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
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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
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