Chapter 17.38 — DEFERRAL OF CERTAIN IMPACT FEES

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. (Ord. 6155 § 1 (part); September 1, 2009: Ord. 6300 § 1 (part); June 17, 2014.)

.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 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.

.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.

.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 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.

.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 pursuant to Section 17.08.400 of the Anaheim Municipal Code. .0209 Storm Drain Impact and Improvement Fees 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 17.38.020 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. (Ord. 6155 § 1 (part); September 1, 2009: Ord. 6300 § 1 (part); June 17, 2014.)

.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 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. (Ord. 6155 § 1 (part); September 1, 2009: Ord. 6300 § 1 (part); June 17, 2014.)

.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. (Ord. 6155 § 1 (part); September 1, 2009; Ord. 6300 § 1 (part); June 17, 2014.)

.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, if applicable, 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. (Ord. 6155 § 1 (part); September 1, 2009: Ord. 6300 § 1 (part); June 17, 2014.)

Unless prohibited by State law, interest shall be charged on amounts deferred of more than $1,000,000 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. (Ord. 6155 § 1 (part); September 1, 2009: Ord. 6300 § 1 (part); June 17, 2014: Ord. 6607 § 3; April 8, 2025.)

In the interest of encouraging development within the City of Anaheim, no fee shall be collected for the administration and processing of deferral requests. (Ord. 6155 § 1 (part): September 1, 2009: Ord. 6300 § 1 (part), June 17, 2014.)

All costs of recordation of documents required pursuant to this chapter shall be paid by the applicant. (Ord. 6155 § 1 (part); September 1, 2009: Ord. 6300 § 1 (part); June 17, 2014.)

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). (Ord. 6155 § 1 (part); September 1, 2009: Ord. 6300 § 1 (part); June 17, 2014.)