RES-2008-059RESOLUTION NO. 2008- 0 5 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM CREATING AN ECONOMIC STIMULUS
PACKAGE FOR RESIDENTIAL DEVELOPMENT BY
TEMPORARILY SUPERSEDING THE PROVISIONS OF
VARIOUS RESOLUTIONS HERETOFORE ADOPTED
RELATING TO THE REQUIRED TIME OF PAYMENT OF
SPECIFIED DEVELOPMENT FEES HERETOFORE IMPOSED
AND RESCINDING RESOLUTION NO. 2008-050
WHEREAS, the City Council of the City of Anaheim has heretofore adopted
certain fees and charges relating to mitigation of the impact of new residential development upon
City infrastructure, such as parks, roadways, sewers, electrical and water systems, highway
beautification, and public safety (hereinafter collectively the "Development Fees by the
adoption of those certain ordinances and resolutions hereinafter specified and enumerated in
Section 2 of this resolution (hereinafter collectively the "Implementing Actions and
WHEREAS, pursuant to the provisions of the Implementing Actions said
Development Fees are currently required to be paid by the developers of new residential units at
the time of issuance of building permits for construction of such residential units or at such other
time prior to completion of the development as may be described therein; and
WHEREAS, due to recent changes in economic conditions relating to the housing
market throughout the nation, including in the City of Anaheim, construction of many residential
projects heretofore approved, or in the process of being approved, by the City of Anaheim have
been deferred by the owners and developers of such projects due to such economic conditions;
and
WHEREAS, the City of Anaheim relies on new 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units, revitalization of older, outdated industrial sites, and new tax bases and revenues to the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 stimulate and encourage new residential development in the City of Anaheim by
the adoption of the Economic Stimulus Package for Residential Development as hereinafter set
forth.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES HEREBY RESOLVE AS FOLLOWS:
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SECTION 1.
The City Council does hereby adopt the measures hereinafter set forth in this
resolution which, together with certain other measures as identified and implemented by the City
Council, shall be known and referred to collectively as the Economic Stimulus Package for
Residential. Development.
SECTION 2.
Notwithstanding any provision of any of the Implementing Actions hereinafter
described and enumerated, or any other ordinance or resolution heretofore adopted to the
contrary, the payment of the following Development Fees for construction of new residential
units in the City of Anaheim shall be deferred until, and collection thereof by the responsible
City agency, department, official or employee shall be made immediately prior to final
inspection or issuance of a temporary or final certificate of occupancy for such residential units
by the City of Anaheim, whichever occurs earlier, or at such other time as expressly hereinafter
provided:
1. Electrical Service Connection Fees required pursuant to Section 10.16.420
of the Anaheim Municipal Code.
2. 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).
3. Water Service Connection Fees required pursuant to Section 10.16.420 of
the Anaheim Municipal Code.
4. 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.
5. Sewer Connection Fees required pursuant to Section 10.12.070 of
Anaheim Municipal Code.
6. Sewer Impact and Improvement Fees required pursuant to Sections
10.12.085, 10.12.090, and 10.12.095 of the Anaheim Municipal Code.
7. Sewer Assessment Area Fees required pursuant to Section 17.08.430 of
the Anaheim Municipal Code.
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8. Storm Drain Impact Fees required pursuant to Section 17.08.400 of the
Anaheim Municipal Code.
9. Storm Drain Impact and Improvement Fee for the South Central City Area
required pursuant to Section 10.14.020 of the Anaheim Municipal Code.
10. Transportation Impact and Improvement Fees required pursuant to Section
17.32.020 of the Anaheim Municipal Code.
11. Park and Recreational Fees required pursuant to Chapter 17.08 or Section
17.34.010 of the Anaheim Municipal Code.
12. 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,
as may be amended, and as implemented by specific ordinances approving
development agreements in the Platinum Triangle.
13. 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, as may be amended, and as implemented by specific ordinances
approving development agreements in the Platinum Triangle.
14. 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, as may be
amended, and as implemented by specific ordinances approving
development agreements in the Platinum Triangle.
15. 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, as may be amended, and as implemented by
specific ordinances approving development agreements in the Platinum
Triangle.
16. 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, as may be amended, and as
implemented by specific ordinances approving development agreements in
the Platinum Triangle.
17. 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 ordinance.
SECTION 3.
Final inspection of construction shall not occur, and no temporary or final
certificate of occupancy for any new residential units shall be issued by the City of Anaheim,
until payment of such Development Fees is made to the City of Anaheim in full. The amount of
the Development Fees due and payable shall be based upon the fee schedules and amounts in
effect at the time said Development Fees would have been due and payable in the absence of this
resolution.
SECTION 4.
Payment of such Development Fees shall be deemed a debt due and owning to the
City of Anaheim at such time which debt shall only be deemed satisfied and discharged upon
payment in full to the City of Anaheim.
SECTION 5.
The provisions of this resolution shall apply only to any Development Fees which
would otherwise be due and payable to the City pursuant to the provisions of any Implementing
Action on or before June 30, 2010.
SECTION 6.
Nothing contained in this resolution shall be deemed to authorize or permit the
deferral of payment of any fee or charge imposed upon residential development within the City
of Anaheim except for those Development Fees expressly enumerated in Section 2 hereof.
SECTION 7.
Nothing contained in this resolution shall be deemed to create any new fee charge,
or increase any existing fee or charge, to which the procedures specified in Section 66017 of the
Government Code of the State of California would be applicable.
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SECTION 8.
The Development Fees enumerated in Section 2 of this resolution include fees
which were established or enacted by either resolution or ordinance of the City Council. This
resolution shall be deemed to apply only to those certain Development Fees specified in Section
2 which were established or enacted by resolution of the City Council. The Development Fees
enumerated in Section 2 which were established or enacted by ordinance of the City Council
shall be deemed deferred only upon the adoption of an ordinance of the City Council approving
such deferral of fees. An ordinance for such purpose has been prepared and submitted for
consideration by the City Council as a companion measure to this resolution.
SECTION 9.
As a condition of the deferment of time of payment of any Development Fee(s)
pursuant to this resolution, 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 Development Fee(s) prior to final inspection or issuance of a
temporary or final certificate of occupancy, whichever occurs earlier. The obligation to pay the
Development Fee(s) shall inure to the benefit of, and be enforceable by, the City regardless of
whether the City is a party to the contract. The contract 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 Development Fee(s)
which shall be enforceable against successors in interest to the property owner or lessee at the
time of issuance of the building permit. The contract 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. The City shall record a release of the obligation, containing a legal description
of the property, when the obligation is paid in full. The contract shall require the property owner
or lessee to provide appropriate notification of the opening of any escrow for the sale of the
property for which the building permit was issued and to provide in the escrow instructions that
the fee or charge be paid to the City of Anaheim from the sale proceeds in escrow prior to
disbursing proceeds to the seller. The executed contract shall be deemed to supersede any
conflicting provision contained in any applicable development agreement with regard to the time
of payment of any Development Fee(s).
SECTION 10.
This resolution shall become effective and operative on the date of its adoption.
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SECTION 11.
Resolution No. 2008 -050 is hereby rescinded in its entirety.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 6th day of May, 2008, by the following roll -calf vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATT
CITY CLERK OF THE CITY OF ANAHEIM
68716.5
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CITY NAHEIM
MAYOR OF THE CITY OF AHEIM