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6212ORDINANCE NO. 6212 AN ORDINANCE OF THE CITY OF ANAHEIM TEMPORARILY WAIVING CERTAIN PROVISIONS OF CHAPTER 17.38 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DEFERRAL OF CERTAIN IMPACT FEES. WHEREAS, on September 1, 2009, the City Council of the City of Anaheim adopted its Ordinance No. 6155 adding new Chapter 17.38 to Title 17 of the Anaheim Municipal Code relating to the deferral of certain impact fees; and WHEREAS, Chapter 17.38 provides that upon application and approval of security the payment of certain enumerated fees ( "Development Fees ") as set forth in Section 17.38.020 of the Anaheim Municipal Code may be delayed so that payment is required and Development Fees are collected prior to final inspection or issuance of a temporary or final certificate of occupancy, whichever occurs earlier (the "Fee Deferral Program "); and WHEREAS, prior to the adoption of Chapter 17.38, Development Fees were generally required to be paid by developers either prior to the approval of the final map pertaining to such development or at the time of issuance of building permits for construction; and WHEREAS, the purpose of Chapter 17.38 is to stimulate and encourage the construction of new residential and non - residential developments within the City, particularly such development that will result in long -term commitments to the City of Anaheim that will create jobs and provide economic stimuli for the benefit of all of the City's residents; and WHEREAS, the City Council has heretofore determined that the early payment of Development Fees for residential and non - residential development creates a barrier to such development, and adopted Chapter 17.38 to ease such barrier by deferring the time for payment and collection of Development Fees; and WHEREAS, Chapter 17.38 requires that at the time of submittal of an application for the deferral of fees, the applicant shall provide certain security for the payment of the Development Fees to be deferred, and further requires that certain interest be charged on all amounts deferred; and WHEREAS, due to added costs related to obtaining security and payment of interest, owners and developers of residential and non - residential development projects have not applied for the deferral of Development Fees, which has limited the effectiveness of the Fee Deferral Program; and WHEREAS, the City of Anaheim relies on new residential and non - residential development in the City to stimulate the local economy and provide direct and indirect benefits to the City and its residents and businesses by creating construction jobs, new market -rate and affordable housing units, revitalization of older, outdated commercial and industrial sites, and by creating new tax bases and revenues to the community; and WHEREAS, it is therefore in the public interest and to the public benefit for the City Council to temporarily waive the requirements set forth in subsection .030 of Section 17.38.030 and Section 17.38.060 of Chapter 17.38 of the Anaheim Municipal Code, relating to security and interest, respectively, in order to stimulate and encourage the construction of new residential and non - residential developments within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 Notwithstanding any provision of Chapter 17.38 to the contrary, the requirements set forth in subsection .030 of Section 17.38.030 and Section 17.38.060 of Chapter 17.38 of the Anaheim Municipal Code, relating to security and interest, are hereby temporarily waived for completed applications for the deferral of Development Fees received and approved on or before June 7, 2012. SECTION 2 Except as provided in Section 1, above, the provisions and requirements of Chapter 17.38 relating to the deferral of certain impact fees shall remain in full force and effect. SECTION 3 The provisions of this ordinance shall not apply to completed applications for the deferral of Development Fees received and approved prior to the effective date of this ordinance. SECTION 4 . SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. SECTION 5 . SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted -2- by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 17th day of May , 2011, and thereafter passed and adopted at a regular meeting of said City Council held on the 7th day of Junes , 2011, by the following roll call vote: AYES: Mayor Tait, Council Members Sidhu, Eastman, Galloway and Murray NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM By: MANOR OF THE CITV OF ANAHEIM ATTEST - , 4-A,ZD CITY LERK OF THE CITY OF NAHEIM 82853.v1 /MGordon -3-