DATE: September 10, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works & Planning
SUBJECT: Resolution for Conditional Transfer of One Sewer Equivalent Dwelling Unit within County Service Area 31B - Shaver Lake
RECOMMENDED ACTION(S):
TITLE
Adopt Resolution authorizing the conditional transfer of one excess sewer equivalent dwelling unit from Assessor’s Parcel Number 120-207-13 to Assessor’s Parcel Number 120-234-15 within County Service Area No. 31B - Shaver Lake.
REPORT
Approval of the recommended action will authorize conditional transfer of one excess sewer equivalent dwelling unit (EDU) within County Service Area No. 31B (CSA 31B) and leave Assessor’s Parcel Number 120-207-13 with an allocation of 5.5 sewer EDUs. The Transferee has requested the EDU transfer so a tri-plex can be built on Assessor’s Parcel Number 120-234-15. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
Your Board may direct the owner of Assessor’s Parcel Number (APN) 120-234-15 to obtain an alternate method of sewage disposal.
FISCAL IMPACT:
There is no Net County Cost associated with the recommended action. All costs associated with processing the transfer are funded by Darrell G. Herzog (Transferee) and not charged to CSA 31B.
DISCUSSION:
In 1985, a sewer system was installed to provide service to parcels in CSA 31B. The system was designed to provide sewer capacity with an allocation based on existing and then proposed use per parcel. The sewer system is now at full capacity based on the allocations.
Additional sewer capacity can only be acquired through a transfer of EDUs from an allocated property which excess allocation over actual necessity to another property or by structurally expanding the capacity of the existing sewer system. Not all properties in the CSA 31B area have a right to connect to the sewer system. Prospective buyers are made aware of a property’s right to connect, or lack thereof, through the purchasing process and building permit process.
• On February 8, 2000, the Board adopted Resolution No. 00-043, which established procedures for transferring excess sewer EDUs from one property to another, subject to authorization by the Board of Supervisors. The procedures are initiated by a letter from a property owner seeking authorization for a proposed EDU transfer. The letter must be submitted to the Resources Division of the Department of Public Works and Planning (Resources Division) and must identify the parcels and parties to be involved, the number of EDUs being transferred from one parcel to the other and indicate the intended use of the parcels.
• Next, the Resources Division must receive a notarized written request from the owner of the parcel from which the sewer EDUs will be transferred. That request must include a legal description of the transferor parcel and a statement that the person signing the request is the owner of the transferor parcel or is authorized by the owner of that parcel to enter into the transaction on his or her behalf.
The Transferee has proposed a transfer of one EDU from excess EDUs associated with APN 120-207-13, the rights of which are owned by KZH Properties, LLC (Transferor). The parties have submitted written documentation that provides the information, representations, and warranties required by Resolution No. 00-043. Attachment I is a copy of the notarized request form.
The Transferee proposes to develop a tri-plex on APN 120-234-15 in Shaver Lake. The Transferor parcel currently has 6.5 total EDUs, which will be reduced to 5.5 EDUs after this transfer is complete. Originally the Transferor parcel had 2.5 EDUs. Another EDU was added when the Transferor parcel merged with a neighboring lot that had 1 EDU, and the Transferor parcel purchased 3 EDUs which were conditionally approved by the Board on March 24, 2020 through Resolution No. 20-102. The required documentation to finalize the conditional transfer of the 3 EDU’s was received and approved by County Staff in April of 2020.
The Transferors’ property is classified as a Class 3 Sewer Participant, and the Transferee’s property is classified as a Class 3 Sewer Participant under Fresno County Ordinance No. 85-002, “Establishing Rules and Regulations for Sewer Service by Fresno County Service Area 31 (Shaver Lake),” passed January 8, 1985, indicating a right, once all classification-appropriate fees have been paid, to connect to the CSA 31 sewer system.
With your Board’s approval of the recommended action, the Transferee’s parcel will experience a change in use which increases sewage flows, in which case fees will be charged for the additional use in the same manner as a Class 4 connection. The Class 4 connection fee is currently $3,570 per EDU. In addition, your Board’s approval would conditionally approve the transfer of one excess EDU from APN 120-207-13 to APN 120-234-15. After that conditional approval, the Transferee would then have to deliver to the Resources Division a fully executed and notarized form, including legal descriptions of both the Transferor’s property and the Transferee’s property, and reciting that the transfer was consummated by the parties’ execution of the form and pay the Class 4 connection fees to finalize the transfer.
REFERENCE MATERIAL:
BAI #50, March 24, 2020
BAI #31, February 8, 2000
ATTACHMENTS INCLUDED AND/OR ON FILE:
Attachment I
On file with Clerk - Resolution
CAO ANALYST:
Salvador Espino