§ 7-5.402. Duties and responsibilities of the Floodplain Administrator.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following:

(a)

Permit review. Review all development permits to determine:

(1)

Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures;

(2)

The site is reasonably safe from flooding and that the flood area development permit requirements of this chapter have been fully satisfied;

(3)

All other required State and Federal permits have been obtained;

(4)

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations (BFEs) have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and future conditions of development will not increase the water surface elevation of the base flood by one-tenth of one foot or more at any point within the City of Simi Valley; and

(5)

All letters of map revision (LOMRs) for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

(6)

Inspect all development projects to ensure compliance with all provisions of this chapter, including proper elevation of structures.

(i)

The first inspection shall be conducted when the site is staked out or otherwise marked.

(ii)

The second inspection shall be conducted when the lowest floor is built and completed.

(iii)

The third inspection shall be conducted when the development is finished.

(iv)

Elevation certificates shall be required prior to all inspections.

(b)

Development of substantial improvement and substantial damage procedures.

(1)

Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining "Market Value."

(2)

Assure procedures are coordinated with other departments/divisions and implemented by community staff.

(c)

Review, use and development of other base flood data.

(1)

When BFE data has not been provided in accordance with Section 7-5.302, the Floodplain Administrator shall obtain, review, and reasonably utilize any BFE and floodway data available from a Federal or State agency, or other source, in order to administer Article 6, or;

(2)

A BFE shall be obtained using one of two methods from the FEMA publication, FEMA 265, "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining and Developing Base (100-year) Flood Elevations" dated July 1995.

(d)

Notification of other agencies. Notification of other agencies shall be made as follows:

(1)

Alteration or relocation of a watercourse:

(i)

Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;

(ii)

Submit evidence of such notification to the Federal Emergency Management Agency; and

(iii)

Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained.

(2)

BFE changes due to physical alterations:

(i)

Within six (6) months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR).

(ii)

All LOMRs for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on conditional letters of map revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

(3)

Changes in corporate boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.

(e)

Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:

(1)

Certification required by Section 7-5.603(d)(2) and Section 7-5.605(a)(3) (lowest floor elevations);

(2)

Certification required by Section 7-5.603(d)(3) (elevation or floodproofing of non-residential structures);

(3)

Certification required by Sections 7-5.603(d)(5) (flood openings);

(4)

Certification of elevation required by Section 7-5.605(a)(3) (subdivisions and other proposed development standards);

(5)

Certification required by Section 7-5.609(a) (floodway encroachments); and

(6)

Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency.

(f)

Map determination. Make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 7-5.803(b).

(g)

Remedial action. Take action to remedy violations of this chapter as specified in Section 7-5.303.

(h)

Agreements. Execute and record non-conversion and hold harmless agreements.

(i)

Biennial report. Complete and submit biennial report to FEMA to provide information on the community floodplain management program and changes in its flood hazard areas, which assists FEMA to evaluate the effectiveness of a community's floodplain management activities.

(j)

Planning. Assure that the General Plan is consistent with floodplain management objectives herein.

(k)

Non-conversion of enclosed areas below the lowest floor. To ensure that the areas below the BFE shall be used solely for parking vehicles, limited storage, or access to the building and not be finished for use as human habitation without first becoming fully compliant with the this chapter in effect at the time of conversion, the Floodplain Administrator shall:

(1)

Determine which applicants for new construction and/or substantial improvements have fully enclosed areas below the lowest floor that are five (5) feet or higher.

(2)

Enter into a "Non-Conversion Agreement For Construction Within Flood Hazard Areas" or equivalent with the City of Simi Valley. The agreement shall be recorded with the Ventura County Recorder as a deed restriction. The non-conversion agreement shall be in a form acceptable to the Floodplain Administrator and City Attorney and have the authority to inspect any area of a structure below the BFE to ensure compliance upon prior notice of at least seventy-two (72) hours.

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