Signal Hill Municipal Code Ch. 21.04 General

This title is intended to provide a method whereby the burdens of installing public improvements, the need for which is created by residential, commercial, and industrial development projects and which will benefit certain land in addition to such development projects, will be required to be borne by all of the land so benefitted. Areas of benefit may be identified and fees chargeable to such lands may be imposed in accordance with the procedures set forth in this title. It is further the intent of this title that all such development projects which impact surrounding properties and create a need for new or expanded public improvements be required to dedicate land, construct improvements and/or pay impact fees sufficient to mitigate all adverse environmental and infrastructure impacts. To this end, areas of impact may be identified, the need for improvements within such area determined, and the proportionate responsibility of any development project for such cost fixed by the method or methods set forth in this title. This may be done within certain areas of the city prior to the submission of development projects or in connection with specific development project applications.

(Ord. 91-06-1100 § 1 (part))

All development projects which are not otherwise exempt pursuant this chapter shall be reviewed in accordance herewith to determine whether the project will be required to construct and dedicate to the city public improvements within the area of impact of the development project, or whether the project will be required to pay, in-lieu, developer impact fees. The level of construction and dedication, or level of fees, shall be as determined hereunder. The city shall have the sole and absolute discretion to determine whether the share of public improvements allocated to a given project shall be assumed by direct construction and dedication or by payment of an impact fee.

(Ord. 91-06-1100 § 1 (part))

All public improvements provided in accordance with this title shall meet the standards, specifications and requirements of the general plan of the city, including the circulation element, and any specific plan adopted thereto, and any other ordinance, resolution, policy, or standard of the city.

(Ord. 91-06-1100 § 1 (part))

The authority created hereunder for the imposition of impact fees shall be in addition to any other authority established by this code and shall not supersede any other provisions or authority adopted by ordinance or resolution of the city council unless expressly stated herein. The city council may adopt by ordinance or resolution impact fees in addition to those specified in this title. Notwithstanding the foregoing, nothing herein shall authorize any excessive fee which is not reasonably necessary to meet the public needs arising as a result of the development project.

(Ord. 91-06-1100 § 1 (part))

The following development projects shall be exempt from the provisions of this title:

A. Any addition to or modification, improvement, or reconstruction to an existing single-family residential unit;

B. The reconstruction of any residential, commercial, or industrial structure which has been damaged or destroyed, or reconstruction for the purpose of preserving or rehabilitating residential housing, except to the extent the reconstruction results in assessable lot area or chargeable space in excess of that of the structure or property that was damaged or destroyed. In such event, the applicant shall pay fees or provide dedication imposed under this title only upon the assessable lot area or chargeable space by which the reconstructed structure or property exceeds that of the original structure or property.

C. Single-Family Residential Dwellings Located in the Crescent Heights Historic District. Single-family residential dwellings located in the Crescent Heights Historic District developed in accordance with all provisions of the Crescent Heights Historic District specific plan as defined in Chapter 20.31 shall be exempt from impact fees in accordance with the following:

1. True restorations of residential dwellings originally constructed in the above-mentioned style before 1940 and relocated to the Crescent Heights Historic District shall be exempt from all impact fees.

2. Construction of new residential dwellings constructed in the above-mentioned style shall be exempt from one-half of all impact fees.

The determination of qualification for this exemption and the amount of exemption shall be determined during site plan review by the director of community development, who shall have the right to subsequently revoke his determination if the applicant does not build according to plans submitted. Appeal of the determination shall be conducted pursuant to Section 21.12.060 of this code.

(Ord. 2003-10-1323 § 7: Ord. 91-06-1100 § 1 (part))