MINUTES OF THE MEETING OF THE PLANNING COMMISSION MOBILE HOME RENT MEDIATION BOARD TREE ADVISORY BOARD

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1 MINUTES OF THE MEETING OF THE PLANNING COMMISSION MOBILE HOME RENT MEDIATION BOARD TREE ADVISORY BOARD City Council Chamber October 18, Tapo Canyon Road Simi Valley, CA CALL TO ORDER The regular meeting of the Planning Commission of the City of Simi Valley was called to order at 6:33 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present: Absent: Commissioners Bibb, King, and Mann, Vice Chairperson Rice, and Chairperson Hodge None 4. APPROVAL OF AGENDA It was the consensus of the Commission to approve the agenda as submitted. 5. APPROVAL OF MINUTES September 20, 2017 and October 4, 2017 It was the consensus of the Commission to approve the minutes as submitted. 6. DECLARATION OF CONFLICT None 7. PUBLIC STATEMENTS None 8. CORRESPONDENCE Deputy Environmental Services Director/City Planner Stratis Perros notified the Planning Commissioners about the five Supplementals on the dais as follows: 11.A.1 Z-S-733 contains a revised script, a revised recommended motion, and the most up-to-date resolution; 11.A.2 CUP-S-784 revised conditions of approval and the most recent Neighborhood Council meeting information; and 11.A.3 clarifying action by the Affordable Housing Subcommittee took recently.

2 Tree Advisory Board Minutes - Page 2 October 18, CONSENT CALENDAR None 10. CONTINUED BUSINESS None 11. NEW BUSINESS A. PUBLIC HEARINGS 1. Z-S-733; City of Simi Valley: To consider a City-initiated Municipal Code Amendment to establish Citywide standards to prohibit the adult outdoor cultivation of personal marijuana plants; allow deliveries of medical marijuana to qualified patients; prohibit all commercial recreational marijuana land uses, operations, and activities; prohibit smoking and ingesting marijuana in public places; and a determination that the actions are exempt from the California Environmental Quality Act Location: Citywide Staff Contact: Tom Preece (805) There were no ex parte communications to report. Deputy Director/City Planner Stratis Perros and Tom Preece, Senior Planner gave a presentation of the staff report. Mr. Preece and Mr. Perros responded to Commission questions as follows. A greenhouse is considered an accessory structure. Examples of zoning clearance requirements were noted. Smoking in public places was discussed, notably that one cannot smoke marijuana within 1,000 feet of a school, youth center or other places mentioned in the report. Additionally, smoke cannot be detected at a school where children are present. For any marijuana business, there is a 600 foot setback from a school or youth center where children are present. The maximum number of six marijuana plants cultivated indoors at a residence cannot be reduced. The possibility and feasibility of prohibiting deliveries was discussed. Chairperson Hodge opened the public testimony portion of the hearing. The following members of the public submitted speaker cards in opposition: Jim Naugle, Simi Valley Laura Sharp, no address provided Sally Miller, Simi Valley Tom Kennedy, no address provided Joe Bucci, Simi Valley Jean Trein, Simi Valley The following members of the public did not submit speaker cards, but spoke in opposition: Jamie Hale, no address provided Ian Davis, no address provided

3 Tree Advisory Board Minutes - Page 3 October 18, 2017 The following submitted a speaker card in support but did not wish to speak: Dr. Praveen Sontha, no address provided Chairperson Hodge commented on marijuana deliveries, laboratory testing, and House Rule Staff noted the potential difficulty in enforcing rules and regulations related to deliveries and discussed testing facilities. Vice Chairperson Rice inquired regarding overlay zones. Staff noted the ordinance relates to commercial activities, and that the current prohibition on medical marijuana dispensaries would continue. Commissioner Mann inquired whether the testing facility would fall under commercial use. Chairperson Hodge closed the public testimony portion of the hearing. Commission comments: Commissioner Bibb noted the difficulty of regulating marijuana deliveries and would support deliveries. She commented on the legality of recreational marijuana use. She is also in favor of a slow approach and is not opposed to having testing labs. She noted other cities with problems related to widespread marijuana use and is opposed to smoking in public places. Chairperson Hodge noted the benefits of having licensed deliveries, whether for recreational or medicinal marijuana. While stating tax revenue is a non-issue if it is for something the City does not want, he is not opposed to testing facilities. He would not support a dispensary or outdoor marijuana cultivation at this time. Commissioner King concurred with Chairperson Hodge regarding deliveries for medical marijuana. He supported going slow on the issue and commented on Federal Law. In addition, he expressed concern that the findings rely so heavily on a letter from the District Attorney which cited material that had not been verified to date. He does not support outdoor marijuana cultivation. Vice Chairperson Rice expressed a preference for deliveries as opposed to other transactions. He also preferred a slow approach with regard to dispensaries and concurred with Chairperson Hodge on testing facilities. Commissioner Mann posed the question, how different is non-medical delivery from having a dispensary, and the loss of tax dollars if we say yes to the former and no to the latter should be considered. VICE CHAIRPERSON RICE MOVED THAT THE PLANNING COMMISSION OF THE CITY OF SIMI VALLEY ADOPT RESOLUTION SVPC RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CITY-INITIATED SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENT Z-S-733; AND A DETERMINATION THAT THE ACTIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO ESTABLISH REGULATIONS THAT EXPRESSLY ALLOW ADULTS TO CULTIVATE UP TO SIX PERSONAL MARIJUANA (CANNABIS) PLANTS INDOORS AT

4 Tree Advisory Board Minutes - Page 4 October 18, 2017 THEIR SECURED PRIVATE RESIDENCE OR ACCESSORY STRUCTURE AND PROHIBIT OUTDOOR CULTIVATION; MODIFY CURRENT STANDARDS PROHIBITING MOBILE MEDICAL DISPENSARIES TO ALSO APPLY TO THE PROHIBITION OF MOBILE RECREATIONAL MARIJUANA DISPENSARIES; PROHIBIT ALL COMMERCIAL MARIJUANA USES, EXCEPT FOR LABORATORY TESTING, WHETHER FOR PROFIT OR NOT-FOR-PROFIT, INCLUDING MARIJUANA COOPERATIVES AND COLLECTIVES; PROHIBIT SMOKING AND INGESTING OF MARIJUANA AT PUBLIC PLACES; AND ALLOWING DELIVERY OF MARIJUANA TO PRIVATE RESIDENCES BY LICENSED AGENCIES OF THE STATE OF CALIFORNIA FOR MEDICAL AND NON-MEDICAL PURPOSES AS AMENDED Commissioner King seconded the motion. AYES: NAYS: Commissioners Bibb, King, and Mann, Vice Chairperson Rice, and Chairperson Hodge None ABSTAIN: None ABSENT: None There is no appeal period for zoning text amendments and will proceed to City Council with the Planning Commission s recommendations. It was noted that the Planning Commission meeting was recessed at 8:19 p.m. and reconvened at 8:26 p.m. with all Commission members present. 2. CUP-S-784; Joel Phillips: A request for a Conditional Use Permit to construct and operate a 4,856-square foot drive-through restaurant; and a determination that the project is exempt from the California Environmental Quality Act Location: 2460 Sycamore Drive Staff Contact: Cynthia Sabatini (805) Regarding ex parte communications, Chairperson Hodge mentioned his daughter signed the petition. Cynthia Sabatini, Associate Planner, gave a presentation of the staff report.

5 Tree Advisory Board Minutes - Page 5 October 18, 2017 Chairperson Hodge received clarification that the total stacking distance is 330 feet. Chairperson Hodge opened the public testimony portion of the hearing. The Applicant, Jennifer Daw, West Region Manager for Chick-fil-A, gave a brief presentation about the project. Applicant representative, Joel Phillips, submitted a card in support of the project but did not wish to speak. The following member of the public submitted a speaker card in support of the project but did not wish to speak: Laura Sharp, no address provided The following members of the public submitted speaker cards and spoke in opposition to the project: Gary Scott, Simi Valley Adrienne Skoczylas, no address provided Gary Hainliws, Simi Valley The following members of the public submitted speaker cards in opposition to the project but did not wish to speak: Syed Shameem, no address provided Dr. Praveen Sontha, Simi Valley Douglas Schwefler, no address provided Al Orozco, no address provided Roger Sawchel, no address provided Jerry Skoczylas, no address provided Jeri Taylor, Simi Valley Margaret Knight, no address provided Jennifer Daw referred to a letter from the landlord in the supplemental materials regarding the current tenant. Chairperson Hodge closed the public testimony portion of the hearing. Commission comments: The Commissioners expressed regret that Denny s will be leaving, but expressed positive comments about Chick-fil-A. Commissioner Bibb expressed concern with the stacking. Commissioner King strongly suggested lighter stucco on the right portion of the east elevation to balance the building. Commissioner Mann concurred and suggested the east and west elevations mirror each other in color.

6 Tree Advisory Board Minutes - Page 6 October 18, 2017 VICE CHAIRPERSON RICE MOVED THAT THE PLANNING COMMISSION OF THE CITY OF SIMI VALLEY ADOPT RESOLUTION APPROVING CUP-S-784 AS AMENDED WITH CONDITIONS B-15 AND B-16 AND A COLOR CHANGE ON THE EAST ELEVATION AND A DETERMINATION THAT THE PROJCT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Commissioner King seconded the motion. AYES: NAYS: Commissioners Bibb, King, and Mann, Vice Chairperson Rice, and Chairperson Hodge None ABSTAIN: None ABSENT: None The appeal period for the Conditional Use Permit CUP-S-784 is 14 calendar days. 3. PD-S-1046; Farshid Fabio Malek: A request for a Planned Development Permit to construct a 28-unit three-story senior apartment building with three affordable units; and a determination that the project is exempt from the California Environmental Quality Act Location: 1424 Patricia Avenue Staff Contact: Cynthia Sabatini (805) There were no ex parte communications to report. Cynthia Sabatini, Associate Planner, gave a presentation of the staff report. She responded to Vice Chairperson Rice that there is public transportation over one quarter mile away. Ms. Sabatini also responded to Commissioner Bibb that the applicant is not making any changes to the Arroyo Simi. Chairperson Hodge opened the public testimony portion of the hearing. The Applicant, Fabio Malek, and the Architect, Blake Stephens, AIA, gave a presentation about the project. Mr. Stephens responded to Commissioner Bibb s questions regarding ADA access.

7 Tree Advisory Board Minutes - Page 7 October 18, 2017 The following member of the public submitted a speaker card and spoke in support of the project: Judy Pepiot, no address provided, Council on Aging Housing Liasion, commented on the need for accessible or roll-in showers, chair-height toilets, and adequate parking. The following members of the public submitted speaker cards and spoke in opposition to the project: Linda Brown, Simi Valley, commented on parking difficulties in neighboring buildings and expressed concern with light, privacy, views, auto emissions, wind tunneling effects, and the traffic study. Larry Lhotka, Simi Valley, Tamarak Homeowners Association President, noted no sidewalks on Patricia and expressed concern with the height and density of the project and parking difficulties. The following member of the public submitted a speaker card in support of the project but did not wish to speak: Laura Sharp, no address provided The following members of the public submitted speaker cards in opposition of the project but did not wish to speak: Tracy Oehler, Simi Valley Jim Dunn, Simi Valley Ms. Sabatini noted Condition A-21 covers the ADA concerns of Ms. Pepio. She noted the project meets the minimum parking requirements and is under the maximum allowed height. Deputy Environmental Services Director/City Planner Stratis Perros commented on attempts to work toward combining lots which was unsuccessful in this case, but which may have resulted in a different design. Chairperson Hodge closed the public testimony portion of the hearing. Commission comments: Commissioner Bibb stated the project is beautiful, and noted the on-going parking difficulties on Patricia Avenue. Commissioner King stated the one parking space per senior unit may no longer be effective; however, he could not make a finding to turn it down. He would like improved exhibits in the future. Vice Chairperson Rice acknowledged the parking difficulties and multiple people in several units. Commissioner Mann stated that parking is a problem, although there is not a lot that can be done with this project. He noted the building is long, narrow and all one color. In addition, all the trees are on one side. He stated it needs and trees to screen it from Tamarack and something to break up the large white expanse. Additionally, he is not in favor of the gates. Chairperson Hodge noted as a result of the affordable housing component, the State controls the parking, number of units, and other items. He discussed future public safety with regard to parking.

8 Tree Advisory Board Minutes - Page 8 October 18, 2017 COMMISSIONER BIBB MOVED THAT THE PLANNING COMMISSION OF THE CITY OF SIMI VALLEY ADOPT RESOLUTION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PD-S-1046 AND A DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Vice Chairperson Rice seconded the motion. AYES: NAYS: Commissioners Bibb and King, Vice Chairperson Rice, and Chairperson Hodge Commissioner Mann ABSTAIN: None ABSENT: None The appeal period for the Planned Development Permit is 14 calendar days. B. OTHER None 12. ORAL COMMUNICATIONS AND REPORTS A. STAFF Deputy Environmental Services Director/City Planner Perros congratulated Karen Smith on her promotion from Recording Secretary for the Environmental Services Department to Administrative Assistant for the Community Services Department. B. PLANNING COMMISSION None C. MOBILE HOME RENT MEDIATION BOARD None D. TREE ADVISORY BOARD None 13. ADJOURNMENT The regular meeting of the Planning Commission of the City of Simi Valley was adjourned at 9:56 p.m. The next scheduled Planning Commission meeting is on November 8, Minutes prepared by: Lori Goor

9 MINUTES OF THE MEETING OF THE PLANNING COMMISSION MOBILE HOME RENT MEDIATION BOARD TREE ADVISORY BOARD City Council Chamber November 15, Tapo Canyon Road Simi Valley, CA CALL TO ORDER The special meeting of the Planning Commission of the City of Simi Valley was called to order at 6:32 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present: Absent: Commissioners Bibb, King, and Mann, Vice Chairperson Rice, and Chairperson Hodge None 4. APPROVAL OF AGENDA It was the consensus of the Commission to approve the agenda as submitted. 5. APPROVAL OF MINUTES None 6. DECLARATION OF CONFLICT None 7. PUBLIC STATEMENTS None 8. CORRESPONDENCE Deputy Environmental Services Director/City Planner Perros informed the Commissioners that, subsequent to the preparation of the staff reports, one supplemental memorandum was prepared. The supplemental for Agenda Item 11.A.1, Z-S-738 was prepared to clarify or correct items identified in the staff report and will be discussed during that item. 9. CONSENT CALENDAR None 10. CONTINUED BUSINESS None

10 Tree Advisory Board Minutes - Page 2 November 15, NEW BUSINESS A. PUBLIC HEARINGS 1. Z-S-738; City of Simi Valley: To consider Z-S-738, an Amendment to the Simi Valley Municipal Code to bring regulations for Accessory Dwelling Units in Title 9 of the Simi Valley Municipal Code into conformance with State of California Government Code Section and a determination that the amendments are exempt from the California Environmental Quality Act Location: Citywide Staff Contact: Vern Umetsu (805) There were no ex parte communications to report. Vern Umetsu, Senior Planner, gave a presentation of the staff report and the supplemental staff report. Commission comments: Commissioners Rice and Bibb requested an explanation of the difference between an Accessory Dwelling Unit (ADU), a Junior Accessory Dwelling Unit (JADU), and a guest house. Senior Planner Umetsu explained that an ADU has a kitchen, sanitation, and living areas; can be attached or detached; can be up to 1,200 square feet; and is limited to 30% of the house living area. A JADU is contained within the existing or proposed house, can be a maximum of 500 and a minimum of 150 square feet, must have a kitchen, may share bathroom facilities with the existing house, and must have an interior connection with the existing house as well as an exterior connection. A guest house does not have a kitchen, can have a bathroom, and can be attached or detached. Mr. Umetsu provided the following clarifications for Commissioner Bibb. A gazebo is not habitable space. The State has changed the statute in that uncovered tandem parking must be allowed anywhere on the lot. The City would like to make this subject to front yard landscaping; however, if there is no other place for that parking space, we are required to allow it. Additionally, Deputy Environmental Services Director/City Planner Perros noted several State housing regulation changes, in attempt to allow for houses of various types, has taken away some of city rights to regulate housing. Commissioner King stated supplemental Item 5. Section D 1.a. doors, windows or other openings less than six feet above finished floor could be misinterpreted. For clarity, he suggested altering to, windows or other openings sills less than six feet above the finished floor,... Chairperson Hodge suggested the wording, no portion of the window shall be less than which would include the bottom.

11 Tree Advisory Board Minutes - Page 3 November 15, 2017 Assistant City Attorney Caceres clarified the wording the Commission is suggesting to be, No (i) doors, or (ii) windows or other openings (or any portion therein) He noted the wording can be worked on and he understands the Commission s intent. Mr. Umetsu clarified size maximums and setbacks for ADUs for the Commission. Chairperson Hodge suggested where eave-to-eave measurements are being changed to wall-to-wall, staff may want to recommend adding language to read as follows, from the closest portion of the closest wall to the closest wall. Chairperson Hodge opened the public testimony portion of the hearing. There being no public speakers, Chairperson Hodge closed the public testimony portion of the hearing. COMMISSIONER BIBB MOVED THAT THE PLANNING COMMISSION OF THE CITY OF SIMI VALLEY ADOPT A RESOLUTION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SIMI VALLEY MUNICIPAL CODE AMENDMENT Z-S-738 AMENDING TITLE 9 OF THE SIMI VALLEY MUNICIPAL CODE RELATED TO ACCESSORY DWELLING UNITS AND A DETERMINATION THAT THE AMENDMENTS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS AMENDED AS DISCUSSED. Commissioner King seconded the motion. AYES: NAYS: Commissioners Bibb, King, and Mann, Vice Chairperson Rice, and Chairperson Hodge None ABSTAIN: None ABSENT: None There is no appeal period for zoning text amendments and the item will proceed to City Council with the Planning Commission s recommendation. B. OTHER None

12 Tree Advisory Board Minutes - Page 4 November 15, ORAL COMMUNICATIONS AND REPORTS A. STAFF Deputy Environmental Services Director/City Planner Perros welcomed new Recording Secretary for the Environmental Services Department, Lori Goor, who came over from the City Clerk s Office. He also commented on Patricia Park Project Millennial Apartments ground breaking ceremony. B. PLANNING COMMISSION Vice Chairperson Rice suggested a return of rewarding or recognizing business that do a great job of landscaping. Commissioner Bibb suggested sending someone out to the shopping centers that are not following their landscaping conditions. Commissioner King stated that the Veterans Day event that took place at Rancho Tapo Community Park and Veterans Plaza was amazing. He recounted Commissioner Bibb pinning on his Vietnam Veteran Pin. Commissioner Bibb noted all Vietnam Veterans were welcomed home on Saturday during a very moving ceremony. C. MOBILE HOME RENT MEDIATION BOARD None D. REE ADVISORY BOARD None 13. ADJOURNMENT The special meeting of the Planning Commission of the City of Simi Valley was adjourned at 7:14 p.m. The next scheduled Planning Commission meeting is on December 6, 2017; the meeting of November 22, 2017 has been cancelled. Minutes prepared by: Lori Goor