South Tahoe Association of REALTORS Area Specialist Certification STUDY GUIDE

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1 South Tahoe Public Utility District The transfer of the water/sewer billing is addressed by an escrow company at the time title is transferred to a new owner. The escrow company verifies any outstanding sewer and/or water payments due, prorates such bill based upon the closing date and provides the new owner information to the District. Agents representing both the buyer and the seller are advised to confirm the transfer of ownership has occurred following the close of escrow. REALTORS should encourage their Buyers to check on the number of sewer units (kitchens and bathrooms) for a property. The Seller is liable for sewer connection fees and any back charges owed for a sewer unit(s) that was/were installed illegally. Upon transfer of title, the Buyer may be liable for the sewer connection fee and any back charges owed for a sewer unit(s) that was/were illegally installed. Sewer bills are the same for all types of residences based upon the number of legal sewer units regardless of actual usage. Water bills are based upon either actual metered usage or a flat rate charge. The minimum number of sewer units for any residence is 2. Residential fire sprinklers are required on all new construction regardless of square footage. When a client is looking at new construction, purchasing, or remodeling a home with over 3,600 square feet, that client should be advised to check with the appropriate Fire Marshall (City of SLT or Lake Valley FPD) with regards to fire flow requirements. A "flow test" measures water pressure from a fire hydrant and gallons per minute of water flow from a fire hydrant. The minimum requirement of a flow test is based upon the distance from the nearest hydrant. In 2004 California passed AB 2572 which mandated all public water systems, with 3,000 or more connections, to be fully metered by the year Once a home is metered, the customer may receive one full seasonal cycle to monitor the water usage and make any changes to their water use prior to actual metered billing. Water meters have been required on all new construction since A fire hydrant must be within 250 feet of the structure in question. If not within 250 feet, a fire hydrant must be purchased from STPUD and installed. When planning for a residential sprinkler system that has been deemed necessary by the appropriate Fire Marshall, you must have your sprinkler plan designed and approved by the Fire Marshall before having it reviewed by STPUD. The fire sprinkler designer and the fire Marshall will determine the appropriate fire line size that must then be paid for at STPUD. If a property owner has more sewer units than they need, they can sell the units or transfer the units to another property until December 31, 2012 (ordinance then sunsets). Page 1 of 10

2 City/County Building Departments Depth, winterization of site, and cubic yards of soil moved are all considerations in excavation/grading work. You may upgrade/replace windows in your home: with an approved permit only (in the City), or without a permit (in the County) so long as no structural changes or size changes are made. When rebuilding in the Angora fire area, you cannot rebuild the existing structures without plan approval from the Building Department. Also, all properties being rebuilt in the Angora fire area are subject to the building codes that are in place at the time of submittal. Permit history, a list of building allocation applicants and position in line, and fee structure calculations for permits are all available on the El Dorado County website. When an allocation is available and the potential recipient chooses not to accept, the applicant can pay $300 to be placed back "in line", or the applicant is reimbursed $1,000 of the original deposit and the allocation goes to the "next in line". The general rule in regard to excavation/grading, is that it is prohibited between October 15th - May 1st. The County requires complete winterization of any project by October 15th as well as throughout the duration of construction. Properties within a Scenic Corridor, per the TRPA, must comply with pre-approved colors. In El Dorado County, the City of South Lake Tahoe and the County's Building Services departments handle most of the paperwork and the TRPA compliance issues. Page 2 of 10

3 California Tahoe Conservancy Transfers of land coverage between two projects must occur within the same hydrologic or watershed boundaries. The Bailey Land Classification System applies to commercial properties, residential properties developed prior to the IPES system, and vacant residential properties zoned for multi-family projects. A landowner would need to obtain permits from El Dorado County in order to build a house on the west shore in El Dorado County on a property that is NOT visible from the lake. "Land Coverage" is best defined as a right associated with a property that describes a hard surface on a lot, such as a house, driveway, or shed that prevents storm water runoff from infiltrating into the ground. The California Tahoe Conservancy is a state agency. The California Tahoe Conservancy performs restoration work on their properties in order to create a more functioning ecosystem, and grants funds to other agencies to buy properties for erosion control purposes. The CTC's jurisdiction covers the California side of the Lake Tahoe Basin. Landowners that are eligible to transfer land coverage to a new residential land development project must transfer the land coverage to their development site from a specified geographic region in the Lake Tahoe Basin, and must have approvals from local government in order to transfer the land coverage to their development site. A homeowner living adjacent to a Conservancy lot may alert the Conservancy of any apparent misuse of the property. Page 3 of 10

4 Vacation Rentals South Tahoe Association of REALTORS Area Specialist Certification The maximum occupancy of a vacation rental for both the City of South Lake Tahoe and El Dorado County is 2 persons per bedroom, plus 4. The standard transient occupancy tax for both the City of South Lake Tahoe and El Dorado County is 10%, and an additional rate of $4.50 per night in the City for the Tourism Improvement District Assessment. A vacation rental permit is required if an owner plans to rent his property himself, but only if the owner rents it for 30 consecutive days or less. The signs and notification requirements of the City Vacation Rental Ordinance are as follows: a) Name of the managing agency with a 24 hour contact number, maximum number of occupants, maximum number of vehicles, number of police dept. and rental hotline, police dept. . b) Number and location of onsite parking spaces with rules for seasonal snow removal, trash pickup day and rules, notice of ordinance for disturbance or violating the rules of the occupancy. The fine for permit violations in the City is: The first violation is an advisory letter. Second issue becomes the official violation with no fine. Third issue is a fine of $250, 4th is $500, 5th is $1,000 fine and/or revocation of the permit. All of the above to occur in one calendar year. The owner (if managing the property personally) or the property management company (if one is in use) is responsible for paying the Transient Occupancy Tax. The penalty to a homeowner who is vacation renting the home without a permit is a fine up to $1,000, take them to small claims court to collect, and the city will charge back taxes. It is unlawful for any person on a residential property or a public way to make or continue, or cause to be made or continued, any offensive, excessive, unnecessary, or unusually loud noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others on residential property or public ways within the city. The city requires posting of an exterior sign with police contact information on a property, the county does not. Both the City and County have the authority to establish a permit parking system to handle areas with sensitive parking concern. The City and County require a local contact be available to respond to the location of the vacation home rental 24 hours a day by law enforcement officials of the existence of a violation. The City can revoke the rental permit on the third violation, the County on the fourth violation within a calendar year. The City requires an animal-proof trash enclosure following a second trash violation. The County requires a secured trash removal system (house cleaners can be considered a secured trash removal system in the County). Page 4 of 10

5 Forest Service Cabins - Special Use Recreation Residences began to encourage public recreation in The Forest Service assesses and collects fees charged to recreation residences on an annual basis. The land is the only thing being appraised. The fee is 5% of the appraised land value. The fees go to the United States Treasury and local county roads and schools. When a sale of a recreation residence takes place, the buyer & seller must first meet with the local Forest Service Special Use Administrator. Maintenance items may need to take place prior to the sale. Only the remaining term of the current permit is guaranteed to the buyer. Although Recreation Residence Special Use Permits are issued for 20 years, there is no guarantee that a new permit will be renewed in the future, and the recipient may be responsible for removing all improvements and restoring the land to its original condition at the recipient's expense if a new permit is not issued. As a real estate licensee, the primary contact for general information regarding the sale of a Recreation Residence is the permit holder(s). You can post "for sale" signs for a Recreation Residence on the cabin, or on the lot with permission from the Forest Service. Recreation cabins may NOT be used as primary residences. A cabin must be utilized at least 15 days per year by the permit holder to ensure that the privilege granted by the permit is exercised and the continued use of public land is justified. Owners may rent their cabins for a maximum of 14 days per year, with written authorization from the Forest Service. Within tracts, the general public may access National Forest lands by walking across lots or parking in areas not under permit. Cabin owners are required to remove "hazard" trees on their lot, and must get authorization from the Forest Service first. Forest Service form number a is required to be completed for the transfer of a recreation residence. You may only be a special permit holder for ONE cabin at a time. Page 5 of 10

6 South Tahoe Refuse Each property owner pays the refuse collection fees for California Residential customers. There are mandatory collection fees for California residential customers due to potential health and safety issues because during the early 1970's illegal dumping became a problem. Collection fees are a flat fee. The primary method of recycling in South Lake Tahoe is a combination of curbside blue bag sorting and MRF (Materials Recovery Facility). Hazardous materials can be delivered to the South Tahoe Refuse Transfer Station on Tuesday and Saturday mornings and afternoons. A lien will be placed against a property when a bill is 90 days past due. The South Tahoe Refuse has a Buy-Back (recycling) Center. Page 6 of 10

7 Fire Departments South Tahoe Association of REALTORS Area Specialist Certification Residential Defensible Space includes: The area between a house and an oncoming wildfire where the vegetation has been modified to reduce the wildfire threat. The removal of some trees, branches, brush, bushes, or other vegetation that is considered highly flammable. It aids in minimizing the chance that a fire in your home will escape to the surrounding wild land. Tree branches and limbs need to be cleared within 10 feet from a structure. The 3 zones of Defensible Space are: 0-5 feet, 5-30 feet, and feet. The maximum dollar amount that is provided to eligible homeowners to replace wood/shake roofs through the Lake Valley Fire District Wood Replacement Grant Program is $6,000. The County of El Dorado requires a permit for any residential open burning all of the time. The City of South Lake Tahoe does not allow any residential open burning other than cooking fires. Smoke Detectors and Carbon Monoxide Detectors are required on every level in a single family residence. New construction of a single family residence in the City of South Lake Tahoe requires installation of a sprinkler system. The fire department is allowed to mark a tree for defensible space in the Tahoe Basin. Page 7 of 10

8 Tahoe Regional Planning Agency (TRPA) The TRPA's purpose is: To preserve the clarity of Lake Tahoe, ensure growth is managed while delivering environmental gains, and to reduce air pollution. The TRPA's Bi-State Compact calls for the Agency to establish equilibrium between the natural environment and the human-made environment. The central tool the TRPA uses to check this balance is called the Environmental Threshold Carrying Capacities. When scientists began measuring Lake Tahoe's world-famous clarity in the 1960s, it was measured at about 100 feet. TRPA's present Regional Plan was adopted in Initially, TRPA's mandate called for controlling runaway development. TRPA's next Regional Plan will focus on: Incentives for redevelopment in Lake Tahoe's commercial centers, pedestrian-transit-oriented development, and more rapid attainment of environmental goals. You can remove a tree on your property for defensible space without a permit if: the tree is less than 14" diameter at breast height, the tree is less than 6" in a stream area, the tree was not planted at the request of the TRPA as part of a project, the tree is dead and not in a stream or shorezone area. Defensible Space measures supported by all Lake Tahoe agencies include: raking all pine needles once a year, in the spring, creating a 5 foot non-combustible moat around structures, maintaining a lean, clean and green space to 30 feet surrounding structures. Plan Area Statements are a Lake Tahoe specific version of traditional zoning laws. They list what uses are allowed and what are considered Special Uses requiring a permit and public hearing. They are a division of at least 175 separate areas in the Lake Tahoe Region. The TRPA determines the number of building allocations to be distributed on an annual basis. The number of allocations distributed is determined by the annual environmental performance of each jurisdiction, and a sample of permit performance audits of the local building departments. BMP stands for Best Management Practices. Page 8 of 10

9 Tahoe Regional Planning Agency (TRPA) (continued) BMP's for residential properties typically includes vegetating and mulching bare disturbed soils and stabilizing or retaining steep slopes and loose soils, as well as infiltrating storm water runoff from impervious surfaces and paving dirt driveways and roads. To determine if a property has a BMP Certificate of Completion you can look up the property's APN on the BMP database on the TRPA Erosion Control Team website ( If a California residential property does not have their BMP's done, a free BMP evaluation can be requested from the Tahoe Resource Conservation District. An analysis identifying soil type and slope of the land to determine an appropriate level of development is TRPA's definition for Land Capability. Areas of land that have been compacted or developed (such as buildings, driveways, etc.) fit TRPA's definition for Land Coverage. If your client wants to add a deck to their property, the land capability and allowable coverage can be determined by existing records available from the TRPA or by completing a Site Assessment through the TRPA. On average, it takes the TRPA 1 to 5 days to respond to a standard file request. A property currently with maximum coverage may still be permitted for an additional deck if the proposed deck is built over existing land coverage, the height of the deck does not create land coverage, or if it is possible to relocate existing coverage on the parcel. The Bailey Land Classification System divides land into seven classes each with specific open space and coverage limits. The Bailey System applies to commercial properties, residential properties developed prior to the IPES system, and multi-family properties. IPES stands for Individual Parcel Evaluation System. The IPES scoring system was adopted in Some parcels may be eligible to receive additional coverage through a transfer application. Land coverage from a particular land capability class can be transferred to the same or higher land capability class. Landowners eligible to transfer land coverage to a new residential project may transfer the land coverage from within the same hydrologic region in the Lake Tahoe Basin. Property rights such as Residential Units of Use, Tourist Accommodations Units, Multi-Family Residential Units and Commercial Floor Area may be transferred to a property in another jurisdiction regardless of hydrologic region, but only with County or City approval. Page 9 of 10

10 Tahoe Regional Planning Agency (TRPA) (continued) Prior to sale, all wood stoves must meet TRPA air quality standards. An owner can determine if a wood stove is compliant by checking the manufacturer specifications that the catalytic stove emits no more than 4.1 grams/hr; or that the non-catalytic stove emits no more than 7.5 grams/hr; or look up the serial number and brand name on the TRPA web site. Sellers are required to sign the Wood Heater Statement of Compliance prior to the sale of a property. MOU's (Memoranda of Understanding) are agreements that allow TRPA procedures to be completed by the local jurisdiction. Page 10 of 10