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Res 08-085 RESOLUTION NO 08-085 A 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 REDUCTIONS, AND RESCINDING RESOLUTION NO 08-073 WHEREAS, the City Council of the City of Poway provides permit services to the citizens of Poway; and WHEREAS, the City Council has established certain fees for the cost of providing these services, 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, 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, 2007, the City Council approved Resolution No 07-082 approving certain permit fee waivers for properties affected by the Witch Creek fire, and WHEREAS, on August 19, 2008, the City Council approved Resolution No 08-073, which rescinded Resolution No 07-082, and approved an updated listing of permit fee waivers and reductions available to owners of property affected by the Witch Creek fire, and WHEREAS, the City Council finds that a modification to the fee waiver policy is now warranted, to add Building Division fees to the list of those fee reductions available to properties affected by the Witch Creek fire, 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 requirernents 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 Creel< Fire of October 2007, and there is no possibility this will have a significant effect on the environment. Resolution No 08-085 Page 2 Section 2, The City Council hereby amends the Master Fee Schedule as follows, as it applies to the owners of 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 Perrnit Fee for ternporary on-site trailers 2 Dernolition 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 sirnilarly- sized home in approximately the sarne location and comply with the Wildland Urban Interface Code, as determined by the Director of Development Services B The grading perrnit and grading plan check fees, variance application fee, stormwater pollution inspection and stormwater plan check fees, soils report review fee, soil cornpaction report review fee, fire plan check and fire inspection fees, fire sprinkler system plan check and fire sprinkler systern inspection fee, building permit plan check fee, building perrnit fee, and safety services plan check fee, 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 tirne of the Witch Creek Fire The waiver shall 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 tirne of the redesign. 1 Building Permit Plan Check 2. Building Permit 3 Safety Services Plan Check Resolution No 08-085 Page 3 Section 3, To be eligible for a waiver of the fees pursuant to this Resolution, the property owner, or the property owner's agent, rnust subrnit 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 08-073 is hereby rescinded PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway, State of California this 2nd day of December 2008 Mi~~ ATTEST , \ ~ ~A. royan, MMC, City Clerk Resolution No 08-085 Page 3 STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO) I, Linda A Troyan, MMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No 08-085 was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of December 2008, and that it was so adopted by the following vote, AYES BOYACK, EMERY, HIGGINSON, REXFORD, CAFAGNA NOES NONE ABSENT NONE DISQUALIFIED NONE " . Troyan, MMe, City Clerk Poway