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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