6300ORDINANCE NO. 6300
AN ORDINANCE OF THE CITY OF ANAHEIM
AMENDING CHAPTER 17.38 OF TITLE 17 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO THE
DEFERRAL OF CERTAIN IMPACT FEES.
WHEREAS, pursuant to the City's police power, as granted broadly under Article XI,
Section 7 of the California Constitution, the City Council of the City of Anaheim ("City
Council") has the authority to enact and enforce ordinances and regulations for the public peace,
morals and welfare of the City and its residents; and
WHEREAS, by the adoption of Ordinance No. 6155 on September 1, 2009, the City
Council established a permanent fee deferral program to stimulate and encourage the
construction of new residential and non-residential developments within the City, which program
allowed for the deferral of the time for payment and collection of certain development fees
authorized under the Anaheim Municipal Code upon the request of an applicant and under
certain circumstances (the "Fee Deferral Program"); and
WHEREAS, prior to the adoption of the Fee Deferral Program, development fees were
generally required to be paid by applicants for new residential and non-residential developments
either prior to the approval of the final map pertaining to the development or at the time of
issuance of building permits for construction. The Fee Deferral Program allowed for deferral of
the time for payment and collection of such fees until prior to final inspection or issuance of a
temporary or permanent certificate of occupancy, whichever occurs earlier; and
WHEREAS, by the adoption of Ordinance No. 6241 on May 8, 2012, the City Council
established a temporary waiver of the requirements contained in the Fee Deferral Program for (a)
the provision of certain security for the payment of those development fees that were deferred,
and (b) the payment of interest on all amounts deferred until the time of payment and collection
by the City. Said waiver applied to completed applications requesting the deferral of
development fees received and approved on or before June 6, 2014; and
WHEREAS, the security and interest waiver established by Ordinance No. 6241 has
stimulated and encouraged the construction of new residential and non-residential developments
within the City during the past two years since adoption of said ordinance by reducing
development costs for applicants; and
WHEREAS, the City Council finds that it is in the public interest and for the public
benefit for the City Council to stimulate and encourage new residential and non-residential
development projects in the City of Anaheim by permanently eliminating the security provision
of the Fee Deferral Program and limiting the interest charge provision to amounts deferred in
excess of $1,000,000; and
WHEREAS, in addition to permanently eliminating the security provision of the Fee
Deferral Program and limiting the interest charge provision to amounts deferred in excess of
$1,000,000, the City Council desires to make certain minor modifications to the Fee Deferral
Program to reflect changed conditions in the application thereof; and
WHEREAS, the City Council finds and determines that this ordinance is not subject to
the California Environmental Quality Act of 1970, as amended (Public Resources Code Section
21000 et seq.; herein referred to as "CEQA"), pursuant to Sections 15060(c)(2) and 15060(c)(3)
of the State of California Guidelines for Implementation of the California Environmental Quality
Act (California Code of Regulations, Title 14, Chapter 3; herein referred to as the "CEQA
Guidelines"), because it will not result in a direct or reasonably foreseeable indirect physical
change in the environment and is not a project as defined in Section 15378 of the CEQA
Guidelines; and
WHEREAS, the City Council determines that this ordinance is a matter of City-wide
importance and necessary for the preservation and protection of the public health, safety or
welfare of the community and is in accord with the public purposes and provisions of applicable
State and local laws and requirements.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 17.38 (Deferral of Certain Impact Fees) of Title 17 (Land Development and
Resources) of the Anaheim Municipal Code be, and the same is hereby, amended to read in full
as follows:
"CHAPTER 17.38 DEFERRAL OF CERTAIN
IMPACT FEES
Sections: 17.38.010 Purpose.
17.38.020 Applicable fee programs.
17.38.030 Application.
17.3 8.040 Deferral agreements.
17.38.050 Time of payment and release.
17.38.060 Interest.
17.38.070 Fees.
17.38.080 Recordation cost.
17.38.090 Decision.
17.38.010 PURPOSE.
The City Council of the City of Anaheim desires 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
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City of Anaheim that will create jobs and provide economic stimuli for the benefit
of all of the City's residents. The City Council finds that the early payment of
certain impact fees for residential and non-residential development creates a
barrier to such development and desires, by the adoption of this chapter, to ease
such barrier by deferring the time for payment and collection of such fees.
17.38.020 APPLICABLE FEE PROGRAMS.
.010 Notwithstanding any other provision of this Code, upon application and
approval of security pursuant to Section 17.38.030 of this chapter, the following
fees, applicable to new residential development, shall be paid and collected
pursuant to the provisions of this chapter:
.0101 Electrical Service Connection Fees required pursuant to Section
10. 16.420 of the Anaheim Municipal Code.
.0102 Electrical System Upgrade Fees required pursuant to Rule 15 of the
Rates, Rules and Regulations for the Sale and Distribution of Electricity as set
forth in Resolution No. 99R-142, as from time to time amended.
.0103 Water Service Connection Fees required pursuant to Section 10.16.420
of the Anaheim Municipal Code.
.0104 Water System Upgrade Fees required pursuant to Rule 15 of the Rates,
Rules and Regulations for the Sale and Distribution of Water as set forth in
Resolution No. 79R-643 as from time to time amended; provided, however, that
the deferral of fees authorized by this resolution shall not apply to the East Santa
Ana Canyon Area fee.
.0105 Sewer Connection Fees required pursuant to Section 10.12.070 of the
Anaheim Municipal Code.
.0106 Sewer Impact and Improvement Fees required pursuant to Sections
10.12.085, 10.12.090, and 10. 12.095 of the Anaheim Municipal Code.
.0107 Sewer Assessment Area Fees required pursuant to Section 17.08.430 of
the Anaheim Municipal Code.
.0108 Storm Drain Impact Fees required pursuant to Section 17.08.400 of the
Anaheim Municipal Code.
.0109 Storm Drain Impact and Improvement Fee for the South Central City
Area required pursuant to Section 10. 14.020 of the Anaheim Municipal Code.
.0110 Transportation Impact and Improvement Fees required pursuant to
Section 17.32.020 of the Anaheim Municipal Code.
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.0111 Park and Recreational Fees required pursuant to Chapter 17.08 or
Section 17.34.010 of the Anaheim Municipal Code.
.0112 Platinum Triangle Supplemental Traffic Impact Fees required pursuant
to Section 12.2.8 of the of the Standard Development Agreement for the Platinum
Triangle as adopted by City Council Resolution No. 2004-179 and as
implemented by specific ordinances approving development agreements in the
Platinum Triangle.
.0113 Platinum Triangle Supplemental Storm Drain Impact Fees required
pursuant to Section 12.2.7 of the Standard Development Agreement for the
Platinum Triangle as adopted by City Council Resolution No. 2004-179 and as
implemented by specific ordinances approving development agreements in the
Platinum Triangle.
.0114 Platinum Triangle Supplemental Sewer Impact Fees required pursuant to
Section 12.2.7 of the Standard Development Agreement for the Platinum Triangle
as adopted by City Council Resolution No. 2004-179 and as implemented by
specific ordinances approving development agreements in the Platinum Triangle.
.0115 Platinum Triangle Supplemental Arterial Highway Beautification Fees
required pursuant to Section 12.2.7 of the Standard Development Agreement for
the Platinum Triangle as adopted by City Council Resolution No. 2004-179 and
as implemented by specific ordinances approving development agreements in the
Platinum Triangle.
.0116 Platinum Triangle Supplemental General Plan and Environmental
Processing Fees required pursuant to Section 12.2.3 of the Standard Development
Agreement for the Platinum Triangle as adopted by City Council Resolution No.
2004-179 and as implemented by specific ordinances approving development
agreements in the Platinum Triangle.
.0117 Any other fee and charge for residential development not expressly
specified herein which may have been inadvertently omitted from this list but
which the department head of the City department responsible for the collection
and administration of such fee later determines should be deferred as provided in
this chapter.
.020 Notwithstanding any other provision of this Code, upon application and
approval of security pursuant to Section 17.38.030 of this chapter, the following
fees, applicable to new non-residential development, shall be paid and collected
pursuant to the provisions of this chapter:
.0201 Electrical Service Connection Fees required pursuant to Section
10. 16.420 of the Anaheim Municipal Code.
4
.0202 Electrical System Upgrade Fees required pursuant to Rule 15 of the
Rates, Rules and Regulations for the Sale and Distribution of Electricity as set
forth in Resolution No. 99R-142, as from time to time amended.
.0203 Water Service Connection Fees required pursuant to Section 10.16.420
of the Anaheim Municipal Code.
.0204 Water System Upgrade Fees required pursuant to Rule 15 of the Rates,
Rules and Regulations for the Sale and Distribution of Water as set forth in
Resolution No. 79R-643 as from time to time amended; provided, however, that
the deferral of fees authorized by this resolution shall not apply to the East Santa
Ana Canyon Area fee.
.0205 Sewer Connection Fees required pursuant to Section 10.12.070 of the
Anaheim Municipal Code.
.0206 Sewer Impact and Improvement Fees required pursuant to Sections
10.12.085, 10.12.090, and 10. 12.095 of the Anaheim Municipal Code.
.0207 Sewer Assessment Area Fees required pursuant to Section 17.08.430 of
the Anaheim Municipal Code.
.0208 Storm Drain Impact Fees required pursuant to Section 17.08.400 of the
Anaheim Municipal Code.
.0209 Storm Drain Impact and Improvement Fees for the South Central City
Area required pursuant to Section 10. 14.020 of the Anaheim Municipal Code.
.0210 Transportation Impact and Improvement Fees required pursuant to
Section 17.32.020 of the Anaheim Municipal Code.
.0211 Platinum Triangle Supplemental General Plan and Environmental
Processing Fees required pursuant to Sections 12.2, 12.3.1 and 12.3.2 of the
Standard Development Agreement for the Platinum Triangle, Office District as
adopted by City Council Resolution No. 2005-210, as may be amended, and as
implemented by specific ordinances approving development agreements in the
Platinum Triangle.
.0212 Any other fee and charge for non-residential development projects not
expressly specified herein which may have been inadvertently omitted from this
list but which the department head of the City department responsible for the
collection and administration of such fee later determines should be deferred as
provided in this chapter.
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17.38.030 APPLICATION.
.010 An application for the deferral of impact fees as specified in Section
17.38.020 of this chapter shall be filed in writing on forms prescribed by the
Planning Director and shall be filed with the Planning Department. The
application shall include a current preliminary title report, unless such
requirement is waived by the Planning Director or his or her designee.
.020 An application shall be approved by the Planning Director or his or her
designee, within fifteen (15) days of its submittal, unless it is found and
determined that one or more of the following factors exist:
.0201 The application is deemed incomplete or has not been signed by the
applicant.
.0202 A current preliminary title report has not been submitted in conjunction
with the application, unless such requirement has been waived by the Planning
Director or his or her designee as provided in subsection .010, above.
.0203 The Planning Director determines that the impact fees will be collected
for public improvements or facilities for which an account has been established
and funds appropriated and for which the local agency has adopted a proposed
construction schedule or plan prior to final inspection or issuance of a temporary
or final certificate of occupancy or the impact fees are to reimburse the City for
expenditures previously made.
17.38.040 DEFERRAL AGREEMENTS.
.010 Upon approval of an application, the applicant shall enter into a deferral
agreement with the City in a form satisfactory to the City Attorney's Office and
approved by the Planning Director or his or her designee. Such agreement shall, at
a minimum, be site specific and provide for the enforcement of the provisions of
this chapter. A single agreement shall be entered for each project whether or not
the applicant is the same for multiple projects. Authority to execute such
agreements on behalf of the City is hereby delegated to the Planning Director.
.020 As a condition of the deferment of time of payment of any impact fees
pursuant to this chapter, the City shall require the property owner, or lessee if the
lessee's interest appears of record, prior to and as a condition of issuance of the
building permit, to execute a contract to pay the impact fees prior to final
inspection or issuance of a temporary or final certificate of occupancy, whichever
occurs earlier. The obligation to pay the impact fees shall inure to the benefit of
and be enforceable by the City regardless of whether the City is a party to the
agreement. The agreement shall contain a legal description of the property
affected, shall be recorded in the Office of the County Recorder of Orange County
and, from the date of recordation, shall constitute a lien for the payment of the
D
impact fees which shall be enforceable against successors in interest to the
property owner or lessee at the time of issuance of the building permit. The
agreement shall be recorded in the grantor -grantee index in the name of the City
of Anaheim as grantee and in the name of the property owner or lessee as grantor.
17.38.050 TIME OF PAYMENT AND RELEASE.
.010 Final inspection of construction shall not occur, and no temporary or final
certificate of occupancy for any new residential or non-residential development
projects shall be issued by the City of Anaheim, until payment of impact fees as
specified in Section 17.38.020 of this chapter, including interest thereon, if
applicable, is made to the City of Anaheim in full. The amount of the impact fees
due and payable shall be based upon the fee schedules and amounts in effect at
the time said impact fees as specified in Section 17.38.020 of this chapter would
have been due and payable in the absence of this chapter.
.020 The City shall record a full release of the obligation in the Office of the
County Recorder of Orange County, containing a legal description of the
property, when the obligation is paid in full.
17.38.060 INTEREST.
Interest shall be charged on amounts deferred of more than $1,000,000 pursuant
to this chapter in an amount equal to the average annual rate of interest earned by
the Treasurer of the City of Anaheim on the investment of pooled funds for the
prior fiscal year.
17.38.070 FEES.
In the interest of encouraging development within the City of Anaheim, no fee
shall be collected for the administration and processing of deferral requests.
17.38.080 RECORDATION COST.
All costs of recordation of documents required pursuant to this chapter shall be
paid by the applicant.
17.38.090 DECISION.
The decision of the Planning Director or his or her designee on an application
for deferral of fees shall become final unless an appeal is initiated in accordance
with the procedures set forth in Section 18.60.135 (Appeals - Planning Director
Decisions), Chapter 18.60 (Procedures).
SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
ordinance independent of the elimination herefrom of any such portion as may be declared
invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 3. CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause the same to
be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper
of general circulation, published and circulated in the City of Anaheim.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect and be in full force thirty (30) days from and after its
final passage.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 10th day of June , 2014, and thereafter
passed and adopted at a regular meeting of said City Council held on the 17th day of
June , 2014, by the following roll call vote:
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
AB STAIN: None
ATTES
7 60��Q
CITY CLERK OF THE CITY OF ANAHEIM
102511-O/TReynolds
CITY OF HEIM
By:
MAYOR OF THt CITY OF ANAHEIM
N
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6300 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 10th day of June, 2014, and that the same was duly passed and adopted at
a regular meeting of said City Council held on the 17th day of June, 2014, by the following vote of
the members thereof:
AYES: Mayor Tait and Council Members Eastman, Murray, Brandman and Kring
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of June, 2014.
L I rA -1
OIPIArd�o
• �� •
(SEAL)
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6300 and was published in the Anaheim Bulletin on the 26th day of June,
2014.
Qld
CITY CLERK OF THE CITY OFA AHEIM
(SEAL)
•
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:
June 26, 2014
"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: June 26, 2014
NOW 0 M 0�0
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
•
PROOF OF PUBLICATION
CA U_
_ 9 ClIr
Proof of Publication of
Paste Clipping of
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SECURELY
In This Space
SUMMARY PUBLICATION
CITY OF ANAHEIM
i ORDINANCE NO: 6300
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER
Ni 17.38 OF TITLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING
TO THE DEFERRAL OF CERTAIN IMPACT FEES.
't:rhis ordinance amends Chapter 17.38 (Deferral of Certain Impact Fees) of Title 17 (Lane
v,0evelopmant and Resources of the Anaheim Municipal Code for the purpose of (a) elimi.
nating the requirement for the provision of certain security for the payment of deferred de•
yglopment fees for npw residential and non-residential developments; (b) eliminating the
crual of interest on deferred development fees that are equal to or less than $1,000 000
r a new development; and (c) eliminating the fee for the administration and processing of
�e plications requesting the defena�of development fees under the Citys "Fee Deferral
9 ram", whichh is codrfied in said hapter 17.38. Prior to the adopption of this ordinance,
e City Counoll provided for a temporary waiver of the requiremeAts for the provision of
;$ curity and the interest accrual by the adoption of Ordinance No. 6241 on'May 8,• 2012.
e temporary waiver applied to completed applicatiians requesting the deferral of devel
V Ment fees that were received and approved by the Citybn or before June 6, 2014. The
h� option of Ordinance No:'6300 eliminates the application processing fee and makes per-
tl;rgtxnetrtwhat Mad previously been a temporary waroer of the security and interest accrual
fgguiren a cab. cf �ho�weinveto the retention of imerest accrual do deferred develop -
6, incl N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing Is a
ummafy of Ordinance No. 6300 which ordinance was introduced at a regular meeting of
i ®C'�y ouhcil of the City of Anaheim on the 10th day of June 2014 and was duly passed
V
9, ed et a regular meeting of said Council on the 17th day of June; 2014 by the fol-
�ng.rQ 'as I vote of the rnambers thereof:
y,
AYES: Mayor Tait, Council Members Eastman, Murray, Brandman and Kring
NPES:': tone
riSENT;. None
ABSTAIN: None
tllb-
-Tike above summary is a brief descriplion of the subject matter contained in the text of Or-
dinance No. 6300, which has been prepared pursuant to Section 512 of the Charter of the
`CAy of AnaheimThis summary doss not include or describe every proyisibn of the ordi-
el4Ance and shouid not be relied on as a substitute for the full text of the ordinance.
To obtain a copy of the full text of the ordinance, please contact the Office of the City
Clerk, (714) 7655166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy.
Publish Anaheim Bulletin June 26 2014