Res 09-063
RESOLUTION NO. 09-063
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. 08-085
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 had been
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, 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08-073, which rescinded Resolution No. 07-082, and approved an updated listing of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, on December 2, 2008 the City Council approved Resolution No.
08-085 that modified the fee waiver policy to add the Building Division fee increases that
were approved on December 2, 2008 to the list of those fee reductions available to
properties; 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 Resolution No. 08-085 is due to expire on November 6, 2009;
and
WHEREAS, only 35 of the 90 property owners have submitted plans to rebuild;
and
Resolution No. 09-063
Page 2
WHEREAS, the City Council finds that a one-year extension of 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 there is no possibility this event will have a
significant effect on the environment.
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 Grading 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 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 time of the redesign.
Resolution No. 09-063
Page 3
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 8,2010.
Section 4: Resolution No. 08-085 is hereby rescinded.
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 6th day of October 2009.
, Councilmember
ATTEST:
royan, MMC, City Clerk
Resolution No. 09-063
Page 4
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, City Clerk of the City of Poway, do hereby certify, under the
penalty of perjury, that the foregoing Resolution No. P-09-063, was duly adopted by the
City Council at a meeting of said City Council held on the 6th day of October 2009, and
that it was so adopted by the following vote:
AYES: BOYACK, CUNNINGHAM, REXFORD
NOES: NONE
ABSENT: HIGGINSON, KRUSE
DISQUALIFIED: NONE
-
- ...J