582-22 ADU Admin CodeORDINANCE NO. 582-22
AN ORDINANCE OF THE SOUTH TAHOE PUBLIC UTILITY
DISTRICT AMENDING SECTION 1 TO ADD SECTIONS 1.1.2 AND 1.1.86 AND
AMENDING SECTIONS 3.1.11, 3.1.15, 3.1.49, 4.2.10, 4.3.2, AND 4.5.2 OF THE
ADMINISTRATIVE CODE REGARDING ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS
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 to comply with State Law regarding capacity charges,
connection fees and metering devices for accessory dwelling units and junior
accessory dwelling units
SECTION II -DEFINITIONS
For the purpose of this Ordinance, the terms used herein are defined as
follows:
A.The District. The South Ta hoe Public Utility District.
B.The Board. The Board of Directors of the South Tahoe Public Utility
District.
C.Administrative Code. The compilation and codification of all of the
Administrative, Water, and Sewer 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.
SECTION 111 -FINDINGS
The Board of Directors of the South Tahoe Public Utility District, County of El
Dorado, State of California, make the following findings:
l.Recent changes to State Law prohibit the District from considering
an accessory dwelling unit to be a new residential use for purposes of
calculating water and sewer connection fees and capacity charges and
requiring separate water and sewer connections from an accessory dwelling unit
or junior accessory dwelling unit, except under certain specified circumstances;
2.Amendment of the Administrative Code is necessary to specify
when the District cannot charge a connection fee or capacity charge for an
accessory dwelling unit or junior accessory dwelling unit;
3.Amendment of the Administrative Code is also necessary to specify
when the District cannot require a separate water connection and meter or
sewer connection for an accessory dwelling unit or junior accessory dwelling unit;
and,
4.The Board of Directors has determined that it is in the best interest
of the District and the public to make these amendments to the Administrative
Code.
SECTION IV -AMEND SECTION 1 OF THE ADMINISTRATIVE CODE
Administrative Code Section l shall be amended to add a new section
l. l .2 and l. l .86 and renumber the existing sections definitions sequentially, as
follows:
1.1.2. Accessory Dwelling Unit. "Accessory dwelling unit" means an
attached or a detached residential dwelling unit that provides complete
independent living facilities for one or more persons, is located on a lot with a
proposed or existing primary residence, meets the requirements of Government
Code section 65852.2, as may be amended, and is approved by the applicable
land use agency.
1.1.86. Junior Accessory Dwelling Unit. "Junior accessory dwelling unit"
means a unit that is no more than 500 square feet in size and contained entirely
within an existing or proposed single-family structure, meets the requirements of
Government Code section 65852.22, as may be amended, and is approved by
the applicable land use agency.
SECTION V -AMEND SECTION 3.1.11 OF THE ADMINISTRATIVE CODE
Administrative Code section 3.1.11 shall be amended to add
subparagraph "h" to the section:
"h. Notwithstanding the above, the District shall not require payment of an
Administrative Fee for development of an Accessory Dwelling Unit or Junior
Accessory Dwelling Unit.
SECTION VI -AMEND SECTION 3.1.15 OF THE ADMINISTRATIVE CODE
Administrative Code section 3. l . 15 shall be amended to add the following
language at the end of the paragraph:
"An Accessory Dwelling Unit or a Junior Accessory Dwelling Unit shall not
require a new or separate service connection or metering device. The District
may require that the connection and meter serving an existing single-family
dwelling unit or the Accessory Dwelling Unit be upsized as necessary."
SECTION VII -AMEND SECTION 3.1.49 OF THE ADMINISTRATIVE CODE
Administrative Code section 3.1 .49 shall be amended to add the following
paragraph at the end of the section:
"No Water Capacity Charge shall be assessed for the development of an
Accessory Dwelling Unit or Junior Accessory Dwelling Unit."
SECTION VIII-AMEND SECTION 4.2.10 OF THE ADMINISTRATIVE CODE
Administrative Code section 4.2.10 shall be amended to add
subparagraph "g" to the section:
"g. Notwithstanding the above, the District shall not require payment of
an Administrative Fee for development of an Accessory Dwelling Unit or Junior
Accessory Dwelling Unit.
SECTION IX -AMEND SECTION 4.3.2 TO ADD SECTION 4.3.2.5 TO THE
ADMINISTRATIVE CODE
Section 4.3.2 shall be amended to add subsection 4.3.2.5 to the
Administrative Code:
"4.3.2.5. Accessory Dwelling Unit and Junior Accessory Dwelling Unit. An
Accessory Dwelling Unit and Junior Accessory Dwelling Unit shall not require a
separate sewer connection to the Public Sewer."
SECTION X-AMEND SECTION 4.5.2 OF SECTION 4 OF THE ADMINISTRATIVE CODE
Section 4.5.2 of the Administrative Code shall be amended to add
subparagraph "g" to the section:
"g. Notwithstanding the above, no connection fee shall be assessed for
the development of an Accessory Dwelling Unit or Junior Accessory Dwelling
Unit."
SECTION XI -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 XII -EFFECTIVE DATE
This Ordinance amending the above referenced section to the
Administrative Code shall take effect 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 19 th day of May, 2022, by the
following vote:
AYES: Romsos, Peterson, Sheehan, Exline
NOES: None
ABSENT: Cefalu
Kelly han, President
South Tahoe Public Utility District
ATTEST: /l�. -0
�G �,_rk_o_f_t _h _e _B_o_a_r_d
South Tahoe Public Utility District