Signal Hill Municipal Code Ch. 21.12 Application and Improvement Study Determination

At the time the developer submits an application for a development project under any other provision of this code, the developer shall submit a written request to the director of community development for a determination of whether an improvement study or studies are required under this title. The request shall be submitted on a form prescribed by the director of community development, and shall contain such information as may allow the director of community development to assess the fiscal and infrastructure impacts of the proposed development project, including but not limited to, a site plan, circulation plan, description of the type of development project, a projection of the total peak hour and aggregate vehicle trips generated by the development project, the number of permanent jobs the development project is expected to generate, the density of the development project, a projection of sewer, water, utility and other impacts of the development project, and the anticipated cumulative impact of other known development projects.

(Ord. 91-06-1100 § 1 (part))

A. Within thirty days after submission of an otherwise complete application for a development project by the developer, including the request for determination whether an improvement study is necessary, the director of community development shall determine whether an improvement study shall be prepared, and shall notify the developer in writing of this determination.

In making this determination, the director of community development shall consider such factors as the size of the proposed development project, the number of acres included, the number of units, whether residential or commercial/industrial, total square footage, projected density, traffic and employment generation, and the development project's potential environmental impacts.

B. The decision whether to require an improvement study shall be within the discretion of the director of community development. The director of community development may require an improvement study if any of the following conditions exist:

1. The development project will create or substantially contribute to the need for improvements for which no impact fee then exists;

2. The impacts generated by the development project will require extraordinary improvements, the scope or nature of which has not adequately been identified in any previous engineer's report, capital improvement plan, master plan, or other study;

3. The timing or location of the development project will require significant area-wide improvements before the development project can be completed without a threat to the public health, safety, or welfare; or

4. Surrounding properties will be significantly benefitted by construction of improvements in connection with the development project, and is capable of providing reimbursement as may be required under Chapter 21.32.

C. In the event that the director of community development determines that an improvement study is required, no application for any development project or other land use entitlement shall be accepted as complete until the improvement study is completed.

(Ord. 91-06-1100 § 1 (part))

A. The improvement study shall be prepared for the benefit of and under the direction of the city, at the sole expense of the developer.

B. The improvement study shall identify all of the following:

• 1. The area of impact of the development project;
• 2. The impacts which will occur within the area;
• 3. Other land benefitted by the improvements;

4. The improvements which will be required upon the ultimate development of all the land in the area;

5. A phasing plan showing when development of land in the area is likely to occur, and when the improvements will need to be completed to meet the needs created by such development;

6. Those local and area-wide improvements which should be constructed as part of the development project;

7. Those impact fees which should be provided by the development project, and those impact fees which should be reimbursed to the development project.

C. If a prior improvement study exists which addresses the items listed in subsection B of this section for the development project, and there have been no substantial changes in the matters included in the improvement study or the surrounding facts or circumstances, such that the prior improvement study can be determined to still be accurate or easily updated to become currently accurate, the director of community development may, in his or her sole discretion, permit the prior improvement study to be adopted as the improvement study for the development project, or to be updated as may be necessary to meet the requirements of this chapter.

(Ord. 91-06-1100 § 1 (part))

If within thirty days after submission of an otherwise complete application for a development project by a developer, the director of community development determines no improvement study is necessary for the development project, the payment of impact fees as set forth in this title shall be imposed as a condition of approval at the time of site plan review, and collected as specified hereunder.

(Ord. 91-06-1100 § 1 (part))

A. The determination of the director of community development regarding the improvement study may be appealed by any interested person to city council within ten days of the director's written notification of same. A notice of appeal shall be provided to the city clerk in writing. City council may by resolution require payment of a fee by the person bringing the appeal in an amount not to exceed the reasonably estimated costs of processing the appeal.

B. Upon receiving a written notice of appeal, the city clerk shall schedule a hearing on the matter for the next available city council agenda. The hearing shall be limited to whether the director of community development reasonably determined that an improvement study is necessary for the development project. Upon closing the hearing, city council shall uphold, modify, or overrule the determination of the director of community development. The appeal hearing may be continued by city council from time to time.

C. No application for any development project or other land use entitlement shall be accepted as complete until the time period for the appeal has passed, or until any appeal taken has been finally resolved.

(Ord. 91-06-1100 § 1 (part))