Chapter 7.76 — CLEAN STORMWATER FUND

Sections: 7.76.010 Findings and purpose. 7.76.020 Definitions. 7.76.030 Establishment--Calculation of fee. 7.76.040 Exemption for very low-income property owners. 7.76.050 Clean stormwater fund established--Uses of funds. 7.76.060 Collection--Interest and penalties. 7.76.070 Delinquent fees--Remedies. 7.76.080 Chapter exempt from California Environmental Quality Act.

Surface and stormwaters from the City of Berkeley’s stormwater drainage system are ultimately discharged into local creeks and the San Francisco Bay; due to contaminants from various sources, the stormwater so discharged has become increasingly and unacceptably polluted. The City desires to reduce the amount of pollutants that enter the stormwater drainage system, and hence, the natural waterways, and further desires to meet the mandates of federal and state requirements regulating stormwater quality, including the Alameda County Urban Runoff Clean Water Program and the National Pollutant Discharge Elimination System (NPDES) Permit.

Every owner of real property in the City of Berkeley makes use of and is served by the City’s stormwater drainage system; each owner’s burden on and benefit from the system is related to impervious surface area on the real property to the extent that land that cannot absorb water contributes significantly more surface and stormwater to the system than if the land is left undeveloped in its natural state. The fees imposed by this chapter upon real property owners are solely for the purpose of raising income and revenue necessary to improve the quality of stormwater discharged from the City’s stormwater drainage system. (Ord. 6070-NS § 1 (part), 1991)

"Clean stormwater activities" means programs required under the Alameda County Urban Runoff Clean Water Program and the NPDES Permit; operation and maintenance of the City’s stormwater drainage system; capital improvements to repair, rehabilitate, or replace components of the stormwater drainage system; any other activities related to the foregoing; and the administration of this ordinance.

"Land use category" means that category of land use assigned to a parcel of real property as shown on the most current official assessment roll of the Alameda County Assessor.

"Parcel" means a unit of real property in one ownership as shown on the most current official assessment roll of the Alameda County Assessor; "parcel size" means the area of such a unit as determined from records maintained by Alameda County or the City of Berkeley, except, however, that parcel size shall not include the area of any real property that is lower than the elevation of "mean high water" for Berkeley, California, as defined in the most recent National Ocean Survey published by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration.

"Runoff factor" means the indicator of stormwater generation of a parcel and is based on the average ratio of impervious area to total parcel area for a category of land use.

"Standard Runoff Unit (RU)" means the average estimated amount of impervious area of parcels in the single- family residential land use category, and is the product of the average single-family residential parcel size multiplied by the runoff factor for single-family residential parcels:

5,490 sq. ft. x .4 = 2,196 sq. ft. (Ord. 6124-NS § 1, 1992; Ord. 6070-NS § 2, 1991)

Every person or entity who owns real property within the City shall pay a fee for clean stormwater activities. The annual fee for owners of parcels in all land use categories shall be calculated using the following formula: [(parcel size x runoff factor)/(RU)] x [rate per RU]. The standard runoff unit (RU) rate shall be established by City Council resolution.

The runoff factor for various land use categories shall be those set forth in the following table:

Land Use Category Runoff Factor

Single-Family Residential 0.4

07 - Mobile home in mobile home park
11 - Single-family residential
12 - Single-family res. with non-economic
second living unit
13 - Single-family res. with a slight
commercial use
16 - Single-family res. land with or subject
to communal improvements
17 - Single-family residential home
converted boarding or rooming house
with shared kitchen and/ or bath
18 - Planned development (tract type)
with commonly owned area
19 - Mobile home on single-family land
51 - Rural-residential homesites
(improved)

Duplex 0.4

22 - Double or duplex
25 - Residential property of two living
units either or both of which are lesser
quality than code 22

All Other Residential 0.6

21 - Two, three, or four single-family
homes
23 - Triplex; double or duplex together
with a single-family residential home
24 - Four living units, e.g. Fourplex; triplex
together with a single-family res. home;
two doubles or duplexes, etc.

Land Use Category Runoff Factor

26 - Residential property of three living units any or all of which are less quality than code 23. 27 - Residential property of four living units any or all of which are lesser quality than code 24. 28 - Residential property with two, three, or four identifiable living units together with rooming or boarding use 29 - More than one mobile home, or, one mobile home in addition to other residential living units, on residential land 52 - One or more mobile homes on rural homesites 71 - Five or more single-family residential homes 72 - Residential property converted to five or more units 73 - Condominiums 74 - Cooperatives 75 - Restricted income properties 76 - Fraternities and sororities 77 - Multiple residential properties (five or more units) 78 - Residential high-rise (7+ stories) 79 - Church homes 91 - Mobile home parks

Commercial 0.8

31 - One-story store
32 - Store on first floor with offices or
apartments
33 - Miscellaneous commercial
(improved)
34 - Department store

Land Use Category Runoff Factor

35 - Discount house
36 - Restaurant
37 - Shopping center
38 - Supermarket
39 - Commercial or industrial
condominium prior to sale of one unit.
Regular use code used on all but
common area after on sale of one unit.
53 - Rural property with significant
commercial use
80 - Car washes
81 - Commercial garages (repair)
82 - Automobile dealerships
83 - Parking lots
84 - Parking garages
85 - Service stations
86 - Funeral homes
87 - Nursing or boarding homes
88 - Hospital (convalescent or general)
89 - Hotels
90 - Motel
92 - Banks
93 - Medical-dental
94 - 1 to 5-story offices
95 - Over 5-story offices
96 - Bowling alleys
97 - Theaters (walk-in)
98 - Theaters (drive-in)
99 - Other recreational activities, such as
rink, stadiums, race tracks

Industrial 0.8

41 - Warehouse

Land Use Category Runoff Factor

42 - Light industrial 43 - Heavy industrial (factories, batching plants, etc.) 44 - Miscellaneous industrial (improved), not qualified for any other industrial code 48 - Terminals, trucking and distribution 49 - Wrecking yards 54 - Rural property with significant industrial use

Institutional 0.6

03 - Exempt public agencies
04 - Property leased by a public utility
05 - Property owned by a public utility
61 - Improved government-owned
property
64 - Schools
66 - Churches
67 - Other institutional properties
68 - Lodgehalls and clubhouses

Undeveloped land, Parks, and Golf Courses 0.2

10 - Vacant residential land zoned for
four units or less
30 - Vacant commercial land (may include
misc. Imps.)
40 - Vacant industrial land (may include
misc. Imps.)
50 - Vacant rural-residential homesites
(may include misc. Imps)
55 - Rural property used for agriculture
(more than 10 acres)

Land Use Category Runoff Factor

56 - Rural property in transition to a
higher use
57 - Vacant rural land not usable for even
agriculture
60 - Vacant land which is a necessary part
of an institutional property
63 - Golf courses
65 - Cemeteries
70 - Vacant apt. land capable of
supporting five or more units

(Ord. 6382-NS § 1, 1997; Ord. 6070-NS § 3, 1991)

The fee imposed by this chapter shall not apply to any owner of real property whose total gross household income from all sources, for the previous calendar year, is "very low-income." "Very low-income" is that income which does not exceed a level established by resolution of the City Council. Any owner claiming the exemption under this section shall be required to demonstrate their entitlement thereto annually by submitting an application and supporting documentation to the City in the manner and at the time established in regulations and/or guidelines hereafter promulgated by the City, subject to review by the City Council in its discretion. Such application shall be on forms provided by the City and shall provide and/or be accompanied by such information as the City shall require, including, but not limited to, federal income tax returns and W-2 forms. (Ord. 6070-NS § 4, 1991)

There is established in the City treasury a clean stormwater fund. Revenues collected from real property owners pursuant to this chapter shall be paid into the clean stormwater fund. Said revenues shall be expended only for clean stormwater activities, and shall not be expended for any other purpose. (Ord. 6070-NS § 5, 1991)

The City Manager is authorized to have the fees imposed by this chapter collected by the County of Alameda in conjunction with the county’s collection of property tax revenues for the City of Berkeley. In the event that the County of Alameda collects the fees imposed by this chapter, the imposition of penalties, additional fees and interest upon owners who fail to remit any fee imposed by this chapter, or who fail to remit any delinquent remittance under this chapter, shall be subject to and governed by the rules and regulations and procedures utilized by the County of Alameda in its collection of property taxes and fees for the City of Berkeley, and in its collection of this additional fee for the City of Berkeley.

Every penalty imposed and such interest as accrues under the provisions of this chapter shall become a part of the fee herein required to be paid. (Ord. 6070-NS § 6, 1991)

A. Delinquent fees are hereby made a lien upon the real property served by the stormwater drainage system.

B. The amount of any fee, penalty, and interest imposed under the provisions of this chapter shall be deemed a debt to the City.

C. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter. In any such action the City shall be entitled to reasonable attorneys’ fee and costs.

D. The remedies established in this chapter are cumulative and in addition to any other remedies available to the City for collection of the fees imposed herein. (Ord. 6070-NS § 7, 1991)

The council finds and declares that the provisions of this chapter are for the purpose of meeting operating expenses and obtaining funds for capital projects to maintain service within existing service areas, and are therefore exempt pursuant to Section 21080(b)(8) of the Public Resources Code (California Environmental Quality Act). (Ord. 6070-NS § 8, 1991)