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Res 11-007RESOLUTION NO. 11 -007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DECLARING PROPERTY OWNERS AFFECTED BY THE WITCH CREEK FIRE TO BE ELIGIBLE FOR CERTAIN PERMIT FEE WAIVERS WHEREAS, the City of Poway provides permit service to the citizens of Poway; FTiTI 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 this 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by the Witch Creek fire: and WHEREAS, on August 19, 2008, the City Council approved Resolution No.08 -073, which rescinded Resolution No. 07 -082, and approved an updated listing of permit fee waivers and reductions available to owners of property affected by the Witch Creek fire: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available to properties; and WHEREAS, on October 6, 2009, the City Council approved Resolution No. 09 -063, which rescinded Resolution 08 -085, and approved a one -year extension of the City's Fee Waiver Policy for the waiver of certain permit fees for property owners affected by the Witch Creek Fire; and WHEREAS, on May 4, 2010, the City Council approved Resolution No. 10 -017 which increased fees for certain City services; however, included a provision that fee waivers and reductions for property owners affected by the Witch Creek Fire would continue in full force and effect in accordance with Resolution No. 09 -063; and Resolution No. 11 -007 Page 2 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, Resolution No. 09 -063 expired on November 6, 2010; and WHEREAS, 28 of the 90 fire impacted property owners have not submitted plans to rebuild: and 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 onsite trailers. 2. Demolition Permit fee. 3. Minor Development Review Application fee. 4. Re- establishing 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, and Building Plan Check and Building Permit fees associated with rebuilding that were in effect on October 22, 2007, shall apply to all properties affected by the Witch Creek Fire. Resolution No. 11 -007 Page 3 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. 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, 2011. Section 4: The provisions of this Resolution are retroactively extended back to also include applications submitted after the November 8, 2010, expiration date of Resolution 09 -063. 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 22nd day of February 2011. Don Higginson, MaycTr ATTEST: LJ-a royan, MMC, City Clerk Resolution No. 11 -007 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. 11 -007, was duly adopted by the City Council at a meeting of said City Council held on the 22nd day of February 2011, and that it was so adopted by the following vote: AYES: BOYACK, GROSH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE nd A. Troyan, MMC, City Clerk City of Poway