Res 2022-051 Policy Regarding TRPA Commodities RevisionPage 1 of 5
Resolution 2022-051
Adopted by the City of South LakeTahoe
City Council
May 3, 2022
Policy Regarding Disposition of Tahoe Regional Planning Agency
(TRPA) Development Commodities Owned by City of South Lake Tahoe
(Replacing Resolution 2019-067)
BACKGROUND
A.The Tahoe Regional Planning Authority (TRPA) is the land use authority and has
established a development rights system to manage future development and a system
to regulate the amount of land coverage in the Tahoe basin.
B.The TRPA development rights are land use units that must be acquired before a
property can be developed. Development rights include potential residential units of
use (PRUs), single and multi-family residential units of use (RUUs), tourist
accommodation units (TAUs), and commercial floor area (CFA).
C.Permanent land coverage is also regulated by the TRPA to protect the Lake Tahoe
watershed. Parcels are limited to a specified amount of land coverage and, in some
cases, may be transferred to maximize the allowable amount on a given parcel.
D.The City of South Lake Tahoe is subject to applying the development rights and land
coverage systems to our review and approval of land use entitlement applications that
are subject to the TRPA/City Memorandum of Understanding.
E.The City has TRPA development rights and land coverage which have accumulated
from various sources (e.g., Environmental Improvement Projects, implementation of
Community Plans and Area Plans, City purchase of land with attached development
rights, the retirement of rights, and TRPA allocation of development).
F.The City has been approached by project developers/applicants interested in securing
development rights and land coverage from the City.
G.The City has independently sold or provided various TRPA development rights and
land coverage to project developers/applicants based on the merits of the individual
project.
H.Through the sale of TRPA development rights and land coverage the City has also
provided an environmental and economic incentive to projects which otherwise would
not have been economically feasible.
I.The City believes it is appropriate, and transparent, to establish a policy that addresses
the future distribution and sale of development rights and land coverage maintained by
the City.
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BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the
City Council of the City of South Lake Tahoe:
1.Acknowledges and reserves the right to retain all necessary TRPA development
rights and land coverage to support City-sponsored municipal projects; and
2. Hereby authorizes the distribution and sale of City maintained TRPA development
rights and land coverage subject to the provisions of this policy; and
3.The City Council adopts the following policy for the distribution and sale of
TRPA development rights and land coverage:
A.Distribution and sale of TRPA development rights and land coverage
shall be directed toward the development of residential, commercial,
mixed-use, and industrial properties in the City of South Lake Tahoe.
B.Distribution and sale of City-owned TRPA development rights and land
coverage shall be consistent with the TRPA Regional Plan, TRPA Code
of Ordinances, City of South Lake Tahoe General Plan and Municipal
Code, and all other applicable community or area plan policies.
i.When a developer/applicant requests City maintained TRPA
development rights and/or land coverage for a project to be located
within the City, the proposed project shall be evaluated to ensure
the project is consistent with the following criteria;
a.The subject property must be in the City of South Lake Tahoe;
and
b.The developer/applicant must have a planning application
on file with the Development Services Department, prior to
a project developer/applicant requesting development rights
and/or land coverage; and
c.The proposed project provides an environmental and/or
economic benefit for the community.
C.The distribution and sale of development rights and land coverage shall
be to the affected parcel(s), not the developer/applicant; and
i.Any change to an approved project (e.g., elevations, building size or
siting, land uses, or density) may result in the revocation of prior
reservation and/or allocated development rights and/or land
coverage. The City Manager has the discretion to require any
project change to be reviewed by the City Council to determine
whether development rights or land coverage should be revoked. If
revoked, the developer/ applicant will return to the City the allocated
development rights and/or land coverage. The City shall reimburse
the developer/applicant the price of sale, less the City's
Res 2022-051 May 3, 2022
Page 3 of 5
administrative processing fee.
D.The distribution and sale of TRPA development rights and land coverage shall be
at no cost for the following projects:
i.The sale of city-owned development rights and land coverage shall be at
no cost to single or multi-family residential projects, which are deed
restricted to accommodate low, very-low, and moderate-income families,
as defined by the Department of Housing and Community Development
(HCD) annual State Income Limits, pursuant to Health & Safety Code
Section 50093.
ii.The sale of city-owned development rights and land coverage shall be at
no cost to a developer/applicant of a multi-family residential project or a
mixed-use project containing multi-family residential units, if the project
is located with the boundaries of an identified Town Center.
a.A mixed-use project can be the horizontal or vertical mix of uses
(residential, commercial and industrial).
iii.The sale of city-owned development rights and land coverage shall be at
no cost to commercial/industrial projects, when the property is deemed to
be distressed and/or blighted, and the value of the proposed
improvements and/or new construction are greater than fifty-one percent
of the El Dorado County assessed value.
iv.Up to 20 City banked Tourist Accommodation Units may be converted to
Residential Units of Use and sold at no cost for the construction of new
Accessory Dwelling Units.
v.Up to 20 City banked Tourist Accommodation Units may be converted to
Residential Units of Use and sold at no cost for the construction of new multi-
family (2 or more units) projects where the developer/applicant provides evidence
that all residential units utilizing converted City Tourist Accommodation Units are
deed-restricted for occupancy by a tenant employed at least 30 hours per week
at a place of business located in the Tahoe Basin.
Should an approved residential, commercial, mixed-use, or industrial project
later choose to subdivide the land (pursuant to the Subdivision Map Act), all
previously required deed restrictions will remain in force or the developer shall
reimburse the City the full market rate for said development rights/land coverage
at the time of subdivision.
E.Should the City provide or sell development rights or land coverage for a project
containing residential units, a deed restriction shall be placed on the property
prohibiting use as a Vacation Home Rental as defined in City Code Section
3.50.370.
F.Commercial Floor Area shall only be provided or sold to a commercial project and shall
Res 2022-051 May 3, 2022
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not be converted to other development right types.
4.The City Council adopts the following implementation strategy for the distribution and
sale of development rights and land coverage:
A.The Development Services Department will have an appraisal prepared by a
California licenses appraiser, analyzing the sale of each development right (potential
residential units of use (PRUs), single and multi-family residential units of use (RUUs),
tourist accommodation units (TAUs), commercial floor area (CFA); and land
coverage), for the preceding calendar year.
i.The appraiser shall prepare the above-described report for presentation to the
City Council on or before February 1 of each calendar year.
a.The report shall describe the methodology used in determining the
value of each development right category, including commercial floor
area, and
b.The report shall contain recommendations for each development right
category, including land coverage; and
c.The report shall also include a recommended tiers rate structure to
address variances based on the scale of the project.
ii.The City Council reserves the right to annually set the price point for each
development right type and/or land coverage; and
a.The established cost per category, shall be based upon one-third of the
recommended appraisal rate.
iii.A developer/applicant shall have one-year from the date of the approved
development right/land coverage request to submit and obtain a building
permit, issued through the City. If this milestone is unachievable the
applicant may apply for an extension or relinquish the City granted
development rights and land coverage.
iv.One, one-year extension for the retention of approved development rights/
land coverage may be granted by the City Manager, based on the project
continuing to meet the distribution policy and proceeding in a diligent
manner, or relinquish the City granted development rights and land
coverage.
v.The sale and transfer of development rights/land coverage shall be
completed prior to the issuance of a Certificate of Occupancy.
vi.If any of the associated City Planning, Building and/or TRPA permits
expire, the allocated development rights/land coverage shall be returned
to the City. The City shall also reimburse the developer/applicant for the
cost of those development rights/land coverage, less the City's
administrative processing fee.
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vii.Should the project parcel(s) change ownership the development rights
may be transferred to a new owner so long as the project is constructed
as approved. Any change to an approved project (e.g., elevations,
building siting, interior configuration) may result in the revocation of prior
reservation and/or allocated development rights and/or land coverage.
viii.When approved development rights/land coverage is banked on a
sending parcel, the developer/applicant shall obtain TRPA Transfer of
Development Rights approval prior to the issuance of a certificate of
occupancy.
ix.The proceeds from the sale of city-owned development rights/land
coverage shall be dedicated to the City's Workforce Housing Fund to
support the City's affordable housing initiatives.
B.The City Council hereby delegates to the City Manager the authority to approve
or deny, and to complete the distribution and sale of the development rights/land
coverage inside the City of South Lake Tahoe consistent with the criteria outlined
in this policy.
C.The City Council reserves the sole right to distribute and sell development
rights/land coverage to private developers and other public agencies outside the
City of South Lake Tahoe, and all such distribution and sales shall be at the full
market rate at that time.
D.The City Council hereby directs the implementation of an annual review process
of this policy to be completed prior to February 1, of each calendar year.
E.These policies supersede all other distribution and sale of development rights and
land coverage policies adopted by the City Council through Resolution No.
2017-73.
Adopted by the City of South Lake Tahoe City Council on May 3, 2022 by the following vote:
Yes: Bass, Creegan, Friedrich, Middlebrook and Wallace
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
_______________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as
approved by the South Lake Tahoe City Council.
Res 2022-051 May 3, 2022
Sue Blankenship (May 25, 2022 09:04 PDT)
Devin Middlebrook (May 25, 2022 09:25 PDT)May 25, 2022
Res 2022-051 Policy Regarding TRPA
Commodities Revision
Final Audit Report 2022-05-25
Created:2022-05-25
By:jo Mcdonough (jmcdonough@cityofslt.us)
Status:Signed
Transaction ID:CBJCHBCAABAAtGyrc2ECgvByyBwRi0dvs3q0zrXmOaug
"Res 2022-051 Policy Regarding TRPA Commodities Revision"
History
Document created by jo Mcdonough (jmcdonough@cityofslt.us)
2022-05-25 - 3:51:49 PM GMT- IP address: 128.92.136.146
Document emailed to Sue Blankenship (sblankenship@cityofslt.us) for signature
2022-05-25 - 4:00:12 PM GMT
Email viewed by Sue Blankenship (sblankenship@cityofslt.us)
2022-05-25 - 4:04:13 PM GMT- IP address: 128.92.136.146
Document e-signed by Sue Blankenship (sblankenship@cityofslt.us)
Signature Date: 2022-05-25 - 4:04:28 PM GMT - Time Source: server- IP address: 128.92.136.146
Document emailed to Devin Middlebrook (dmiddlebrook@cityofslt.us) for signature
2022-05-25 - 4:04:30 PM GMT
Email viewed by Devin Middlebrook (dmiddlebrook@cityofslt.us)
2022-05-25 - 4:24:45 PM GMT- IP address: 66.189.255.213
Document e-signed by Devin Middlebrook (dmiddlebrook@cityofslt.us)
Signature Date: 2022-05-25 - 4:25:04 PM GMT - Time Source: server- IP address: 66.189.255.213
Agreement completed.
2022-05-25 - 4:25:04 PM GMT