Ordinance No. 569-18 Sewer Affordable HousingORDINANCE NO. 569-18
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
AMENDING DIVISION 1 AND SECTIONS 4.5 AND 4.8.14 OF DIVISION 4
OF THE ADMINISTRATIVE CODE REGARDING THE TRANSFER OF
SEWER CAPACITY FOR AFFORDABLE HOUSING
BE IT ENACTED by the Board of Directors of the South Tahoe Public Utility District,
County of El Dorado, State of California, as follows:
SECTION I — POLICY AND PURPOSE
The purpose of this Ordinance is to adopt certain changes to the Administrative Code
regarding the transfer of sewer capacity from one parcel to another parcel for affordable housing.
SECTION II — DEFINITIONS
For the purpose of this Ordinance, the terms used herein are defined as follows:
A. The District — The South Tahoe Public Utility District.
B. Tke Board — The Board of Directors of the South Tahoe Public Utility District.
C. Administrative Codc — The compilation and codification of all of the
Administrative, Water, Sewer, Street Lighting and Groundwater Management
Plan Ordinances of the District, which establish the authority and the principles
for decisions of the District, and provide the public with guidelines applicable to
District operations.
D. Sewer Unit. A Sewer Unit is an estimated measurement of quantity and strength
of wastewater discharged to the Sewer System. A Sewer Unit represents
incremental capacity rights in the form of fixtures or facilities causing actual or
potential sewage discharge to the Sewer System. A Sewer Unit is used for the
purposes of determining Sewer Service Charges.
E. Excess Sewer Unit — An Excess Sewer Unit is any Sewer Unit assigned to a
parcel in excess of the number of Sewer Units required for such parcel in
accordance with the District's Schedule of Sewer Units.
F. Affordable Housing. Affordable Housing is deed -restricted housing to be used
exclusively for households with an income not in excess of the greater of 120
percent or the upper limit as defined by the applicable City or County code of the
area median income.
SECTION III — FINDINGS
The Board of Directors of the South Tahoe Public Utility District, County of El Dorado,
State of California, make the following findings:
1. The Administrative Code presently restricts the transfer of Sewer Units from one
parcel to another parcel;
2. The City of South Lake Tahoe ("City") and the portion of El Dorado County
("County") within the District's service area boundary lack affordable housing for low and
middle income households;
3. The City and County have developed and may develop further programs to
promote the development of affordable housing for low and middle income households;
4. The District desires to amend the Administrative Code to provide, on a
prospective basis, support for the City's and the County's efforts to promote the development of
affordable housing;
5. The District desires to amend the Administrative Code to allow the transfer of
Excess Sewer Units from one parcel to another parcel for use in connection with the
development of affordable housing;
6. Under the District's proposed amendment to the Administrative Code, Excess
Sewer Units may be only transferred from one parcel to another parcel for use in connection with
the development of affordable housing. Otherwise, Excess Sewer Units are not transferable
among parcels, but can be used for further development upon the same parcel; and,
7. The Board of Directors has determined that it is in the best interest of the District
and the community to make these amendments to the Administrative Code.
SECTION IV — AMEND DIVISION 1 OF THE ADMINISTRATIVE CODE
Administrative Code Division 1 shall be amended to add a new section 1.1.4, and
renumber the existing section 1. 1.4 and subsequent definitions sequentially, which shall be as
follows:
"1.1.4. Affordable Housing. Affordable Housing is deed -restricted housing to be used
exclusively for households with an income not in excess of the greater of 120 percent or the
upper limit as defined by the applicable City or County code of the area median income.
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Sewer Unit Transfer Ordinance
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SECTION V — AMEND SECTION 4.5 OF DIVISION 4 OF THE
ADMINISTRATIVE CODE
Administrative Code Section 4.5 shall be amended to add a new section 4.5.14, which
shall be as follows:
"4.5.14 — SCHEDULE 8
An administrative fee of One Hundred Dollars ($100.00) will be collected for each
transfer of excess sewer unit(s), pursuant to section 4.8.14."
SECTION VI — AMEND SECTION 4.8.14 OF DIVISION 4
OF THE ADMINISTRATIVE CODE
Administrative Code section 4.8.14 shall be amended in its entirety as follows:
"4.8.14 Conditions to Trajns er: Transfer of Excess Sewer Units shall be allowed only
for the development of Affordable Housing and no sewer permit shall be issued for development
of Affordable Housing on a Primary Parcel when Excess Sewer Units are transferred from a
Secondary Parcel until there is compliance with all of the following conditions:
a) Conformance with the General Plan. The use of the Primary Parcel shall conform
to the applicable City or County General Plan.
b) Approvals. The applicant for a sewer permit for the Primary Parcel shall secure all
approvals for the Affordable Housing development as required by the City or
County, the Tahoe Regional Planning Agency and the State of California.
c) Sewer Permit. The owner of the Primary Parcel shall submit a completed Sewer
Permit Application to the District.
d) Transfer Application. The owner of the Secondary Parcel shall submit a completed
Transfer of Sewer Capacity Rights Application to the District.
e) Payment of Fees and Taxes. All existing unpaid District fees and charges shall be
paid for the Primary and Secondary Parcels.
f) Satisfaction of Liens. All liens upon the Secondary Parcel shall be satisfied, or in
the alternative, written concurrence shall be obtained from any lienholder, which
written concurrence shall save the District free and harmless from any and all
claims arising out of the transfer of Excess Sewer Units from the Secondary Parcel
in a form acceptable to the District.
g) Transfer of All Excess Sewer Units. When all Sewer Units are transferred from the
Secondary Parcel, the following conditions shall apply:
(1) Removal of Sewer Lateral. The lateral sewer connection(s) of the
Secondary Parcel shall be removed, plugged and sealed by the District at the
District's expense. If the owner of the Secondary Parcel subsequently purchases
Sewer Units for use on the Secondary Parcel, a new sewer lateral must be installed
in a manner satisfactory to the District at the owner's expense. Physical inspection
of the sewer lateral shall be made by the District.
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(2) Disconnection of Water Utilities. All water service utilities for the
Secondary Parcel shall be capped and disconnected from the
District Water System to the satisfaction of the District. Physical
inspection of the properly capped water connection(s) shall be
made by the District.
h) Remaining Use on Secondary Parcel. Any use which remains on the Secondary
Parcel shall have sufficient Sewer Units to accommodate such use as determined by
the District. Physical inspection of the remaining use on the Secondary Parcel shall
be made by the District.
i) District Approval. The Board authorizes the General Manager of his/her designee
to approve the transfer of Excess Sewer Units from the Secondary Parcel to the
Primary Parcel and issuance of a Sewer Permit for the Primary Parcel upon
satisfaction of all of the above conditions."
SECTION VII — SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance and its implementing rules and regulations is for any reason held to be
unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of
this Ordinance or the Administrative Code. The Board of Directors declares and determines that
it would have passed section, subsection subdivision, paragraph, sentence, clause or phrase
thereof of this Ordinance and its implementing rules and regulations and the Administrative
Code irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases may be determined to be unconstitutional or invalid.
SECTION VIII — EFFECTIVE DATE
This Ordinance amending the above referenced section to the Administrative Code shall
take effective 30 days after its passage.
PASSED AND ADOPTED by the Board of Directors of the South Tahoe Public Utility
District at its duly held regular meeting on the 201h day of September, 2018 by the following
vote:
AYES: CEFALU, JONES, VOGELGESANG, SHEEHAN, WALLACE
NOES: NONE
ABSENT: NONE
Randy Vogelgesang, President
South Tahoe Public Utility District
ATTEST:
A��A
Melonie Guttry, Clerk of the Board
17440241
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Sewer Unit Transfer Ordinance
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