Hidden Hills Road (Landscaping)

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1203-DR
ApplicantCity of Yorba Linda
Appeal TypeSecond
PA ID#059-86832
PW ID#91475, 95105
Date Signed2002-09-19T04:00:00
Citation: FEMA 1203-DR-CA, City of Yorba Linda, DSRs 91475 and 95106

Cross-reference: Landscaping; Erosion Control, Codes and Standards

Summary: The Applicant is requesting reinstatement of $34,003 for the costs of landscaping. On July 30, 2001, the acting Regional Director denied the Applicant’s request for funding of erosion control measures at the Hidden Hills Road project because she determined that the measures were an improvement to the pre-disaster conditions at he site. In the second appeal, the Applicant submitted a copy of the City Municipal Code as it relates to landscaping to support its claim. Section 15.40.100 B.1 of the Code reads, “…plant material should be installed so as to protect slopes from soil erosion and slippage, and to minimize the visual effects of grading, erosion and construction on hillside areas.”

Issues: Was the planting/landscaping at the Hidden Hills Road site required by code?

Findings: Yes.

Rationale: 44 CFR 206.226

Appeal Letter

September 19, 2002

Mr. D.A. Christian
Governor’s Authorized Representative
Governor’s Office of Emergency Services
P.O. Box 419023
Rancho Cordova, CA 95741-9023

Re: Second Appeal: City of Yorba Linda, PA ID # 059-86832, Hidden Hills Road (Landscaping), FEMA 1203-DR-CA, Damage Survey Reports (DSRs) 91475 and 95106; OES log number 80739.2

Dear Mr. Christian:

This is in response to your letter dated November 7, 2001, which transmitted the referenced appeal on behalf of the City of Yorba Linda (Applicant). The Applicant is requesting reinstatement of $34,003 for the costs of landscaping at the Hidden Hills Road site.

Following DR-1203, the Federal Emergency Management Agency (FEMA) approved several DSRs for the repair of a section of Hidden Hills Road, which included the restoration of a failed slope. During the closeout of the large project FEMA disallowed costs for landscaping as an erosion control measure because it was an improvement to the pre-disaster condition at the site. The Acting Regional Director sustained this determination on first appeal.

In its second appeal, the Applicant submitted a copy of the City Municipal Code as it relates to landscaping. Section 15.40.100 B.1 of the Code states that, “…plant material should be installed so as to protect slopes from soil erosion and slippage, and to minimize the visual effects of grading, erosion and construction on hillside areas.” Based on our review of the City Municipal Code, we have determined that the erosion control measures performed at the Hidden Hills Road site were in accordance with city code. Therefore, I am approving the appeal. By copy of this letter, I am requesting that the Acting Regional Director take appropriate action to implement this decision.

Please inform the Applicant of my decision. My determination is the final decision on this matter in accordance with 44 CFR 206.206.

Sincerely,
/S/
John R. D’Araujo, Jr.
Assistant Director
Response and Recovery Directorate

cc: Karen E. Armes
Acting Regional Director
FEMA Region IX
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