6155ORDINANCE NO. 6155
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
NEW CHAPTER 17.38 TO TITLE 17 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO DEFERRAL OF
CERTAIN IMPACT FEES.
WHEREAS, the City Council of the City of Anaheim has previously adopted Ordinance
Nos. 6105 and 6130, respectively, creating an Economic Stimulus Package for New Residential
and Non -Residential Development by temporarily superseding the provisions of various
ordinances and resolutions relating to the required time of payment of specified Development
Fees heretofore imposed (hereinafter collectively referred to as the` Implementing Actions); and
WHEREAS, the provisions of the Economic Stimulus Package for New Residential and
Non -Residential Development apply only to certain Development Fees which would otherwise
be due and payable to the City pursuant to the provisions of the Implementing Actions on or
before June 30, 2010; and
WHEREAS, the City Council desires to adopt a permanent fee deferral program 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
Citys residents; and
WHEREAS, the City Council finds that the early payment of certain impact fees for
residential and non-residential development pursuant to the provisions of the Implementing
Actions may create a barrier to such development and desires, by the adoption of Chapter 17.38,
as hereinafter set forth, to ease such barrier by deferring the time for payment and collection of
such fees if requested by an Applicant and provided that certain requirements have been met as
specified in said Chapter 17.38; and
WHEREAS, the City Council finds that it is in the public interest and to the public
benefit for the City Council to stimulate and encourage new residential and non-residential
development projects in the City of Anaheim by the adoption of Chapter 17.38 as set forth
below; and
WHEREAS, it is the intent of the City Council that Chapter 17.38 shall become effective
on July 1, 2010, after the termination date established for the Economic Stimulus Package for
New Residential and Non -Residential Development, heretofore adopted, which will expire on
June 30, 2010.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1.
That new Chapter 17.38 be, and the same is hereby, added to Title 17 of the Anaheim
Municipal Code to read as follows:
"CHAPTER 17.38
DEFERRAL OF CERTAIN IMPACT FEES
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 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 and 15.1 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.
-2-
.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.
.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.
-3-
.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.
.0202 Electrical System Upgrade Fees required pursuant to Rule 15 and 15.1 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; said fees shall be due and payable immediately prior to
construction of the system upgrade(s).
.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 pursuan t to Section 17.08.400 of the Anaheim
Municipal Code.
.0209 Storm Drain Impact and Improvement Fee 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.
17.38.030 APPLICATION AND SECURITY.
.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 applicant has not provided security for the payment of those fees to be
deferred as provided in subsection .030, below.
.0204 The applicant has not paid the deferral application processing fee as required by
Section 17.38.070.
.0205 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.
.030 At the time of submittal of the application, the Applicant shall provide security for the
payment of those fees to be deferred. Such security shall be subject to the approval of the
Planning Director or his or her designee and shall, subject to such approval, consist of one or
more of the following:
.0301 Assigned certificate of deposit;
.0302 Irrevocable letter of credit; or
0303 Surety bond.
-5-
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 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, 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 all amounts deferred 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.
M
17.38.070 FEES.
Fees for the purpose of defraying the expenses incidental to the processing of applications
and appeals shall be established by resolution of the City Council.
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.
This ordinance shall become operative on July 1, 2010.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 25th day of August , 2009, and thereafter
passed and adopted at a regular meeting of said City Council held on the 1 st day of
September , 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
CITY OF ANAHEIM
By: &U040W 4
MAYOR OF THE CITf O ANAHEIM
ATTEST:
/) 1,4,1 X g42�a
CITY CLERK OF THE CITY OF ANAHEIM
73018.v4/MGordon
-7-
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:
September 10, 2009
"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: September 10, 2009
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
Proof of Publication of
SUMMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6155
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING NEW CHAPTER 17.3670 TI-
TLE 17 OF THE ANAHEIM MUNICIPAL CODE RELATING TO DEFFERAL OF CERTAIN
IMPACT FEES.
This ordinance adds a new Chapter 17.38 to Title 17.of the Anaheim Municipal Code relat-
ing to the deferral of certain impact fees.
The City Council of the City of Anaheim has previously adopted Ordinance Nos. 6105 and
6130, respectively, creating an Economic Stimulus Package for New Residential and Non -
Residential Development by temporari superseding the provisions of various ordinances
and resolutions relating to the required i of payment of specified Development Fees.
The new Chapter 17.38 establishes a permanent fee deferral program that will allow pay
mart of specitied Development Fees to be postponed fbuildng permit issuance until
final inspection or Issuance of a final or temporary occupermit by provuJing develop-
ers with the option to pay certain impact fees when areissued or deter paymentuntil cons -'.on is camp���edThis fee dalprogntended to promote ccnstrutionacthroegho�t the Cityand replace the currenteferral program approved as
part of the C!ty's Economic Stimulus Package when it expires on June 30, 2010. The new
Chapter 17.38 will tare effect on July 1, 2010.
The permanent fee deferral program is designed to recover staff time for administering the
program, protect th9 City from defaul4 and capture interest that otherwise would have
been accrued within the City's investment portfolio on the amount deferred. The major
components of the program are described below:
The applicant will provide at least one form of security for the payment (such as a letter of
credit) for the entire amount of fees deferred.
The applicant will execute an agreementwiththe City and a contract to pay the impact fees
prior to final inspection or issuance of a temporary or final certificate of occupancy.
Interest will be charged on all amounts deferred in an amount equal to the average annual
rate of interest earned by the City Treasurer on the investment of pooled funds for the prior
fiscal year.
Fees for the peruse of defraying the expenses,incidental to the processing of app11 ations
and appeals wilC be established by resolution of the City Council at a later date.
I, Linda N. Andel, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a
summitayry of Ordinance No. 6155 which ordnance was introduced at a2r0e0g9ular meefin of ,
passed anduadopted at Ca egular meeting of saki Council o�e 1st day ofnSeptem�beli
2009 by the following roA cell vote of the members thereof:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
The attached summary is a brief description of the subject matter contained in the text of
Ordinance No. 6155, which has been prepared pursuant to Section 612 of the Charter of
the City of Anaheim. This summary does not include or describe every provision of the or-
dinance and should 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 September 10 2009 9142535