CC 2023-12-23_12.c. Waiving or Reimbursing Permit Fees_2024 FloodingItem 12.c.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Associate Planner
SUBJECT: Discussion to Consider Waiving or Reimbursing Certain Building
Permit Fees Related to Repair or Reconstruction of Homes Damaged
by Flooding in 2023 Declared Local Emergencies
DATE: December 12, 2023
SUMMARY OF ACTION:
The purpose of this discussion is for the City Council to consider authorizing the
Community Development Director to grant targeted fee reductions or related
reimbursements for specific building fees, related to the repair or reconstruction of homes
damaged by flooding in 2023 during the City’s declared local emergencies, and to make
findings articulating the public purpose associated with that action . If Council concurs
with staff’s recommendation, a resolution effectuating that intent would come back on
consent at a future meeting.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Staff time and resources for review of the discussion item are funded from the General
Fund. This item is brought to Council based on a request for a waiver of building permit
fees from homeowners on 262 Tally Ho Road. Fees associated with staff’s review of the
subject building permit application at 262 Tally Ho Road, and inspection of that specific
building during construction, total $13,551.24. Depending on the direction from City
Council, fee waivers associated with other flood-damaged residences would also be
funded from the General Fund. Initially, staff estimates that there is the potential for 1 -2
additional residences that could need significant reconstruction resulting from the January
2023 storm event. The potential building permit fees for reconstruction of these homes
would be approximately $14,000 depending on square footage and design. The City
contracts with a building plan-check and inspection firm. The fees for these services are
offset by individuals who apply for building permits and pay the associated fees.
RECOMMENDATION:
1) Authorize the City Manager to take all actions necessary to approve waivers for 50%
of the total amount of demolition, building permit, and inspection fees, for homes that were
red or yellow tagged and thus damaged due to flooding occurring in 2023 during the City’s
Page 269 of 301
Item 12.c.
City Council
Discussion to Consider Waiving or Reimbursing Certain Building Permit Fees
Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023
Declared Local Emergencies
December 12, 2023
Page 2
locally declared emergencies; 2) Find the public purpose contained within this Staff
Report supports the contemplated waivers; and 3) Determine that the discussion item is
not a project subject to the California Environmental Quality Act (“CEQA”) because it has
not potential to result in either a direct, or reasonably foreseeable indirect physical change
in the environment. (State CEQA Guidelines, §§ 15060, subd. (b)(2)-(3), 15378.)
BACKGROUND:
On January 4, Governor Newsom issued a Proclamation of a State of Emergency relating
to severe winter storms and a series of atmospheric river systems that struck California
beginning December 27, 2022, bringing high winds, substantial precipitation, and river,
stream, and urban flooding. Storm events starting in December, 2022 resulted in two City
Council-ratified local emergencies in winter and spring 2023.
On January 8, 2023, the President of the United State declared that an emergency exist ed
in the State of California relating to severe winter storms, flooding, landslides, and
mudslides. The Presidential Emergency Declaration makes residents in impacted
counties who had damage or losses from the storms eligible to apply for federal disaster
assistance. 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 became eligible to apply for Federal Emergency Management Agency (FEMA)
disaster assistance.
On January 9, 2023, the County Administrative Officer of San Luis Obispo issued a
Proclamation of Local Emergency relating to severe winter storms.
In the City of Arroyo Grande, due to the recent flooding events, seven (7) properties were
“red-tagged,” meaning that the City’s Building Official deemed the residences as unsafe
to occupy due to flooding and/or structural damage to the homes. Additionally, one (1)
property was “yellow-tagged” meaning that the City’s Building Official identified damage
but did not deem it unsafe to occupy. A few weeks following the storm event on January
24, 2023, the City Council passed Resolution 5259 (Attachment 4), which proclaimed and
confirmed the existence of a local emergency, as issued by the Emergency Services
Director/City Manager on January 18, 2023, and waived demolition permit and inspection
fees for residents that experienced flooding resulting from the emergency. A demolition
permit fee is $377.12, and this fee was waived for those Tally Ho properties that pulled
demolition permits. On March 14, 2023, the City adopted a resolution declaring a
continued local emergency related to the January 2023 storm events.
On January 23, 2023, the City received and approved an application to demolish one (1)
of the damaged homes at 262 Tally Ho Road. On August 4, 2023, the City received an
application to reconstruct a single-family home of the approximate same size as the one
that was demolished. The property owner requested a fee waiver on October 10, 2023
via e-mail, attached to this item. City staff let the applicant know that fees would need to
Page 270 of 301
Item 12.c.
City Council
Discussion to Consider Waiving or Reimbursing Certain Building Permit Fees
Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023
Declared Local Emergencies
December 12, 2023
Page 3
be paid upfront to issue the permit, but that staff would consider bringing the fee waiver
request to the City Council for direction and that at that time, there was no indication that
the City Council would support such a fee waiver. Subsequently, the discussion evolved
after hearing from community stakeholders and after further research on other local
communities’ response to fee waiver requests, and staff determined that a discussion at
the City Council was warranted.
ANALYSIS OF ISSUES:
Fee Waiver Request
In an e-mail to the City Manager on October 10, 2023, Jen Kaplan requested that the City
consider a reduction in their building permit fees due to financial hardship as a result of
the January 2023 storm event (Attachment 1). The Kaplan residence had to be
demolished due to flood damage, and they had to move out of their home. 1-2 other
residences suffered significant damage that could have similar rebuilt costs associated
with the storm event. The Kaplans noted that the rebuild will take 12-18 months, during
which time they remain responsible for related costs. The homeowners submitted a
building permit application for the reconstruction and paid all building permit fees. The
City’s permit fees include plan review and inspection , and based on the square footage
of the structure totaled $13,551.24. On November 16, 2023, the property owners paid
fees totaling $13,551.24 for the review of the building plans and ins pections associated
with reconstruction of the flood damaged home.
City Ordinances regarding Fee Waivers
After evaluating all available options, staff determined that they are unable to reduce or
waive the fees for the Kaplan building permit, as the Arroyo Grande Municipal Code does
not specifically authorize any City staff to grant a n administrative fee waiver for building
permits (Attachment 2 – Staff Response to Request). Staff also investigated whether a
portion of the City’s FEMA funding could be used to offset building permit fees, but federal
regulations prohibit the City from using that funding for projects located on private
property.
Staff determined that the City Council has the authority to grant fee waivers for building
permits. As stated above, the City Council previously approved Resolution 5259 to waive
demolition permit and inspection fees for residents and businesses who experienced
flooding resulting from the January 9th storm event. The City Council has the authority to
similarly waive the fees for other building permit fees by resolution.
In terms of potential City costs associated with waiving building permit fees, staff found
that there is at least 1-2 additional residences (268 and 300 Tally Ho) with significant flood
damage that could potentially require a complete rebuild similar to 262 Tally Ho (Kaplan
residence). The total permit cost for each residence would likely be in the range of the
Kaplan’s permit cost of $13,551.24. Several other homes on Tally Ho sustained more
Page 271 of 301
Item 12.c.
City Council
Discussion to Consider Waiving or Reimbursing Certain Building Permit Fees
Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023
Declared Local Emergencies
December 12, 2023
Page 4
minor flood damage and obtained demolition permits to remove drywall and insulation.
These demolition permit fees were waived by the City in accordance with Resolution
5259.
Other Local Jurisdiction Fee Waivers
There has been a mix of responses in the approach other local jurisdictions have taken
when evaluating fee waiver requests for reconstruction permits related to the 2023
flooding/storm events. On August 22, 2023, the City of Morro Bay approved a resolution
temporarily reducing building and planning permit fees by fifty percent for properties
damaged by the 2023 winter storms (Attachment 3). That 50% reduction is what City
staff used in crafting its own recommendation for this item. Morro Bay’s fee reduction
was approved to run through the end of 2023 and be available to those who could
demonstrate that other sources of recovery dollars such as FEMA and homeowners’
insurance were insufficient to cover costs of repair and permitting. The San Luis Obispo
County Department of Planning and Building staff used an established administrative fee
waiver process to waive permit fees up to $5,000 each for property owners that reported
damage through FEMA. Several other cities (Paso Robles and San Luis Obispo) had
areas of flood damage to residential property but did not approve waivers or reductions
to building permit fees.
Findings Regarding Building Permit Fee Waiver in Arroyo Grande
Waiver or reimbursement of building permit fees for those homes damaged by the 2023
storms and associated flooding must be supported by a public purpose. Staff identifies
two public purposes supported by this fee waiver: (1) maintain housing availability and
stock in times of emergency, and (2) restore blighted neighborhoods by reducing barriers
to reconstruction or repair of storm-damaged homes. California currently suffers from
housing shortages and flooding of homes reduces available housing stock. Authorizing
reductions in fee waivers helps facilitate individuals to return to homes from which they
were displaced during flooding events, thereby returning rentals to the market.
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.
The City must also support its decision to waive or reimburse fees for homeowners who
cannot occupy their homes due to the 2023 storms rather than those who have not been
as drastically impacted. Similar to the public purpose findin gs above, those who were
required to leave their homes due to flooding have sudden unexpected costs and may
Page 272 of 301
Item 12.c.
City Council
Discussion to Consider Waiving or Reimbursing Certain Building Permit Fees
Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023
Declared Local Emergencies
December 12, 2023
Page 5
experience housing insecurity which justifies treating them differently than those not
impacted by the 2023 storms.
Constraints and Requirements of Fee Waiver Reduction or Reimbursement
Staff recommends a variety of constraints on the ability to seek a fee waiver reduction or
reimbursement for building permit fees that could be incorporated into a formal resolution
the City Council could approve on consent at a subsequent meeting. These include:
A. Limiting the fee waiver to 50% 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 storms
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 a resolution), unless the applicant provides
evidence beyond their reasonable control to apply within the time limit. Notice will
be provided to eligible households.
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 2023 storms.
E. All those listed 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 pr operty 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/March
flood events. All fees that were waived must be paid to the City befo re a Certificate
of Occupancy is issued to an owner other than the one listed on the fee waiver.
H. 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.
Page 273 of 301
Item 12.c.
City Council
Discussion to Consider Waiving or Reimbursing Certain Building Permit Fees
Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023
Declared Local Emergencies
December 12, 2023
Page 6
ALTERNATIVES:
1. Adopt the findings contained in the staff report for a 50% waiver for demolition,
building permit, and inspection fees for homes “red-tagged” or “yellow-tagged” due
to 2023 flooding during the City’s local declared emergencies, including staff’s
recommendation on the underlying public purpose and CEQA, and authorize the
City Manager to take all incidental actions necessary to achieve the objectives
discussed herein; or
2. Provide other direction to staff.
ADVANTAGES:
Waiver of the fees associated with this action could assist a group of similarly situated
homeowners with reconstruction costs resulting from extreme weather events; thereby
allowing this neighborhood to continue to improve in its orderly development; however,
the City will fail to recoup its whole set of adopted, applicable fees as described below.
DISADVANTAGES:
Waiving the fees associated with this action will result in the City providing building
services without full cost recovery. Additionally, there are precedent-setting issues
related to future emergencies that will have widespread private property damage such as
slope failures and earthquakes, as well as more minor private property damages such as
structural damage due to high wind events. Depending on future emergencies, these
could significantly impact the City’s General Fund budget. However, the targeted and
focused list of findings and constraints on page 5 and 6 of this staff report are intended to
limit any type of fee waiver to a specific time frame that includes and ending date and
criteria that correlate to a scope and event.
Not allowing a fee waiver or reduction would require property owners to fully fund building
permits associated with reconstruction of residences damaged by the 2023 storm events.
ENVIRONMENTAL REVIEW:
This discussion item 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 discussion item is exempt from CEQA on the 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).)
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Page 274 of 301
Item 12.c.
City Council
Discussion to Consider Waiving or Reimbursing Certain Building Permit Fees
Related to Repair or Reconstruction of Homes Damaged by Flooding in 2023
Declared Local Emergencies
December 12, 2023
Page 7
ATTACHMENTS:
1. Fee waiver request from Jen Kaplan (e-mail)
2. Staff Response to Request (e-mail)
3. City of Morro Bay Resolution 54-23
4. City of Arroyo Grande Resolution 5259
5. Aerial photo of the subject property
Page 275 of 301
From: Jen Kaplan <>
Sent: Tuesday, October 10, 2023 10:35 AM
To: Bill Robeson <brobeson@arroyogrande.org>
Subject: Tally Ho Permit
Dear Bill,
I am wri ng to ask the City of Arroyo Grande to please consider a reduc on in our permit fees
due to the financial hardship we are experiencing as vic ms of the January flooding. I am a
resident of Tally Ho and have been affected by the creek overflowing and destroying my
house/property two mes in the past 10 years The first me we repaired our home and
u lized mi ga on factors which we thought would be sufficient to avoid another flood,
however a er the destruc ve storms of this past winter, the creek overflowed twice - in
January and March which completely destroyed our home. We cannot repair our home this
me, we have had to demolish it and will need to rebuild it.
We have been displaced since January and we are not expected to have our home rebuilt for
12-18 more months. We have 3 school aged children, and this has been trauma zing and
completely disrup ve to our lives as you can imagine. We lost our home, furniture, and
personal belongings. We currently have a major gap in funding for our rebuild due to a low
insurance payout, and what we have been approved for through a construc on loan My
husband and I are both Cal Poly graduates and work full- me. We are s ll having a hard me
making ends meet.
The past 10 months have been devasta ng to our finances, family life and mental health We
are not remodeling our home out of choice; we are forced to rebuild due to the devasta ng
situa on that occurred. We are paying for our rental and are s ll responsible for our
mortgage. We need assistance. The City of Morro Bay is reducing permit fees for their
residents that were affected If the City of Arroyo Grande received any emergency funding
from the state or federal government, would you consider using that to cover or reduce our
permit fees.
I appreciate this considera on and am hopeful for support in any way. I am happy to also
come in and meet with you if you prefer
Jennifer Kaplan
On Aug. 22, the Morro Bay City Council voted to reduce those fees for building and planning
permits by 50 percent for proper es damaged by the 2023 winter storms.
h ps://www.new messlo.com/news/morro-bay-reduces-permit-fees-for-property-owners-
impacted-by-floods-14266745
ATTACHMENT 1
Page 276 of 301
From:Bill Robeson
To:j
Cc:Brian Pedrotti; Andrew Perez; Patrick Holub
Subject:Permit fee waiver/reduction request
Date:Thursday, November 2, 2023 12:31:38 PM
Attachments:emaillogo 190eb98f-3dbf-4ac8-a0d6-5f778ed0ba4d1111111111111111111111111111111111111.png
Hi Jen and Jon,
Thank you for your request to waive Building Permit Fees on the reconstruction of your flood-
damaged home. We are sympathetic to the challenges this has caused your family.
However, after evaluating all available options, staff determined that we cannot reduce or waive the
fees for your building permit (BLD23-000515). The City’s Municipal Code does not authorize any City
staff to grant a fee waiver or fee reduction for building permits. Staff also investigated whether a
portion of the City’s FEMA funding can be used to offset your permit fees, but federal regulations
prohibit the City from using that funding for projects located on private property. Building Permit
fees are not revenue generating, they are used to cover the cost of building plan checks and building
inspections along with other associated staff time.
Only the City Council can grant fee waivers for building permits. The use of public funds to subsidize
a private construction project compromises the City’s responsibility in managing our public
budget/General Fund.
With this information, there has been no indication that the Council would support waiving or
reducing fees for the replacement of a private single-family home that was damaged during the past
January 2023 storm events. As staff, will make sure that we streamline the permitting process of re-
building your home and help in any way possible. As you know from the recent status email from
Patrick Holub from our office, plan check corrections were sent to your architect on 10/16. As soon
as the corrections are returned to us, we will make sure to review the corrections from your
architect that day or the next, and if adequate, we will issue the permit.
If you and your building team would like to meet our staff and Building Inspector just before you
break ground or any time that would be helpful, we can coordinate a meeting time.
Lastly, we confirmed with the LMUSD that no “School Fees” will be assessed on your reconstruction
permit.
Thank you.
Bill Robeson
Interim City Manager
City Hall, City of Arroyo Grande
Tel: 805-473-5408 |www.arroyogrande.org
300 E. Branch Street | Arroyo Grande | CA | 93420
City Hall Business Hours: M-Th 8:00 am - 5:00 pm; Fridays 8:00 am - 12:00 pm
The information contained in this email pertains to City business and is intended solely for the use of the
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ATTACHMENT 2
Page 277 of 301
may be subject to the California Public Records Act, and therefore may be subject to disclosure unless
otherwise exempt by law.
Page 278 of 301
RESOLUTION NO. 54-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA TEMPORARILY REDUCING BUILDING AND PLANNING PERMIT FEES BY FIFTY PERCENT FOR PROPERTIES DAMAGED BY THE 2023 WINTER STORMS
THE CITY COUNCIL City of Morro Bay, California
WHEREAS, the City of Morro Bay experienced significant rain events in January
and March of 2023 resulting in Morro Creek and Little Morro Creek overtopping their
banks and flooding adjacent nearby properties. Several properties were damaged as are
result of the flooding resulting in a need for significant repair work; and
WHEREAS, some property owners are still in the process of repairing their
properties and others will be embarking upon that process soon; and
WHEREAS, the City Council desires to assist in facilitating the needed repair work
by reducing the City Planning and Building permit fees by fifty percent for repair work
associated with the January/March 2023 flooding events. Such fee reduction furthers the
general public benefit and welfare as the 2023 winter storms posed unprecedented and
unexpected damage impacts upon community members that may not have been
otherwise positioned or prepared for processing permits needed to rebuild or repair their
properties; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay as
follows:
Section 1: Findings. Based upon all the evidence, the Council makes the following
findings:
California Environmental Quality Act (CEQA)
A.Adoption of this resolution does not qualify as a project subject to CEQA because
it constitutes (1) continuing administrative or maintenance activities, such as
general policy and procedure making; (2) government fiscal activities that do not
involve any commitment to any specific project that may result in a potentially
significant physical impact on the environment; and (3) organizational or
administrative activities of a public agency that will not result in direct or indirect
physical changes in the environment. (State CEQA Guidelines, §§ 15060(c)(3).)
Moreover, the approval of the Resolution does not qualify as a “project” because
it does not have a potential to result in either a direct, or reasonably foreseeable
indirect, physical change in the environment. (State CEQA Guidelines, §
15378(a).)
Section 2: Action. The City Council does hereby reduce the Planning and Building
permit fees by up to fifty percent for properties damaged as a result of flooding
experienced during the January/March 2023 flooding events subject to the following
requirements:
2023-08-22 CC Meeting Page 150 of 211
ATTACHMENT 3
Page 279 of 301
2
1. Up to fifty percent of the City Planning and Building permit fees may be waived,
but in no case can the fee reduction, when combined with insurance and/or FEMA
reimbursement exceed the cost of construction.
2. Fee waiver request must be received no later than December 31, 2023.
3. All fees associated with post-approval revisions to the project's Planning
Department approval or building permit issuance will be charged in accordance
with the City's Adopted Fee Schedule.
4. Fee waivers are not transferable. 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/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.
5. Property owners are eligible for a fee waiver if the property that was destroyed or
damaged by the January and/or March flood events was their primary residence
at that time. All applicants requesting a fee waiver must submit proof of ownership
and primary residency and provide photo identification and documentation of
primary residency that will be reviewed by City staff. Accepted proof for primary
residency includes: an active voter registration, a valid driver license, or other
government-issued documentation with both the property owner name and the
property address that was damaged or destroyed by the January/March 2023
flood events.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on this 22nd day of August 2023 on the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
CARLA WIXOM, Mayor
ATTEST
DANA SWANSON, City Clerk
2023-08-22 CC Meeting Page 151 of 211
Page 280 of 301
RESOLUTION NO. 5259
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE 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
WHEREAS, California Government Code section 8630 and Section 8.12.060 (a) of the
Arroyo Grande Municipal Code empower the Emergency Services Director/City
Manager to proclaim a local emergency if the City Council is not in session; and
WHEREAS, California Government Code section 8630 requires that the City Council
shall take action to ratify the proclamation within seven days thereafter; and
WHEREAS, pursuant to the provisions of Government Code section 8558(b), on
January 4, 2023, the Governor of the State of California issued a Proclamation of a
State of Emergency ("Governor's Proclamation") relating to severe winter storms and a
series of atmospheric river systems that struck California, bringing high winds,
substantial precipitation, and river, stream and urban flooding; and
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 now apply for Federal Emergency Management Agency (FEMA) disaster
assistance; and
WHEREAS, conditions of disaster or extreme peril to the safety of persons and/or
property have arisen within the City of Arroyo Grande as a result of severe storm
weather conditions, including flooding and high winds, causing damage to 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, as defined by California Government Code section 8558(c)
ATTACHMENT 4
Page 281 of 301
RESOLUTION NO. 5259
PAGE 2
beginning on or about December 27, 2022, and escalating in a manner warranting the
proclamation of a local emergency, commencing on or about 8:00 a.m. on the 4th day of
January, 2023, at which time the City Council of Arroyo Grande was not in session; and
WHEREAS, on January 18, 2023, the City Manager acting as the Emergency Services
Director did properly proclaim the existence of a local emergency within the City
commencing on or about 8:00 am on January 4, 2023, due to the storm events that
began on December 27, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo
Grande, that:
1. The proclamation of existence of a local emergency, as issued by the
Emergency Services Director/City Manager on January 18th, 2023, is
hereby ratified and confirmed.
2. Demolition permit and inspection fees will be waived for residents and
businesses who have experienced flooding resulting from this emergency.
BE IT FURTHER RESOLVED that the conditions constituting a local emergency
emerged on or about December 27, 2022, and continued and escalated in a manner
warranting a local emergency proclamation as of January 4, 2023, and shall be deemed
to continue to exist until its termination is proclaimed by the City Council of the City of
Arroyo Grande.
On motion of Council Member Barneich, seconded by Council Member George, and on I
following roll call vote, to wit:
AYES: Council Members Barneich, George, Guthrie, Secrest, and Mayor Ray Russom
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 24th day of January, 2023.
Page 282 of 301
RESOLUTION NO. 5D51
PAGE 3
CAREN RAY RU
611 ,
MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
PIAt A
WHITNEY M 4.ONALD, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY,. CARMEL, ATTORNEY
Page 283 of 301
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. 5259 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 24th day of January, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of
January, 2023.
SSICA MATSON, CITY CLERK
Page 284 of 301
Subject Property - 262 Tally HoATTACHMENT 5Page 285 of 301