6105ORDINANCE NO. 6105
AN ORDINANCE OF THE CITY OF ANAHEIM CREATING AN
ECONOMIC STIMULUS PACKAGE FOR RESIDENTIAL
DEVELOPMENT BY TEMPORARILY SUPERSEDING THE
PROVISIONS OF VARIOUS ORDINANCES HERETOFORE
ADOPTED RELATING TO THE REQUIRED TIME OF
PAYMENT OF SPECIFIED DEVELOPMENT FEES
HERETOFOREIMPOSED
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 ordinance
(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revitalization of older, outdated industrial sites, and new tax bases and revenues to the community;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 ORDAIN AS FOLLOWS:
SECTION 1.
The City Council does hereby adopt the measures hereinafter set forth in this
ordinance 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 such other time as expressly hereinafter provided:
Electrical Service Connection Fees required pursuant to Section 1.0.16.420
of the Anaheim Municipal Code.
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 the
Anaheim Municipal Code.
6. Sewer Impact and Improvement Fees required pursuant to Sections 10.12.085,
10.12.090, and 1.0.12.095 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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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.
1.0. 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
1.7.34.010 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.
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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 ordinance 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 ordinance 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 ordinance 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.
SECTION 8.
The Development Fees enumerated in Section 2 of this ordinance include fees which.
were established or enacted by either resolution or ordinance of the City Council. This ordinance
shall be deemed to apply only to those certain Development Fees specified in Section 2 which were
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established or enacted by ordinance of the City Council. The Development Fees enumerated in
Section 2 which were established or enacted by resolution of the City Council shall be deemed
deferred only upon the adoption of a resolution of the City Council approving such deferral of fees.
A resolution for such purpose has been prepared and submitted for consideration by the City Council
as a companion measure to this ordinance.
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 ordinance shall become operative on its effective date.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 6th day of May , 2008, and thereafter
passed and adopted at a regular meeting of said City Council held on the 13th day of May
, 2008, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
ABSTAIN: NONE
CITY OF 4HEIM
By
MAYOR OF THE CITY OF ANAHEIM
ATTES .
44CC
CITY CLERK OF THE CITY OF ANAHEIM
68735.5
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 22, 2008
"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 22, 2008
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
v
Proof of Publication of
SUMMARY OF ORDINANCE NO. 6105
This ordinance defers the lime for the required pa mentrii
to the City of certain development fees for new residyeal
projects from the date of issuance of building permits to the
date of final inspection or issuance of a temporary or ,
certificate of occupancy, whichever occurs earlier, or to
such other time as specified in the ordinance. The deferral
of fee ServiceaC nnnec�onnlft Fees, Electricalthe iSyst m Upgonly:
rade Fee
Water Service Connection Fees, Water System Upggrade
Fees, Sewer Connection Fees, Sewer Impact and improve-
ment Fees, Sewer Assessment Area Fees, Storm Drain Im-
pact Fees, Storm Drain Impact and Improvement Fee for
the South Centra City Area, Transportation Impact and lip-
provement Fees, Park and Recreational Fees, Platinum Tri-
angle Supplemental Traffic Impact Fees, Platinum Triangle
Supplementalntal Storm Drain Impact Fees, Platinum Triangle
SupplemeSewer Impact Fees, Platinum Triangle Sup-
plemental Arterial Highway Beautification Fees, Platinum, Tri-
angle Supplemental General Plan and Environmental Proc-
essing Fees, and any other fee or charge for residential de-
velopment inadvertently omitted from said list as deter-
mined by the City department responsible for the collection
and administration of such fee.
As a condition of fee deferral, the property owner or les-
see shall be required to execute a contract agreeing to pay
such fees to the Crty at the time hereinabove descn
which agreement shall be recorded with the County Re-
corder and shall supersede any conflicting provision IrWny
existing development agreement.
This ordinance shall apply only to the specified fees
which would otherwise be due and payable td the City on or
before June 30, 2010. ,
I, Linda N. Andal, City Clerk of the City of Anaheim, do here-
by certify that this document constitutes a summary of Ordi-
nance No. 6105 which was introduced at a regular meeting
of the City Council of the City of Anaheim on the Sth of May,
2008 and was duly passed and adopted at a regular meet-
ing of said Council on the 13th of May, 2008 by the following
roll call vote of the members thereof:
AYES: ' Mayyor Pringle, Council Members Hemand
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. 6105, which
has bean prepared pursuant to Section 512 of the Charter of
the City of Anaheim. This summary does not include or de-
scribe every provision of the ordinance and should not be
relied on as a substitute for the full text of the ordinance.
To obtain a co y of the full text of the ordinance, please
contact the Office of the City Clerk, (714) 765-5166, between
8:00 AM and 5:00 PM, Monday through Friday. There is no
charge for the copy. j
Publish Anaheim Bulletin May 22 2008 l 8609043