The purpose of this Chapter is to set forth the process and procedures for issuance of residential building permits under the City's adopted Managed-Growth Plan (Measure N) consistent with the Policies and Goals of the General Plan.

(§ 4 (Exh. A), Ord. No. 1209, eff. April 18, 2013)

The following classes of projects are exempt from the provisions of the Residential Building Permit Allocation System:

A.

Class 1 Exemption. The following projects shall not subtract from available allocation grants under the provisions of Section 2 of Measure N and Section 9-36.030 and are immediately eligible and able to be awarded residential building permits.

1.

Rehabilitation or remodeling of an existing dwelling, or conversion of apartments to condominiums in compliance with Government Code Section 66427.1 and Simi Valley Municipal Code Section 9-24.070, so long as no additional dwelling units are created.

2.

Construction of an Accessory Dwelling Unit or Junior Accessory Dwelling Unit in compliance with Government Code Section 65852.2(a)(1)(C), and Simi Valley Municipal Code Section 9-44.160.

3.

Replacement of existing single-family or multiple-family structures on a one-for-one basis on the same site.

B.

Class 2 Exemption. Residential development of one residence on a lot that is not part of an approved but unbuilt Planned Development or Cluster Development Permit is immediately eligible to be awarded an allocation grant. This Class 2 exemption shall apply only to two such projects per developer, or his or her agent, per calendar year, provided such developments are not on adjacent sites. When allocation grants from Class 2 exemptions are awarded, their number shall be subtracted from the available grants before grants are awarded to any residential projects in the allocation system.

(§ 4 (Exh. A), Ord. No. 1209, eff. April 18, 2013; § 2(Exh. A), Ord. No. 1315, effective October 19, 2020 and § 2(Exh. A), Ord. No. 1316, effective December 3, 2020)

Allocation grants shall be awarded as follows:

A.

Availability. At the beginning of each calendar year, 292 allocation grants shall enter the Residential Building Permit Allocation System. Allocation grants not awarded from the prior year shall be added to the following year.

B.

Allocation grant issuance. Upon final approval of a Planned Development or Cluster Development Permit, all residential projects shall be automatically placed into the allocation system. Allocation grants will be awarded on a first-come, first-served basis. A list of projects remaining within the allocation system shall be maintained, in order of placement.

C.

Maximum number of allocation grants per project. Projects that have been placed into the allocation system may receive up to one-half of the available grants during that calendar year. If a project requires more allocation grants, the project will maintain its place in the allocation system and will be eligible to receive up to one-half of the available grants for each subsequent calendar year until all allocation grants required for the project have been issued.

D.

Allocation grant expiration. All allocation grants are valid for four years. The four-year period will commence when a project, or phase of a project, receives its last grant. If a developer fails to establish vested rights within four years, the allocation grants shall be returned to the allocation system for distribution. If the project's Planned Development or Cluster Development Permit has not expired, the project will be placed at the end of the list of projects awaiting allocation grants.

E.

Expired Planned Development or Cluster Development Permit. When a residential project's Planned Development or Cluster Development Permit has expired, the grants for that project shall automatically be returned to the allocation system for distribution.

F.

Nontransferability. All allocation grants shall be project specific and nontransferable.

G.

Mobile Homes. Mobile home parks shall receive grants in the same manner as all other nonexempt projects.

H.

Model Homes. Model home complexes consisting of a maximum of four dwelling units per project may be awarded building permits for construction if there are existing, previously approved, certified building pads. The allocation grants for the model homes shall be counted from the first allocation grant that the project receives. No model home shall be occupied as a residence until it has been awarded its allocation grant.

(§ 4 (Exh. A), Ord. No. 1209, eff. April 18, 2013)

Except as expressly provided herein, no residential building or grading permit of nonexempt projects may be issued unless an allocation grant for such a project has been obtained. This requirement shall be incorporated into residential project approvals as follows:

A.

Condition of Development Permits. All approvals for residential development subject to this Chapter, including Planned Development Permits, Cluster Development Permits, and Modification Permits, shall be subject to a condition providing that no grading permit, building permit, or other City approval that permits any type of physical dirt movement, construction, or development, with the exception of model home complexes as provided in Section 9-36.030(H), shall be issued for the land within the permit area unless and until an allocation grant is awarded and building permits are authorized.

B.

Condition of Subdivision Maps. All Tentative Maps and Vesting Tentative Maps for subdivision of land to construct residential dwelling units shall be subject to a condition that provides that final maps may be approved, and final maps may be recorded, prior to the awarding of an allocation grant, provided that no grading permit, building permit, or other City approval that permits physical dirt movement, construction, or development will be issued for the land within the subdivision unless and until an allocation grant is awarded and building permits are authorized.

(§ 4 (Exh. A), Ord. No. 1209, eff. April 18, 2013)