Chapter 110.80 — LAKE TAHOE BASIN—SPECIAL REGULATIONS

The ordinance from which this chapter is derived is enacted in accordance with the authority conferred upon the County by Article XI, Section 7 of the California Constitution and by the laws of the State.

(Code 1997, § 15.80.010; Ord. No. 4948, 10-19-2010)

It is found and declared by the County Board of Supervisors that:

A.

The number of new single-family residential building permits which can be permitted for the year 1982 within the City of South Lake Tahoe and the County is restricted by local, State, and Federal law. This chapter shall not be construed to authorize any new single-family residential construction in excess of the limitation imposed by the bi-state compact.

B.

Given such restrictions, the South Lake Tahoe Public Utility District and Tahoe City Public Utility District have requested the City of South Lake Tahoe and the County to jointly administer the system under which the available building permits will be allocated.

C.

After extensive review of potential alternatives for allocation of those building permits, it is the determination of the City of South Lake Tahoe City Council and the County Board of Supervisors that a random selection system is the most equitable system available at this time to distribute a limited number of building permits among many competing applicants.

D.

The utility districts have determined that new connections to the sanitary sewer system are available for single-family dwellings at this time for the 1982 allocation year.

E.

The County is required by law to construct its allocation system within the broad guidelines set forth by the Tahoe Regional Planning Agency Compact, until an allocation system is created pursuant to the revised TRPA general plan.

(Code 1997, § 15.80.020; Ord. No. 4948, 10-19-2010)

No person, unless otherwise exempted under this chapter, shall be authorized to receive a building permit for a single-family residence from the City or County unless and until such person has obtained an allocation approval. It is unlawful for any person to construct, erect, or cause to be constructed or erected within the City or County a single-family residence or any portion thereof requiring connection to the sewer system unless an allocation approval has been first obtained or the activity is exempt under the provisions of this chapter. Violation of this section shall constitute a misdemeanor, punishable according to law.

(Code 1997, § 15.80.030; Ord. No. 4948, 10-19-2010)

The following projects shall be required to have an allocation approval:

A.

All new buildings or structures for which building permits are required under the Tahoe Regional Planning Compact;

B.

All remodeling of buildings or structures for which building permits are required under the Tahoe Regional Planning Compact.

(Code 1997, § 15.80.040; Ord. No. 4948, 10-19-2010)

The following projects shall be exempt from the single-family residence allocation system:

A.

New single-family dwellings for which no building permit is required under the bi-state compact;

B.

Remodeling or reconstruction of single-family dwellings for which no building permit is required under the bi-state compact;

C.

The reconstruction or replacement of a single-family residential unit existing on January 1, 1980, or constructed pursuant to this section, for which a new building permit is normally required, to approximately its existing size and approximately its existing location, provided such reconstruction or replacement does not result in any increase in development potential or in present or potential land coverage or density, and will not have an adverse impact upon the health, safety, general welfare or environment of the region as determined by the Tahoe Regional Planning Agency.

(Code 1997, § 15.80.050; Ord. No. 4948, 10-19-2010)

No person shall construct or erect, or cause to be constructed or erected, any building or structure or any remodeling of any building or structure without connection to the sewer system if such connection is normally required unless exempted by Section 110.80.050. This provision shall prohibit buildings or structures which will need sewer service from being constructed or erected. Violation of this section shall be a misdemeanor and all such construction or remodeling is unlawful and a public nuisance, the creation or maintenance of which may be enjoined by a court of competent jurisdiction.

(Code 1997, § 15.80.060; Ord. No. 4948, 10-19-2010)

In order to encourage the construction of affordable housing in the Lake Tahoe Basin, 25 of the building permits available for issuance in 1982 under the terms of the Tahoe Regional Planning Agency Compact shall be set aside from those to be issued through the random selection process. Such permits shall be made available on a first-come, first-served basis to any applicant who has obtained a financing commitment for the construction of housing for occupancy by persons of low or moderate income under any State or Federal housing assistance program and who is or can be ready to proceed with the construction of such units in 1982. This section shall be evaluated jointly by the City Council and Board of Supervisors on or before July 1, 1982, to determine whether such set-aside allocation should continue, after reviewing the number and type of applications received on or before that date under this section.

(Code 1997, § 15.80.070; Ord. No. 4948, 10-19-2010)

A.

The revised Tahoe Regional Planning Agency Compact places specific restrictions upon the number of building permits which may be issued within any given year between 1980 and 1983. In order to ensure that those building permits that are issued shall be utilized in a way that is consistent with the protection of the environment of Lake Tahoe, the Board of Supervisors finds and determines that it is necessary to provide for the transfer of sewer connection allocations from parcel to parcel within the City, County and sewer districts.

B.

Such transfers may be provided for by the Building Official if:

The lot to which transfer of the building permit is proposed is considered developable by all agencies having jurisdiction; and

The transfer as proposed will be consistent with the general plan of the County.

C.

The Building Official shall adopt a procedure for transfer of residential building allocations, including, but not limited to, the issuance of a transferable "Notice of Intent to Issue Building Permit" immediately after notification of those persons who have been drawn for a residential building allocation, and provision for tracing ownership of such residential building allocation. Because Section 110.80.140 requires submission of a complete set of plans to the appropriate building department by November 30, 1982, no transfer of a residential building allocation after that date will be recognized.

(Code 1997, § 15.80.080; Ord. No. 4948, 10-19-2010)

Residential allocations shall be issued through a random selection process as set forth in this section:

A.

Applications for allocations will be received from January 4, 1982, to March 31, 1982. Applications must be filed on the forms provided by the City for that purpose and must be complete in order to be eligible for the random selection process. Only one application for each potential building site may be placed in the random selection process.

B.

Selection.

All residential applications within a public utility district, whether from the City or County area, shall be drawn in the same random selection process. The random selection shall be conducted on or before April 31, 1982, at a time and place to be determined by the allocation coordinator.

Applications shall be drawn one at a time, announced and recorded. The number of applications drawn shall not exceed that number of connections authorized by this chapter. When an application which is drawn fails to qualify because it is a multiple application for the same owner, because it is incomplete or materially inaccurate, or for other disqualifying reasons, another application shall be drawn at a subsequent date.

C.

The Allocation Coordinator, in cooperation with other interested agencies, shall review all drawn applications to ensure that the requirements of this chapter are met. Ownership shall be verified.

D.

The Allocation Coordinator shall notify successful applicants within 30 days after any drawing held. Such notice shall be by certified mail, return receipt requested. The Allocation Coordinator shall also post a list of successful parcels and applicants at the City and County Building Departments and the City Administrative Center.

E.

If a successful applicants' parcel is on land classified by any regional planning agency as within a stream environment zone, land classification Class 1-3, outside a development priority area, or contains less than 1,200 square feet of usable building area and lot consolidation cannot be accomplished, the land classification shall be verified in the field by all interested agencies within 14 days after notice from the City to successful applicants. If the determination is made that the land classification is correct, the applicant shall be notified that development on that parcel is prohibited by the Regional Planning Agency and that the applicant may either challenge the land classification under agency procedures, transfer the allocation to a lot of land classification Class 4-7, sell the development right to any interested buyer, or relinquish the allocation. Permit processing fees must be timely paid, however, time required for the processing of transfers or delay due to governmental processing may be added, if necessary, to the time within which plans must be submitted. Any such time will not extend the date within which a building permit must be issued past December 31, 1982, and there shall be no grounds for extensions of time other than those set forth.

(Code 1997, § 15.80.090; Ord. No. 4948, 10-19-2010)

A.

For purposes of the residential allocation drawing, no owner shall receive more than one allocation. The term "owner" shall include, but not be limited to, individuals, corporations, partnerships, trusts, associations, joint tenants, tenants in common and husband and wife. Ownership shall be shown by substantial evidence which may include, but is not necessarily limited to, a recorded deed or contract of sale in full force and effect on the submittal date or a judgment of ownership from a court of competent jurisdiction.

B.

Only one allocation from the residential category may be issued to an owner; in this regard ownership shall exist on the day of application submittal. For purposes of allocation issuance, ownership on the date of application submittal shall be binding. In instances where an owner has more than one application drawn, the owner shall have the choice as to which one application will be considered successful.

(Code 1997, § 15.80.100; Ord. No. 4948, 10-19-2010)

A.

All residential applications shall be complete in order to be eligible for the drawing. "Complete" shall include:

Proof of ownership;

Parcel and/or lot number;

Adequate information regarding the name and address of the applicant; and

All required signatures.

B.

The City shall not be required to contact applicants who have submitted incomplete applications.

(Code 1997, § 15.80.110; Ord. No. 4948, 10-19-2010)

The City Council shall, by resolution, determine the estimated administrative costs for operating the allocation system created by this chapter and the pro rata share to be borne by each successful applicant to defer such costs. Each successful applicant shall have 30 days from the date of notice, as sent by certified mail by the allocation coordinator, to remit to the City the required fee, or the allocation will be canceled. If the estimate of fees is inadequate to cover the actual cost of administering the program, successful applicants may be assessed additional fees at the time building permit applicants are submitted. If fees collected exceed the cost of administering the program, any such excess shall be returned to the successful applicants on a pro rata basis. If for any reason this section, or the charging of fees for administering the random selection process, is declared invalid or unlawful on the grounds that it is a prohibited "lottery" as that term is defined in State law, and the random selection system can be validated or made lawful by the return of fees collected, all such fees shall be returned to the applicants. It is the Council's declared intent that the random selection process is to be utilized even if such fees must be returned.

(Code 1997, § 15.80.120; Ord. No. 4948, 10-19-2010)

All building permit applications shall be on a building permit application form provided by the County Building Department and shall be approved by all other agencies having jurisdiction before being accepted for processing by the County.

(Code 1997, § 15.80.130; Ord. No. 4948, 10-19-2010)

Successful residential allocation applicants shall, within 30 days after notice from the City, pay all required allocation processing fees. Failure to timely pay such fees will result in cancellation of the allocation and a redrawing. A complete set of plans for the construction of a single-family residence must be submitted to the City or County Building Department no later than 5:00 p.m., November 30, 1982. A building permit for such structure must be issued by and obtained from the City or County Building Department not later than December 31, 1982, or the allocation will be canceled. Drawings will be held as necessary from time to time to give applicants the maximum possible time for the processing of permits after redrawings.

(Code 1997, § 15.80.140; Ord. No. 4948, 10-19-2010)

Applications that are unsuccessful will not be retained for the next succeeding year's allocation program. A new application must be submitted.

(Code 1997, § 15.80.150; Ord. No. 4948, 10-19-2010)

A.

The Tahoe Regional Planning Agency Compact, as signed into law on December 19, 1980, provides that no more than 64,000 square feet of commercial development may be allowed in the City of South Lake Tahoe and the County for each of the years 1981 and 1982. Due to the time constraints inherent in obtaining necessary project approvals, it is the policy of the City Council and Board of Supervisors to allocate square footage for both 1981 and 1982 so that project applicants will have some assurance that an allocation will be available. Due to potential uncertainties in the status of particular projects it is desirable for the City Council and Board of Supervisors to have the maximum procedural flexibility in adopting and revising such allocations of commercial square footage.

B.

Therefore, the City Council concurrently with the Board of Supervisors shall adopt, by resolution, a list of projects which require allocations of square footage under the compact for the years 1981 and 1982. Every project allocated square footage under the resolution must have received all governmental approvals and obtained a building permit for the project not later than July 1 of the year for which a square footage allocation is made or that square footage allocation will be granted to the next applicant in line who has received all necessary governmental approvals and is ready to file a complete building permit application which shall be filed immediately upon any allocation; provided, however, the July 1 deadline may be extended by the City Council and Board of Supervisors for a reasonable time, not to exceed 90 days, if it is shown by substantial evidence that the applicant has been prevented from meeting the July 1 deadline, due to processing delays imposed by other governmental agencies which delays were beyond the control of the applicant.

C.

Further, in any given year for which an allocation is made, the City Council and the Board of Supervisors may jointly and concurrently decide what particular project or projects which are ready to submit a building permit application are of such overriding importance to the public health, safety, and welfare that such project or projects should be entitled to a priority over other projects currently listed in the resolution.

D.

No such decision shall be made by the City Council and the Board of Supervisors without ten days' written notice being given to every applicant then on the allocation list that such a priority override is being considered, and advising them of the time and place of hearing upon the application for a priority override, and that they may appear and be heard, either orally or in writing, upon the granting of such an override. The expiration date set forth in Section 110.80.200 shall not apply to any project granted an allocation under this section.

(Code 1997, § 15.80.160; Ord. No. 4948, 10-19-2010)

In the event that an applicant seeks to modify the plans submitted with a building permit application, other than for purposes of making corrections required by Department plan checks, the applicant shall pay a new plan check fee of $100.00 to defer the additional administrative costs inherent in the submittal of completely new or substantially modified plans. Increases in project size shall be subject to additional building permit fees. Changes in the size or delineation of the project shall be subject to the approval of all agencies having jurisdiction.

(Code 1997, § 15.80.170; Ord. No. 4948, 10-19-2010)

A.

The City-County allocation system which has, or will be, certified by the South Tahoe Public Utility District and North Tahoe Public Utility District, has available for non-single-family residential use a number of sewer units for the year 1982. These units shall be allocated among the various applicants as follows:

First priority for the allocation of units shall be to those projects which have previously been issued building permits, but require additional sewer units to complete such projects.

Second priority for the allocation of units shall be those projects which are upon the list to receive allocations of square footage under Section 110.80.160.

Third priority for the allocation of units shall be any other project, whether public or private in nature, which wishes to secure sewer units in 1982 for use in 1982 or subsequent years.

B.

All issuance of sewer units shall be subject to the following conditions:

Sewer units shall be assigned to a particular project and shall not be transferable. Any unused sewer units shall be reallocated to other projects by City-County allocation system.

All sewer units shall be paid for at the time an allocation for those units are received.

Any private project which does not receive all necessary agency approvals and obtain a building permit within two years from the date of allocation of sewer units shall forfeit all rights to the units.

(Code 1997, § 15.80.180; Ord. No. 4948, 10-19-2010)

When an application drawn under the residential random selection process is subsequently determined to be invalid, or a successful applicant fails to timely pay the fees required by the City, or a successful applicant in the first random selection is otherwise unable or unwilling to proceed with construction, that allocation shall be placed into a second random selection drawing to be held as soon as possible after the number of such allocations available for a second random selection drawing are known. The second and/or any other subsequent drawings shall be conducted in accordance with the provisions of this chapter. Subsequent drawings shall be held until all residential allocations have been successfully distributed. The Allocation Coordinator is authorized to establish such time and place for such subsequent drawings as may be necessary or desirable.

(Code 1997, § 15.80.190; Ord. No. 4948, 10-19-2010)

The ordinance from which this chapter is derived shall expire and be of no further force and effect on December 31, 1982, except as it affects projects which have obtained allocation appropriations as described in this chapter. At that time the number of allocations available in 1983, if any, and the system to be used in allocating them shall be considered.

(Code 1997, § 15.80.200; Ord. No. 4948, 10-19-2010)

ORDINANCE NO. 4959

THE BOARD OF SUPERVISORS OF THE COUNTY OF EL DORADO DOES ORDAIN AS FOLLOWS:

AMENDMENTS TO THE EL DORADO BUILDING CODE AND THE EL DORADO COUNTY GRADING ORDINANCE

WHEREAS, the national economy and the sale of homes has slowed dramatically, it is deemed to be in the best interest of the County to allow people who have valid, approved building and grading permits reasonable additional time to complete their previously permitted new building and grading projects.

NOW, THEREFORE, BE IT ORDAINED that:

A.

The County Development Services Division of the Community Development Agency and Transportation Division of the Community Development Agency shall extend all building permits for new buildings and grading permits, other than those covered in Subsection C of this section, that are valid on May 30, 2011, for two years from the expiration date that was on the permit on that date; the permit holder does not need to apply or pay a fee to obtain this two-year extension.

B.

The extension granted by this section is in addition to, and does not affect the future ability of permit holders to apply for, the renewals and/or reactivations of permits set forth in Sections 110.16.020 and 110.14.220.

C.

The extension described in this section shall not apply to:

Any permit that was issued to resolve a code enforcement action on the property on which the permit was granted;

Any permit subject to regulation under the Tahoe Regional Plan.

(Ord. No. 4959, 5-3-2011)

Titles 111—119 - RESERVED