Res 08-073
RESOLUTION NO 08-073
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
DECLARING PROPERTY OWNERS AFFECTED BY THE WITCH CREEK FIRE
TO BE ELIGIBLE FOR CERTAIN PERMIT FEE WAIVERS
AND RESCINDING RESOLUTION NO 07-082
WHEREAS, the City of Poway 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, 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, October 25, 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 of the structures, including making the structures more
fire-resistant, is in the best interest of the citizens of Poway; and
WHEREAS, on November 6, 2008 the City Council approved Resolution No
07-082 approving certain permit fee waivers for properties affected by the Witch Creek
fire, 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 cost to reconstruct a
similarly sized house will provide critical relief and help expedite the permitting process;
and
WHEREAS, the City Council finds that a modification to the fee waiver policy 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 of permit processing fees
for property owners 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.
Resolution No 08-073
Page 2
Section 2. The City Council hereby amends the Master Fee Schedule as follows for
the owners of the property at the time the property was damaged during the Witch
Creek Fire of October 2007
A The following 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)
5 Grading permit and plan check fee when the grading is required to rebuild
a similarly-sized home in approximately the same location and comply
with the Wildland Urban Interface Code, as determined by the Director of
Development Services.
6 Variance fee when the Variance is required to rebuild a similarly-sized
home in approximately the same location and comply with the Wildland
Urban Interface Code, as determined by the Director of Development
Services
B The grading permit and grading plan check fees, variance application fee,
stormwater pollution inspection and stormwater plan check fees, soils report
review fee, soil compaction report review fee, fire plan check and fire inspection
fees, and fire sprinkler system plan check and fire sprinkler system inspection
fees associated with rebuilding that were in effect on October 22, 2007, shall
apply to all properties affected by the Witch Creek Fire
C The following fees shall be waived only in instances where the property owner
can provide valid evidence to the satisfaction of the Director of Development
Services that the insurance company will not cover the costs of rebuilding the
same sized house that was lost. To be eligible, the applicant must provide proof
of ownership of the property at the time of the Witch Creek Fire The waivershall
apply to only one set of plans. Any major redesign of the project that triggers a
new plan check will be subject to the fees in effect at the time of the redesign
1 Building Permit Plan Check
2. Building Permit
3 Safety Services Plan Check
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. on
November 6, 2009
Section 4 Resolution No 07-082 is hereby rescinded
Resolution No 08-073
Page 3
Section 5 The provisions of this Resolution shall also apply to those affected by the
2003 Cedar Fire.
PASSED, ADOPTED and APPROVED by the City Council of the City of Poway,
State of California, this 19th day of August 2008
ATTEST
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Salam Hasenin, City Clerk
Resolution No 08-073
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Salam Hasenin, City Clerk of the City of Poway, do hereby certify, under
penalty of perjury, that the foregoing Resolution No 08~073 was duly adopted by the
City Council at a meeting of said City Council held on the 19th day of August 2008 and
that it was so adopted by the following vote
AYES EMERY, HIGGINSON, CAFAGNA
NOES REXFORD
ABSENT BOYACK
DISQUALIFIED' NONE
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Salam Hasenin, City Clerk
City of Poway