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6130ORDINANCE NO. 6130 AN ORDINANCE OF THE CITY OF ANAHEIM CREATING AN ECONOMIC STIMULUS PACKAGE FOR NEW NON- RESIDENTIAL DEVELOPMENT BY TEMPORARILY SUPERSEDING THE PROVISIONS OF VARIOUS ORDINANCES HERETOFORE ADOPTED RELATING TO THE REQUIRED TIME OF PAYMENT OF SPECIFIED DEVELOPMENT FEES HERETOFORE IMPOSED. WHEREAS, the City Council of the City of Anaheim has heretofore adopted certain fees and charges relating to mitigation of the impact of new non-residential development projects 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 non-residential development projects at the time of issuance of building permits for construction of said projects or at such other time prior to completion of the development as may be described therein; and WHEREAS, due to the recent downturn in economic conditions throughout the nation, including in the City of Anaheim, construction of many non-residential development 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 the existing economic conditions; and WHEREAS, the City of Anaheim relies on new non-residential development projects 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indirect benefits to the City and its residents and businesses by creating construction jobs, revitalization of older, outdated commercial and industrial sites, and new tax bases and revenues to the community; and WHEREAS, it is therefore in the public interest and to the public benefit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 non-residential development projects in the City of Anaheim by the adoption of the Economic Stimulus Package for New Non -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 New Non -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 non-residential development 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 development by the City of Anaheim, whichever occurs earlier, or 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 the 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. 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. 2 11. 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. 12. 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 ordinance. SECTION 3. Final inspection of construction shall not occur, and no temporary or final certificate of occupancy for any new non-residential development projects 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 ordinance. SECTION 4. Payment of such Development Fees shall be deemed a debt due and owing 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 new non-residential development projects 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 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. El THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 24th day of February , 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the 1 nth day of March , 2009, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE CITY OF AHEIM By: e��o MAYOR OF THE C OF NAHEIM ATTEST: CITY CLERK OF THE CIT OF ANAHEIM 72098.v2/MGordon 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: March 19, 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: March 19, 2009 i Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATION Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CRY OF ANAHEIM ORDINANCE N .. 6130 AN CCE OF THE CRY OF ANAHEIM CREA G AN ECONOMIC STIMULUS PACK- AGE FOR. NEW NON-RESIDENTIAL DEVELOP. MENT BYTEM SUPERSEDING THE PROVISIONS OF V ORDINANCES HERE- TOFORE ADQPfE) RELATING TO THE RE- OUIRE TIME OF PAYMENT OF SPECIFIED DE- VELOPMENT FEES HERETOFORE IMPOSED. This ordinance defers the time for the required payment to the City of certain %elopment fees for new non- residential projects from tNe die aF' iesuence of building permits to the date of final Inspection or Issuance of a tam- or em- or to timertificate e spec cy� whit haver occurs The deferral of fes sto the of the ordinance. Payment applies to the following fees on. Storm Drain Impact Fees, Storm Thain Impact and Improve- ment Fee for the South Central City Area, Transportation Im- pact and Improvement Fees, Platinum Triangle Supplemen- tal General Plan =and Processing Fees, and any other fee or charge for non-residential development in- advertently omitted from said list as determined by the City department responsible for the collection and administra- tion of such fee. As a condition of fee.defaral, the property owner or les- see shall be required to execute a contract agreeing toe ay such fees to the City at the time hereinabove described which agreementshalt be recorded with the County Re- corder and shall supersede any conflicting provision in any existing development agreement;. This ordinance shall'apply only to the spectilled fees which wand otherwise be ifs and payable to the City on or befcrs June 30, 2010. -1, Linda N. Andal, ClClerk of the C f Anaheim, do herebyy certify that thechod table a summary of Ord'mance No. 6130 which, ordinance was introduced at a regular meeting of the.Cily Councd.of the City of Anaheifn on the 24th day of February, 2009 and was,"y passed and adopted at a regularmeeting of said Council on the 10th day of Mich, Mar the roll cell vote of the memberetheroof: AYES: Mayor Pringle, Ccuncit Members Hernandez, sidtw, Galkwvay 'ICririg NOES: NONE ABSENT: NONE ABSTAIN. NorE`=, The attached summary is a brief description of the subject -mater oa►a#4ned in the text of Ordinance No. OW, which has been(rrepa od pursuant to Section St2 of the Charter of the,CIly,Eoff A .Wheim. This summary does riot include or de- scritia be reliedd are as a sprvAslon'oubstitute for Q of tide should cue To obtain a cow of the hull text of the ordinance, please contact 6 Do AM and Pik MoOffice of the mmy throughClerk, (714) .Tfis,ebet is en no charas for the copy. r 1•J: :I ..1 =. �l u.L �. -i 11 4i.1� Ali.