6241 ORDINANCE NO. 6241
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING ORDINANCE NO. 6212 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 (the
"City Council ") adopted 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 the Fee Deferral Program, 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 the Fee Deferral Program 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 the Fee Deferral Program to ease such barrier by deferring the time
for payment and collection of Development Fees; and
WHEREAS, the Fee Deferral Program 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, to help stimulate and encourage the construction of new residential
and non - residential developments within the City, the City Council, on June 7, 2011, adopted
Ordinance No. 6212, which temporarily suspended 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; and
WHEREAS, Ordinance No. 6212, as adopted by the City Council, applies to
completed applications for the deferral of Development Fees received and approved on or before
June 7, 2012; and
WHEREAS, by this ordinance, the City Council desires to extend Ordinance No.
6212 to apply to completed applications for the deferral of Development Fees received and
approved on or before June 6, 2014.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That Section 1 of Ordinance No. 6212 be, and the same is hereby, amended to
read 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 6, 2014."
SECTION 2.
Except as expressly amended by the provisions of this ordinance, Ordinance No.
6212 shall remain in full force and effect.
SECTION 3. SEVERABILITY
The City Council 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
-2-
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 4. 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
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 April , 2012, and
thereafter passed and adopted at a regular meeting of said City Council held on the 8th day of
May , 2012, by the following roll call vote:
AYES: Mayor Tait, Council Members Sidhu, Galloway, Eastman and Murray
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF AN.. EIM
By:
M • OR OF THE C TY OF ANAHEIM
ATTEST:
.� (I_•A_
CITY CLERK OF THE CITY OF A 4 AHEIM
89020.v1 /MGordon
- 3 -
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
May 17, 2012
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: May 17, 2012
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
.t.. - .l s, -..p w...x__ ._..
fiRpINANCE No. 62'"
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING ORDI-
NANCE NO. W2 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 (the
O�ty Council"j adopted Ordinance No. 6155 adding new Chapter 17.38 to Title 17 of the
Anaaheim Municipal Code relating to the deferral of certain impact fees; and
WHEREAS, Chapter 17.38 provides tha=t application
and approval
h o Sectio
the payment of. certain enumerated fees ("Daveas
17.38:020 of the Anaheim Municipal Code may be delayed so: Died payment is required and
Devabpmant 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 the Fee Deferral Program, 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 con-
struction; and
WHEREAS, the purpose of the Fee Deferral Program is to stimulate and encour-
age the construction of new residential and non-residential devebpments within
the tythe City,
Crticulady of Ana-
im that will creat jobs and provide ment that will result in ecwiomic s£�muf 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 resrdenfiaf and,non-residential development creates a barrier to
such development, and adopted the Fee Deferral Program to ease such barrier by defer-
ring the time for payment and collection of Development Fees; and
WHEREAS, the Fee Deferral Program has that at the time of submittal of an
application for the deferral of fees, tha�p pticant shall provide oer1ain secuiily for the Pay
ment 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 inter-
est, 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 Deferrat Program; and
WHEREAS, the City of Anaheim relies on new residential and non-residential devel-
opment intare City to stimulate the local economy and provide direct and irntirect benefits
to the City and Rs 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, to help stimulate and encourage the construction of new residential
and non-residential develo rents wlthinthe City, the City Council, on June 7, 2011, adopt-
ed Ordinance No. 6212, wh temporarily suspended the requirements set forth in subsec-
tion .030 of Section 17.38. anal gaction 17.38.060 of Chapter 17.38 of the Anaheim Mu-
nicipal Code, relating to security and Interest, respectively; and
WHEREAS, Ordinance No. 6212; as adopted by the City Council, applies to com-
pfeted applications for the deferral of Development Fees received: and approved on or be-
fore June 7, 2012; and
y
6212 to appy ioEcompletthis ed applications fw theadefenel of il Deveelopme t eesOrdinance
�eceianved aNnd
approved on or before June 6, 2014.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN As FOLLOWS:
SECTION 1:
That Section t of Ordinance No. 6212 be, and the same is hereby, amended to
read as follows:
"SECTION 1.
Notwithstanding any provision of Chapter 17.58 to the contrary, the requirement
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 ap-
proved on or before June 6,2014."
SECTION 2
Except as expressly amended by the provisions of this ordinance, Ordinance No.
6212 shall remain in full force, and effect.
SECTION 3. SEVERABILITY
The City Council hereby declares that should any section, paragraph, sentence or word of
this mance 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 inde-
pendent of the elimination here from of any such portion as may be declared invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shat{ in arry manner affect the prosaicuticm for violations of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any li-
cense oor or the penal provisions applific,.a ole to arry violation thereof. The provisions
of the insnce, Insofar as they ere su ally the same as ordinance provisions previ-
ously adopted by. the City rel"ng t0 the Same subject matter, snail be construed as
restatements and continuations, and not as now enactments.
THE FOREGOING ORDINANCE w introduced at a regular meeting of the City
Council of the City of Anaheim held on the ll day of Aoril 2012, and thereafter passed
and adopted at a r' ular meeting of said City Council held on the 8th day of May, 2012, by
the following roll c all vote:
AYES: Mayor Taft, Council Members Sidhu, Galloway, Eastman and Murray
NOES: Notre
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
By: /s/ Tom Tad
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
/a/ Linda N. Andal
CITY CLERK OF THE CITY OF ANAHEIM