Ordinance No. 1221 (Housing Element Implementation)

ORDINANCE NO. 1221

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY APPROVING AMENDMENTS TO TITLE 9 CHAPTERS 9-24, 9-26, 9-44, AND 9-80 FOR IMPLEMENTATION OF HOUSING ELEMENT REQUIREMENTS (Z-S-709)

WHEREAS, the City of Simi Valley initiated a Development Code Text Amendment to the Simi Valley Municipal Code (Z-S-709) to implement 2008-2013 Housing Element requirements; and

WHEREAS, based upon evidence at the Public Hearings on September 18, 2013, and October 23, 2013, and the findings contained in the Planning Commission staff reports dated September 18, 2013, and October 23, 2013, the Planning Commission recommended the proposed Text Amendment (Z-S-709) to the City Council for approval; and

WHEREAS, pursuant to the provisions of Section 15061(b)(3) of the California Environmental Quality Act Guidelines, the project qualifies as Categorically Exempt, and a Notice of Exemption was prepared.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. The findings for approval of the Municipal Code Text Amendment Z-S-709 contained in the City Council staff report dated November 4, 2013, and incorporated herein by reference, are hereby adopted.

SECTION 2. Municipal Code Text Amendment Z-S-709, as amended by the City Council on December 16, 2013, attached hereto as Exhibit A, is hereby approved.

SECTION 3. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City. ORD. NO. 1221 2

SECTION 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage.

PASSED and ADOPTED this 13th day of January 2014

Attest:

/s/ /s/ Ky Spangler, Assistant City Clerk Robert O. Huber, Mayor of the City of Simi Valley, California

Approved as to Form: Approved as to Content:

/s/ /s/ Sonia A. Hehir, Acting City Attorney Eric J. Levitt, City Manager

/s/ Peter Lyons, Director Department of Environmental Services

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EXHIBIT A

SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENT FOR TITLE 9, CHAPTERS 9-80, 9-24, 9-26, AND 9-44 FOR IMPLEMENTATION OF HOUSING ELEMENT REQUIREMENTS (Z-S-709)

The following revisions and new definitions, as amended to add the underlined text and delete the strikethrough text, will be included in SVMC Section 9-80.020 – Definitions of Specialized Terms and Phrases:

E. Emergency/Transitional Shelter. Limited, short-term housing provided by a non-profit organization, such as a church, public building agency, or quasi-public facility agency, that provides emergency or temporary shelter to for homeless individuals and/or groups with occupancy limited to six months or less. These accommodations may include temporary lodging, meals, laundry facilities, bathing, counseling, and other basic support services.

F. Family. One or more individuals occupying a dwelling unit and living as a single household. Family shall not be construed to include a fraternity, sorority, club, or other group of person occupying a hotel, lodging house, boarding house, or institution of any kind.

L. Lodging House. A residence or dwelling, other than a hotel, motel, bed and breakfast, or organizational house or group home, wherein three or more rooms are rented to three or more individuals under separate oral or written rental agreements or leases, whether or not an owner, agent, or property manager is in residence.

R. Residential Care Facility. A single-dwelling unit or multiple-unit facility licensed or supervised by any Federal, State, or local health/welfare agency that provides 24-hour non-medical care of unrelated persons who are handicapped and in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family-like environments, including group homes.

S. Single Room Occupancy (SRO) Unit. A small residential unit (usually between 200-350 square feet) consisting of one habitable room in a structure with other similar units. Residents may share bathrooms and/or kitchen facilities or some units may include bathrooms and/or kitchenettes.

Supportive Housing. Supportive housing shall have the meaning set forth in California Government Code Section 65582 (h), which defines it as housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing will be permitted in the same manner as other residential dwellings of the same type in the same zone per the Development Code and applicable State law.

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T. Transitional Housing. Transitional housing shall have the meaning set forth in California Government Code Sections 65582 (f)(g), which defines it as buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. Transitional housing will be permitted in the same manner as other residential dwellings of the same type in the same zone per the Development Code and applicable State law.

The following revisions, as amended to add the underlined text and delete the strikethrough text, will be included under Residential Uses of Table 2-2, SVMC Section 9-24.030 – Residential and Open Space District Land Uses and Permit Requirements:

TABLE 2-2 P Permitted Use(2) Allowed Uses and Permit Requirements for CUP Conditional Use Permit required Residential and Open Space Zoning Districts HP Home Occupation Permit required -- Use not allowed LAND USE(1) PERMIT REQUIRED BY DISTRICT Specific Use OS RE RVL RL RM Rmod RH RVH MH Regulations RESIDENTIAL USES Accessory residential uses 9.52-050 P P P P P P P P P and structures Boarding and lodging — — CUP CUP CUP CUP CUPCUP — houses Caretaker dwelling, more CUP CUP CUP CUP CUP CUP CUP CUP CUP than 6 months duration Emergency/Transitional 9-44.195 CUP CUP CUP CUP CUP CUP CUP CUP CUP Housing Shelter Group homes, up to 6 P P P P P P P P — persons Home occupations HP HP HP HP HP HP HP HP HP 9-44.090 Household pets P P P P P P P P P 9-44.060 Mobile home parks 9-24.060 — CUP CUP CUP CUP CUP CUP CUP PD (B)(5) Multi-family dwellings — — — — — P P P — Residential care facility, 9-24.060 P P P P P P P P P 6 or fewer clients (A)(2) Residential care facility, — — — CUP CUP CUP CUP — — 7 or more clients Senior citizen dwelling unit CUP CUP CUP CUP CUP — — — — Second dwelling unit, 9-44.160 P P P P P — — — — meets maximum density Second dwelling unit, CUP CUP CUP CUP CUP — — — — 9-44.170 ORD. NO. 1221 5

The following revisions, as amended to include underlined text and delete strikethrough text, will be included under Services – General in Table 2-5, SVMC Section 9-26.030 – Commercial and Industrial District Land Uses and Permit Requirements:

TABLE 2-5 P Permitted Use (2) Allowed Uses and Permit Requirements CUP Conditional Use Permit required for Commercial and Industrial Zoning Districts, HP Home Occupation Permit required and Mixed-Use and Business Park Overlay Districts — Use not allowed LAND USE (1) PERMIT REQUIRED BY DISTRICT Specific MU(9) CO CN CR CC CPD CI BP (9) LI GI SERVICES - GENERAL Accessory services P P P P P P P P P P Adult day P — P — P P — CUP CUP CUP Child day care – Small family day care P — P — P P — CUP CUP CUP Child day care – Large family day care CUP — P — P P — CUP CUP CUP Emergency/Transitional Shelter CUP P — — P P — P P P 9-44.195 Kennels and animal — — — — — — — — — CUP Lodging - Camping and RV — — — CUP — CUP — — — — Lodging - Hotels and motels CUP CUP — CUP CUP P — CUP — — Lodging - Organizational houses CUP — — CUP — CUP — — — — Maintenance and repair services, client P — CUP — — P P — — P Medical services, except the following: — CUP CUP — — P — CUP — — Hospitals — CUP CUP — — CUP — CUP — — Extended care — CUP CUP — — CUP — CUP — — Medical and dental P P P — — P P P — — Practitioners’ offices, clinics P P P — P P — P — — Mortuaries and funeral homes, with crematories — CUP — — — CUP — CUP CUP CUP Mortuaries and funeral homes, without — P CUP — — P — P — — crematories Personal services P — CUP — — P — P — — Pet grooming P — P — — P — — — — Public safety — CUP — — CUP CUP — CUP CUP CUP Repair services P — CUP — — P P P — P Residential care facility CUP CUP — — CUP — — CUP — — 9-44.210 Single Room Occupancy (SRO) Unit CUP — — — — CUP — — — — Social services P P P — P P — P P P Storage - Personal storage facilities (mini- — — — — — — — — — CUP 9-44.140 ORD. NO. 1221 6

The following new section will be added for Emergency Shelters:

9-44.195 – Emergency Shelters

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 1/5th 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.

The following revisions, as amended to add the underlined text and delete the strikethrough text, will be included in Table 2-3, SVMC Section 9-24.050 – Residential and Open Space District Setback Exceptions:

Table 2-3 – RESIDENTIAL AND OPEN SPACE DISTRICT STANDARDS – Continued

Development Requirement by Zoning District Feature RMod-Multi RH RVH MH Minimum lot Minimum area and width for parcels proposed in new subdivisions, except where a size different requirement is established by Section 9-24.060 Area 5,000 square feet

To be determined through subdivision process(1) Width 40 ft(2) Maximum Maximum number of dwelling units that may be allowed on a single lot or, where density applicable, per acre. The Conditional Use Permit or Planned Development processes ORD. NO. 1221 7

may result in fewer units being approved than the maximum allowed. See Chapter 9-31 for density bonus provisions. 7 10 units/acre, up to 15 20 units/acre, up to 25 35 units/acre, up to See 9- 10 with bonus 18.75 w/bonus 50 with bonus 24.060(B)(5) Setbacks Minimum setbacks required. See Section 9-30.080 for setback measurement, allowed projections into setbacks, and exceptions to setbacks. Front 20 ft 20 ft. An additional 1 ft of setback shall be 20 ft required for each additional 1 ft or portion of bldg. height over 15 ft. Sides (each)(4) 15 ft(3) 15 ft 10 ft None required Interior(6) Street side 10 ft Rear(6) 20 ft Height limit(7) Maximum allowed height of structures; see Section 9-30.060 for height measurement and exceptions to these height limits. Primary 2 stories, not to 3 stories or 40 ft, whichever is less 25 ft structure exceed 30 ft Accessory 18 ft structure(5) Landscaping As required by Chapter 9-33 (Landscaping Standards). Parking As required by Chapter 9-34 (Parking and Loading Standards).

The following section shall be deleted from the Development Code:

9-44.150 Senior Citizen Dwelling Units The creation of a senior citizen dwelling unit on a lot containing one existing single- family unit shall be subject to the following requirements.

A. The lot proposed for a senior citizen dwelling unit shall contain at least one dwelling that is owner-occupied. The primary dwelling or the senior citizen unit shall be deed restricted so as to remain owner-occupied for the life of the senior citizen unit.

B. The senior citizen dwelling unit may be attached to the existing dwelling.

C. The senior citizen unit shall comply with the setback requirements of the applicable zoning district for the primary structure.

D. The exterior architectural design of the senior citizen dwelling unit, including covered parking, shall be consistent with the existing dwelling. In addition, the roof materials shall be equal to or better than that used in the existing dwelling.

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E. The senior citizen dwelling unit shall comply with all applicable City requirements for infrastructure service (e.g., sewer and water), Building Code requirements (e.g., permanent foundation), and Fire Code requirements.

F. A Conditional Use Permit shall be required for all senior citizen dwelling units pursuant to Government Code Section 658521 of the State.

G. The maximum floor area of the second unit shall not exceed 30 percent of the existing residential area floor space, if attached, and not exceed 1,200 square feet, if detached.

H. Each senior citizen dwelling unit shall be occupied by one or two persons of 62 years of age or older.

I. A minimum of one vehicle parking space per senior citizen dwelling unit or one vehicle parking space per bedroom, whichever is greater, shall be provided.