Res 07-082RESOLUTION NO. 07-082
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
DECLAR_ ING PROPERTY OWNERS AFFECTED BY THE WITCH CREEK FIRE
TORE ELIGIBLE FOR CERTAIN PERMIT FEE WAIVERS
AND RESCINDING RESOLUTION NO. 03-087
WHEREAS; the City of Povyay provides permit service to the citizens of Poway;
and
WHEREAS, the City Council has established certain fees for the cost of providing
this service; and
WHEREAS, on November 4, 2003 the `City Council adopted Resolution No.
03-087 waiving certain fees pertaining to the rebuilding of structures damaged or
destroyed in the Cedar Fire of October 26, 2003 and October 27, 2003; and
WHEREAS, the City proclaimed a local emergency due to the outbreak of the
Witch Creek Fire on Monday October 22, 2007 and the City Council ratified said action
on Thursday, October25, 2007; and
WHEREAS, as of Wednesday, October 31, 2007, 90 residences had been
destroyed, 5 residences had been damaged and 11 accessory structures damaged or
destroyed; and
WHEREAS, the expeditious demolition of damaged structures and the facilitation
of the rebuilding and upgrading ofthe structures, including making the structures more
fire-resistant, is in the best interest of the citizens of Poway; and
WHEREAS, the provision of fee waivers for legally built structures in those cases
where the insurance company will .not pay the full amount of the permit fee will provide
critical relief and help expedite the permitting process; and
WHEREAS, the City Council finds that a modification to the various fee
schedules is warranted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1: The City Council finds that the approval of this Resolution is exempt from
the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15061(b)(3) because it entails the waiver or deferral of permit
processing fees for property owners and residents wishing to rebuild after the Witch
Creek Fire of October 2007, and there is no possibility this will have a significant effect
on the environment.
Section 2: The City Council hereby amends the Development Services and Safety
Services Fee Schedules as follows for the owners of the property at the time the
property was damaged during the Witch Creek Fire of October 2007:
Resolution No. 07-082
Page 2
A. The fiollowing fees are hereby waived for all properties affected by the Witch
Creek Fire:
1. Temporary Use Permit Fee for temporary on-site trailers
2. Demolition Permit fee
3. Minor Development Review Permit Fee
4. Reestablishing services (such as a temporary power pole)
B. The following fees shall- be waived only in instances where the property owner
can provide valid evidence that the insurance company will not cover the fees.
To be eligible, the applicant. must provide proof of ownership of the property at
the time of the Witch Creek".Fire. The'waiver shall apply to only one set of plans.
Any major redesign of the. projectwill bei subject to the fees in effect at the time
ofsubmittal.
1. Building Permit. Plan Check
2. Building Permit
3. Safety Services Plan Check
4. The payment of plan check fees not waived pursuant to this Resolution
may be deferred upon request until the time of building permit issuance.
This deferral process will remain in effect until February 1, 2008, unless
an applicant can provide proof that the insurance company has not yet
provided a settlement.
Section 3; To be eligible for a waiver of the fees pursuant to this Resolution, the
property owner, or the property owner's agent must submit a complete Building Permit
application to the Development Services Department no later than 5:00 p.m. November
6, 2009.
Section 4: Resolution No. 03-087 is hereby rescinded.
Section 5: The provisions of this Resolution shall also apply to those affected by the
2003 Cedar Fire.
Resolution No, 07-082
Page 3
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 6th day of November 2007.
ATTEST:
L. Di a Shea, City Clerk
STATE OF CALIFORNIA )
ss
COUNTY OF SAN DIEGO )
I, L. Diane Shea, City Clerk of the City of Poway, do hereby certify under penalty
of perjury that the foregoing Resolution No. 07-082 was duly adopted by the City
Council of a meeting of said City Council on the 6th day of November 2007, and that it
was so adopted by the following vote:
AYES: BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
~~
L. Di a Shea, City Clerk
City of Poway