Los Angeles Municipal Code Art. 4.2 Stormwater Pollution Abatement Charge

For purposes of this article, the following definitions shall apply:

(a) “Storm Drainage” – The excess water of the community received by the storm drain system. From the standpoint of source, it may be a combination of the runoff from residences, commercial buildings,

industrial plants and institutions, together with any groundwater and surface water that may be present.

(b) “Storm Drain System” – All of the property involved in the operation of the storm drainage collection and disposal system for the City of Los Angeles, including conduits, natural or artificial drains,

channels and watercourses, together with appurtenances, pumping stations and equipment.

(c) “Average Storm Drainage” – The average amount of storm drainage which enters the storm drain system from a premises, based on run-off factors established by the Los Angeles County Flood Control

District as defined in Section 64.51.05 of this article.

(d) “Adjustment” – A determination that the volumetric amount of storm drainage which enters the storm drain system from a premises is deemed to be a defined amount substantially different from the average

storm drainage.

(e) “User” – An owner whether private, governmental, or otherwise of a unit, building, premises or lot in the City of Los Angeles.

(f) “Governmental” – A municipal corporation, city and county, county, state, federal, governmental, political or quasi-public unit, body, agency or entity.

(g) “Parcel” – Means a parcel of real property in the City of Los Angeles as shown on the local secured tax rolls of the County of Los Angeles.

(h) “Board” – The Board of Public Works of the City of Los Angeles.

(i) “Owner” – The legal owner of the parcel of real property, except when the legal owner of said real property is such due to the holding of a mortgage, note or other such security, in which case the “owner”

shall be deemed to be the beneficial owner of said parcel of real property.

(j) “Run-Off Factor” – A number that represents the amount of average storm drainage from a parcel for a particular land use. Section 64.51.05 of this article contains a table of run-off factors for each land use

type as established by the Los Angeles County Flood Control District and used in the calculation of Equivalent Dwelling Units for a parcel.

(k) “Basic Assessment Unit (BAU)” – The proportionate run-off from the average single-family residential parcel. The average single-family residential parcel has an area of 0.1526 acres (6,650 square feet)

and a run-off factor of 0.4176. The product of these (0.0637) is defined as the Basic Assessment Unit.

(l) “Equivalent Dwelling Unit (EDU)” – The number of Basic Assessment Units a particular parcel represents and is determined using the following formula:

(parcel area in acres) × (parcel run-off factor)

EDU = Basic Assessment Unit

(m) “Base Charge” – The fee/charge paid by the average single-family residential parcel owner. The average single-family residential parcel consists of one (1.0) Equivalent Dwelling Unit.

(a) There is hereby imposed a Base Charge of $23.00 per Equivalent Dwelling Unit on each parcel for the receiving, transporting, pumping, treatment and/or disposal of storm drainage through the storm drain system, said Base Charge being effective beginning July 1, 1993. (Amended by Ord. No. 168,980, Eff. 9/12/93.)

(b) The Stormwater Pollution Abatement Charge (SPAC) for each parcel shall be calculated by applying the following formula:

SPAC = Base Charge × EDU

The parcel run-off factor shall be determined according to Section 64.51.05 of this article.

(Amended by Ord. No. 175,397, Eff. 9/21/03.)

USE CODE LAND USE AREA BREAKDOWN RUN-OFF FACTOR USE CODE LAND USE AREA BREAKDOWN RUN-OFF FACTOR RESIDENTIAL 0100 Single UpAreatoin0.3257excessacreof 0.3257 acre 0.41760.0190 010C Condominium UpAreatoin0.3257excessacreof 0.3257 acre 0.81940.0190 010D Planned residential development UpAreatoin0.3257excessacreof 0.3257 acre 0.41760.0190 010E Condominium conversion UpAreatoin0.3257excessacreof 0.3257 acre 0.81940.0190 010F Cooperative UpAreatoin0.3257excessacreof 0.3257 acre 0.81940.0190 010H Own-your-own UpAreatoin0.3257excessacreof 0.3257 acre 0.81940.0190 010M Modular homes UpAreatoin0.3257excessacreof 0.3257 acre 0.41760.0190

0200 Double, duplex or two-unit UpAreatoin0.6514excessacreof 0.6514 acre 0.41760.0190 0300 Three-unit (any combination) UpAreatoin0.9771excessacreof 0.9771 acre 0.68150.0190 0400 Four-unit (any combination) UpAreatoin1.3028excessacreof 1.3028 acre 0.81940.0190 0500 Five or more units or apartments All lot areas 0.8553 0700 Mobilehomes UpAreatoin0.3257excessacreof 0.3257 acre 0.41760.0190 0800 Rooming houses All lot areas 0.6815 0900 Mobilehome parks All lot areas 0.8194 COMMERCIAL 1000 Open All lot areas 0.4733 1100 Stores All lot areas 0.9086 1200 Store combinations All lot areas 0.9086 1300 Department stores All lot areas 0.9850 1400 Supermarkets All lot areas 0.9762 1500 Shopping centers (neighborhood) All lot areas 0.9578 1600 Shopping centers (regional) All lot areas 0.9461 1700 Office buildings All lot areas 0.9086 1800 Hotels and motels All lot areas 0.9578 1900 Professional buildings All lot areas 0.9578 2000 Open All lot areas 0.4733 2100 Restaurants and cocktail lounges All lot areas 0.9461 2200 Wholesale and manufacturing outlets All lot areas 0.9086 2300 Banks and savings & loans All lot areas 0.9578 2400 Service shops All lot areas 0.9461 2500 Service stations All lot areas 0.9578 2600 Auto, recreation & construction equipment sales & service All lot areas 0.9461 2700 Parking lots All lot areas 0.9461 2800 Animal kennels All lot areas 0.9578 2900 Nurseries or greenhouses UpAreatoin0.4136excessacreof 0.4136 acre 0.47330.0190 INDUSTRIAL 3000 Open All lot areas 0.4733 3100 Light manufacturing All lot areas 0.9086 3200 Heavy manufacturing All lot areas 0.9086 3300 Warehousing distribution & storage All lot areas 0.9086 3400 Food processing plants All lot areas 0.9578 3500 Motion picture & radio/television industries All lot areas 0.8194 3600 Lumber yards All lot areas 0.9578 3700 Mineral processing All lot areas 0.4733 3800 Parking lots All lot areas 0.9086

3900 Open storage All lot areas 0.6551 FARM 4000 Irrigated – open All lot areas 0.0190 4100 Irrigated – fruits & nuts All lot areas 0.0190 4200 Irrigated – vineyards All lot areas 0.0190 4300 Irrigated – vines & bush crops All lot areas 0.0190 4400 Irrigated – truck crops All lot areas 0.0190 4500 Irrigated – field crops All lot areas 0.0190 4600 Irrigated – pasture All lot areas 0.0190 4700 Irrigated – dairies All lot areas 0.0190 4800 Irrigated – poultry All lot areas 0.0190 4900 Irrigated – feed lots All lot areas 0.0190 5000 Dry – open All lot areas 0.0190 5100 Dry – fruits & nuts All lot areas 0.0190 5200 Dry – vineyards All lot areas 0.0190 5300 Dry – field crops All lot areas 0.0190 5400 Dry – pasture All lot areas 0.0190 5500 Dry – timber (pine) All lot areas 0.0190 5600 Dry – timber (fur) All lot areas 0.0190 5700 Dry – timber (redwood) All lot areas 0.0190 5800 Dry – desert land All lot areas 0.0190 5900 Dry – waste land All lot areas 0.0190 6000 Open All lot areas 0.0190 6100 Theatres All lot areas 0.9086 6200 Open All lot areas 0.0190 6300 Bowling alleys All lot areas 0.9850 6400 Clubs, lodge, halls, fraternal organizations All lot areas 0.9086 6500 Athletic and amusement facilities All lot areas 0.6551 6600 Golf courses All lot areas 0.0289 6700 Race tracks All lot areas 0.6551 6800 Camps All lot areas 0.0190 6900 Skating rinks All lot areas 0.4733 INSTITUTIONAL 7000 Open All lot areas 0.4733 7100 Churches All lot areas 0.8194 7200 Schools All lot areas 0.8194 7300 Colleges and universities All lot areas 0.4733 7400 Hospitals All lot areas 0.7435 7500 Homes for aged and others All lot areas 0.6815 7600 Open All lot areas 0.4733 7700 Cemeteries, mausoleums, and mortuaries All lot areas 0.0000 7800 Open All lot areas 0.4733 7900 Open All lot areas 0.4733 MISCELLANEOUS 8000 Open All lot areas 0.0190 8100 Utilities All lot areas 0.4733 8200 Mining All lot areas 0.0190 8300 Petroleum & gas All lot areas 0.1279 8400 Pipelines & canals All lot areas 0.0000 8500 Rights-of-way All lot areas 0.0190 8600 Water rights All lot areas 0.0000 8700 River, lakes & quarries

Pipelines & canals All lot areas 0.0000 8500 Rights-of-way All lot areas 0.0190 8600 Water rights All lot areas 0.0000 8700 River, lakes & quarries All lot areas 0.0000 8800 Government owned properties All lot areas 0.0000 8900 Dump sites All lot areas 0.0190 9200 Horse stables All lot areas 0.0315 9300 Unclassified All lot areas 0.0000 9800 Non-numeric use codes UpAreatoin0.3257excessacreof 0.3257 acre 0.41760.0190 9900 Zero – zero use codes UpAreatoin0.3257excessacreof 0.3257 acre 0.41760.0190 VACANT None All See notes for area breakdown 0.0190

NOTES:

1. Parcel identification numbers and corresponding use codes are taken from the Los Angeles County Department of Public Works records for Flood Control Benefit Assessment.

2. A vacant designation (V) with a corresponding run-off factor of 0.0190 is assigned to the total area of those parcels whose improvement value is $4,000 or less (except parcels with use codes 2700 and 3800 and for 800 series parcel numbers).

3. A vacant designation (V) with a corresponding run-off factor of 0.0190 is assigned to the vacant portion of parcels whose improvement value is more than $4,000 if it is determined that the vacant portion is significant.

4. Parcels with superseded use codes 010A and 010B that are still remaining on the Los Angeles County Assessors records are assigned use codes of 010F and 010H, respectively.

5. Parcels with unrecognizable use codes are assigned a use code of 9800 or 9900 and are assessed in the same manner as use code 0100 parcels.

6. Parcels with unknown areas are assigned an area of 0.1526 acre (the median single-family residential parcel size).

7. Government owned parcels, denoted with 270 through 300 and 900 series parcel numbers by the Assessor, are not assessed.

8. The areas of common area parcels of cluster-type developments are divided equally among the development owners.

(a) The Stormwater Pollution Abatement Charge for each parcel shall be collected by and be payable to the Los Angeles County Tax Collector along with the general taxes levied for City and County purposes and shall be subject to the same penalties and enforcement provisions relating to general taxes. (Amended by Ord. No. 168,980, Eff. 9/12/93.)

(b) If any portion of the levy, collection or expenditure of the Stormwater Pollution Abatement Charge provided for herein is declared invalid or unconstitutional, the remaining levy, collection or expenditure of the Stormwater Pollution Abatement Charge shall not be affected but remain in full force and effect.

(Amended by Ord. No. 175,397, Eff. 9/21/03.)

(a) The Board shall establish rules and regulations for the filing, review and determination of adjustments and exemptions, and consistent with the terms of this section, for any appeals to the Board from determinations pursuant to this section.

(b) The Board shall have the power to provide for adjustments determined by the Board, which reflect, as reasonably as possible, the receipt from a premises into the storm drain system of quantities of storm drainage that may be substantially different from average storm drainage, as this term is used in this section. In addition the Board shall have the power to provide for exemptions.

(c) Where a determination or adjustment or exemption has become final as provided in this section, future tax bills shall reflect the adjustment unless otherwise determined by the Board.

(d) Any user may apply in writing for an adjustment to the office designated by the Board within 30 days from the date the tax bill is mailed or delivered with respect to the period for which the user seeks adjustment.

(e) The Board shall provide for action to be taken and determination to be made upon each application for adjustment or exemption within 30 days from the date the application is filed, whenever reasonably possible, and shall cause the applicant to be immediately notified in writing of any determination on the application for adjustment. The City may request production of additional information from the applicant, and if the applicant fails to produce the requested information within 30 days from the date of mailing of the request, proceedings may be terminated or other action may be taken by the Board as it deems appropriate.

(f) Any person who has filed an application for adjustment or exemption and received a determination, and who has complied with the procedures of this section, may appeal the determination to the Board pursuant to procedures, rules and regulations adopted by the Board for that purpose. An appeal must be filed within ten days following the date of mailing notice of the determination on the request for adjustment or exemption. The Board shall set a time for hearing the matter, and shall mail written notice of the hearing no fewer than ten days prior to the date of the hearing to the person who has filed. The notice shall be mailed postage prepaid to the address designated on the appeal, and also to the address shown on the original application for adjustment if that address is different.

(g) A hearing upon an appeal shall be set, whenever reasonably possible, no later than 30 days after the date of filing the appeal. The Board may continue the hearing from time to time in its discretion, and shall make a written determination upon the appeal within 15 days from the conclusion of the hearing and provide a copy of the determination to the person who filed the appeal.

(h) Any person who has complied with the procedures of this section, may, within ten days of the mailing date of the Board’s written determination, referred to in (h) above, appeal the decision to the City Council by filing a notice of appeal with the City Clerk. This notice of appeal shall be in writing and set forth specifically where the appellant believes there was an error or abuse of discretion on the part of the Board. The Council may then set a time for hearing the matter, and shall mail written notice of that hearing no fewer than ten days prior to the date of the hearing to the person who has so filed. The notice shall be mailed as provided in (f) above. If the City Council fails to act within 30 days after the day of the filing or the appeal with the City Clerk the appeal shall be deemed denied.

(i) An adjustment or exemption determination shall become final upon the termination of time for filing an appeal to the City Council as provided for in this section where no appeal has been filed. In the event an appeal has been timely filed, the City Council’s ruling on the appeal shall be final and the City Council shall notify the Board of its determination. In either event, the Board shall cause written notice of the final adjustment determination to be immediately given to the City Clerk.

The filing of an application for adjustment or exemption, or of an appeal to the Board or City Council from a determination, shall not stay the continued and further billing of SPAC during the course of time consumed in the proceedings, but any billing during this time may be adjusted, if appropriate, at the termination of the proceedings pursuant to and in conformance with the determination made on the matter. However, acceptance of any payment by the Los Angeles County Tax Collector on behalf of the City subsequent to an application for adjustment shall not preclude billing and collection of a sum different from, or in excess of, the payments and in conformance with the final determination.

(j) Upon the discovery of any mistake or error pertaining to the application of the Use Code, Area, or Run-Off Factor that affects the amount of SPAC for a parcel as calculated by the Los Angeles County Tax Collector, the City shall request that the County make the appropriate adjustments for future billings. The City shall have authority to issue any refund due to the property owner(s).

(k) Any refunds or adjustments authorized by this Section are subject to the following:

If the amount to be refunded or adjusted does not exceed $10,000, the Director or the designated head of the Bureau of Sanitation or designee is authorized to adjust the billing or submit the appropriate refund to

the property owner(s).

If the amount to be refunded or adjusted is greater than $10,000, the Board of Public Works must approve authorization for the refund or adjustment.

If the amount to be refunded or adjusted exceeds the intra-departmental transfer limit pursuant to City Charter Section 343(a), (b) and (c), the City Council must approve authorization for the refund or

adjustment.

There is hereby established a special fund in the City Treasury entitled Stormwater Pollution Abatement Fund. The Council shall designate by ordinance those monies which shall be deposited on a regular basis into the Fund. Monies deposited into the Fund shall not be subject to reversion to the Reserve Fund.

Monies deposited into the Fund shall be expended only for storm drain and storm drainage-related purposes including but not limited to stormwater pollution control. Expenditures shall be made from the Fund as provided in the General City Budget or by Council resolution unless provided otherwise by ordinance, except however that monies in the Fund which were received by the City subject to any limitations on their use may only be expended in accordance with those limitations.

All Stormwater Pollution Abatement Charge moneys collected for the City shall be placed and deposited into the Stormwater Pollution Abatement Fund established by Section 64.51.11 of this Code, such moneys to be expended for the purposes set forth in Section 64.51.03(a), of this article to pay for any refunds, billing, collection and administration costs related to the Stormwater Pollution Abatement Charge and as security and payment of the principal and interest, premiums, if any, of bonds and other obligations issued or incurred for storm drain related purposes and to otherwise comply with, be in accordance with, or be in furtherance of, any provisions of law relating to the issuance of such bonds or other obligations and the resolutions under which such bonds or other obligations are issued or incurred. The Board is hereby authorized to draw demands upon such fund where necessary to pay the Los Angeles County Tax Collector for its administrative and other costs in connection with refunds, billing and collecting such Stormwater Pollution Abatement Charge pursuant to arrangements made as set forth in Section 64.51.07(a) of this article.

Monies collected from waivers pursuant to Chapter VI, Article 4.4, Section 64.72.02 of the Los Angeles Municipal Code shall be placed and deposited into the Stormwater Pollution Abatement Fund. Such monies shall only be expended to promote regional or alternative solutions for stormwater pollution prevention. (Para. Added by Ord. No. 173,494, Eff. 9/14/00.)

(Amended by Ord. No. 173,362, Eff. 7/28/00.)

The Board shall annually review the Stormwater Pollution Abatement Charge and recommend to the City Council relative to any necessary rate adjustments so as to ensure that each user will pay the user’s proportionate share of the costs of storm drainage services.

To insure continued compliance with the Permit and with applicable federal and state laws, regulations, standards and orders, the Board of Public Works and the Office of Administrative Research Services shall annually recommend a “Proposed Stormwater Pollution Abatement and Flood Control Financial Program” for the upcoming fiscal year for the consideration by the appropriate City Council committee(s) by the month of November.

If any section, clause or provision of this article is held to be invalid or unenforceable, the remainder of the article shall continue in full force and effect.