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HomeMy WebLinkAboutR 5341 RESOLUTION NO. 5341 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE WAIVING OR REIMBURSING UP TO $5,000 FOR CERTAIN BUILDING PERMIT FEES (DEMOLITION, BUILDING PERMIT, AND INSPECTION FEES) RELATED TO REPAIR OR RECONSTRUCTION OF HOMES DAMAGED BY FLOODING IN 2023 DECLARED LOCAL EMERGENCIES AND FINDING THE ACTION EXEMPT FROM CEQA WHEREAS, on January 8, 2023, the President of the United States declared that an emergency exists in the State of California relating to severe winter storms, flooding, landslides, and mudslides; and WHEREAS, the Presidential Declaration makes residents in impacted counties who had damage or losses from the storms eligible to apply for federal disaster assistance; and WHEREAS, on January 9, 2023, the County Administrative Officer of San Luis Obispo issued a Proclamation of Local Emergency relating to severe winter storms and a series of atmospheric river systems that struck San Luis Obispo County, bringing high winds, substantial precipitation, and river, stream and urban flooding; and WHEREAS, on January 17, 2023, San Luis Obispo County was added as an affected county, meaning San Luis Obispo County residents who had damage or losses from the storms may apply for Federal Emergency Management Agency(FEMA) disaster assistance; and WHEREAS, on January 24, 2023, the City Council adopted a resolution confirming the emergency services director's proclamation of existence of a local emergency in Arroyo Grande and waiving demolition permit and inspection fees for flooded residents, and on March 14, 2023, the City Council adopted a resolution declaring a second, continued local emergency related to the winter 2023 storm events; and WHEREAS, conditions of disaster or extreme peril to the safety of persons and/or property had arisen within the City of Arroyo Grande as a result of severe storm weather conditions for which the City Council declared local emergencies in 2023, including flooding and high winds, which damaged public and private structures and facilities including multiple homes and residences within the City limits that experienced significant flooding, and related local emergency impacts throughout the City; and WHEREAS, at the City Council meeting on December 12, 2023, the Council considered the public benefits associated with waiving a portion of the associated building permit fees (demolition, building permit, and inspection fees) resulting from the 2023 declared local emergencies for homes within the City of Arroyo Grande that were "red- RESOLUTION NO. 5341 PAGE 2 tagged" or "yellow-tagged" as a result of the winter 2023 storm events as defined by the City's declared local emergencies; and WHEREAS, the City Council found that there existed a public benefit to waiving or reimbursing up to $5,000 for certain building permit fees related to repair or reconstruction of homes damaged by flooding in 2023 declared local emergencies for a specific set of impacted residential homes; and WHEREAS, on January 9, 2024, the City Council considered the staff report and recommendations by staff, concerning the proposed fee waiver. Following the consideration on the consent agenda, the City Council adopted the prepared Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande finds, determines, resolves, and recommends: 1. Recitals. All recitals above are true and correct and hereby incorporated by reference. 2. Waiver of Building Permit Fees Public Purpose Finding. Waiver of a portion of the building permit fees associated with the reconstruction of flood damaged homes within the City of Arroyo Grande that were "red-tagged" or "yellow-tagged" during the winter 2023 storm events, as defined by the City's declared local emergencies, provides a community benefit by restoring blighted neighborhoods and reducing barriers to reconstruction or repair of storm-damaged homes. Authorizing reductions in fee waivers helps facilitate individuals to return to homes from which they were displaced during flooding events. Additionally, costs of home repair may be so significant that the monetary barrier can act as a disincentive from conducting such repair. Natural disasters like flooding represent an unexpected and unplanned expense that can significantly constrain homeowners' ability to pay for these repairs. Thus, waiver or reimbursement of building permit fees serves substantial public purposes, and the benefits of the program to private individuals are incidental to the public benefit. 3. Fee Waiver. The City of Arroyo Grande shall waive or reimburse up to $5,000 of certain building permit fees (demolition, building permit, and inspection fees) related to the repair or reconstruction of homes damaged by flooding during the 2023 declared local emergencies. 4. Limitations. Eligible City residents must meet the following criteria that shall apply to any fee waiver or reimbursement pursuant to this resolution: A. Limiting the fee waiver to a maximum not-to-exceed amount of $5,000 of the total amount of the associated demolition, building permit, and inspection fees for the impacted properties. B. The home must have been "red-tagged" or "yellow-tagged" during the 2023 storm events and City's declared local emergencies related to those weather events. C. The time to seek a reimbursement or fee waiver reduction should be limited to 90 days or less (from the adoption of the attached RESOLUTION NO. 5341 PAGE 3 resolution), unless the applicant provides evidence within the 90-day period that it is beyond their reasonable control to apply for the fee waiver within the time limit. The applicant must apply for the underlying permits for which they sought a fee waiver within 1-year of adoption of the attached resolution. If approved by the City Council, written notice will be provided to the eligible City property owners described within item "B" above, within one day following adoption of the resolution. D. The applicant must provide proof of ownership of the home and proof that the home is their primary residence. Proof of homeownership shall require a stamped grant deed filed with the county recorder. Acceptable proof of primary residency will include: an active voter registration, a valid driver's license, or other government-issued documentation with both the property owner's name and the property address damaged or destroyed by the winter 2023 storms. E. All those listed as grantee on the deed must sign an acknowledgement that the City of Arroyo Grande makes no representations regarding how the property owner's acceptance of the fee waiver may impact insurance payments or potential recovery through federal disaster relief programs. Additionally, property owners receiving a fee waiver or reimbursement must waive all potential claims by themselves or any third party against the City of Arroyo Grande based on insurance payments or federal disaster relief program payments to the same address. F. The applicant must provide evidence to the satisfaction of the Community Development Director that other sources of recovery dollars (FEMA, Homeowners insurance), when taken together, are insufficient to cover the cost of repair, reconstruction, and permitting, or alternatively, that such other sources refuse to cover the cost of repair, reconstruction, and permitting. G. The fee waiver shall not be transferrable to any other property owner. If a waiver is obtained, a Certificate of Occupancy will only be issued to the property owner who files the proof of primary residency at the time of the winter 2023 storm events. All fees that were waived must be paid to the City before a Certificate of Occupancy is issued to an owner other than the one listed on the fee waiver. H. The City Manager may impose any additional conditions or modify the listed conditions as necessary or proper to effecting and administering the fee waiver. 5. CEQA. Pursuant to State California Environmental Quality Act (CEQA) Guidelines, the fee waiver/reimbursement is not a project subject to the California Environmental Quality Act ("CEQA") because it has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. The reconstruction of a flood damaged single-family residence is a ministerial project and therefore is also not subject to CEQA. Alternatively, the fee waiver or reimbursement is exempt from CEQA on the RESOLUTION NO. 5341 PAGE 4 basis that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. (State CEQA Guidelines, § 15061, subd. (b)(3).) 6. Severability. If any section, division, sentence, clause, phrase or portion of this resolution or the document in the record in support of this resolution is determined by a court of competent jurisdiction to be invalid, unenforceable, unconstitutional or otherwise void, that determination shall not affect the validity of the remaining sections, divisions, sentences, clauses, phrases of this Resolution. 7. Effective Date. This Resolution shall take effect upon its date of adoption. On motion by Council Member Bameich, seconded by Council Member George, and by the following roll call vote, to wit: AYES: Council Members Barneich, George, Secrest, Guthrie, and Mayor Ray Russom NOES: None ABSENT: None. the foregoing Resolution was adopted this 9t day of January, 2024. RESOLUTION NO. 53'41 PAGE 5 a I CAR RA RU SOM, MAYOR ATTEST: (D. e 77771(1-- JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: MATTHEW DOWNING, C ANAGER APPROVED AS TO FORM: IS R�� N, ATTORNEY RESOLUTION NO. 5341 PAGE 6 EXHIBIT A CONDITIONS OF APPROVAL BUILDING PERMIT FEE WAIVERS OR REIMBURSEMENTS CERTAIN RESIDENCES DAMAGED DURING 2023 WINTER STORMS COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this resolution. 2. Eligible City residents shall have ninety(90)days or less from the date this Resolution is adopted to request in writing a fee waiver addressed to the Director of Community Development unless the applicant provides evidence within the 90-day period that it is beyond their reasonable control to apply for the fee waiver within the time limit, and the applicant must apply for the underlying permits within one year of adoption of this Resolution for which they sought a fee waiver or reimbursement. 3. To the extent permitted by law, Applicant shall defend, indemnify and hold harmless the City of Arroyo Grande, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval authorized by the City, including (without limitation) reimbursing the City its actual attorney's fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The Applicant shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City related to this permit or approval. Although the Applicant is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the Applicant of any obligation under this condition. Building permit fee waivers authorized by this Resolution shall only apply to residences that were red- or yellow-tagged during the 2023 winter storm events as defined by the City's declared local emergencies. 4. The amount of the waiver shall not exceed five-thousand dollars ($5,000) in total. 5. The applicant shall provide proof of ownership of the home and proof that the home is their primary residence. Proof of homeownership shall require a stamped grant deed filed with the county recorder. Acceptable proof of residency will include: an active voter registration, a valid driver's license, or other government-issued documentation with both the property owner's name and the property owner's address damaged or destroyed by the 2023 storms. 6. The applicant and all individuals listed as grantee on the deed shall sign an acknowledgement that the City of Arroyo Grande makes no representations regarding how the property owner's acceptance of the fee waiver may impact insurance payments or potential recovery through federal disaster relief programs. Additionally, property owners receiving a fee waiver or reimbursement must waive all potential RESOLUTION NO. 5341 PAGE 7 claims by themselves or any third party against the City of Arroyo Grande based on insurance payments or federal disaster relief program payments to the same address. 7. The applicant must provide evidence to the satisfaction of the Community Development Director that other sources of recovery dollars (FEMA, homeowners insurance), when taken together, are insufficient to cover the cost of repair, reconstruction, and permitting, or alternatively, that such other sources refuse to cover the cost of repair, reconstruction and permitting. 8. The fee waiver shall not be transferable to any other property owner. If a waiver is obtained, a Certificate of Occupancy will only be issued to the property owner who files the proof of primary residency at the time of the 2023 January and March flood events. All fees that were waived must be paid to the City before a Certificate of Occupancy is issued to an owner other than the one listed on the fee waiver. 9. The Resolution shall authorize the City Manager to impose any additional conditions or modify the listed conditions as necessary or proper to effecting and administering the fee waiver. OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 5341 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 9th day of January, 2024. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of January, 2024. JESSICA MATSON, CITY CLERK