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RES-2009-043RESOLUTION NO. 2009- 0 4 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM WAIVING BUILDING PLAN CHECK AND BUILDING PERMIT FEES, DEMOLITION PERMIT FEES, GRADING PLAN CHECK AND PERMIT FEES, SEWER CONNECTION FEES AND OTHER PERMIT RELATED FEES, INCLUDING INSPECTION FEES, APPLICABLE TO THE REPAIR OR RECONSTRUCTION OF STRUCTURES DAMAGED AS A RESLLT OF THE FREEWAY COMPLEX FIRE. WHEREAS, the Freeway Complex Fire swept through the City of Anaheim "City on November 15, 2008, through November 17, 2008; and WHEREAS. the City Council has issued a proclamation of the existence of a local emergency pursuant to California Government Code Section 8630 and Anaheim Municipal Code Section 6.04.060 as a result of the Freeway Complex Fire; and WHEREAS. as a result of the Freeway Complex Fire, a number of residential structures have been completely destroyed or partially damaged; and WHEREAS, it is important to clean up properties as soon as possible to minimize airborne debris, safety hazards and unsightly conditions; and WHEREAS, it is in the best interests of the City to facilitate the prompt repair and construction of structures damaged or destroyed as a result of the Freeway Complex Fire in order to bring the same into compliance with all applicable building and fire codes as soon as possible. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Plan Check and Building Permit fees otherwise applicable to the repair and/or reconstruction of residential structures damaged as a result of the Freeway Complex Fire are hereby temporarily waived for completed applications received on or before March 10, 2011. A. The fee waiver shall apply only to "in- kind" (i.e., the same square footage plus up to 499 sq. ft., height, number of stories, fence materials, etc.) repair and reconstruction of residential structures. and shall not apply to any portion of a rebuilt residential structure that is greater than 499 sq. ft of the original square footage at the time the residential structure was destroyed. B. Only property owners of damaged or destroyed residential structures as of the date of the Freeway Complex Fire are eligible for this fee waiver, and this waiver cannot be applied to a vacant parcel of any other non -fire damaged parcel. C. A new buyer of a fire damaged parcel is not eligible to receive this waiver of fees. For purposes of this Resolution, "new buyer" shall mean any buyer whose escrow closed after the Freeway Complex Fire on November 15 -17, 2008. E. All new construction undertaken in the repair or replacement of residential structures shall comply with all applicable planning, zoning, building, and fire code requirements. F. For purposes of this Resolution, "residential structures" shall mean main residential building, attached garage, detached garage, accessory buildings, irrigation systems, pool. pool equipment, fences, walls, patio covers, and decks. G. Plan check and building permit fees will only be waived once per lot. H. Permit, Inspection and Connection fees for Anaheim Public Utilities service are not subject to this action. SECTION 2. Neither this Resolution nor anything contained herein shall be construed as amending or modifying any existing fee resolution of the City of Anaheim. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 31 stday of March 2009, by the following roll call vote: AYES: NOES: ABSENT: NONE ABSTAIN: NONE ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 72089.v3 /MGordon Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NONE CITY OF ANAH By: MAYOR OF THE CITY F A AHEIM