Chapter 21.08 — DEFINITIONS

Sections:

• 21.08.001 General.
• 21.08.005 Affordable to low and very low income per persons.
• 21.08.010 Applicant.
• 21.08.015 Approving body.
• 21.08.020 Area of impact.
• 21.08.025 Assessable lot area.
• 21.08.030 Chargeable space.
• 21.08.035 City engineer.
• 21.08.040 Construction.
• 21.08.045 Developer.
• 21.08.050 Development approval.
• 21.08.055 Development project.
• 21.08.060 Director of community development and director of public works.
• 21.08.065 Effective date.
• 21.08.070 Engineer's report.
• 21.08.075 Impact fee.
• 21.08.080 Improvements.
• 21.08.085 Local improvement.
• 21.08.090 Area-wide improvement.
• 21.08.095 Improvement study.
• 21.08.100 Qualified appraiser.
• 21.08.105 Reconstruction.
• 21.08.110 Very low and low income persons.

The definitions set forth in this chapter shall govern the meaning of words in this title, unless from the context in which the word is used, a different meaning is clearly intended. (Ord. 91-06-1100 § 1 (part))

"Affordable to low and very low income persons" means rented or sold to persons at rates which are affordable pursuant to the guidelines applicable to Signal Hill established by the State Department of Housing and Community Development. (Ord. 91-06-1100 § 1 (part))

"Applicant" means the person or persons seeking approval of any development project, any permit for construction or reconstruction, or any other land use or development entitlement. (Ord. 91-06-1100 § 1 (part))

"Approving body" means that agency of the city vested with the authority to approve, conditionally approve or deny the development project. (Ord. 91-06-1100 § 1 (part))

"Area of impact" means the land upon which the development project is located and all surrounding land, including all transportation and utility corridors relating to the development project, wherein the impacts of the project are regarded to be significant and upon which public improvements must be constructed in order to mitigate such impacts. The area impacted may be either local or area-wide. (Ord. 91-06-1100 § 1 (part))

"Assessable lot area" means all of the square footage within the perimeter of a residential lot upon which construction or reconstruction of a residence takes place unless the city engineer shall reasonably determine some other basis for assessment, provided that property is assessed uniformly. (Ord. 91-06-1100 § 1 (part))

"Chargeable space" means all of the square footage covered and enclosed within the perimeter of a commercial or industrial structure, not including garages, parking structures, outdoor walkways, utility or disposal areas, elevator shafts, or stairways. (Ord. 91-06-1100 § 1 (part))

"City engineer" means the city engineer of the city of Signal Hill or his or her designated representative. (Ord. 91-06-1100 § 1 (part))

"Construction" means the erection of any structure, and includes excavation or grading. (Ord. 91-06-1100 § 1 (part))

"Developer" means the applicant for approval of a development project and includes all partners and joint ventures of the applicant and the owner of the real property. (Ord. 91-06-1100 § 1 (part))

"Development approval" means the approval of any tentative or final tract map or parcel map, any site plan and design review, any conditional use permit, variance, demolition permit, building permit, or other land use approval or entitlement required for development or construction pursuant to the Signal Hill Municipal Code. (Ord. 91-06-1100 § 1 (part))

"Development project" means any project undertaken for the purpose of development. (Ord. 91-06-1100 § 1 (part))

"Director of community development" or "director of public works" means the director of community development or the director of public works, as the case may be, of the city of Signal Hill or his or her designated representative. (Ord. 91-06-1100 § 1 (part))

"Effective date" shall mean the date that the ordinance or resolution establishing or modifying a fee or dedication requirement becomes effective as provided by law. (Ord. 91-06-1100 § 1 (part)) 21 08 070 Engineer's report

A. "Engineer's report" means an analysis prepared by the city engineer or his or her designate, compiled and presented to the city council or other approving body in connection with its consideration of impact fees, and reflecting the opinion of the city engineer as to all of the following:

1. The purpose of the fee;
2. The use to which the fee will be put, including identification of specific public facilities or a master plan for construction of or improvements to public facilities, if applicable;
3. How there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;
4. How there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed;
5. How there is a reasonable relationship between the amount of the fee and the cost of the improvement or that portion of the improvement attributable to the development project on which the fee is imposed. B. The engineer's report may include any references to any master plan, improvement study, or other report prepared by a consultant or other expert. (Ord. 91-06-1100 § 1 (part))

"Impact fee" means a monetary exaction imposed pursuant to this title, other than a tax, which is charged by the city to the developer in connection with approval of the development project for the purposes of defraying all or a portion of the actual or estimated costs of public improvements related to the development project, including all elements listed in Section 21.08.080 below, but does not include any fees pursuant to Title 20.88, fees for processing applications for governmental regulatory actions or approvals, or fees collected pursuant to a development agreement adopted pursuant to Government Code Section 65864, et seq. The amount of the impact fee shall be the amount reasonably determined to be equivalent to the development project's proportionate share of the actual or estimated cost of the improvement, as measured by the impact or detriment caused by construction of the development project, as determined in accordance with this title. (Ord. 91-06-1100 § 1 (part))

"Improvements" means any public improvements, public services, or community amenities including, but not limited to, construction of streets, highways, thoroughfares, bridges, alleys, medians, turning lanes, paving, driveways, curbs, gutters, sidewalks, lighting, signals, drainage, water, sewer, utility, transit facilities (including bus turn-outs, benches, shelters, landing pads, etc.), bicycle paths, landscaping, planters, signage, safety improvements, park or recreation facilities, housing, or construction or erection of public art or other cultural facilities, and any other similar related structures or improvements. Improvement refers to any other specific improvements or types of improvements installed either by the developer, by public agencies, by private utilities, by any other entity approved by the city, or by a combination thereof which are necessary to ensure consistency with or implementation of the general plan or any applicable specific plan. The term improvement includes the dedication of real property, either in easement or in fee; the planning, engineering and design of such improvements; necessary improvement studies, reports and analyses; inflation factors; the financing of such improvements; administration of contracts; as well as the actual construction of the improvements. (Ord. 91-06-1100 § 1 (part))

"Local improvement" means an improvement needed or designed to serve the area adjacent to or in reasonably close proximity with the development project, the need for which is exclusively or primarily related to the development project. (Ord. 91-06-1100 § 1 (part))

"Area-wide improvement" means an improvement needed or designed to serve an area substantially beyond the boundaries of the development project, the need for which the development project contributes to, but which is not exclusively or primarily related to the development project. (Ord. 91-06-1100 § 1 (part))

"Improvement study" means a report prepared by a competent engineering expert approved by the director of public works

and containing the information set forth in Section 21.08.070. (Ord. 91-06-1100 § 1 (part))

"Qualified appraiser" means a professional real estate appraiser capable of estimating fair market value in conformity with generally accepted principles of professional appraisal societies, who is also a member of the Appraisal Institute, or similar professional appraisal organization. (Ord. 91-06-1100 § 1 (part))

"Reconstruction" means the excavation, grading or construction of property or a structure that replaces, and is equivalent in size, square footage, kind and use to, the damaged or destroyed property or structure. (Ord. 91-06-1100 § 1 (part))

"Very low and low income persons" means persons whose annual income meets the criteria applicable to Signal Hill set by the State Department of Housing and Community Development. (Ord. 91-06-1100 § 1 (part))