DATE: February 7, 2017
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works & Planning
SUBJECT: Adopt Resolution Authorizing Conditional Transfer of One Sewer and One Water Equivalent Dwelling Unit between properties within County Service Area 31 - Shaver Lake
RECOMMENDED ACTION(S):
TITLE
Adopt Resolution authorizing the conditional transfer of one sewer and one water equivalent dwelling unit from Assessor’s Parcel Number 136-372-24 to Assessor’s Parcel Number 130-920-30.
REPORT
The recommended action will approve the conditional transfer of one sewer and one water equivalent dwelling unit (EDU) within County Service Area 31 (CSA 31) and leave Assessor Parcel Number (APN) 136-372-24 with an allocation of one sewer and one water EDU.
ALTERNATIVE ACTION(S):
Your Board may direct owner of APN 130-920-30 to obtain an alternate water source and 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 recommended action is being paid by the Applicant and not charged to CSA 31.
DISCUSSION:
In 1985, a sewer system was installed to provide service to parcels in CSA 31. The system was designed to provide sewer capacity with an allocation based on a parcels then existing and/or proposed use. Currently there is no additional capacity. Therefore, if additional sewer capacity is needed for a proposed change in use or an unanticipated new development, it can only be acquired through a transfer from another property whose owner has determined that it has a sewer entitlement exceeding the amount required for the owner’s use thereof or by expanding the physical capacity of the sewer infrastructure and facilities. Similarly, the CSA 31 ground water supply is limited in its capacity, therefore in order to obtain water rights for a property that lacks an EDU, a transfer of an EDU from one property to another or the construction of a County approved water source is required.
A potential new property owner will become aware of the property’s right or lack thereof to connect to the CSA 31 sewer and/or water system from the current owner of the property during the purchasing process, as well as from the Development Services Division when requesting building permits.
On February 8, 2000, your Board adopted Resolution No. 00-043. That Resolution established procedures for transferring EDUs from one property to another, subject to authorization by the Board of Supervisors.
The procedures for transferring EDUs 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). The letter must identify the parcels and parties to be involved, state 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 and water 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.
Paul V. Evert & Sharon H. Evert Trustees (Transferee) has proposed a transfer of two EDUs from the property identified by APN 136-372-24, which is owned by Mark A. Stover and Kelly A. Stover (Transferor), to the property identified by APN 130-920-30, which is owned by the Transferee. The parties have submitted written documentation that provides the information, representations, and warranties required by Resolution No. 00-043. Attachment 1 to this agenda item is a copy of the notarized request form.
The Transferee proposes to develop a single family residential dwelling on APN 130-920-30 in Shaver Lake. The available EDU comes from a merger of two lots located within CSA 31 (Tract 5276) in an “R-1-B” zoning district restricting parcels to one family dwelling unit per lot thus allowing two EDUs to remain unused.
The Transferor’s property is located in the Quartz Mountain subdivision and was formerly two lots described by former APNs 136-372-01 and 136-372-22. The merger of those two lots was approved by the County of Fresno Development Services Division on September 11, 2014, to form APN 136-372-24. Both former lots were classified as class 4 sewer participants 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. The Transferor’s property, which currently has two sewer and two water EDUs would retain one sewer and one water EDU if this request is granted. The Resources Division approves the proposed EDU transfer and believes that it does not pose a risk to the CSA 31 sewer or water system’s infrastructure or capacity.
Approving the recommended action would conditionally approve the transfer of one sewer and one water EDU from APN 136-372-24 to APN 130-920-30 (see Exhibit A). 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, reciting that the transfer was consummated by the parties’ execution of the form.
REFERENCE MATERIAL:
BAI #31, February 8, 2000, Res. #00-043
ATTACHMENTS INCLUDED AND/OR ON FILE:
Exhibit A
Attachment 1
On file with the Clerk - Resolution
CAO ANALYST:
John Hays