San Jose Municipal Code Part 4 Storm Drainage Fees

The purpose of the storm drainage fees herein established is to derive revenue which shall be used only for the construction, reconstruction and maintenance of the storm drainage system of the City of San José and for the acquisition of land for such system.

(Prior code § 7379; Ord. 21016.)

For the privilege and benefit to his land of discharging storm water, surface water, groundwater, roof runoff or subsurface drainage from his land directly or indirectly into the storm drainage system of the city, and also for the benefits accruing to his land because of the existence of a city storm drainage system which collects and disposes of waters from other lands in the city, the person owning such land so privileged and benefited shall be required to pay storm drainage fees to the City of San José.

(Prior code § 7380.)

For the purposes hereinabove specified in this Part 4, the storm drainage fees hereinafter specified in this chapter are hereby prescribed and imposed on all land privileged and/or benefited in the manner described in Section 15.16.910. Such fees shall be paid to and collected by the city for the construction, reconstruction and maintenance of the storm drainage system of the city, and for the acquisition of land for such system. The amount of said fees shall be as provided in this Part 4, and shall be payable and collected as hereinafter provided.

(Prior code § 7381; Ord. 21016.)

Storm drainage fees for any land privileged and/or benefited in the manner described in Section 15.16.910 shall be paid to the director of finance at the earliest of the following dates:

A. When the owner thereof improves such land by the construction or modification of buildings or structures thereon, or grades or paves such land;

B. When a building permit is issued to the owner thereof to improve such land by the construction or modification of buildings or structures thereon or to grade or pave such land;

C. When such land is connected by means of a lateral to the storm drainage system of the city; or

D. If such land is proposed to be divided into two or more parcels so as to constitute a subdivision within the meaning of Section 19.08.440 of the San José Municipal Code, before the final subdivision map or parcel map for such land is recorded; except that such fees shall not be required to be paid for any parcel or parcels within a minor subdivision as defined in Section 19.08.290 and exempted from the provisions and requirements of the normal subdivision regulations of the city under Section 19.20.020 at the time of recordation of the parcel map therefor, but shall be required to be paid at the earliest of the following dates:

1. When application is made to connect to the storm sewer system of the city;

2. When the owner thereof improves such parcel or parcels by the construction or modification of buildings or structures thereon or grades or paves such parcel or parcels;

3. When a building permit is issued to the owner thereof to improve such parcel or parcels by the construction or modification of buildings or structures thereon or to grade or pave such parcel or parcels; or

4. When such parcel is, or parcels are, "connected by means of a lateral to the storm drainage system of the City of San José."

(Prior code § 7382.)

All storm drainage fees collected pursuant to the provisions of this part shall be placed into a special fund which is hereby created and established for such purpose and which shall be known as the "storm drainage fee fund." Such revenue so placed and deposited in such fund may be used for the construction, reconstruction and maintenance of the storm drainage system of the city and for the acquisition of land for such system and for no other purpose or purposes; provided, however, that the amount of funds used for maintenance purposes in a fiscal year shall not exceed five percent of the storm drainage fees collected during that fiscal year.

(Prior code § 7383; Ord. 21016.)

Notwithstanding any contrary provisions in Part 3 or in this Part 4, the purpose of the storm drainage fees and the use for which such fees can be expended from the storm drainage fee fund shall include expenses for preliminary project engineering for the storm drainage system of the city. For the purpose of this section, "preliminary project engineering" means and includes studies to define the scope and magnitude of storm drainage problems in the city, to decide on the priority in which such problems should be solved, and to determine the size and type of storm drainage facilities to solve the problems. Expenses of such engineering shall include salaries, mileage costs, materials, equipment, and contractual services for outside services and purchases such as aerial photography, surveys, consultants, and reproduction and title reports.

(Prior code § 7383.1; Ord. 18758.)

No building permit shall be issued after the effective date of the ordinance codified herein for the construction or modification of any building or structure on any land in the city which is privileged and/or benefited in the manner described in Section 15.16.910, nor shall any building or structure be constructed or modified on any such land or on any part thereof unless the storm drainage fees required by this Part 4 for such land have been paid.

(Prior code § 7384.)

No person shall connect his land to the storm drainage system of the city by means of a storm drainage lateral without obtaining a connection permit for such land connected. Application for said permit shall be made to the director of public works, on forms supplied for that purpose by the director of public works.

(Prior code § 7385.)

If the director of public works, in the exercise of reasonable discretion, determines that the application for a permit to connect his land to the storm drainage system of the city by means of a storm drainage lateral should be granted, and if the applicant has paid to the city the storm drainage fees which apply to such land, the director of public works may issue said applicant a permit to make the connection set forth in the application. All connections shall be made in accordance with all applicable provisions of the San José Municipal Code, including but not limited to Section 15.16.350, and in a manner satisfactory to the director of public works.

(Prior code § 7386.)

At the time storm drainage fees are paid to the city, the owner of the land for which such fees are paid shall supply the following data and information to the director of public works:

A. A plat drawn to scale of such land, which shall show the dimensions and gross area in acres of such land;

B. The locations and dimensions of any existing and/or proposed streets on such land or abutting such land;

C. A description of the buildings or structures which have been or are proposed to be constructed on such land;

D. The uses to which such buildings, structures and land are devoted, or are proposed to be devoted;

E. The plan showing the manner in which storm water, surface water, groundwater, roof runoff or subsurface drainage will discharge from such land directly or indirectly into the storm drainage system of the city;

F. Such other information as shall be required by the director of public works to enable him to determine the amount of the storm drainage fees which apply to such land, and if a storm drainage connection permit is required, whether and under what circumstances such a permit should be issued.

(Prior code § 7387.)

The director of finance shall keep in proper books a permanent and accurate account of all storm drainage fees paid under this Part 4, giving the names and addresses of the persons on whose account the same were paid, the land for which such fees were collected, the use or proposed use of the land for which such fees were paid, and the amount thereof. Such books and records shall be open for public inspection upon reasonable notice.

(Prior code § 7388.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910 and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is devoted or is proposed to be devoted to any of the following uses or combinations thereof:

One-family dwellings

Two-family dwellings

The storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

A. One thousand two hundred fifteen dollars per acre of such land; or

B. Two hundred seventy dollars per lot contained within such land,

whichever (i.e., A or B) results in the greater fee, provided that in no event shall the storm drainage fee for any such land be less than two hundred seventy dollars.

(Prior code § 7389; Ord. 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910, and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is devoted or is proposed to be devoted to any of the following uses or combination thereof:

Multiple-unit dwellings

Apartments

Lodginghouses

Boardinghouses

Residence clubs

Fraternity houses

Sorority houses

Dormitories

Nursing homes

Convalescent homes

Hospitals

Convalescent hospitals

Sanitoriums

Hotels

Motels

Auto courts

The storm drainage fee shall, subject to such exceptions as may be contained in this Part 4, be at the rate of:

A. One thousand eight hundred fifteen dollars per acre of such land; or

B. Four hundred five dollars per lot contained within such land, whichever (i.e., A or B) results in the greater fee, provided that in no event shall the storm drainage fee for any such land be less than four hundred five dollars.

(Prior code § 7390; Ords. 20191, 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910, and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is devoted or is proposed to be devoted to any of the following uses or combination thereof:

Business and professional offices

Administrative and executive offices

Retail and commercial stores, shops and establishments

Wholesale stores, shops, establishments and distributors

Social service agencies and studios

Personal service stores, shops and establishments

Banks, financial institutions and insurance companies

Research or testing laboratories

Gasoline service stations, auto repair and auto wash

Garages

Commercial entertainment establishments, including but not limited to, theaters, bowling areas, billiard and pool parlors, dancehalls, skating rinks and arenas

Auditoriums, theaters, stadiums, assembly halls, exhibit halls, boxing arenas, and churches

Eating and drinking establishments, including, but not limited to, restaurants, cafés, and soda fountains

Taverns, bars, cocktail lounges and nightclubs

Caterers, food processing and bakeries

Truck, trailer, automobile, motorcycle and boat sales, rentals, storage and repair

Wrecking yards

Factories, manufacturing plants or establishments

Power plants, warehouses, industrial plants or establishments

Storage, service or repair shops or establishments

Junkyards

Garbage and rubbish dumps

Funeral homes and mortuaries

Cemeteries

Railroad passenger stations, freight terminals and repair shops

Salvage yards

Police stations

Fire stations

Post offices

Public utility buildings

Trailer parks

Stone mill or quarry

Planing mill, lumber mill or lumberyard

Stockyards

Salt works

Animal pound

Animal hospital

Laundry, cleaning and dyeing establishments

Printing, publication and reproduction establishments

Radio and television broadcasting stations and studios

Gymnasiums and health clubs

Pumping plants

Sewage treatment plants

Water treatment plants

Libraries

Airports

The storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

A. One thousand eight hundred fifteen dollars per acre for the first ten acres of such land plus eight hundred sixty-five dollars per acre for each acre in excess of ten of such land; or

B. Four hundred five dollars per lot contained within such land,

whichever (i.e., A or B) results in the greater fee, provided that in no event shall the storm drainage fee for any such land be less than four hundred five dollars.

(Prior code § 7391; Ords. 20191, 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910, which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is developed and used or is proposed to be developed and used for private or public nonprofit schools, the storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

A. Nine hundred dollars per acre of such land, or

B. Two hundred five dollars, whichever amount is greater.

(Prior code § 7392; Ords. 20191, 20196.)

A. For land two acres or more in size which is privileged and/or benefited in the manner described in Section 15.16.910; and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is devoted or is proposed to be devoted to any of the following agricultural or farming uses or combination thereof:

Field and truck crops

Orchard and vineyards

Plant and flower nurseries

Greenhouses

Botanical conservatories and arboretums

Forest land

Drying of crops

Animal breeding

Pastures

Livestock

Ranches

Storage, bottling and wholesaling of wine

Dairies and processing of dairy products

Poultry raising, eggs and hatcheries

Apiaries

Riding academies and stables

Hay and straw sale and storage

Guest ranch

Fur farm

The storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

1. One thousand two hundred fifteen dollars per acre of:

a. The area of the buildings and/or structures constructed or proposed to be constructed on such land; and

b. The areas, such as lawns, landscaped areas, patios, swimming pools, garages, walkways, driveways, tool sheds and chicken coops, of such land adjacent to such buildings and/or structures as the director of public works, in the exercise of reasonable discretion, determines is required for the use and enjoyment of such buildings and/or structures; or

2. Two hundred seventy dollars; whichever (i.e., 1. or 2.) is greater.

B. For land two acres or less in size which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is used or is proposed to be used for any of the aforesaid agriculture or farming uses or combination thereof, the storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

1. One thousand two hundred fifteen dollars per acre of such land; or

2. Two hundred seventy dollars; whichever (i.e., 1. or 2.) is greater.

(Prior code § 7393; Ords. 20191, 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910 and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is used or is proposed to be used for a golf course, the storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

A. One thousand two hundred fifteen dollars per acre of such land contained within:

1. The clubhouse area, parking lot area, and patio area, and

2. An area one hundred feet wide within the entire perimeter of the golf course; or

B. Two hundred seventy dollars, whichever (i.e., A or B) is greater.

(Prior code § 7394; Ords. 20191, 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910 and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is used or is proposed to be used for a driving range or miniature golf course, the storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

A. One thousand two hundred fifteen dollars per acre of such land; or

B. Two hundred seventy dollars, whichever (i.e., A or B) is greater.

(Prior code § 7395; Ords. 20191, 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910 and which, at the time storm drainage fees are paid to the city as required by and pursuant to this part, is used or is proposed to be used for parks, the storm drainage fee shall, subject to such exceptions as may be contained in this part, be at the rate of:

A. One thousand two hundred fifteen dollars per acre of such land; or

B. Two hundred seventy dollars, whichever (i.e., A or B) is greater.

(Prior code § 7396; Ords. 20191, 20196.)

Whenever any land in the city privileged and/or benefited in the manner described in Section 15.16.910, for which the applicable storm drainage fee has been paid, is thereafter devoted to a new or different use, and the storm drainage fee which, at the time such land is devoted to such a new and different use, be required to pay the amount of the storm drainage fee which applies to such new and different use at the time such land is devoted to such a new and different use, be required to pay the amount of the storm drainage fee which applies to such new and different use at the time such land is devoted to such new use provided that at the time of such payment such person shall receive credit for the amount of the storm drainage fee which, at the time such land is devoted to such new and different use, applies to the use on which the last storm drainage fee was paid.

(Prior code § 7397.)

Whenever land is devoted or is proposed to be devoted to two or more uses for which different storm drainage fees are required, each such area of the land which is devoted or is proposed to be devoted to a separate use shall be required to pay the applicable storm drainage fee for such use on such area.

(Prior code § 7398.)

Notwithstanding any other provisions of this Part 4 of Chapter 15.16 of this Code to the contrary, no storm drainage fee shall be required to be paid for land in the city which is privileged and/or benefited in the manner described in Section 15.16.910 of this Code, when the owner of such land, or anyone else with the permission of the owner after the effective date of the ordinance codified herein;

A. Modifies the exterior of, constructs an addition to the exterior of, or improves the exterior of an existing building or structure on such land in such a way that such modifications, construction or improvement does not add any floor area to said building or structure;

B. Modifies the interior of" constructs an addition to the interior of, or improves the interior of an existing building or structure on such land;

C. Modifies, constructs, improves or replaces a loading dock for loading and unloading of trucks for an existing building on such land, and no building permit for such modification, construction, improvement or replacement in any of the above three situations shall be withheld for failure to pay such fee on such land.

(Prior code § 7399.5.)

For land which, at the time the applicable storm drainage fees are paid to the city as required by and pursuant to this part, is devoted or is proposed to be devoted to any use not specifically mentioned herein, the storm drainage fee for the most nearly similar use which is so mentioned shall apply. The decision of the director of public works as to what is the most similar use shall control.

(Prior code § 7399.)

A. Whenever land privileged and/or benefited in the manner described in Section 15.16. 910 hereof has been assessed pursuant to special assessment proceedings to pay for the cost of permanent storm drainage facilities, which facilities, at the time the applicable storm drainage fee is paid for such land, pursuant to the provisions of this part, are owned by the city, or in which the city has a right to discharge storm water, surface water, groundwater, roof runoff or subsurface drainage, an amount of money based on the type of facilities constructed and installed, the cost of which is assessed against said land shall, at the time applicable storm drainage fees are paid for such land, be credited against the particular storm drainage fee which applies to such land. In the event that the amount of credits for assessments exceeds the applicable storm drainage fee for such land, such excess assessment credits shall be extinguished and may not be applied against future storm drainage fees. Said amounts to be credited pursuant to this section shall be calculated in accordance with the following formula:

Formula for Determining the Total Construction and Installation Costs of Facilities

B. In no event shall credit for assessments be given for any type of facilities other than those above described.

(Prior code § 7399.1; Ords. 20191, 20196.)

Whenever permanent storm drainage facilities are required by the city to be constructed and installed at no cost to the city on any land privileged and/or benefited in the manner described in Section 15.16.910 and/or constructed and installed on any areas adjacent thereto in connection with the development of such land, which facilities are constructed or are caused to be constructed by the owner of such land pursuant to and in accordance with such requirements, an amount of money based on the type of such permanent storm drainage facilities constructed and installed on such land and/or on such areas adjacent thereto, computed as set forth below shall, at the time storm drainage fees are paid by such owner, be credited against storm drainage fees chargeable to such owner, provided such facilities are owned by the city at the time the owner pays such fees, or will be owned by the city upon acceptance thereof by the city, until the amount of such credit is exhausted. In the event that the amount so credited under this section exceeds the storm drainage fees which are chargeable to such owner, the amount of such excess shall be credited against future storm drainage fees chargeable to such owner at the time such future storm drainage fees are paid by such owner until the amount of such excess is exhausted, or such excess may be assigned to others. In the event such excess is assigned, the assignee of such excess credits shall be entitled to offset the amount of such excess credits against future storm drainage fees chargeable to such assignee until the amount of such excess is exhausted. Credits under this section shall terminate ten years after the acceptance by the city of the construction and installation of facilities on which such credits are based. In no event shall credits under this section take the form of cash or money payments. Said amounts to be credited pursuant to this section shall be calculated as follows:

(Prior code § 7399.2; Ords. 20191, 20196.)

For land which is privileged and/or benefited in the manner described in Section 15.16.910 within which the owner of such land, or anyone else with the permission of the owner, after the effective date of the ordinance codified herein, modifies the exterior of, constructs an addition to the exterior of, or improves the exterior of an existing building or structure on such land which modification, construction or improvement adds any floor area to the building or structure, the storm drainage fee shall be the fee which would otherwise normally be required to be paid for such land; provided, that in no event shall the fee exceed five percent of the construction cost of such modification, construction or improvement, as estimated by the building department of the city at the time the building permit for such modification, construction or improvement is issued by the city. In the event the fee, as thus calculated, exceeds one thousand dollars, the city council may allow the owner to pay the said fee under and pursuant to the terms of a written agreement which would bind the owner to pay such fee in such installments and over such a period of time, in no event however, to exceed five years and upon such rate of interest as the city council shall determine to be in the public interest. Each such agreement shall provide that in the event the owner sells all or any part of the land to any third person, the total remaining balance of the storm drainage fee unpaid as of the date of such sale, shall be due from the owner seller within thirty days from and after the date of such sale. In the event the storm drainage fee paid at the first such modification, construction or improvement does not equal the storm drainage fee which would otherwise normally be required to be paid for such land, in the absence of this section the owner shall pay a storm drainage fee calculated in accordance with the limitations in this section and payable in installments as above provided, if applicable, at each time of any such subsequent modification, construction or improvement, until the total storm drainage fee applicable to such land in the absence of this section is paid.

(Prior code § 7399.6.)

The storm drainage fees imposed under this part shall not apply to persons whose land within the Park Center project area, the San Antonio Plaza project area, or the Pueblo Uno project area is privileged and/or benefited by the storm drainage system of the City of San José provided the use of such land is subject to and in accordance with the redevelopment plan for the project area in which such land is situate and that such use is the initial use of such land under such redevelopment plan, and provided further that such exemption shall not extend to any storm drainage fees attributable to a change in use, such fees attributable to a change in use to apply and be payable without credit for the storm drainage fees theretofore exempted.

(Prior code § 7399.7; Ord. 20020.)

The storm drainage fees imposed under this part shall be suspended and shall not be collected from persons whose land within the Julian-Stockton redevelopment project area is privileged and/or benefited by the storm drainage system of the City of San José during the period of the suspension, provided the use of such land is subject to and in accordance with the redevelopment plan for said project area and that such use is the initial use of such land under such redevelopment plan, and provided further that such suspension of fees shall not extend to any storm drainage fees attributable to a change in use, such fees attributable to a change in use to apply and be payable without credit for the storm drainage fees theretofore exempted.

(Ord. 20434.)

A. To the extent not already suspended, the collection of the fees imposed pursuant to this part shall be suspended and not collected with respect to the construction of any building subject to affordability restrictions which require that the building or portion thereof be utilized for housing by households which qualify as very low income.

B. The suspension of the collection of fees hereinabove provided shall not be deemed to require the refund of any such fees paid to the City of San José prior to the effective date of this section. The suspension of fees hereunder shall terminate on June 30, 2001.

C. Definitions.

1. "Very low income households" means persons and families whose incomes do not exceed the qualifying limits for very low income households as established and amended from time to time pursuant to California Health and Safety Code Section 50105. In the event such standards are discontinued, the council shall, by resolution, establish income limits for very low income households for the city.

2. "Affordability restrictions" means covenants, conditions and restrictions running with the land and recorded with the Santa Clara county recorder's office in connection with a building or structure used for housing to be utilized by very low income households within the City of San José. The affordability restrictions shall require that a building or structure used for housing, in part or in whole, be utilized by very low income households for a minimum period of thirty years or as may be otherwise required by federal or state law.

(Ords. 24068, 25045.)

Whenever the director of public works of the city finds in writing that the application of the storm drainage fees established above to a given piece of land would be unfair or inequitable or would result in unnecessary hardships because of the unusual circumstances peculiar to such land and/or the improvements, if any thereon, and/or the use thereof, the director, after considering evidence on the matter, may (but in no event shall be required to) grant, in writing, an adjustment to or exception from the storm drainage fee applicable to such land which would be fair and equitable for the land concerned.

(Prior code § 7399.3.)

A. Notwithstanding anything herein in this Part 4 or in Part 3 to the contrary, any corporation which owns land and which would be deemed to be a nonprofit corporation under the corporations code of the state and any owner of one single-family dwelling unit, privileged and/or benefited in the manner described in Section 15. 16.910, claiming that payment of the storm drainage fee in one installment would cause financial hardship, may, at the time an application for permit to connect such land to the storm drainage system is made, apply to the city council for permission to pay the applicable storm drainage fee in installment payments instead of in one lump sum.

B. The city council, after considering evidence presented on the matter and upon a finding that payment of the applicable storm drainage fee in one lump sum would cause said owner financial hardship, may (but in no event shall be required to), allow said owner to pay such fee under and pursuant to the terms of a written agreement between the city and said owner, which would bind said owner to pay such fee in no more than five annual installments at such rate of interest as the city council shall determine to be in the public interest (such interest rate not to exceed the maximum allowed by state statute). Pursuant to the terms of said agreement, said owner shall agree that the unpaid balance, plus interest, of such fee shall constitute a lien on the property. Under no circumstances shall an owner of one single-family dwelling unit be allowed more than one such installment agreement to be in effect under this Section 15.16.1170 at any time.

C. Upon execution of said agreement, city shall cause a lien to be recorded on the property. Such written agreement for installment payments shall satisfy the "payment prerequisite" of Section 15.16.960. The first installment shall be due and payable at the time specified for payment of such fee in Section 15.16.930. The remaining outstanding balance shall be due and payable annually in principal plus interest payments beginning one year after payment of the first installment payment. The minimum annual installment payment of principal shall be twenty percent of the fee.

D. Each such agreement shall provide that in the event the said nonprofit corporation or said owner of a single-family dwelling unit sells all or any part of the land, for which the connection is permitted, to any third person, all of the total remaining unpaid balance of the storm drainage fee, including interest, shall be due and payable prior to the close of escrow of said sale.

(Prior code § 7399.4; Ord. 22099.)