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ORDINANCE NO. 6212 <br />AN ORDINANCE OF THE CITY OF ANAHEIM <br />TEMPORARILY WAIVING CERTAIN PROVISIONS <br />OF CHAPTER 17.38 OF TITLE 17 OF THE ANAHEIM <br />MUNICIPAL CODE RELATING TO DEFERRAL OF <br />CERTAIN IMPACT FEES. <br />WHEREAS, on September 1, 2009, the City Council of the City of Anaheim <br />adopted its Ordinance No. 6155 adding new Chapter 17.38 to Title 17 of the Anaheim Municipal <br />Code relating to the deferral of certain impact fees; and <br />WHEREAS, Chapter 17.38 provides that upon application and approval of <br />security the payment of certain enumerated fees ( "Development Fees ") as set forth in Section <br />17.38.020 of the Anaheim Municipal Code may be delayed so that payment is required and <br />Development Fees are collected prior to final inspection or issuance of a temporary or final <br />certificate of occupancy, whichever occurs earlier (the "Fee Deferral Program "); and <br />WHEREAS, prior to the adoption of Chapter 17.38, Development Fees were <br />generally required to be paid by developers either prior to the approval of the final map <br />pertaining to such development or at the time of issuance of building permits for construction; <br />and <br />WHEREAS, the purpose of Chapter 17.38 is to stimulate and encourage the <br />construction of new residential and non - residential developments within the City, particularly <br />such development that will result in long -term commitments to the City of Anaheim that will <br />create jobs and provide economic stimuli for the benefit of all of the City's residents; and <br />WHEREAS, the City Council has heretofore determined that the early payment of <br />Development Fees for residential and non - residential development creates a barrier to such <br />development, and adopted Chapter 17.38 to ease such barrier by deferring the time for payment <br />and collection of Development Fees; and <br />WHEREAS, Chapter 17.38 requires that at the time of submittal of an application <br />for the deferral of fees, the applicant shall provide certain security for the payment of the <br />Development Fees to be deferred, and further requires that certain interest be charged on all <br />amounts deferred; and <br />WHEREAS, due to added costs related to obtaining security and payment of <br />interest, owners and developers of residential and non - residential development projects have not <br />applied for the deferral of Development Fees, which has limited the effectiveness of the Fee <br />Deferral Program; and <br />WHEREAS, the City of Anaheim relies on new residential and non - residential <br />development in the City to stimulate the local economy and provide direct and indirect benefits <br />