***The refund process has been delayed due to legal issues. As of January 17, 2017, the City does not know when these legal issues will be resolved. Once resolved, the City will begin the refund process and mail all applicable property owners the necessary information to obtain a refund.***
Pursuant to the California Superior Court’s order (the “Order”) in the Walker v. San Clemente matter, the City of San Clemente (the “City”) has begun the process of preparing to refund the appropriate property owners whose property was billed for the Beach Parking Impact Fee (the “BPIF”). In accordance to the order, the property owner referencing the County Assessors Property Tax list for the fiscal year beginning on July 1, 2014 and ending on June 30 2015 will be eligible for the refund. For your reference and for more information, please click on the following link to read the Order that the City is complying with.
Please refer to the following links that identify the property addresses that will be eligible for the refund. We have provided two different sets of data to identify these properties: 1) list of addresses with the date the BPIF was levied and the amount paid; 2) a map that identifies the properties eligible for the refund and the year the BPIF was collected.
Next steps: the City will be doing a mailing to all applicable property owners to communicate the specific steps that will be necessary to process a refund. Per the Order, interest will be allocated to property owners in addition to the principal BPIF amount collected. Since interest is included in the refund, all eligible property owners seeking reimbursement will be required to complete a W9 tax form prior to receiving the refund.
As the City progresses with the BPIF refund process, this webpage will be updated accordingly. Please visit http://www.san-clemente.org/BPIF periodically for updated content.
Additional legal documents related to the Walker v. San Clemente matter:
- Walker Minute Order - Motion For Attorney Fees - 2014
- Walker Minute Order - Motion For Attorney Fees - 2016
- Attorneys' Fee Award Calculation
Inquiries concerning refund eligibility for parcels that are not included on the above parcel map/list may request an appeal for staff review. Please submit your appeal in writing, along with supporting documentation, to Bpifrefund@san-clemente.org
If you have any additional questions, please direct all inquiries to the following email address: Bpifrefund@san-clemente.org