is withdrawn by the subdivider before the City's approval, the deeds shall be returned to the subdivider. If the map is approved, the deeds received may be recorded by the District. The subdivider shall secure for the District title insurance in an amount equal to the value of the property dedicated.

B.

Any fee paid in lieu of the dedication of real property shall be deposited with the District before the time the Final Map or Parcel Map is approved by the City. The fee shall be held in trust by the District until the time the map is recorded. If the map is not recorded prior to expiration or the application is withdrawn by the subdivider, the fee shall be returned to the subdivider or a credit given, as provided in Section 9-68.110. If

the map is recorded, the District shall retain the fee. Any fee collected under the ordinance shall be committed within five years after the payment of the fees or the issuance of Building Permits on one-half of the parcels created by the subdivision, whichever occurs later. The District shall use the fee to provide park or recreational facilities to serve the subdivision. Fees conveyed to the District shall be expended only within the City limits, unless the City approves the expenditure of the fees outside the City limits, and the District shall maintain appropriate records to so indicate.

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