RES-2008-050RESOLUTION NO. 2008- 050
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
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 owners and developers of certain residential projects have heretofore
paid Development Fees to the City for developments which, based upon projections of current
market conditions, will not be completed and ready for occupancy for a period of six months or
longer from the date of this resolution; 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revitalization of older, outdated industrial sites, and new tax bases and revenues to the community;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.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES
HEREBY RESOLVE AS FOLLOWS:
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:
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.
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.
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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 December 31, 2009.
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.
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
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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.
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 22nd day of April, 2008, by the following roll -call vote:
Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
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ATTES
C Y CLERK OF THE CITY OF ANAHEIM
68716.4
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CITY OF A EIM
MAYOR OF THE CITY OF A