San Clemente Municipal Code Ch. 13.34 Clean Ocean Fee Program

The purpose of the clean ocean fee program is to provide for: (1) improving the quality of storm and surface water; (2) the planning, permitting, design, construction, operation, maintenance, regulation, inspection, improvement and replacement of the City's storm drainage facilities and management and administration thereof; and (3) complying with applicable local, State, and Federal storm water regulations. In order to properly fund such services and facilities, the City Council has determined that it is necessary to impose on developed property and undeveloped, graded property a clean ocean fee (the "fee"). The City Council finds that the fee, as established below, is reasonably related to the costs of providing the services and facilities for which the fee is charged.

(Ord. 1454 § 1 (part), 2007)

For purposes of this chapter, the following terms shall have the ascribed meanings:

"Assessee" shall mean the person obligated to pay the fee.

"City" shall mean the City of San Clemente.

"Developed parcel" shall mean any lot or parcel of land which has been altered from its natural state by the construction, creation, or addition of impervious area, except public streets and highways and appurtenant improvements thereto, such as curbs and sidewalks.

"Engineer" shall mean the Utilities Director of the City of San Clemente or his or her designee.

"Equivalent drainage residential unit (DRU)" shall mean the basic unit for the computation of the fee, and is based upon the average amount of impervious area of a single-family residential parcel.

"Impervious area" shall mean any part of any parcel that has been modified by the action of any person in a manner which reduces the land's natural ability to absorb and hold storm and surface water. This includes the grading of the property and/or creation of any hard surface area which either prevents or retards the entry of water into the soil mantle, and/or the hardening of an existing surface which causes water to flow at an increased rate. By way of example, common impervious areas include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel, roads, or any cleared, graded, paved, graveled or compacted surface or paved earthen materials, or areas covered with surfaces which similarly impede the natural infiltration of surface water into the soil mantle.

"Multi-family residential property" shall mean all residentially zoned, developed parcels containing two (2) or more dwelling units. This includes apartments, condominiums, timeshares, hotels and motels.

"Nonresidential property" shall mean all developed parcels zoned or used for commercial, industrial, retail, governmental or institutional uses.

"Parcel" shall mean the smallest separately segregated lot, unit or plot of land having an identified owner, boundaries and surface area which is documented for property tax purposes and given an Assessors' parcel number by the Orange County Assessor.

"Single-family residential property" shall include all developed parcels with one (1) single-family detached housing unit.

"Storm and surface water" shall mean water occurring on the surface of the land from precipitation, and surface or subterranean water from any source, regardless of whether such water is falling or flowing onto land in question.

"Storm and surface water control facilities" shall mean all manmade structures or natural watercourse facility improvements, developments, properties or interest therein, which are or have been made, constructed or acquired for the collection and conveyance of storm and surface water runoff to improve the quality of controlling or protecting life or property from any storm, flood or surplus waters.

"Storm drainage facilities" shall mean the storm and surface water drainage systems comprised of storm and surface water control facilities and any other natural features which store, control, treat and/or convey storm and surface water. Storm drainage facilities shall include all natural and manmade elements used to convey storm water from the first point of impact with the surface of the earth to a suitable receiving body of water or location internal or external to the boundaries of the City. Storm drainage facilities include all pipes, appurtenant features, culverts, streets, curbs, gutters, pumping stations, channels, streams, ditches, wetlands, detention/retention basins, ponds and other storm and surface water conveyance and treatment facilities, whether public or private.

"Undeveloped, graded parcel" shall mean parcels which have been altered, in whole or in part, through a process of clearing, grading or earth moving and compaction so as to alter the perviousness of the parcel, thereby increasing storm and surface water runoff.

"Undeveloped parcel" shall mean any parcel which has not been altered from its natural state either by grading, or the construction, creation or addition of impervious area, or has been restored to its natural state of perviousness through planting or landscaping, as determined by the Engineer.

(Ord. 1454 § 1 (part), 2007; Ord. No. 1648, § 7, 12-5-2017)

There is imposed on each and every developed parcel and each and every undeveloped, graded parcel within the City and the owner and occupiers thereof, jointly and severally, the City of San Clemente clean ocean fee (the "fee"). The fee is found to be reasonably related to the cost of providing storm drainage facility services for the parcels assessed the fee. The fee is reasonable and is necessary to pay for: (1) improving the quality of storm and surface water; (2) the planning, permitting, design, construction, operation, maintenance, regulation, inspection, improvement and replacement of the City's storm drainage facilities; and (3) complying with applicable local, State, and Federal stormwater regulations. The fee will take effect on February 7, 2014 and will expire on June 30, 2020.

(Ord. 1454 § 1 (part), 2007)

(Ord. No. 1577, § 2, 1-7-2014)

The fee shall be based upon the applicable parcel's contribution of storm and surface water runoff into the City's storm drainage facilities, as expressed in drainage residential units ("DRU") or portions thereof. The fee ("DRU Value") is established at five dollars and ten cents ($5.10) per DRU per month for parcels on private streets and six dollars and twenty-three cents ($6.23) per DRU per month for parcels on public streets. The City's Street Assessment District database shall be used to determine whether a street is classified as a private or public street. The following schedule is hereby established for parcels in the City:

(Ord. 1454 § 1 (part), 2007)

(Ord. No. 1577, § 3, 1-7-2014)

The fee shall be billed for all assessable parcels within the City as either a separate charge on the City's utility bill or as a separate bill for those parcels within the City which do not currently receive City utility service. The amount billed shall become a personal obligation of the person listed as the utility customer or, for parcels not currently receiving City utility service, a personal obligation of the record owner of the parcel as shown on the latest Assessor's tax roll. The fee shall be due and payable on the date the bill is prepared, and shall be considered delinquent if payment is not received within thirty (30) days of the date the payment is due and payable. The City shall impose a ten (10) percent nonpayment penalty on all delinquent accounts. An additional one and one-half (1 ½) percent penalty shall be imposed for each additional thirty (30) day period the amount remains unpaid. If the bill is not paid within sixty (60) days of the date the payment is deemed delinquent, the amount owing shall constitute a lien against the parcel receiving the service, and the City shall include a statement on the bill notifying the assessee of the lien as provided for in Health and Safety Code Section 5473.11. The lien shall remain in effect for three (3) years unless extended, and shall be released upon payment of the delinquent amount plus all penalties associated therewith. The City may, in addition to or instead of the methods of fee collection described above, contract with other public or private utilities for collection in conjunction with their utility bills or the County of Orange Tax Assessor for collection on the tax rolls.

(Ord. 1454 § 1 (part), 2007)

Any assessee affected by any decision, action or determination made by the Engineer interpreting or implementing the provisions of this chapter or any permit issued herein, may file an appeal of the decision with the Engineer within ten (10) days of the issuance of the decision, setting forth in detail the facts supporting the assessee's appeal. Such facts may include, but not be limited to, evidence that the parcel maintains its own storm drainage facility and does not contribute storm and surface water to the City's storm drainage facilities. The appeal shall be heard by the Utilities Director or his or her designee within thirty (30) days of receipt of the appeal request. The Utilities Director shall render a decision on the appeal within fifteen (15) days of concluding the appeal hearing.

(Ord. 1454 § 1 (part), 2007; Ord. No. 1648, § 7, 12-5-2017)

The revenue generated from the fee shall, upon receipt, be placed in the clean ocean fee account. The revenue generated from the fee shall be used for the purposes specified in this chapter, and all costs related thereto.

(Ord. 1454 § 1 (part), 2007)