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(ROH 07/16/12) <br />ORDINANCE NO. NS-2836 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA TO TEMPORARILY SUPERSEDE <br />CERTAIN PROVISIONS OF THE SANTA ANA MUNICIPAL <br />CODE AND TO PERMIT DEVELOPERS TO DEFER <br />PAYMENT OF CERTAIN DEVELOPMENT IMPACT FEES <br />THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS <br />FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. The Mitigation Fee Act (Government Code section 66000, et seq.) <br />authorizes the City to adopt and regulate monetary exactions for the <br />purpose of defraying all or a portion of the public facility costs relating to a <br />development project. The development impact fees are charged as a <br />condition of approval and are used to alleviate the effects of development <br />on the community by financing public improvements, services, or <br />programs that bear a reasonable relationship to the development. <br />Virtually all California cities, including Santa Ana, require applicants to pay <br />mitigation fees as a precondition to issuing a building permit. The City <br />may determine when such fees are to be paid. <br />B. The City relies on new development to stimulate the local economy and to <br />provide direct and indirect benefits to its residents and business by <br />creating construction jobs, new market-rate and affordable housing, and <br />new tax-base revenues for the City. <br />C. This ordinance is intended to alleviate certain barriers to development, in <br />light of the challenges facing the development industry in a fluctuating <br />market economy, by allowing eligible project applicants to defer certain <br />development impact fees. <br />D. The Request for Council Action for this ordinance dated July 16, 2012, <br />shall by this reference be incorporated herein, and together with this <br />ordinance, any amendments or supplements and the oral testimony before <br />the City Council at this meeting, shall additionally constitute the necessary <br />findings for this ordinance. <br />E. All provisions of the Santa Ana Municipal Code which are repeated herein <br />are repeated solely in order to comply with the provisions of Section 418 <br />of the City Charter. Any such restatement of existing provisions of the <br />Code is not intended, nor shall it be interpreted, as constituting a new <br />Ordinance No. NS-2836 <br />Page 1 of 5