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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