City of Santa Clarita
Stormwater Pollution Prevention Fee
2022/2023 ANNUAL FEE REPORT
PREPARED ON: May 2, 2022
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.351
www.willdan.com
TABLE OF CONTENTS
I. INTRODUCTION ............................................................................................... 1 II. SERVICES FUNDED ......................................................................................... 4 III. RATE STRUCTURE ANALYSIS ....................................................................... 5 IV. COST ESTIMATE ............................................................................................. 8 V. FEE CALCULATIONS ....................................................................................... 9 VI. APPEALS PROCESS ..................................................................................... 10
2022/2023 Stormwater Pollution Prevention Fee Page 1 I. INTRODUCTION
The City of Santa Clarita (the “City”) Stormwater Pollution Prevention Fee is being levied per Chapter 15.50 of the Santa Clarita Municipal Code and the Californi a Health and Safety Code Section 5471 et seq.
This Annual Fee Report (the “Report”) is prepared pursuant to the California Health and Safety Code Section 5473 in order to place the fee on the Los Angeles County (the “County”) property tax bills.
In May 1992, the City provided the County with a letter of intention to participate as a Co- Permittee with the County in the application of a National Pollution Discharge Elimination System (NPDES) permit. There were eighty-six (86) other co-permittee agencies that filed a letter of intention to participate in the County's NPDES Permit No. CA006l54. There have been several permit renewals issued since that time, the most recent being effective December 28, 2012.
On June 28, 2016, the Santa Clarita City Council approved and adopted a Joint Resolution between the City and Los Angeles County approving and accepting the negotiated exchange of property tax revenue relating to the pending annexation of areas within the unincorporated portion of Los Angeles County. The Los Angeles County Board of Supervisors adopted the same Joint Resolution at their Board meeting of July 19, 2016.
The Los Angeles Local Agency Formation Commission (LAFCO) approved Annexation 2016-07 at their August 10, 2016, meeting and further held the protest hearing at their October 12, 2016, meeting. Annexation 2016-07 was complete on November 15, 2016 when the annexation was recorded with the State.
On April 24, 2018, the City Council adopted Resolution No. 18-14, which initiated annexation proceedings for the Plum Canyon annexation with the Local Agency Formation Commission (LAFCO). Annexation Application No. 2018-04 was submitted to LAFCO on June 27, 2018.
On July 10, 2018, the City Council adopted a joint reso lution between the City of Santa Clarita (City) and County of Los Angeles, approving and accepting the negotiated exchange of property tax revenue relating to the pending annexation of areas within the unincorporated portion of Los Angeles County. Following the Council's action, the Los Angeles County Board of S upervisors adopted the same joint resolution at their board meeting on September 18, 2018. LAFCO approved Annexation 2018-04 at their October 10, 2018, meeting and further held the protest hearing at their November 14, 2018, meeting. Annexation 2018-04 was complete on November 15, 2018, when the annexation was recorded with the state.
BACKGROUND INFORMATION
In accordance with the Federal Clean Water Act of 1972, the United States Environmental Protection Agency (EPA) is required to establish regulations setting forth NPDES permit standards. The enactment of 1987 amendments to the Federal Clean Water Act (Act) of 1972 imposes permit requirements for discharge of storm waters. The Act allows the EPA to delegate its NPDES permitting authority to states with an approved environmental regulatory program. The State of California is one of the delegated states.
The responsibility for implementing various NPDES perm its in the State of California has been delegated to the State Water Resources Control Board (SWRCB). The SWRCB administers NPDES authority through its nine Regional Boards, one of which is located in Los Angeles. The Los Angeles County Department of Public Works (LACDPW), together with 86 other cities, were required to apply to the Los Angeles Regional Water Quality Control Board (LA-RWQCB) and SWRCB for a permi t to allow stormwater flows to drain into waters of the United States and control pollutants. On J une 18, 1990, the NPDES permit for Stormwater/Urban
2022/2023 Stormwater Pollution Prevention Fee Page 2 Runoff Discharge in Los Angeles County was issued. There have been several permit renewals issued since that time, the most recent being effective September 11, 2021. There have also been Total Maximum Daily Loads enacted in the Santa Clara River Watershed which are incorporated into the NPDES Permit. The City of Santa Clarita is the only incorporated City in the Los Angeles County portion of the Santa Clara River watershed. The Santa Clara River provides habitat to hundreds of plant and animal species, 16 of which are threatened or endangered. The Santa Clara River is a soft-bottom river, and the water in the river infiltrates into the ground and replenishes local aquifers. Roughly 50% of the Santa Clarita Valle y’s drinking water comes from these local aquifers recharged by the Santa Clara River.
The NPDES permit requires monitoring for flow and te sting for pollutants at multiple points and storm drain outlets throughout the Santa Clara River watershed. A Coordinated In tegrated Monitoring Program was prepared and approved by the LA-RWQCB which details how the City, County of Los Angeles, and the Flood Control District Los Angeles County share responsibilit ies and coordinate monitoring efforts to be in compliance with their respective NPDES Permits in strategic coordination to be as cost-effective as possible.
A revised compliance plan was submitted this year to address the changes in the 2021 NPDES permit. Due to the highly technical and specialized skills needed for water testing and laboratory analysis, the City entered into a contract with an outside consulting firm to implement much of the monitoring program.
As part of the Enhanced Watershed Management Plan to comply with the terms of the NPDES Permit, the City and Los Angeles County are required to reduce pollutants by way of installing treatment devices and building and maintaining infiltration projects throughout the Santa Clarita Valley. These various projects may capture storm water for groundwater infiltrati on or treat for specific pollutants, thus preventing pollutants from reaching the river. Current estimates for the City ca pital infiltration and pollut ant treatment projects is approximately over $299 million by 2029.
Based on monitoring data and identified pollutants, the City and Los Angeles County may be required to modify projects and programs. The Enhanced Watershed Management Plan w a s r equired t o b e r e a s s e s s e d b y t h e s t a t e using t h e m o s t updated monitoring data to bring pollutant loads in compliance with water quality standards. The revised monitoring plan is anticipated to be approved by the state in the coming year.
The Statewide Trash Policy in June of 2017 incl udes compliance requirements beyond those in the NPDES Permit. The most cost effective and efficient way to comp ly with this requirement is for the City is to install additional catch basin retrofits in areas commonly known to generate high amounts of trash that go into the storm drain. Staff is working to incorporate tras h management into the upcoming Enhanced Watershed Management Plan distributed infiltration projects to allow for dual compliance.
In the City of Santa Clarita, most of the street and drainage systems were developed during the process of land development under the supervision of Los Angeles County. Both before and after incorporation in 1987, the ownership of drainage facilities, once constructed, have been transferred to the Los Angeles County Flood Control District (LACFCD). However, due to various issues, the LACFCD has not been processing title transfer requests. As a result, there are currently approximately 230 storm drains in the City that are maintained by the County and 200 storm drains that are still the responsibi lity of the developer for maintenance. Many of the privately maintained storm drains will probably become the City's at some future time. The public streets, which are a part of the primary storm drainage system, are owned and maintained by the City. The storm drainage catch basins in the street, present a mix of ownership and responsibility. There are some storm drainage catch basins owned by LACFCD and others that are owned by the City.
2022/2023 Stormwater Pollution Prevention Fee Page 3 In order to provide for the safety of the residents of the City and protect property in the City from the damage associated with flooding and to meet water quality re quirements of the NPDES permit issued to the City by the LA-RWQCB and SWRCB, it is necessary to design, construct, operate, maintain, improve and replace storm drainage facilities which collect storm and surface water runoff and convey and treat such runoff in a safe manner to an acceptable point of discharge. It is also necessary to inspect, monitor, and take enforcement action related to illegal dumping, illicit di scharges, and various water quality concerns. In order to properly fund such facilities and activities, the Ci ty Council has determined that it is necessary to impose on all properties in the City a user charge for storm drainage service.
The Stormwater Pollution Prevention Fee will contin ue to provide funding for the ongoing water quality requirements for the drainage facilities serving the properties within the City of Santa Clarita.
COMPLIANCE WITH CURRENT LEGISLATION
On November 5, 1996, California voters approved Proposition 218 (The Right To Vote On Taxes Act) that established specific requirements for the ongoing imposition of taxes, assessments and fees. The provisions of this proposition are now contained in the Califo rnia Constitutional as Articles XIIIC and XIIID.
The Stormwater Pollution Prevention Fe e must comply with the provisions of Article XIIID of the California Constitution. Section 6.b of Article XIIID has the foll owing requirements for all " new, extended, imposed or increased" fees and charges:
• "Revenues derived from the fee or charge shall not exceed the funds required to provide the property-related service."
• "Revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed."
• "The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel."
• "No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question. Fees or charges based on potential or future use of service are not permitted. Standby char ges, whether characterized as charges or assessments, shall be classified as assessments and shall not be imposed without compliance with [the assessment section of this code]."
• "No fee or charge may be imposed for general gove rnmental services including, but not limited to, police, fire, ambulance or library services where the service is available to the public at large in substantially the same manner as it is to property owners."
2022/2023 Stormwater Pollution Prevention Fee Page 4 II. SERVICES FUNDED
Expenditures from the revenue generated from the Stormwater Utility fee are to comply with the requirements set forth in the NPDES permit. The activities and services funded by this fee include, but are not limited to:
1. Administration and oversight of the requiremen ts set forth in the NPDES permit to various City departments, developments, and local agencies.
2. Prepare ordinances and resolutions designed to remain in compliance with the rules and regulations required by the NPDES permit, the Clean Water Act, and the Porter-Cologne Act.
3. Provide street sweeping to keep litter an d debris from entering the storm drain system.
4. Respond to and investigate incidents of sewa ge spills and overflows, chemical spills, illicit discharges, and illegal connections to the storm drain system.
5. Inspect industrial and commercial facilities for pr oper handling of materials, chemicals, pollutants, garbage, waste, and debris and prevent any discharges to the storm drain system.
6. Regularly clean and provide maintenance of catch ba sins, the flow line, and storm drainage facilities.
7. Design, installation, and maintenance of water quality devices, green streets and regional BMPs required to keep pollutants out of the storm drain system.
8. Discourage illegal dumping or discharge of pollutants into the storm drain system by stenciling all City-owned catch basins with a "No Dumping" message.
9. Augment public education and outreach programs in regard to the proper use and function of the storm drainage system and the Santa Clara River.
10. Develop programs to preventing illicit discharge and disposal of pollutants to the storm drain system.
11. Encourage the proper disposal of household hazardous waste (HHW) to prevent the improper disposal to the storm drain system or to the sewer system.
12. Water quality monitoring required in the Santa Clara River and storm drain outfalls.
13. Capital costs related to installing full capture trash treatment devices.
14. Discourage the improper disposal of litter, garden clippings, leaves, and pet waste into the street or the storm drain system.
15. Install and maintain large-scale infiltrati on systems and small "green street" systems designed to capture storm water and urban runoff.
2022/2023 Stormwater Pollution Prevention Fee Page 5 III. RATE STRUCTURE ANALYSIS
Section 6.b of Article XIIID of the State Constitution states that:
"The amount of a fee or charge imposed upon any parcel or person as an incident of property ownership shall not exceed the proportional cost of the service attributable to the parcel." and
"No fee or charge may be imposed for a service unless that service is actually used by, or immediately available to, the owner of the property in question."
By definition, all properties that shed stormwater into the City's stormwater drainage system, use or are served by the City's stormwater drainage system; therefore, should be subject to a fee. The amount of use attributed to each parcel is measurable by the amount of storm runoff contributed by the property, which is directly proportional to the amount of impervious area on a pa rcel (such as buildings and concrete). The more impervious area on a property, the more storm runoff the property generates, the more demand placed on the storm drain system.
The amount each parcel uses the stormwater drainage system is computed by the following formula: (Parcel Area) x (Impervious Percentage) = Drainage Units
The typical percent impervious (% Impervious) for land uses in the City, as provided in the Los Angeles County Flood Control District Hydrology Manual, updated January 2006, have been applied for the purposes of estimating the runoff generated by each property. These are shown in Table 1 on the following page.
The more Drainage Units a parcel has, the more storm run-off it generates, and the more it uses and impacts the stormwater drainage system.
It is standard practice to relate other land uses to a developed single family home, instead of working exclusively with Drainage Units. The City's parcel da tabase shows that over 60% of the parcels within the City are designated as Single Family Residential (SFR) parcels, and the median size of an SFR parcel is approximately 7,000 square feet (0.16 acre). Therefore, it makes sense to relate all parcels to this median residential property. Therefore, the ru noff from a 0.16-acre SFR parcel is set equal to one Equivalent Residential Unit (ERU) and this base ERU is calculated as follows: (0.16 acres of area) x 42% = 0.0672 Drainage Units = 1 ERU
The table below provides a preliminary summary of Drainage Units, ERUs, Maximum and Applied Fee Rates for the various assessable land uses in the City:
Drainage Land Use Parcels Acres %Imp Drainage
Units ERUs Maximum
Rates ($)
Applied
Rates ($)
Antenna 1 3.78 2% 0.08 1.13 29.19 29.19
Cemetery 2 13.57 10% 1.36 25.79 29.19 29.19
Church/Inst 51 174.5621 82% 97.56 1,450.56 29.19 29.19
College 14 287.8998 47% 115.19 1,713.88 29.19 29.19
2022/2023 Stormwater Pollution Prevention Fee Page 6 Drainage Land Use Parcels Acres %Imp Drainage
Units ERUs Maximum
Rates ($)
Applied
Rates ($)
Com Recreation 16 101.64 90% 74.09 1,115.95 29.19 29.19 Com Storage 34 78.34 90% 71.21 1,058.68 29.19 29.19
Communications 9 112.30 82% 93.67 1,393.89 29.19 29.19
Day Care 2 1.977 68% 1.34 20.01 29.19 29.19
Dev Park 47 239.57 10% 31.14 418.76 29.19 29.19
Dump 2 1.28 15% 0.2 2.86 29.19 29.19
EI-Hi School 63 622.43 Actual 379.28 5,720.73 29.19 29.19 Golf 14 559.27 3% 17.13 254.81 29.19 29.19
High Density CNDO 5,598 282.64 90% 244.16 3,623.77 29.19 29.19 High Density MFR 202 355.44 90% 319.88 4,760.40 29.19 29.19 Hotel/Motel 7 21.96 96% 12.64 267.20 29.19 29.19
Light Industrial 711 1,214.60 91% 1,094.72 16,432.11 29.19 29.19 Low Density CNDO 6,158 1013.18 55% 558.4 8,412.73 29.19 29.19 Low Density MFR 72 217.38 55% 109.45 1,616.63 29.19 29.19 Med Density CNDO 7,648 679.28 86% 573.91 8,703.40 29.19 29.19 Med Density MFR 160 154.20 86% 141.16 2,103.28 29.19 29.19 Medical Facility 60 45.71 74% 30.97 523.59 29.19 29.19
Mineral Extract 19 235.72 10% 25.73 382.84 29.19 29.19
Mobile Homes 29 334.06 91% 304.22 4,527.28 29.19 29.19
Nurseries/Agr 10 31.46 15% 5.1 75.82 29.19 29.19
Office 302 263.87 91% 259.38 3,961.33 29.19 29.19
Open Storage 80 98.39 66% 82.45 994.93 29.19 29.19
Parking 144 208.35 91% 181.28 2,621.32 29.19 29.19
Power Facilities 21 30.87 47% 110.42 1,640.25 29.19 29.19 Ranch 8 26.48 42% 9.16 136.17 29.19 29.19
Regnl Shopping Ctr 38 174.09 95% 163.19 2,428.56 29.19 29.19 Retail 565 820.76 97% 776.37 11,695.59 29.19 29.19
SFR-0.5 39,377 7,752.65 42% 3,049.70 46,059.53 29.19 29.19 SFR-1 1,309 935.82 formula 254.88 3,806.76 29.19 29.19
SFR Rural 1,210 3,152.16 formula 385.51 5,843.89 29.19 29.19 Special Case 3 849.92 formula 16.54 246.07 29.19 29.19
Undev Park 30 110.84 2% 2.46 46.42 29.19 29.19
Vacant 1,646 10,437.23 1% 133.43 2,124.26 29.19 29.19
Totals 65,662 31,643.71 9,727.33 146,211.16
Note: Drainage Units and ERUs are rounded to two decimal places.
2022/2023 Stormwater Pollution Prevention Fee Page 7 SFR properties are separated into three (3) groups and their impervious percentage is calculated as follows:
SFR Category Drainage Unit Formula
SFR-0.5 : SFR parcels 0.5 acres or less Acres x 42% (max=0.21) SFR-1 : SFR parcels 0.5 – 1 acres 0.21 + (acres – 0.5) x 21% (max=0.315) SFR-Rural : SFR parcels more than 1 acre 0.315 + (acres – 1.0) x 10%
Multi-Family Residential (MFR) and Condominium (CNDO) units are split into categories by the density, or number of dwelling units per acre (DU/Ac) as follows:
MFR or Condo Category
Density
% Impervious
High Density Greater than 18 DU/Ac 90%
Med Density 10 – 18 DU/Ac 86%
Low Density Less than 10 Du/Ac 55%
The latter calculation has been made when the individual unit areas are not readily available. These two ways of calculating the charges are considered nearly equivalent when applied. With the first method, the common area property is charged and paid by the Home Owner Associations which are passed on to the individual units. With the second method, the common area property is added into the individual units. Therefore, proportionality has been maintained.
Within the City of Santa Clarita and the Santa Clara River Watershed, there are many separate drainage areas of various terrains and with inlets, pipes and channels made of various materials and in various conditions. The storm drain system discharges to the Santa Clara River and its tributaries. The Santa Clara River provides habitat to hundreds of plant and animal species. It also provides about 50% of the area's water supply.
All parcels draining into City-maintained drainage infrastructure is proposed to be charged the same user fee rate per ERU for stormwater runoff treatment. The St ormwater Pollution Prevention Fee is proposed in perpetuity.
For the purposes of this report, City-maintained drainage infrastructure includes streets, pipes, inlets, outlets, and natural drainage courses, and is also referred to as the "City's stormwater drainage system." Parcels related to these types of property uses are exempt from the runoff charge, as they are part of the infrastructure being funded. Also exempt from the runoff charge is Caltrans right-of-way, because Caltrans handles its own runoff under a separate NPDES permit.
Elementary through High Schools (El-Hi Schools) have bee n looked at on an individual basis to determine the actual percent impervious for each property, as properties with this use had a wide range of impervious percentages.
Properties that had submitted appeal s to the charge were reviewed and a determination has been made on a parcel-by-parcel basis as to the applicab ility of the appeal to this methodology.
2022/2023 Stormwater Pollution Prevention Fee Page 8 IV. COST ESTIMATE
FY 22-23 Estimated Expenditures and Revenues
FY 2022-2023 Expenditures
Site-Specific - Bridgeport $31,433
Site-Specific - Creekside 29,921
Site-Specific - Hidden Creek 25,465
Site-Specific - Hart Pony 5,658
Site-Specific - River Park 0
Personnel 1,412,063
Office, Equipment and Program Costs 221,358
Street Sweeping 953,395
Storm Drain Repair 25,464
Professional and Contractual Services 1,048,723
Capital Outlay 0
General Fund Overhead Allocation 787,397
Transfers out to Pension Liab/OPEB 0
Subtotal 2022/23 Expenditures: $4,540,878
Capital Projects:
Trash Excluders $300,000
Arundo Removal 50,000
Subtotal 2022/23 Capital Projects: $350,000
Reserves
Operating/Capital Reserve $2,568,526
Vehicle/Equipment Replacement Reserve 1,059,330
Subtotal 2022/2023 Reserves: $3,627,856
Total 2022/2023 Expenditures: $8,518,734
FY 2022-2023 Revenues
Interest $52,480
SUSMP Inspection Permit Fees 19,743
Miscellaneous Revenue-cost share CIMP
monitoring 259,440
Operating Transfers in 3,690
Site-Specific - Bridgeport 27,744
Site-Specific - Creekside 25,565
Site-Specific - Hidden Creek 21,843
Site-Specific - Hart Pony 6,375
Site-Specific - River Park 0
Estimated Fund Balance - July 1, 2022 3,834,278
Subtotal 2022/2023 Revenues: $4,251,158
Total 2022/2023 Revenues: $4,251,158
Stormwater Pollution Prevention Fee Requirement (1): $4,267,576 (1) Total Stormwater Fee collected for the District may be slightly different due to rounding of charges to the nearest penny.
2022/2023 Stormwater Pollution Prevention Fee Page 9 V. FEE CALCULATIONS
The estimated annual costs for the proposed storm drain improvements are $4,267,576. Dividing that amount by the total number of ERUs in the City, the estimated Stormwater Pollution Prevention Fee rate is $29.19 per ERU for Fiscal Year 2022/2023. The maximum amount that can be charged per ERU for Fiscal Year 2022/2023 is $29.19 per ERU.
The maximum rate will be increased each fiscal year by the annual change in the Consumer Price Index (CPI), during the preceding year , for All Urban Consumers, for th e Los Angeles, Long Beach and Anaheim areas, published by the United States Department of Labor, Bureau of Labor Statistics (or a reasonably equivalent index should the stated index be discontinued).
The following table provides sample fee calculations for various land uses and parcel sizes for Fiscal Year 2022/2023.
Land Use
Designation
Parcel
Area (sf)
Parcel
Area (ac) x Percent Impervious =
Drainage
Units / 0.0672 = ERUs $29.19/ERU
SFR-0.5 3,500 0.08 x 42% = 0.033600 / 0.0672 = 0.5000 $14.60 SFR-0.5 5,000 0.11 x 42% = 0.046200 / 0.0672 = 0.6875 $20.07 SFR-0.5 7,000 0.16 x 42% = 0.067200 / 0.0672 = 1.0000 $29.19 SFR-0 5 12,000 0.28 x 42% = 0.117600 / 0.0672 = 1.7500 $51.08 SFR-0.5 21,500 0.50 x 42% = 0.210000 / 0.0672 = 3.1250 $91.22 SFR-1 22,000 0.51 x 0.21 +(ac-0.5)x21% = 0.212100 / 0.0672 = 3.1563 $92.13 SFR-1 35,000 0.80 x 0.21+(ac-0 5)x21% = 0.273000 / 0.0672 = 4.0625 $118.58 SFR-Rural 87,120 2.00 x 0.315+(ac-1)x10% = 0.415000 / 0.0672 = 6.1756 $180.27 Low Density CNDO 7,100 0.16 x 55% = 0.088000 / 0.0672 = 1.3095 $38.22 Low Density MFR 43,560 1.00 x 55% = 0.550000 / 0.0672 = 8.1845 $238.91 Med Density CNDO 3,150 0.07 x 86% = 0.060200 / 0.0672 = 0.8958 $26.15 Med Density MFR 43,560 1.00 x 86% = 0.860000 / 0.0672 = 12.7976 $373.56 High Density CNDO 1,800 0.04 x 90% = 0.036000 / 0.0672 = 0.5357 $15.64 High Density MFR 43,560 1.00 x 90% = 0.900000 / 0.0672 = 13.3929 $390.94 Service Station 6,534 0.15 x 91% = 0.136500 / 0.0672 = 2.0313 $59.29 Retail 21,780 0.50 x 97% = 0.485000 / 0.0672 = 7.2172 $210.67 Business Park 21,780 0.50 x 91% = 0.455000 / 0.0672 = 6.7708 $197.64 Office 10,890 0.25 x 91% = 0.227500 / 0.0672 = 3.3854 $98.82 Light Industrial 43,560 1.00 x 91% = 0.910000 / 0.0672 = 13.5417 $395.28 Church 32,670 0.75 x 85% = 0.637500 / 0.0672 = 9.4866 $276.91 EI-Hi School 43,560 1.00 x 82% = 0.820000 / 0.0672 = 12.2024 $356.19 Developed Parks 5.00 x 10% = 0.500000 / 0.0672 = 7.4405 $217.19 Golf Courses 10.00 x 3% = 0.300000 / 0.0672 = 4.4643 $130.31 Vacant 2.00 x 1% = 0.020000 / 0.0672 = 0.2976 $8.69
SFR = Single Family Residential 0.0672 = Drainage Units per median SFR ERU = Equivalent Residential Unit Note: Condominium parcel areas Include a pro-rata share of the common areas of the complex
The preliminary fee roll, which is a listing of each par cel to be charged a fee for fiscal year 2022/2023, is by reference made a part of this report and is on file in the office of the City Clerk.
2022/2023 Stormwater Pollution Prevention Fee Page 10 VI. APPEALS PROCESS
If a property owner disagrees with the calculation of hi s or her fee, based on the parcel area and estimated impervious percentage assigned to the property, th en the property owner may appeal the calculation as follows:
1. Property owner must provide written documentation explaining the reason why the charge should be changed. This documentation must include:
a. The name, phone number, mailing address, and email address, if available, of the property owner.
b. The Assessor's Parcel Number ( APN) of the property in question.
2. If additional documentation is required or insufficient documentation was submitted, a representative of the Public Works Department or his or her designee (Staff) will notify the property owner in writing.
3. Once Staff has determined that sufficient docume ntation has been submitted, Staff will perform the initial review. Staff will notify the property owner in writing within four (4) weeks from the time sufficient documentation was submitted as to whether or not the fee amount will be changed.
a. If the determination is to change the fee amount, then the new fee amount will be documented within the City's fee database.
b. If the determination is that the fee should no t be changed, the property owner can appeal Staff’s decision to the City Engineer. T he appeal must be made in writin g and returned no later than four (4) weeks from the date of mailing of Staff s initial review decision. The City Engineer will notify the property owner in writing within four (4 ) weeks from the date of receipt of the appeal as to whether or not the fee amount will be changed.
If the owner of any parcel shall have reason to f eel that the computation of the ERU count for his/her parcel is not correct, that person may file an appeal with the City Engineer in the manner prescribed by the City Engineer. The City Engineer will consider all data provided by the appellant and shall render a decision in writing. The decision of the City Engineer will be final with respect to City action on the appeal.
Appeals will be accepted annually up until June 30 for inclusion on the following fiscal year's property tax roll submittal. However, if an appeal is granted by Staff or the City Engineer that does not permit inclusion for the following fiscal year's property tax roll submitta l, a reimbursement will be provided to the property owner by the City.