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Planning and Building Department, Tahoe Planning and Stormwater Division, recommending the Board adopt and authorize the Chair to sign Resolution 125-2024, authorizing the Director of the Planning and Building Department to sign the Land Coverage Exchange Agreement and an associated Tahoe Regional Planning Agency application to trade up to 38,549 square feet of El Dorado County Class 6 land coverage for up to 38,549 square feet of South Tahoe Public Utility District (STPUD) Class 4 land coverage for STPUD's new solar project.
FUNDING: N/A
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DISCUSSION / BACKGROUND
In the Lake Tahoe Basin, land coverage is a development right regulated by the Tahoe Regional Planning Agency (TRPA). In order to protect sensitive land and limit surface water runoff, land coverage is limited based on a parcel’s land capability classification. Every proposed development project is reviewed for compliance with TRPA’s land coverage rules.
Legally existing land coverage can be removed and banked with TRPA. The County maintains a bank of land coverage that was removed during Environmental Improvement Program (EIP) Project implementation for different land capability districts (Class 1-7). These projects include neighborhood stormwater erosion control projects, multiuser trail projects, and road decommissioning projects. The County currently has 79,137 square feet of Class 4 coverage and 63,338 feet of Class 6 coverage banked with TRPA for future projects. The County also has coverage banked in the other land capability districts.
Class 4 land has a base allowable coverage of twenty percent (20%) and Class 6 land has a base allowable coverage of thirty percent (30%). Land coverage can only be transferred between parcels in conjunction with an approved project, and there are specific eligibility requirements outlined in TRPA’s Code of Ordinances. The sending parcel must be equally or more sensitive than the receiving parcel (i.e. Class 4 coverage can be transferred to Class 6 land). However, this rule does not apply within the same project area (as is the case with this project), only between project areas.
South Tahoe Public Utility District (STPUD) has an approved project to add a new freestanding solar panel array to their property in order to generate clean renewable energy for their water and wastewater plant in South Lake Tahoe. The project area (Attachment D) where the project will be built has an abundance of Class 4 coverage but lacks Class 6 coverage. Per the TRPA permit for the approved project (Attachment E), STPUD has two (2) options to fulfill the need for additional land coverage. Option one would require up to 38,549 square feet of Class 6 coverage to be transferred into the project from an external source. Option two would require STPUD to recalculate the allowable coverage based upon the total project area using lower land capability district base-allowable coverage percentages. Because lower land capability districts allow less land coverage due to their sensitive nature, with this option STPUD would lose a significant amount of potential land coverage. Thus, option one was selected.
In the spirit of collaboration, staff recommends that the County exchange up to 38,549 square feet of its Class 6 land coverage for up to 38,549 square feet of Class 4 land coverage with STPUD. The amount of coverage traded will be identical and coverage in both Class 4 and Class 6 have the same monetary value. As a result of this action, the County will have at least 117,686 square feet of Class 4 coverage and at least 24,789 square feet of Class 6 coverage. The County currently has no foreseeable projects that will require either Class 4 or Class 6 land coverage.
ALTERNATIVES
The Board may choose not to authorize the land coverage transfer. This would result in STPUD losing a significant amount of potential land coverage in order to accommodate the project.
PRIOR BOARD ACTION
N/A
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Department of Transportation, Tahoe Regional Planning Agency, South Tahoe Public Utility District, County Counsel
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
There is no change to net county cost associated with this item. Based upon the California Tahoe Conservancy’s Land Bank Program Inventory and Price List, Class 4 and Class 6 land coverage have the same value ($7.50/square foot) in the Upper Truckee Hydrologic Area. Therefore, because an equal exchange is occurring, there is no exchange in value.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) The Clerk of the Board will secure the Chair’s signature on the original copy of the Resolution;
2) The Clerk of the Board will provide two (2) certified Resolution copies to Planning and Building Department, attention Chris Smith;
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Brendan Ferry, Deputy Director, Tahoe Planning, Stormwater, and VHR Division
Planning and Building Department