PA ID# 059-65084; City of San Clemente
DSR ID# 96163, 99430, 99431; San Clemente Municipal Golf Course
Citation: FEMA-0979-DR-CA; City of San Clemente - DSRs 96163, 99430, 99431
Cross Reference: Eligible facility, natural features, public versus private property, emergency versus permanent repair
Summary: The City of San Clemente is requesting funding for stabilization of an undeveloped hillside at the San Clemente Municipal Golf Course, within which a landslide occurred during the 1993 winter storms. The slide occurred within both publicly and privately owned portions of the hillside. No damage to improved public or private property was reported, however, the applicant asserts that the condition of the hillside posed a threat to the private residence located at the top of the slope. DSR 96163 was originally obligated as Category G to fund the permanent restoration of the hillside in the amount of $201,834. In response to the applicant's March 1995 request for additional funding for the actual costs of the completed repair ($310,520), the Regional Director determined that the permanent stabilization of this hillside was not eligible for FEMA assistance, and that the eligible scope of work should be limited to appropriate emergency work efforts. Accordingly, DSR 99430 was prepared to deobligate funding from DSR 96163, and DSR 99431 was prepared as Category B, limiting the eligible scope to the portion of the completed work which was consistent with emergency measures ($140,165). The Regional Director upheld this determination in response to the applicant's first appeal. The applicant filed a second appeal asserting that the completed scope of work, as was originally reviewed and approved by FEMA, was necessary to reduce the threat to the private residence posed by the condition of the hillside.
Is the damaged hillside eligible for emergency or permanent work assistance?
Was the full scope of work necessary to reduce an identified threat?
Findings: As the hillside is a natural feature, only work consistent with emergency measures to reduce the identified threat are eligible for FEMA assistance. DSR 99431 adequately funded the portions of the completed scope of work which are considered consistent with the intent of emergency protective measures. The remaining portion of the completed work represents permanent restoration and/or improvements to the hillside which are not eligible as Category B work. The applicant's appeal is denied.
Rationale: Public Assistance for private property and undeveloped public property is limited to emergency work. Emergency work is limited to the effort necessary to eliminate or lessen an immediate threat. Stafford Act Section 403 and 406, 44 CFR