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2004-023RESOLUTION NO. 2004- 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING BUILDING, CONSTRUCTION, GRADING, AND OTHER DEVELOPMENT FEE SCHEDULES TO ESTABLISH AND PROMOTE A HOME IMPROVEMENT HOLIDAY WHEREAS, Section 15.02.070 of the Anaheim Municipal Code authorizes the City Council to establish fees and fee schedules for permits, inspections, re-inspections and other activities relating to the regulation of building and construction activities in the City of Anaheim (hereinafter the "building and construction fees"); and WHEREAS, pursuant to the aforesaid authority, the City Council has heretofore adopted its Resolution No. 2003R-130 establishing building and construction fees for work and construction activities pursuant to the Anaheim Building Code, Anaheim Electrical Code, Anaheim Mechanical Code and Anaheim Plumbing Code (collectively referred to herein as the "Anaheim Building Codes"); and WHEREAS, Sections 17.04.100 and 17.06.045 of the Anaheim Municipal Code (hereinafter the "Grading Ordinances") authorize the City Council to establish fees and fee schedules for permits, inspections, re-inspections and other activities relating to the regulation of grading, excavation and fill activities in the City of Anaheim (hereinafter the "grading fees"); and WHEREAS, pursuant to the aforesaid authority, the City Council has heretofore adopted its Resolution No. 2003R-133 establishing grading fees for work and activities undertaken or required pursuant to said Grading Ordinances; and WHEREAS, Section 12.12.040 of the Anaheim Municipal Code, as well as various other provisions of the Anaheim Municipal Code (hereinafter collectively referred to as the "Development Ordinances") authorize the City Council to establish, and pursuant thereto the City Council has heretofore adopted its Resolution No. 2003R- 133 and other resolutions establishing, other fees and fee schedules for permits, inspections, re-inspections and other activities relating to right-of-way construction, site preparation and construction activities for the types of residential work described in Section 1 below of this Resolution (hereinafter the "other development fees"); and WHEREAS, the City Council hereby desires to establish and promote a program (known as the "Home Improvement Holiday") to encourage and facilitate certain home repairs, remodeling and minor home additions in compliance with applicable requirements of the Anaheim Building Codes, Grading Ordinances, and Development Ordinances, and to waive collection of the building and construction fees, grading fees and other development fees otherwise required for such work as described in Section 1 below of this Resolution; and WHEREAS, the City Council hereby finds and determines that it is in the public interest and general welfare to establish said Home Improvement Holiday as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. That Resolutions No. 2003R-130, 2003R-133, and any other resolutions currently imposing any other development fees, be, and the same are hereby, amended to waive any building and construction fees, grading fees, and/or other development fees otherwise imposed and required thereunder, including any penalty fees, during the effective period of the Home Improvement Holiday, as such period is hereinafter defined, for or necessarily relating to the following types of residential work only: B. C. D. E. F. G. Block walls/columns Patio covers Reroofings Residential additions Residential remodelings Residential accessory structures Swimming pools/spas 2. That the effective period of the Home Improvement Holiday, including the waiver of the fees specified in Section 1 of this Resolution, shall apply to any completed permit applications received by the Building Division of the Planning Department or the Public Works Department, as applicable, on or after March 1, 2004, and the effective period shall expire upon May 31, 2004. 3. Except as expressly set forth herein, nothing contained in this Resolution shall be deemed to waive any fees otherwise required by any other provision of law (including but not limited to fees for City zoning entitlements, and/or fees collected by the City on behalf of any other public agency or entity), nor otherwise waive compliance with any other applicable provisions of the Anaheim Building Codes, Grading Ordinances, Development Ordinances, or the Anaheim Zoning Code. Nothing contained herein shall be deemed to waive the grading fees for any project involving more than 100 cubic yards of grading. 4. That, except as expressly amended herein or as may otherwise be in conflict with any provision hereof, Resolutions No. 2003R-130, 2003R-133 and any other resolution currently establishing other development fees, shall remain in full force and effect. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th day of February ,2004, by the following roll call vote: AYES: Pringle, Chavez, Tait NOES: mc~racken, Hernandez ABSENT: None ABSTAIN: None 2 (Seal) ATTES<~: l~~P ~ C THE CITY OF ANAHEIM ByCITY OF ANAl& C~~ MAYOR OF THE ANAHEIM 52621.4