Simi Valley Municipal Code Art. 5 Flood Area Development Permits

A flood area development permit shall be obtained before any construction or other development, including manufactured homes, begins within any special flood hazard area (SFHA) established in Section 7-5.302. Application for a flood area development permit shall be made on forms furnished by the Floodplain Administrator and shall include, but not be limited to:

(a) Plans in duplicate drawn to scale, including 300 feet surrounding and adjacent to the area in question, showing:

(1) The nature, location, dimensions, and elevation of the area in question;

(2) Existing or proposed structures, storage of materials and equipment and the location;

(3) Proposed locations of water supply, sanitary sewer, and other utilities;

(4) Grading information showing existing and proposed contours, any proposed fill, and drainage facilities;

(5) Location of regulatory floodway when applicable;

(6) BFE information as specified in Section 7-5.302 or Section 7-5.402(c). When not provided according to said sections, the applicant shall provide, upon approval by the City for its use, the best available BFE data from a Federal or State agency or from a private engineering report;

(7) Proposed elevation in relation to mean sea level of the lowest floor of all structures. In Zone AO, the elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; and

(8) Proposed elevation in relation to mean sea level to which any non-residential structure will be floodproofed, as required in Section 7-5.603(e)(3) of this chapter and detailed in FEMA Technical Bulletin TB 3-93.

(b) Certification from a registered civil engineer or architect that the non-residential floodproofed building meets the floodproofing criteria in Section 7-5.603(e)(3).

(c) For a crawl space foundation, location and total net area of foundation openings as required in Sections 7-5.603(e)(5) and 7-5.603(e)(8) of this chapter and detailed in FEMA Technical Bulletins 1-93 and 7-93.

(d) All appropriate certifications listed in Sections 7-5-402(e) and 7-5.501 of this chapter.

(e) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

(1) Proof that written notification, on forms furnished by the Floodplain Administrator, was sent prior to any alteration or relocation of the watercourse to all adjacent communities, the California Department of Water Resources, and the Federal Insurance Administration, Federal Emergency Management Agency; and

(2) Engineering data to demonstrate, to the satisfaction of the Floodplain Administrator, that the flood carrying capacity of the altered or relocated portion of the watercourse will be maintained;

(f) Engineering data to satisfy the following requirements:

(1) The site is reasonably safe from flooding as required by the provisions of this chapter; and

(2) The proposed development will not adversely affect the carrying capacity of areas where BFEs have been determined, but a floodway has not been designated. For purposes of this chapter, "adversely affect" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than one-tenth of one foot at any point within the City of Simi Valley.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

Before a permit is issued, the applicant shall pay to the Floodplain Administrator the fees authorized by this section.

A schedule of fees shall be adopted by resolution of the City Council. Such fees will reimburse the City for costs incurred in responding in writing to requests about the flood hazard status of properties, the processing, investigation, renewal and modification of flood area development permits and for performing other work in the administration of this chapter.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

The flood area development permit shall be issued by the Floodplain Administrator within a reasonable time after all information requested on the application form for floodplain development and any additional information requested by the Floodplain Administrator has been received.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

The flood area development permit shall include, but not be limited to, a complete description of the activity for which it is issued, the property for which it is issued, the date of issuance, the date of expiration, and a description of any and all conditions upon which the permit has been issued. The permit shall be kept at the site during the development for which the permit was issued.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

(a) The Floodplain Administrator may at the time of issuance of the flood area development permit impose such conditions as are necessary to ensure compliance with this chapter, other City ordinances, or State or Federal laws, including the dedication of easements or construction of improvements pursuant to Section 7-5.506. Such conditions shall be reasonably related to the public needs created by the development. Conditions to mitigate environmental impacts of the activity may also be imposed by the Floodplain Administrator.

(b) The Floodplain Administrator may also require that the owner of the property, the permit applicant, or both, enter into a written agreement with the City holding the City of Simi Valley free from liability for any harm that may occur to any real or personal property or person by flooding.

(c) Any condition imposed shall be embodied, together with the reasons therefore, in the flood area development permit.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

(a) The Floodplain Administrator may impose, as a condition for the granting of a permit, the requirement of dedication or irrevocable offer of dedication of real property within the property for which the approval is sought, for drainage, floodplain or floodway easements. Such dedication requirement must be reasonably related to the public needs arising as a result of the development.

(b) The Floodplain Administrator may impose, as a condition for the granting of a permit, the requirement for the construction of drainage and flood control facilities. Such construction requirement must be reasonably related to the public needs arising as a result of the development.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

(a) In SFHAs, the Floodplain Administrator shall require a letter of conditional approval (conditional letter of map revision, CLOMR) be obtained from FEMA for any development that will cause measurable impact on the BFE on upstream or adjacent properties within a SFHA. The CLOMR must be received by the Floodplain Administrator prior to any grading or development within the floodplain, and the letter of map revision must be approved by FEMA before start of construction.

(b) All new development within Zones AE or AH that will alter or relocate a floodway, or is dependent upon construction of a levee, shall obtain conditional approval (or a "CLOMR") from the Federal Emergency Management Agency prior to issuance of a flood area development permit.

(c) All new development within Zone A shall provide a BFE data to the Floodplain Administrator.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

(a) A flood area development permit shall be effective on the date of issuance and shall remain in force for one year, unless suspended or revoked by the Floodplain Administrator or voluntarily relinquished by the permittee.

(b) Before the expiration of a permit, a permittee may apply for an extension of time in which to complete the development.

(c) The Floodplain Administrator may extend the time for action by the permittee for a period not exceeding 180 days upon payment of appropriate fees and a written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken.

(d) Permits shall not be extended more than once, except that the Floodplain Administrator may approve additional extensions of 180 days when the applicant demonstrates that special unusual circumstances exist not due solely to the fault of the applicant. In this case, the Floodplain Administrator may require that additional fees be paid and plans be revised to partially or fully comply with this chapter.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

A flood area development permit shall not be transferred or assigned from one person to another unless approved by the Floodplain Administrator and the person to whom the permit is to be transferred agrees to comply with the requirements of the original permit and to any conditions imposed therein.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

Any proposed changes in the development authorized by the permit shall be submitted to the Floodplain Administrator for review. The permittee shall not undertake or allow development to occur which does not conform to the plans or conditions of the original permit, unless approved by the Floodplain Administrator. The Floodplain Administrator shall review any proposed changes in the same manner and pursuant to the same standards as the original application.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

The Floodplain Administrator, or his designee, has the right to enter and inspect any property for which a flood area development permit has been applied to perform any duties or responsibilities imposed by this chapter to determine applicability or compliance with this chapter. The Floodplain Administrator may also inspect any and all property for which a permit has been issued and on which development is occurring.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

Any flood area development permit issued pursuant to this chapter may be suspended during its term upon one or more of the following grounds:

(a) The physical state of the property differs from the descriptions, plans, or information furnished to the Floodplain Administrator in the permit application;

(b) The development does not conform to the conditions or terms of the permit; or

(c) The development is in violation of this chapter, other City ordinances, or State or Federal laws.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

(a) The Floodplain Administrator may suspend or revoke a flood area development permit by issuing a notice of suspension or revocation, stating the reasons therefore, and serving same upon the permittee. If such an appeal is filed, the suspension or revocation shall remain in force and be effective until a final decision on the appeal is issued by the Board of Appeals.

(b) If the Floodplain Administrator suspends a permit, such permit may either be reinstated or revoked by the Floodplain Administrator, depending upon whether the permittee corrects the grounds stated for the suspension in the notice. If the permittee fails to remedy the grounds for suspension within a time period specified by the Floodplain Administrator, but in no event later than sixty (60) calendar days, the Floodplain Administrator shall revoke the permit.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)

If any levees, dikes, dams or reservoirs are privately owned, an operation or maintenance plan shall be required of the owner to be on file with the Administrator.

(§ 1 (Exh. A), Ord. No. 1268, eff. April 20, 2017)