CITY OF SIMI VALLEY MEMORANDUM

Transcription

1 CITY OF SIMI VALLEY MEMORANDUM AGENDA ITEM NO. 6A June 27, 2016 TO: FROM: City Council Department of Environmental Services SUBJECT: A PUBLIC HEARING TO CONSIDER A GENERAL PLAN AMENDMENT FROM COMMERCIAL RECREATION TO INDUSTRIAL (GPA-95), REZONING FROM COMMERCIAL RECREATION (CR) TO LIGHT INDUSTRIAL (Z-S-725), A PLANNED DEVELOPMENT PERMIT FOR IMMEDIATE USE OF THE VACANT LAND AT 6700 SMITH ROAD AS A MOVIE STUDIO BACKLOT, AND APPROVAL FOR A FUTURE MOVIE STUDIO BUILDING (UP TO 200,000 SQUARE FEET) TO BE PROCESSED AS AN ADMINISTRATIVE MODIFICATION (PD-S-1039); AND THE INTENT TO APPROVE THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN THEREFOR; INTRODUCTION OF AN ORDINANCE AND ADOPTION OF RESOLUTIONS RECOMMENDATION The Planning Commission recommends that the City Council: 1. Adopt a resolution (page 7) amending the General Plan from Commercial Recreation to Industrial (GPA-95) and adopting the Mitigated Negative Declaration and Monitoring Plan therefor; 2. Introduce for first reading an ordinance (page 13) changing the Zoning from Commercial Recreation to Light Industrial (Z-S-725) and adopting the Mitigated Negative Declaration and Monitoring Plan therefor; and 3. Adopt a resolution (page 19) approving: a. A Planned Development Permit for a movie studio backlot and adopting the Mitigated Negative Declaration and Monitoring Plan therefor; and b. Administrative processing for a future movie studio building of up to 200,000 square feet (PD-S-1039). ASSISTANT CITY MANAGER S RECOMMENDATION The Assistant City Manager concurs with the Planning Commission s recommendation.

2 2 BACKGROUND AND OVERVIEW On May 18, 2016, the Planning Commission recommended 4:0 (Commissioner Hodge absent) that the City Council approve the requests of Allied Realty Partners to change the General Plan and Zoning from Commercial Recreation to Light Industrial, and approve a Planned Development Permit for a movie studio backlot and future administrative processing of up to a 200,000 square foot movie studio building at 6700 Smith Road. On April 19, 2016, Neighborhood Council #4 also recommended the project s approval (9:0:0). On October 28, 2013 the City Council authorized (5:0) the applicant s General Plan Prescreening request (PR-677) to proceed with an application to amend the General Plan from Commercial Recreation to Industrial, with an associated Zone Change and Planned Development Permit. The applicant proposes to change the General Plan from Commercial Recreation to Industrial and the Zoning from Commercial Recreation to Light Industrial (LI) to allow for a movie backlot and future movie studio; both are permitted uses in the LI zone. FINDINGS AND ALTERNATIVES The site is currently vacant and has been used for temporary filming activities over the years through location film permits. The applicant proposes to use the site as a flexible filming backlot and proposes to screen the backlot from the street by construction of a block wall with foundation plantings on the interior/south side of the existing Eucalyptus tree row which will be retained. The existing access to the site toward the west end of the parcel and the connection to the existing studio to the east will also be retained. No structures or other improvements are proposed in connection with the movie studio backlot in order to allow it to be flexibly used. The application s Noise Study and associated Mitigation Monitoring Plan address measures to be implemented when noise may exceed City codes, and notification processes for notification of the City and neighbors for any possible noises that cannot be mitigated as currently done for location film permits. The application also includes a request to allow up to three years for the applicant to process up to a 200,000 square-foot movie studio building (and associated improvements required by code) as an Administrative Modification to the project. This will facilitate the construction of the ultimate building of the site by allowing the approval by the Director of Environmental Services in compliance with all City codes, and will move filming operations indoors. An Initial Study (refer to Exhibit 1, page 205) was prepared for the project in accordance with Section of the State California Environmental Quality Act (CEQA) Guidelines. Based on the conclusions in the Initial Study, it was determined that the project could have significant effects on aesthetics, biological resources, and noise.

3 3 Consequently, the applicant amended the project to include mitigation measures that would reduce the potentially significant environmental impacts to an insignificant level. These measures are contained in the project s I conditions and in the Mitigation Monitoring Plan. The findings for approval of the General Plan Amendment, Zone Change, and Planned Development Permit and adoption of the Mitigated Negative Declaration and Mitigation Monitoring Plan are found on pages of Exhibit 1 as recommended by the Planning Commission for approval. The following alternatives are available to the City Council: 1. Adopt a resolution (page 7) amending the General Plan from Commercial Recreation to Industrial (GPA-95) and adopting the Mitigated Negative Declaration and Monitoring Plan therefor; 2. Introduce for first reading an ordinance (page 13) changing the Zoning from Commercial Recreation to Light Industrial (Z-S-725) and adopting the Mitigated Negative Declaration and Monitoring Plan therefor; 3. Adopt a resolution (page 19) approving: a. A Planned Development Permit for a movie studio backlot and adopting the Mitigated Negative Declaration and Monitoring Plan therefor; and b. Administrative processing for a future movie studio building of up to 200,000 square feet (PD-S-1039). 4. Modify and adopt a resolution (page 19) approving a Planned Development Permit for a movie studio backlot, adopting the Mitigated Negative Declaration and Monitoring Plan, and requiring that the construction of the proposed, up to 200,000 square feet, movie studio building be brought back to the Planning Commission for consideration, rather than it be processed as an Administrative Modification; 5. Modify, do not introduce and/or adopt the ordinance and resolutions; 6. Refer the matter back to staff; 7. Provide staff with alternative direction. The Planning Commission recommends Alternative Nos. 1-3.

4 4 SUGGESTED CITY COUNCIL MOTION I move to: 1. Adopt a resolution amending the General Plan from Commercial Recreation to Industrial (GPA-95) and adopting the Mitigated Negative Declaration and Monitoring Plan therefor; 2. Introduce for first reading an ordinance changing the Zoning from Commercial Recreation to Light Industrial (Z-S-725) and adopting the Mitigated Negative Declaration and Monitoring Plan therefor; and 3. Adopt a resolution approving: a. A Planned Development Permit for a movie studio backlot and adopting the Mitigated Negative Declaration and Monitoring Plan therefor; and b. Administrative processing for a future movie studio building of up to 200,000 square feet (PD-S-1039). SUMMARY Allied Realty Partners requests to change the General Plan from Commercial Recreation to Industrial, change the Zoning from Commercial Recreation to Light Industrial, and approve a Planned Development Permit for a movie studio backlot and future administrative processing of up to a 200,000 square-foot movie studio building at 6700 Smith Road. The site is currently vacant, has been used for location filming. Other than a screen wall along Smith Road, no structures are proposed with this project to allow for a flexible filming site. The Planning Commission and Neighborhood Council 4 recommend approval of the project, and adoption of the associated Mitigated Negative Declaration and Mitigation Monitoring Plan. Prepared by: Lorri Hammer, Senior Planner Peter Lyons, Director Department of Environmental Services INDEX Page Public Hearing Procedure... 5 Resolution for the General Plan Amendment... 7 Ordinance for the Zone Change Resolution for the Planned Development Permit Exhibit 1 Planning Commission Packet

5 5 PUBLIC HEARING PROCEDURE HEARING DATE: June 27, MAYOR: This is the time and place set for a public hearing to consider GPA-95, Z-S-725, PD-S-1039, and the project Mitigated Negative Declaration and Mitigation Monitoring Plan to change the General Plan from Commercial Recreation to Industrial, change the Zoning from Commercial Recreation to Light Industrial, and adopt a Planned Development Permit for a movie studio backlot and future administrative processing of up to a 200,000 square-foot movie studio, including introduction of an ordinance and adoption of resolutions. May I have a reading of the ordinance and resolutions? 2. CLERK: [Reads Ordinance and Resolutions] 3. MAYOR: May we have an oral report on this matter by staff? 4. STAFF: (Report) 5. ANY COUNCIL MEMBER : (Questions of staff and staff responses) 6. MAYOR: Does the applicant wish to be heard on this matter? 7. APPLICANT: (Comments) 8. MAYOR: Is there anyone in the City Council Chamber wishing to be heard on this matter? 9. AUDIENCE: (Comments) 10. MAYOR: Does staff desire to respond to any comments or issues raised? 11. STAFF: (Response to comments and additional City Council questions) 12. MAYOR: Does the Applicant desire any rebuttal? 13. APPLICANT: (Rebuttal) 14. MAYOR: The hearing is closed. Are there any comments or questions from members of the City Council? (Note: If the City Council has any further questions of staff or the applicant at this time, the Public Hearing may need to be re-opened.)

6 6 15. ANY COUNCIL MEMBER : (Comments) 16. MAYOR: The Chair will now entertain a motion. 17. ANY COUNCIL MEMBER : City Council Actions (by motion of any Council Member): 18. ANY COUNCIL MEMBER : Second 19. MAYOR: (Call for vote) 20. MAYOR: Proceed to the next item. 1) Adopt, modify, or not adopt Resolution No (requires a second and a vote). 2) Introduce, modify, or not introduce Ordinance No (does not require a second or a vote); 3) Adopt, modify, or not adopt Resolution No (requires a second and a vote). * Any action to refer the matter back to staff or to continue the matter requires a second and a vote.

7 7 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY APPROVING GENERAL PLAN AMENDMENT GPA-95 AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MONITORING PLAN THEREFOR WHEREAS, the applicant, Allied Realty Partners LLC, has requested approval of a General Plan Amendment from Commercial Recreation to Industrial, for a 9.11-acre site located at 6700 Smith Road, known as Ventura County Assessor's Parcel No and by the legal description attached hereto as Exhibit A, for the purpose of amending the City's General Plan Land Use designation from Commercial Recreation to Industrial for the development of a movie studio backlot; and WHEREAS, on May 18, 2016, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval of the Zone Change Z-S- 725 and the project Mitigated Negative Declaration and Monitoring Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The findings for the Mitigated Negative Declaration, contained in the Planning Commission staff report dated May 18, 2016, and incorporated herein by reference, are approved. SECTION 2. The Mitigated Negative Declaration and Mitigation Monitoring Plan, attached hereto as Exhibit B, prepared for the project is hereby adopted. SECTION 3. The findings, for approval, for General Plan Amendment GPA-95, contained in the Planning Commission staff report dated May 18, 2016, and incorporated herein by reference, are hereby approved. SECTION 4. The General Plan Amendment (GPA-95) to the City s General Plan Land Use Map, as specified in Exhibit C, attached hereto, is hereby approved.

8 8 RES. NO SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk. Attest: PASSED and ADOPTED this 27 th of June, Ky Spangler, Deputy Director/City Clerk Robert O. Huber, Mayor of the City of Simi Valley, California Approved as to Form: Approved as to Content: Lonnie J. Eldridge, City Attorney Eric J. Levitt, City Manager Peter Lyons, Director Department of Environmental Services

9 9 RES. NO EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Ventura, State of California, described as follows: A portion of Section 16, Township 2 North, Range 17 West, Rancho Simi, in the City of Simi Valley, County of Ventura, State of California, as per plat of the Valley of Simi being Subdivision Map No. 1 of the lands of the Simi Land and Water Company, recorded in Book 3, Page 2 of Miscellaneous Records, in the office of the County Recorder of said county, described as follows: Beginning at the intersection of the South line of that certain strip of land 60 feet in width conveyed to the County of Ventura, by deed recorded in Book 26, Page 209 of Deeds, with a curve concentric with and distant Easterly 30 feet from that certain third course in the deed to Ventura County, recorded in Book 49, Page 26 of Official Records, recited as having a radius of 400 feet and a length of feet; thence in a general Southerly direction along the Easterly line of said strip described in Book 49, Page 26 of Official Records, to a point in the North line of the land conveyed to Southern Pacific Railroad Company, by deed recorded in Book 64, Page 420 of Deeds; thence Easterly along the North line of land last referred to, to the Southwest corner of the land conveyed to Carl Stroffregen by deed recoded in Book 555, Page 253 of Official Records; thence along the West line of said land of Stoffregen North West to a point in the South line of said land conveyed to Ventura County, recoded in Book 26, Page 209 of Deeds; thence West along said South line to the point of beginning. EXCEPT that portion lying Westerly of the following described line: Beginning at a point in the South line of Smith Road as described in deed recorded in Book 26, page 209 of Official Records, 700 feet West of the Northeast corner of the herein described land; thence Southerly at right angles to Smith Road to the northerly line of the land conveyed to the South Pacific Railroad Company, by deed recorded in Book 64, Page 420 of Official Records. Assessor s Parcel Number:

10 10 RES. NO MITIGATION MONITORING PLAN PD-S-1039/GPA-95/Z-S-725 EXHIBIT B 1. The Applicant must ensure that all light fixtures will be aimed down or flagged/shielded to reduce light spillover onto neighboring properties. Timing: All outdoor activities for the life of the project. 2. The Applicant must schedule all clearing and grubbing to avoid the January 15 to August 15 nesting season of birds protected by the Migratory Bird Treaty Act. If clearing and grubbing is scheduled during the nesting bird season, the Applicant must complete a pre-construction survey for nesting birds, to be conducted by a qualified biologist with at least two years of experience carrying out field surveys for breeding and nesting birds in Southern California. The Applicant must schedule construction activity so that no more than seven days elapse between the pre-construction survey and the commencement of any site activity that would potentially disturb trees or shrubs in the nesting zone. The preconstruction survey must determine if birds are breeding and/or nesting in the construction zone or within 100 feet (300 feet for raptors) of the construction zone. If construction is interrupted for more than 14 days past the date of the first pre-construction survey, then additional pre-construction surveys must be conducted so that no more than seven days elapse between the survey and construction activity. If active nests are found, the Applicant must erect a fence barrier around the nest site as determined by the biologist, and must prohibit construction activities within the fence barrier around the nest zone until the qualified biologist clears the nest zone. The Applicant must monitor construction activities that occur near active nest areas to ensure that no inadvertent adverse impacts affect the nest. The Applicant must provide the consultant contract for the pre-construction survey and monitoring to the Deputy Director/City Planner for review and issuance of a grading permit. The results of the survey shall be provided to the Deputy Director prior to start of site clearing. Timing: Prior to issuance of a grading permit. 3. The Applicant must prohibit storage, operation or parking of equipment, materials, and vehicles under the canopies of the preserved mature trees onsite for the life of the project. Timing: All outdoor activities for the life of the project. 4. The Applicant will implement the following measures to control noise leaving the site: a. To the extent feasible, operating generators shall not be operated within 50 feet of the northern and western property line. b. If generators will be used within 50 feet of the northern or western property lines during nighttime filming operations (10PM 7AM), large box trucks shall be positioned between the generators and the residences to the north (or any future residential development to the west) to shield noise.

11 11 RES. NO c. As a good neighbor policy, notification should be provided to the City and residences if there is a potential for loud noise producing scenes and nighttime filming activities where a substantial increase in ambient noise could occur a minimum of 72 hours in advance. d. Prior to filming any loud noise producing scene (e.g. gunfights, fireworks, and other loud intermittent sounds), a noise mitigation plan will be prepared by the Applicant or a qualified acoustical consultant to ensure filming activities are below the City s noise standards. The plan must include the following, or other equivalent, measures necessary to achieve the required noise reduction: 1. Description of the noise producing scene, including proposed hours and estimated duration. 2. Calculation of the unmitigated and mitigated noise levels. 3. Notification of affected residents and City of film schedule and a description of a method for noise compliant resolution procedures. e. If noise complaints arise, noise measurements must be taken by an acoustical consultant to verify if noise levels exceed the City thresholds of 63 db(a) CNEL and 10 decibels above ambient. If these levels are exceeded, barriers must be erected around generators to reduce the noise to acceptable levels. Timing: All outdoor activities for the life of the project.

12 12 RES. NO EXHIBIT C GPA-95 Amend the General Plan Land Use Map to change 6700 Smith Road (shown in hatched below) from Commercial Recreation (Pink) to Industrial (Purple)

13 13 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY APPROVING A CHANGE OF ZONING CLASSIFICATION (Z-S-725) AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MONITORING PLAN THEREFOR WHEREAS, the applicant, Allied Realty Partners LLC, has requested approval of a Zone Change from Commercial Recreation to Light Industrial, for a acre site located at 6700 Smith Road, known as Ventura County Assessor's Parcel No and by the legal description attached hereto as Exhibit A, for the purpose of amending the City's Zoning Map page 216 from Commercial Recreation to Light Industrial for development of a movie studio backlot; and WHEREAS, on May 18, 2016, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval of the Zone Change (Z-S- 725), and the project Mitigated Negative Declaration and Monitoring Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS: SECTION 1. The findings for the Mitigated Negative Declaration, contained in the Planning Commission staff report dated May 18, 2016, and incorporated herein by reference, are approved. SECTION 2. The Mitigated Negative Declaration and Mitigation Monitoring Plan, attached hereto as Exhibit B, prepared for the project is hereby adopted. SECTION 3. The findings, for approval, for Zone Change Z-S-725, contained in the Planning Commission staff report dated May 18, 2016, and incorporated herein by reference, are hereby approved. SECTION 4. The Zone Change Z-S-725 to the City s Zoning Map page 216, as specified in Exhibit C, attached hereto, is hereby approved. SECTION 5. 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 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.

14 14 ORD NO SECTION 6. 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. Attest: PASSED and ADOPTED Ky Spangler, Deputy Director/City Clerk Robert O. Huber, Mayor of the City of Simi Valley, California Approved as to Form: Approved as to Content: Lonnie J. Eldridge, City Attorney Eric J. Levitt, City Manager Peter Lyons, Director Department of Environmental Services

15 15 ORD NO EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Ventura, State of California, described as follows: A portion of Section 16, Township 2 North, Range 17 West, Rancho Simi, in the City of Simi Valley, County of Ventura, State of California, as per plat of the Valley of Simi being Subdivision Map No. 1 of the lands of the Simi Land and Water Company, recorded in Book 3, Page 2 of Miscellaneous Records, in the office of the County Recorder of said county, described as follows: Beginning at the intersection of the South line of that certain strip of land 60 feet in width conveyed to the County of Ventura, by deed recorded in Book 26, Page 209 of Deeds, with a curve concentric with and distant Easterly 30 feet from that certain third course in the deed to Ventura County, recorded in Book 49, Page 26 of Official Records, recited as having a radius of 400 feet and a length of feet; thence in a general Southerly direction along the Easterly line of said strip described in Book 49, Page 26 of Official Records, to a point in the North line of the land conveyed to Southern Pacific Railroad Company, by deed recorded in Book 64, Page 420 of Deeds; thence Easterly along the North line of land last referred to, to the Southwest corner of the land conveyed to Carl Stroffregen by deed recoded in Book 555, Page 253 of Official Records; thence along the West line of said land of Stoffregen North West to a point in the South line of said land conveyed to Ventura County, recoded in Book 26, Page 209 of Deeds; thence West along said South line to the point of beginning. EXCEPT that portion lying Westerly of the following described line: Beginning at a point in the South line of Smith Road as described in deed recorded in Book 26, page 209 of Official Records, 700 feet West of the Northeast corner of the herein described land; thence Southerly at right angles to Smith Road to the northerly line of the land conveyed to the South Pacific Railroad Company, by deed recorded in Book 64, Page 420 of Official Records. Assessor s Parcel Number:

16 16 ORD NO MITIGATION MONITORING PLAN PD-S-1039/GPA-95/Z-S-725 EXHIBIT B 1. The Applicant must ensure that all light fixtures will be aimed down or flagged/shielded to reduce light spillover onto neighboring properties. Timing: All outdoor activities for the life of the project. 2. The Applicant must schedule all clearing and grubbing to avoid the January 15 to August 15 nesting season of birds protected by the Migratory Bird Treaty Act. If clearing and grubbing is scheduled during the nesting bird season, the Applicant must complete a pre-construction survey for nesting birds, to be conducted by a qualified biologist with at least two years of experience carrying out field surveys for breeding and nesting birds in Southern California. The Applicant must schedule construction activity so that no more than seven days elapse between the pre-construction survey and the commencement of any site activity that would potentially disturb trees or shrubs in the nesting zone. The preconstruction survey must determine if birds are breeding and/or nesting in the construction zone or within 100 feet (300 feet for raptors) of the construction zone. If construction is interrupted for more than 14 days past the date of the first pre-construction survey, then additional pre-construction surveys must be conducted so that no more than seven days elapse between the survey and construction activity. If active nests are found, the Applicant must erect a fence barrier around the nest site as determined by the biologist, and must prohibit construction activities within the fence barrier around the nest zone until the qualified biologist clears the nest zone. The Applicant must monitor construction activities that occur near active nest areas to ensure that no inadvertent adverse impacts affect the nest. The Applicant must provide the consultant contract for the pre-construction survey and monitoring to the Deputy Director/City Planner for review and issuance of a grading permit. The results of the survey shall be provided to the Deputy Director prior to start of site clearing. Timing: Prior to issuance of a grading permit. 3. The Applicant must prohibit storage, operation or parking of equipment, materials, and vehicles under the canopies of the preserved mature trees onsite for the life of the project. Timing: All outdoor activities for the life of the project. 4. The Applicant will implement the following measures to control noise leaving the site: a. To the extent feasible, operating generators shall not be operated within 50 feet of the northern and western property line. b. If generators will be used within 50 feet of the northern or western property lines during nighttime filming operations (10PM 7AM), large box trucks shall be positioned between the generators and the residences to the north (or any future residential development to the west) to shield noise.

17 17 ORD NO c. As a good neighbor policy, notification should be provided to the City and residences if there is a potential for loud noise producing scenes and nighttime filming activities where a substantial increase in ambient noise could occur a minimum of 72 hours in advance. d. Prior to filming any loud noise producing scene (e.g. gunfights, fireworks, and other loud intermittent sounds), a noise mitigation plan will be prepared by the Applicant or a qualified acoustical consultant to ensure filming activities are below the City s noise standards. The plan must include the following, or other equivalent, measures necessary to achieve the required noise reduction: 1. Description of the noise producing scene, including proposed hours and estimated duration. 2. Calculation of the unmitigated and mitigated noise levels. 3. Notification of affected residents and City of film schedule and a description of a method for noise compliant resolution procedures. e. If noise complaints arise, noise measurements must be taken by an acoustical consultant to verify if noise levels exceed the City thresholds of 63 db(a) CNEL and 10 decibels above ambient. If these levels are exceeded, barriers must be erected around generators to reduce the noise to acceptable levels. Timing: All outdoor activities for the life of the project.

18 18 ORD NO EXHIBIT C Z-S-725 Amend the Zoning Maps, Page 216 to change 6700 Smith Road from CR to LI

19 19 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY APPROVING PLANNED DEVELOPMENT PERMIT PD-S-1039 AND ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MONITORING PLAN THEREFOR WHEREAS, the applicant, Allied Realty Partners LLC, has requested approval of a Planned Development Permit (PD-S-1039), for a 9.11-acre site located at 6700 Smith Road, known as Ventura County Assessor's Parcel No and by the legal description attached hereto as Exhibit A, for the purpose of using their site for a flexible movie studio backlot and request administrative processing through an Administrative Modification for a future movie studio building of up to 200,000 square feet; and WHEREAS, on May 18, 2016, the Planning Commission of the City of Simi Valley held a public hearing and recommended approval of the Planned Development Permit and the project Mitigated Negative Declaration and Monitoring Plan. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The findings for the Mitigated Negative Declaration, contained in the Planning Commission staff report dated May 18, 2016, and incorporated herein by reference, are approved. SECTION 2. The Mitigated Negative Declaration and Mitigation Monitoring Plan, attached hereto as Exhibit B, prepared for the project is hereby adopted. SECTION 3. The findings, for approval, for the Planned Development Permit PD-S-1039, contained in the Planning Commission staff report dated May 18, 2016, and incorporated herein by reference, are hereby approved. SECTION 4. Planned Development Permit PD-S-1039 to develop a movie studio backlot and for future administrative processing, subject to the conditions of approval as specified in Exhibit C, attached hereto, is hereby approved.

20 20 RES. NO SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk. Attest: PASSED and ADOPTED this 27 th day of June, Ky Spangler, Deputy Director/City Clerk Robert O. Huber, Mayor of the City of Simi Valley, California Approved as to Form: Approved as to Content: Lonnie J. Eldridge, City Attorney Eric J. Levitt, City Manager Peter Lyons, Director Department of Environmental Services

21 21 RES. NO EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Ventura, State of California, described as follows: A portion of Section 16, Township 2 North, Range 17 West, Rancho Simi, in the City of Simi Valley, County of Ventura, State of California, as per plat of the Valley of Simi being Subdivision Map No. 1 of the lands of the Simi Land and Water Company, recorded in Book 3, Page 2 of Miscellaneous Records, in the office of the County Recorder of said county, described as follows: Beginning at the intersection of the South line of that certain strip of land 60 feet in width conveyed to the County of Ventura, by deed recorded in Book 26, Page 209 of Deeds, with a curve concentric with and distant Easterly 30 feet from that certain third course in the deed to Ventura County, recorded in Book 49, Page 26 of Official Records, recited as having a radius of 400 feet and a length of feet; thence in a general Southerly direction along the Easterly line of said strip described in Book 49, Page 26 of Official Records, to a point in the North line of the land conveyed to Southern Pacific Railroad Company, by deed recorded in Book 64, Page 420 of Deeds; thence Easterly along the North line of land last referred to, to the Southwest corner of the land conveyed to Carl Stroffregen by deed recoded in Book 555, Page 253 of Official Records; thence along the West line of said land of Stoffregen North West to a point in the South line of said land conveyed to Ventura County, recoded in Book 26, Page 209 of Deeds; thence West along said South line to the point of beginning. EXCEPT that portion lying Westerly of the following described line: Beginning at a point in the South line of Smith Road as described in deed recorded in Book 26, page 209 of Official Records, 700 feet West of the Northeast corner of the herein described land; thence Southerly at right angles to Smith Road to the northerly line of the land conveyed to the South Pacific Railroad Company, by deed recorded in Book 64, Page 420 of Official Records. Assessor s Parcel Number:

22 22 RES. NO MITIGATION MONITORING PLAN PD-S-1039/GPA-95/Z-S-725 EXHIBIT B 1. The Applicant must ensure that all light fixtures will be aimed down or flagged/shielded to reduce light spillover onto neighboring properties. Timing: All outdoor activities for the life of the project. 2. The Applicant must schedule all clearing and grubbing to avoid the January 15 to August 15 nesting season of birds protected by the Migratory Bird Treaty Act. If clearing and grubbing is scheduled during the nesting bird season, the Applicant must complete a pre-construction survey for nesting birds, to be conducted by a qualified biologist with at least two years of experience carrying out field surveys for breeding and nesting birds in Southern California. The Applicant must schedule construction activity so that no more than seven days elapse between the pre-construction survey and the commencement of any site activity that would potentially disturb trees or shrubs in the nesting zone. The preconstruction survey must determine if birds are breeding and/or nesting in the construction zone or within 100 feet (300 feet for raptors) of the construction zone. If construction is interrupted for more than 14 days past the date of the first pre-construction survey, then additional pre-construction surveys must be conducted so that no more than seven days elapse between the survey and construction activity. If active nests are found, the Applicant must erect a fence barrier around the nest site as determined by the biologist, and must prohibit construction activities within the fence barrier around the nest zone until the qualified biologist clears the nest zone. The Applicant must monitor construction activities that occur near active nest areas to ensure that no inadvertent adverse impacts affect the nest. The Applicant must provide the consultant contract for the pre-construction survey and monitoring to the Deputy Director/City Planner for review and issuance of a grading permit. The results of the survey shall be provided to the Deputy Director prior to start of site clearing. Timing: Prior to issuance of a grading permit. 3. The Applicant must prohibit storage, operation or parking of equipment, materials, and vehicles under the canopies of the preserved mature trees onsite for the life of the project. Timing: All outdoor activities for the life of the project. 4. The Applicant will implement the following measures to control noise leaving the site: a. To the extent feasible, operating generators shall not be operated within 50 feet of the northern and western property line. b. If generators will be used within 50 feet of the northern or western property lines during nighttime filming operations (10PM 7AM), large box trucks shall be positioned between the generators and the residences to the north (or any future residential development to the west) to shield noise.

23 23 RES. NO c. As a good neighbor policy, notification should be provided to the City and residences if there is a potential for loud noise producing scenes and nighttime filming activities where a substantial increase in ambient noise could occur a minimum of 72 hours in advance. d. Prior to filming any loud noise producing scene (e.g. gunfights, fireworks, and other loud intermittent sounds), a noise mitigation plan will be prepared by the Applicant or a qualified acoustical consultant to ensure filming activities are below the City s noise standards. The plan must include the following, or other equivalent, measures necessary to achieve the required noise reduction: 1. Description of the noise producing scene, including proposed hours and estimated duration. 2. Calculation of the unmitigated and mitigated noise levels. 3. Notification of affected residents and City of film schedule and a description of a method for noise compliant resolution procedures. e. If noise complaints arise, noise measurements must be taken by an acoustical consultant to verify if noise levels exceed the City thresholds of 63 db(a) CNEL and 10 decibels above ambient. If these levels are exceeded, barriers must be erected around generators to reduce the noise to acceptable levels. Timing: All outdoor activities for the life of the project.

24 24 RES. NO EXHIBIT C CASE NO.: APPLICANT: PD-S-1039 Allied Realty Partners LLC PROJECT PERMIT CONDITIONS The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this permit. These conditions of approval will supersede any conflicting notations, specifications, dimensions, and typical sections that may be shown on a development plan or exhibit. Unless otherwise stated, all conditions of approval must be complied with prior to the issuance of a Zoning Clearance. Applicant will assume all costs incurred in complying with the conditions contained herein. All facilities and uses other than those specifically approved by the approving authority are prohibited. In consideration of the benefits conferred by this Permit, Applicant, on behalf of him/herself, intending to be bound hereby for the life of this permit, consents to City Personnel entering the Project property during daylight hours without a warrant and with written notice to verify compliance with the terms and conditions of this Permit. "Applicant" or "Developer" or "Owner" as used in these conditions means all applicants, developers, permittees, and all owners of the subject property and all successors and assigns thereto. These conditions are deemed to touch and concern the real property, which is the subject hereof, and will run with the land. Compliance with these conditions must be maintained for the life of the permit. The Simi Valley Municipal Code (SVMC) contains penalty provisions for the violation of development conditions, which could result in any available administrative, civil, or criminal remedies that could include one or more of the following: 1) revocation of the development permit; 2) penalties of up to $1,000 in fines and/or six months in jail for each day of violation; and 3) the prohibition of further violations through court injunction. Applicant must comply with all of the conditions. A. ENVIRONMENTAL SERVICES CONDITIONS: Planning Division: A-1 This permit is granted for all of the buildings, roadways, parking areas, landscaping, lighting, colors and materials, and other features which must be as shown on the formal application and exhibits specifically labeled as Exhibit(s) Arch-1, Landscape 1 through 3, and Landscape Details dated March 18, A-2 If this permit has not been use inaugurated as a backlot filming area prior to thirty-six (36) months following this approval, the permit will automatically expire. *A-3 Applicant may submit for an Administrative Modification to this Planned Development Permit for consideration of up to a 200,000 square-foot movie studio and associated improvements on this site. If the permit for the Administrative Modification for such movie studio has not been granted, and the site has not use inaugurated with a movie studio building

25 25 RES. NO CASE NO.: APPLICANT: PD-S-1039 Allied Realty Partners LLC prior to thirty-six (36) months following PD-S-1039 s approval, any future application(s) for development of the site must be submitted in accordance with Simi Valley Municipal Code in effect at the time, which could preclude administrative consideration. Any application(s) for uses other than a movie studio will require full consideration in accordance with SVMC, and could preclude administrative consideration. No grading permit, building permit, or other City approval that permits any type of physical dirt movement or permanent building construction, with the exception of the wall and landscaping described in this permit, is approved at this time. A-4 Applicant must defend, indemnify, and hold harmless the City, its agents, officials, and employees from any claim, action, or proceeding against the City or its agents, officials, or employees in any action to attack, set aside, void, or annul the approval of this permit. The City will promptly notify Applicant of any claim, action, or proceeding; and the City will cooperate fully in the defense. The City shall also have the right to consult and participate with Applicant in the development of litigation strategy. Further, Applicant must select an attorney, acceptable to the City, who will defend such proceeding. Such approval of an attorney will not be unreasonably withheld. A-5 During the lifetime of the permit, Applicant must comply with all applicable laws and regulations of every local, state, and federal entity; and all such requirements and enactments will be incorporated by reference as conditions of this permit. The duty of inquiry as to such requirements and any amendments thereto will be upon Applicant and his or her transferees or successor in interest. A-6 Applicant agrees that if any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding will render this permit to be null and void. A-7 Approval of this project requires certain legislative determinations by the City Council. The approval of the Planned Development Permit is hereby expressly made contingent upon the approval of the Zone Change and General Plan Amendment, by the City Council. A-8 Applicant must provide to the Deputy Director/City Planner a copy of all conditions of approval recorded with the Ventura County Recorder's Office. A-9 Applicant must submit a comprehensive sign program for all permanent signs on the project site to the Deputy Director/City Planner for review and approval at such time signs may be proposed. The Deputy Director/City Planner will review the sign program and plan for compliance with the following criteria:

26 26 RES. NO CASE NO.: APPLICANT: PD-S-1039 Allied Realty Partners LLC a. Such sign program must identify the maximum size, type(s), color(s), and specific location(s) of all permanent signs to be placed on the site. The maximum height and size of any permanent freestanding sign will be eight (8) feet in height and a maximum of forty (40) square feet of sign area; and b. Provide additional requirements and/or criteria as related to the project's signage. A-10 Applicant must not attach signs, flags, pennants, streamers, or banners of any type to the light poles or landscaping. A-11 In the event of the encounter of subsurface materials suspected to be of an archaeological or paleontological nature, all grading or excavation must cease in the immediate area, and the find left untouched. Applicant must select and provide a qualified professional archaeologist certified by the Register of Professional Archaeologists or paleontologist with a degree(s) in paleontology or geology to evaluate and make recommendations as to disposition, mitigation and/or salvage. The recommendation must be implemented before work may proceed. Applicant will be liable for all costs associated with the professional investigation and implementation. A-12 Prior to the time of occupancy inspection on any future permanent structure, Applicant must provide to the Deputy Director/City Planner and the Building Official written certification from the project architect or engineer that the project has been constructed in accordance with the approved plans. A-13 Applicant must continually maintain, repair and replace all structures, landscaping, irrigation equipment, sidewalks, parking lot surfacing, and all other improvements within the project described in the approved plans. B. PUBLIC WORKS CONDITIONS: General B-1 These Conditions of Approval shall supersede all conflicting notations, specifications, dimensions and typical sections which may be shown on development plans or exhibits. The Conditions stated herein shall not be considered a comprehensive listing of all State and Municipal Code requirements and City ordinances and policies. All of the following Conditions, including the payment of all the miscellaneous fees, must be completed prior to the issuance of a Zoning Clearance, unless other timing has been specified by a Condition. The conditions marked with an asterisk (*) are Special Conditions applicable specifically to this project. In the event of a conflict between a Standard Condition and a Special Condition, the Special Condition will take precedence.

27 27 RES. NO CASE NO.: APPLICANT: PD-S-1039 Allied Realty Partners LLC *B-2 The B conditions herein will apply to any major change in intensity of land use of the existing surface of the parcel which is intended for construction of temporary sets, stages, and other uses supporting studio activities. Any re grading of any portion of the site for studio activities will be reviewed by Public Works for compliance with proper erosion control activities. Any grading which exceeds 50 cubic yards in volume (cut or fill) will be subject to issuance of a grading permit by Public Works. B-3 Prior to occupancy of any structure, Applicant must design and complete all improvements per the accepted plans and approved conditions, and obtain acceptance for the improvements from the City. Prior to requesting a final inspection for release of securities, Applicant must submit record drawings, certifications, and a digital file of record drawings (in an ARC Info or DXF format compatible with the City GIS database) to the Department of Public Works. B-4 Prior to the issuance of a Grading Permit, Applicant must submit the improvement plans on 24" x 36" sheets having the City's standard signature blocks. All lettering on the plans must be a minimum of.08 inch in size and the plans must be drawn to ensure reproduction and record keeping. All plans must be drawn in ink and must be signed by a California State Registered Civil Engineer at the time of first submittal. All improvement plans must comply with Chapter 7 of the Ventura County Land Development Manual adopted by City Council Resolution No Applicant must submit improvement plans for the entire project as one package and must include all project improvements shown on the approved project exhibits and those to be designed per these Conditions. (Piecemeal submittal of plans is not acceptable.) This package must include all supporting studies. Plans and studies must be signed by a California State Registered Civil Engineer at the time of first submittal. B-5 Applicant must obtain an encroachment permit for construction of any public infrastructure. Prior to the permit's issuance, all improvement plans and submittals must be accepted by the City Engineer, all applicable fees must be paid, all securities must be posted and insurance documentation provided. The above submittals must comply with SVMC Section 7-1. *B-6 Applicant must design any future improvements such that all existing and proposed utilities are underground per SVMC Section 9-30 and Grading B-7 Prior to issuance of a grading permit, Applicant must submit a site paving, drainage and grading plan, subject to review and approval by the City Engineer. The plans must be in conformance with Chapter 7 of

28 28 RES. NO CASE NO.: APPLICANT: PD-S-1039 Allied Realty Partners LLC the Ventura County Land Development Manual adopted by City Council Resolution No The site paving, drainage and grading plan must be accompanied by a soils report, prepared to comply with the Guidelines for Geotechnical and Geological Reports in the City of Simi Valley. B-8 Prior to the issuance of a grading permit, Applicant must post improvement securities for all grading, must pay all applicable fees, and must provide insurance documentation. The above submittals must comply with SVMC Section 7-1. B-9 Applicant must obtain a grading permit prior to future building construction and must complete the grading according to the approved plans, and must provide certifications by the soils engineer and civil engineer. Drainage B-10 Prior to the issuance of a grading permit, Applicant must provide a final drainage study prepared by a California State Registered Civil Engineer. This study must include hydrologic and hydraulic calculations and comply with the City of Simi Valley Drainage Study Guidelines, Goal Vlll-3 of the General Plan, the Ventura County Hydrology Manual, and the Hydraulic Design Manual of the Los Angeles County and Ventura County Watershed Protection Districts. B-11 At the time of future building construction, Applicant must incorporate storm water detention into the improvement plans. Detention design must conform to the City of Simi Valley Drainage Study Guidelines. Site runoff cannot exceed the 10-year developed storm runoff from the site area. The hydrograph flood routing method or unit volume method of 1,000 cubic feet per acre may be used for detention design when the project exceeds 10 acres of developable area. For projects with 10 acres or less of developable area, the unit volume method must be used. Detention facilities must be privately maintained by the property owner(s) or homeowner(s) association. B-12 *B-12 Prior to the issuance of a grading permit, Applicant must prepare a Storm Water Pollution Control Plan (SWPCP) and shall incorporate permanent stormwater quality treatment devices into the site improvements for review, prior to approval by the Engineer. The SWPCP shall be prepared and implemented to comply with the State Water Resources Control Board Order No DWQ, Order No. CAS000002, "National Pollution Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities"; and the State of