Chapter 6.55
PLAN AREA STATEMENTS AND OTHER LAND USE REGULATIONS

Sections:

Article I. General

6.55.010    Purpose.

6.55.020    Applicability.

6.55.030    Establishment of plan area maps and plan area statements.

6.55.040    Compliance with chapter.

6.55.050    Relationship to other plans.

6.55.060    Amendments to this chapter.

6.55.070    Administration and enforcement of chapter.

6.55.080    Construction of terms.

6.55.090    Waiver of planning fees.

6.55.100    Definitions – Enumeration.

6.55.101    Appeals.

Article II. Plan Area Maps and Statements

6.55.110    Permissible uses.

6.55.120    Plan area statements.

Article III. Other Land Use Regulations

6.55.130    Parking requirements.

6.55.140    Height restrictions.

6.55.150    Setbacks.

6.55.160    Reserved.

6.55.170    Setback exceptions.

6.55.180    Minimum lot size.

6.55.190    Reserved.

6.55.200    Airport land use planning.

6.55.210    Condominium conversions of certain residential property.

6.55.220    Planned unit development.

6.55.230    Special events and temporary uses.

6.55.240    Land capability and land coverage.

6.55.250    Applicable density for various land use designations.

6.55.260    Calculation of allowable density.

6.55.270    Condo-hotels.

Article IV. Regulation of Specific Uses

6.55.275    Outdoor storage and display.

6.55.280    Home occupations.

6.55.290    Uses not permitted as home occupations.

6.55.295    Hosted rentals.

6.55.300    Mobile home and travel trailer parks or sites.

6.55.310    Mobile home and recreation vehicles.

6.55.320    Day-care centers/pre-schools, residential care and private schools, kindergarten to secondary.

6.55.330    Motorcycles and mopeds.

6.55.340    Horses, stables, etc.

6.55.350    Retail sale of dogs and cats in pet stores prohibited.

6.55.360    Snow play areas.

6.55.370    Motels – Conversion to other uses.

Article V. Nonconforming Use Regulations

6.55.380    General provisions.

6.55.390    Nonconforming uses.

6.55.400    Nonconforming buildings.

6.55.410    Density.

6.55.420    Land coverage.

6.55.430    Height.

6.55.440    Structural alterations.

6.55.450    Discontinuance or abandonment of nonconforming uses.

6.55.460    Residential buildings in residential zones – Re-establishment or change of nonconforming uses prohibited.

6.55.470    Reconstruction of damaged buildings containing nonconforming uses.

6.55.480    Replacement of damaged or destroyed noncomplying buildings – Repair of existing uses and structures.

6.55.490    Determination of amount of damage or destruction.

6.55.500    Determination of age of building.

6.55.510    Effect of article on other provisions of code, etc.

Article VI. Revocation of Permits

6.55.520    Applicability of article.

6.55.530    Periodic review by code enforcement officer.

6.55.540    Review by code enforcement officer upon complaint.

6.55.550    Notice of violation – Service on owner.

6.55.560    Notice of violation – Contents.

6.55.570    Correction of conditions.

6.55.580    Request for hearing.

6.55.590    Appeal planning commission decision.

6.55.600    Failure to correct violation or request hearing.

6.55.610    Effect of revocation.

Article VII. Use Permits and Variances

6.55.620    Granting of use permits.

6.55.630    Granting of variance.

6.55.640    Procedure to grant use permits and variances.

Article VIII. Fee Schedule

6.55.650    Fee schedule.

Article IX. Transfer of Land Use Commodities

6.55.660    Program purpose and intent, description and goals.

6.55.670    Transfer of tourist accommodation units and commercial floor areas outside city limits.

6.55.680    Restrictions on all transfer of land use commodities outside the city limits.

6.55.690    Restrictions on transfer of residential development rights and residential units of use.

Article X. Cannabis Regulations

6.55.700    Purpose and intent.

6.55.710    Definitions.

6.55.720    Residential cultivation of cannabis.

6.55.730    Cannabis businesses – Use permit, development agreement, and public safety license required.

6.55.740    Cannabis businesses – General provisions.

6.55.750    Cannabis use permit application requirements.

6.55.760    Review, issuance, and/or denial of cannabis use permit applications.

6.55.770    Appeal from planning commission determination.

6.55.780    Suspension and revocation by planning commission.

6.55.790    Development agreement.

6.55.800    Cannabis businesses – Conditions of operation.

6.55.810    Business license tax liability.

6.55.820    No vested rights.

6.55.830    Public nuisance.

6.55.840    Existing permitted medical marijuana dispensaries.

For state law as to zoning generally, see Gov. C. § 65800 et seq. As to planning commission, see SLTCC 2.20.010. As to plan line setbacks, see Chapter 6.35 SLTCC.

Article I. General

6.55.010 Purpose.

As set forth in the general plan, the plan area statements provide detailed plans and policies for specific areas of the city. The plan area’s written text and maps, as well as the other land use regulation’s written text, provide specific land use policies and regulations for a specific planning area. Each planning area is depicted on the plan area maps.

The plan area statements and other land use regulations are adopted to promote and protect the public health, safety, peace, comfort, convenience, general welfare and environment, natural and manmade. (Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-1)

6.55.020 Applicability.

All projects as well as all activities shall be consistent with the provisions of the applicable plan area statements. Adopted community plans and area plans shall supersede the plan area statements for policies and regulations applicable to property or projects within the boundaries of the adopted community plan or area plan. No use that is illegal under local, state, or federal law shall be allowed within the city of South Lake Tahoe. (Ord. 902; Ord. 982 § 1; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-2)

6.55.030 Establishment of plan area maps and plan area statements.

The plan area maps and their related plan area statements for the city of South Lake Tahoe are adopted by reference and are depicted in the plan area map of the TRPA Regional Plan Overlay Maps, and in the document entitled “Regional Plan for the Lake Tahoe Basin, Plan Area Statements” (TRPA Code of Ordinances Section 11.3). (Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-3)

6.55.040 Compliance with chapter.

No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be used or designed to be used, for any purpose or in any manner, nor shall any yard or other open space surrounding any building be encroached upon or reduced, except as permitted by and in conformity to the regulations specified in this chapter. If the plan area statement, community plan, area plan or other zoning regulation does not specifically allow a use or other regulation, then the use or regulation is considered to be not allowed. The only alternative is to amend the code, community plan, or area plan.

No building shall be erected, reconstructed or structurally altered to exceed the height limit designed for the plan area in which such building is located.

No yard or open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building or any other lot. (Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-4)

6.55.050 Relationship to other plans.

A plan area statement may be replaced or modified by the adoption of a community, area, specific, or master plan. Refer to Chapters 12, 13, and 14 of the TRPA Code of Ordinances. (Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-5)

6.55.060 Amendments to this chapter.

This chapter contains regulations created by two different jurisdictions, the TRPA and the city of South Lake Tahoe.

Those amendments involving the TRPA regulations adopted by reference shall have input from the TRPA staff prior to the city planning commission action to assess whether the amendment would also require an amendment to the TRPA Regional Plan.

If it is determined the amendment would require an amendment to the TRPA Regional Plan, the item shall be referred to the TRPA for review and approval at the conclusion of the city council action.

If the amendment relates only to the city code, the council action is final, pending any appeals.

Amendment process:

A. Any amendment to this chapter which changes the boundaries of a plan area or which imposes any regulation or removes or modifies any regulation theretofore imposed may only be amended by any of the following procedures:

1. The verified petition of one or more owners of property affected by the proposed amendment, which petition shall be filed with the planning commission, and shall be accompanied by the required fee.

2. Resolution of intention of the city council.

3. Resolution of intention of the planning commission.

4. Directive of the city council.

5. Public hearing scheduled by action of the development services director.

B. Upon the filing of such verified petition or adoption of such resolution of intention, the planning staff shall set the times and places for such public hearings thereon as may be required by law and shall give such notice of such hearings as may be required by law.

C. Following such hearings, the planning commission shall make a report of its findings and recommendations with respect to the proposed amendment and shall, within 60 days after the notice of the first of such hearings, file with the city council an attested copy of such report; provided, that such time limit may be extended upon the mutual agreement of the city and the applicant in the proceedings. Failure of the planning commission so to report within 60 days without such agreement shall be deemed to be a recommendation to the council to approve the proposed amendment.

D. Within 60 days of the receipt of such report from the planning commission or upon the expiration of the 60-day period set forth in subsection (C) of this section, the city council shall set the matter for public hearing after notice thereof and of the proposed amendment, as required by law. Within 60 days of the notice of a public hearing, such hearing shall be conducted by the city council. The hearing may be continued from time to time with the consent of the applicant.

E. Within a 60-day period of the scheduled hearing or the last continued hearing, the city council shall make a decision on the proposed amendment. A tie vote by members of the city council shall be deemed to be no action. No action by the city council shall be deemed to be a denial of the proposed amendment without prejudice. (Ord. 513 § 1; Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-6)

6.55.070 Administration and enforcement of chapter.

A. It shall be the duty of the planning commission and/or zoning administrator to administer the adopted provisions of this chapter. For the purpose of this chapter, the word “adopted” shall include both city-created codes and the adopted-by-reference codes.

It shall be the duty of the planning division to enforce the adopted portions of this chapter and all the provisions thereof.

The code enforcement officer of the city of South Lake Tahoe, or any successor position thereto, is expressly authorized to issue notices to appear for violations of this chapter in accord with SLTCC 1.10.010 upon completion of the training required by California Penal Code Section 832. The code enforcement officer shall at no time be authorized to carry firearms or to take physical custody of a suspect for purposes of arrest. Unless otherwise specified herein, all violations of this chapter shall be prosecuted as a criminal offense, infraction, punishable by a fine. Fines and penalties which may be imposed through the administrative hearing process shall be set forth in a duly adopted resolution of the city council.

B. In the exercise of duties under this chapter, the planning commission and/or the zoning administrator shall:

1. Supervise the administration of this chapter.

2. Adopt rules and procedures necessary or convenient for the filing of use permits, variances and petitions.

3. Act upon all applications for use permits and variances as may be referred to the commission for hearing pursuant to SLTCC 6.55.640(D).

4. Make recommendations to the city council upon amendments to plan area statements or to provisions of this chapter.

5. By resolution, on request or on its own initiative adopt rules implementing the regulations of this chapter by:

a. Setting forth additional specific uses allowed by right and by use permit which are, in the opinion of the commission, similar or accessory to those listed in this chapter and conform to the purposes of the plan area statements.

b. Setting forth additional specific uses for which parking space is required which are, in the opinion of the commission, similar or accessory to those listed in this chapter.

c. Setting forth standards of odor, gas, fumes, dust, smoke, noise, vibrations, glare, heat, electrical interference, radioactivity or waste allowable beyond the confines of a property.

C. All departments, officials and public employees of the city which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter and all other zoning laws and ordinances and shall issue no such permit or license for uses, buildings or purposes where the same would be in conflict with the provisions of this chapter or such zoning laws or ordinances, and any such permits or licenses, if issued in conflict with the provisions of this chapter or such zoning laws or ordinances, shall be null and void.

D. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter or any use of any land, building or premises conducted, operated or maintained contrary to the provisions of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and the city attorney shall, upon order of the city council, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person from setting up, erecting, building, maintaining or using any such building or structure, or using any property contrary to the provisions of this chapter.

E. The remedies provided for in this section shall be cumulative and not exclusive. (Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-7)

6.55.080 Construction of terms.

The singular number shall include the plural, and the plural the singular. The word “building” shall include the word “structure.” The word “used” shall include “arranged, designed, constructed, altered, converted, rented, leased or intended to be used.” The word “shall” is mandatory and not directory. (Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-8)

6.55.090 Waiver of planning fees.

The city council, upon written request, may waive planning fees for permits required by this chapter for charitable or governmental organizations. For purposes of this section, “charitable organization” includes nonprofit groups. (Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-8.1)

6.55.100 Definitions – Enumeration.

For purpose of this chapter, the city shall adopt, by reference, the definitions contained within the TRPA Code of Ordinances, Chapter 2, except the definitions of “residential” and “residential uses,” which are defined as follows:

“Residential” means uses, facilities and activities primarily pertaining to the occupation of buildings on a permanent basis for living, cooking and sleeping, which are allowed to be used or rented on a periodic basis.

“Residential unit” means one or more rooms containing one or more bedrooms, with not more than one kitchen, designed to be occupied permanently as an independent housekeeping unit by one family or one collective household with facilities for living, cooking, sleeping and eating, which are allowed to be used or rented on a periodic basis.

As used in this chapter, the words and phrases shall have the meanings ascribed to them unless such meanings would be inconsistent with the manifest intent of the city council or the context clearly requires otherwise. (Ord. 902; Ord. 933; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-9)

6.55.101 Appeals.

Any person aggrieved by a decision of violation issued pursuant to sections of this chapter may appeal said decision of violation pursuant to Chapter 2.35 SLTCC. (Ord. 1105 § 1 (Exh. B); Ord. 1152 § 3)

Article II. Plan Area Maps and Statements

6.55.110 Permissible uses.

For the purpose of this chapter, the city shall adopt by reference the permissible uses contained within the TRPA Code of Ordinances, Chapter 21. (Ord. 902; Ord. 1060 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-10)

6.55.120 Plan area statements.

The following are the city plan area maps and statements:

085

Lakeview Heights

088

Tahoe Village

089

Lakeside Park

089A

Replaced by the Stateline/Ski Run Community Plan

089B

Replaced by the Stateline/Ski Run Community Plan

090

Tahoe Meadows

091

Replaced by the Stateline/Ski Run Community Plan

092

Pioneer/Ski Run

093

Bijou

094

Glenwood

096

Pioneer Village

097

Bijou Pines

098

Replaced by the Bijou/Al Tahoe Community Plan

099

Al Tahoe

100

Truckee Marsh

101

Bijou Meadow

102

Tahoe Keys

103

Sierra Tract-Commercial

104

Highland Woods

105

Sierra Tract

108

Winnemucca

109

Tahoe Valley Campground

110

South “Y”

111

Tahoe Island

112

Gardner Mountain

113

Industrial Tract

114

Bonanza

116

Airport

(Ord. 902; Ord. 1152 § 3. Code 1997 § 32-11)

Article III. Other Land Use Regulations

6.55.130 Parking requirements.

All permissible uses within the plan area statement shall comply with the city of South Lake Tahoe Parking, Driveway and Loading Standards. See city of South Lake Tahoe Land Use Development Standards, Chapter 6.10 SLTCC. (Ord. 902; Ord. 1152 § 3. Code 1997 § 32-12)

6.55.140 Height restrictions.

Refer to TRPA Code of Ordinances, Chapter 22. (Ord. 902; Ord. 1152 § 3. Code 1997 § 32-13)

6.55.150 Setbacks.

The following setbacks shall apply to the land use classifications for each plan area statement:

 

Land Use Classification

Setbacks

Commercial –Public Service

Front

20 ft.

 

Side, interior

5 ft. (less if firewall)

 

 

15 ft. if adjoins Residential Land Use Classification

 

Side, street

15 ft.

 

Rear, interior

5 ft. (less if firewall)

 

 

15 ft. if adjoins Residential Land Use Classification

 

Rear, street

15 ft.

Recreation

Front

50 ft.

 

Side, interior

20 ft.

 

Side, street

20 ft.

 

Rear

50 ft.

Conservation

Front

50 ft.

 

Side, interior

20 ft.

 

Side, street

20 ft.

 

Rear

50 ft.

(Ord. 902; Ord. 934 § 1; Ord. 1152 § 3. Code 1997 § 32-14)

6.55.160 Reserved.

(Ord. 1152 § 3)

6.55.170 Setback exceptions.

A. Lots established prior to April 30, 1962, which are 5,000 square feet or less in area, may reduce the rear yard setback to 10 feet.

B. Where the site for a garage or carport is to be built, has a slope of greater than 1:4 (rise to run), the setback can be either the required 20 feet or zero, but it cannot be any setback between the two, due to snow and parking conflicts within the right-of-way.

In those instances where there is a reasonably flat area on the lot that could be used for parking (meeting all applicable codes), in addition to the zero-setback garage, the parking spaces on that flat area must be outside the 20-foot setback. If the flat area is not used for parking, then approved parking barriers shall be required to prevent parking.

C. Swimming pools/spas may project into the rear yard to no closer than 10 feet from the rear property line.

D. Cornices, eaves, fireplaces or similar architectural features may extend into any required yard by not more than 50 percent of the required width or depth. Cornices, eaves or similar architectural features may not, however, extend to within less than seven and one-half feet of the ground level.

E. First floor decks (not including freestanding decks), patios and canopies may project to within five feet of the rear property line.

F. The zoning administrator, upon request, may vary setback requirements for buildings, structures, residential driveways, parking pads or fences to a degree not to exceed 50 percent of the required setback, without a public notice/hearing. To vary the setback, the zoning administrator shall make the required variance findings as required by SLTCC 6.55.630.

G. An accessory building (shed) of less than 115 square feet and not over one story in height may be placed three feet from the side or rear property lines.

H. If a 15-foot side or rear setback is required, such setback shall be increased to 20 feet for the placement of a garage, carport or required parking pad. Such setback shall only be for that portion of such street side or rear yard where a garage, carport, or required parking pad faces the street. The purpose of the increased setback is to ensure that should a vehicle park in the driveway, it will not encroach into the public right-of-way.

I. First floor stairs, landings or decks may encroach into front yard setback provided they do not exceed a height of 30 inches and encroach no more than five feet. (Ord. 902; Ord. 1048 § 1 (Exh. A); Ord. 1064 § 1 (Exh. A); Ord. 1152 § 3. Code 1997 § 32-16)

6.55.180 Minimum lot size.

 

Land Use Classification

Lot Size

Commercial/Public

 

 

Service

10,000 sf.

 

 

min. width is 80 ft.

 

 

min. depth is 100 ft.

Recreation

10 acres

 

 

min. width is 300 ft.

 

 

min. depth is 500 ft.

Conservation

10 acres

 

 

min. width is 300 ft.

 

 

min. depth is 500 ft.

(Ord. 902; Ord. 1152 § 3. Code 1997 § 32-17)

6.55.190 Reserved.

(Ord. 1152 § 3)

6.55.200 Airport land use planning.

A. Purpose. The Lake Tahoe airport land use compatibility plan (ALUCP) is the key to implementation of ALUC policies related to proposed land development in the vicinity of the airport. The state-mandated ALUCP provides the standards, criteria, and policies on which the compatibility of proposed local land use policy actions are determined. The policies contained in the ALCUP are designed to promote compatibility between the airport and surrounding land uses “to the extent that these areas are not already devoted to incompatible uses” (Pub. Util. Code Section 21674(a)). The ALUCP also establishes the planning boundaries around Lake Tahoe Airport that define noise, safety, airspace protection, and overflight notification, for policy implementation.

B. Applicability. The regulations of this chapter shall apply to all areas located within the airport overlay (AO) zoning district, which is equivalent to the area defined as the airport influence area (AIA) in the ALUCP. The AIA boundaries define areas where noise, safety, airspace protection, and overflight notification policies and compatibility criteria are applied to certain land use policy actions. Land uses and structures within the AO district shall comply with the development, policies, standards and requirements of the ALUCP, adopted September 19, 2019, as amended, this chapter and other applicable regulations of this code.

C. Exceptions.

1. Existing land uses shall be exempt from the policies and criteria of the ALUCP, except as specifically provided for in the ALUCP.

2. The following land uses and activities are considered allowable by right:

a. Other than in Safety Zones 1 and 5, construction of a single-family dwelling, including a secondary residence (accessory dwelling unit), as defined by state law (see Gov’t. Code Section 65852.2(h)(i)(4)), on a legal lot of record as of the date of adoption of this ALUCP if such use is permitted by local land use regulations.

b. “Single-family dwelling” and “secondary residence” includes a manufactured home, but not a mobile home (see definitions in ALUCP section 1.7). “Summer home” is included as a “single-family dwelling.”

c. Construction of other types of uses if local government approvals have been issued at the time of adoption of this ALUCP, thus entitling the development (the approved development would be treated as an existing land use). Please see ALUCP section 1.7 for the definition of existing land use.

d. Lot line adjustments, provided that the resulting density or intensity of the affected property would not exceed the applicable criteria indicated in ALUCP Table 4-2, Safety Compatibility Criteria. The sound attenuation and avigation easement dedication requirements shall apply to development permitted under this policy (see Policy NP-6, Interior Noise Levels, and Policy CP-5.6, Avigation Easement Dedication.)

D. ALUC Review. As required by state law, even if a local agency’s general plan is consistent with the current ALUCP, the following types of land use actions shall be referred to the ALUC for determination of consistency with this ALUCP prior to their approval by the local agency:

1. The adoption, approval or amendment of any general plan, specific plan, plan area statement, area plan, community plan, or the adoption or approval of a zoning ordinance or building regulation (planning documents) (Pub. Util. Code, Section 21676(b)) that affects allowable land uses within the AIA.

2. Adoption or modification of an airport master plan (Pub. Util. Code, Section 21676(c)). This requirement also applies to airport layout plans that would effectively modify any provisions of a previously adopted airport master plan.

3. Any proposal for expansion of the airport, if such expansion will require an amended airport permit from the state of California (Pub. Util. Code, Section 21664.5).

4. Any proposal for construction of a new airport or heliport (Pub. Util. Code, Section 21661.5). (Ord. 1142 § 1)

6.55.210 Condominium conversions of certain residential property.

A. Purpose and Intent. The purpose of this section is to establish criteria for the conversion of existing multiple-family rental housing to condominiums in South Lake Tahoe. The intent behind modifying the previous blanket prohibitions to such conversions is to increase local home ownership (workforce housing) by creating reasonably priced, quality home ownership opportunities for area residents. A portion of the units will be deed restricted for low- or moderate-income residents that are otherwise being priced out of the housing market and will guarantee continued affordability of these housing units over time. The balance of the units would be deed restricted precluding vacation rental use and price-capped at the maximum price of the First-Time Homebuyer Housing Program. These units are expected to be attractive to middle-income local residents, who are not being served by the new housing units that the market is currently producing. These new “middle income” ownership units could fund creation of the affordable or moderate-income units or finance any needed building upgrades to enable condominium conversion of the complex pursuant to this section, while at the same time providing for local housing needs.

This housing will be affordable to workers with a range of occupations who provide everyday, vital services to our community through their work. Keeping area employees close to their work can improve morale and productivity, enhance local recruitment and retention efforts, and help to retain the sense of “community” that is currently being lost as residents purchase less expensive homes out of the area.

Opportunities for condominium conversions will be limited by the building criteria provided in this section. It remains the city’s intent not to unduly impact the city’s multiple-family dwelling rental housing stock; hence, only certain smaller complexes (10 units or less) are eligible to convert to condominiums under this section. Most complexes would not qualify for conversion in their current condition. In order to qualify, upgrades would typically be required, or units may be torn down and reconstructed on site, which in either case leads to improvements that benefit their neighborhoods.

B. Applicability. This section applies to any change in the form of ownership of certain existing developed multiple-family residential property (duplexes, triplexes, or other multiple-family properties of 10 units or less). This section does not apply to secondary residences. The ownership changes governed by this section include when persons obtain ownership interest in individual units thereof, including but not limited to condominiums, community apartments, stock cooperatives and any other form of such interest regulated by the Subdivision Map Act of the State of California. Multi-residential properties of more than 10 units are not eligible for condominium conversion under this section.

This section is not intended to affect the conversion to condominium or other similar ownership interest of commercial or industrial property. It shall not include “timesharing” or other similar arrangements of tourist accommodation properties, which are governed by Chapter 6.60 SLTCC.

These regulations are separate from the requirements of all other agencies and a city approval for conversion does not obviate the need to comply with the regulations of, and obtain permits from, other applicable agencies.

C. Eligibility.

1. Residential condominium conversions shall only be permitted for legally existing residential units of use located in plan area statements or community plan districts within the city where “single-family dwelling” is a permissible use. Unit density shall not exceed that specified in the applicable plan area statement or community plan district for the existing multiple-family use. If multiple-family housing is not a permissible use, the density standard for single-family residential units shall be four units per acre (unless otherwise shown on the subdivision map).

Unit consolidation, demolition, or other means to reduce over-density or to otherwise meet conversion development standards may occur as part of a condominium conversion project. If it results in five or fewer excess “residential units of use,” the city will not restrict their use upon transfer within the city of South Lake Tahoe. They may be used to construct single- or multiple-family units within the jurisdiction. If more than five residential units of use are excess, the environmental analysis for the project would determine how the units over five could be reused, giving consideration to such things as impacts to the affordable housing stock.

2. Residential condominium conversions shall only be permitted if perpetual deed restrictions are recorded that create long-term local home ownership opportunities for lower- and/or moderate-income and middle-income households, as defined in this section. These deed restrictions shall constitute covenants running with the land and shall be binding on all owners and their successors and assigns and any parties having or acquiring any right, title, or interest in or to any of the units. The following standards apply:

a. Twenty percent of units (and any fraction rounded up to the higher number of units) shall be deed restricted to provide for low- or moderate-income owner-occupied housing. Low- or moderate-income housing may be sold only to an eligible purchaser pursuant to this section. The choice of a low- or moderate-income deed restriction is at the discretion of the subdivider. At least one unit of any condominium conversion project shall meet this requirement.

For Low-Income Units, if Applicable: All low-income purchasers must have an annual household income at or below 80 percent of the area median income, adjusted for family size, as defined by the State of California Department of Housing and Community Development under their annual determination of low- and moderate-income limits. At the beginning of escrow for the initial purchase of the condominium unit and any subsequent transfers of ownership, each seller shall notify the city of South Lake Tahoe housing staff of their proposed sale and submit satisfactory documentation of the purchaser’s household income. The purchaser must provide to the city satisfactory documentation that they qualify as a low-income household and that their annual payments for total housing costs for the condominium unit shall not exceed 30 percent of 70 percent of the area median income, adjusted for family size appropriate for the unit and consistent with the state of California definition for low-income housing units found in Health and Safety Code Section 50052.5. At minimum, total housing costs shall be calculated by including mortgage payment, property taxes, homeowner’s insurance and any applicable property association fee using the same method employed by the city under its first-time homebuyer program. The city shall have three weeks to review the information for meeting the section criteria.

For Moderate-Income Units, if Applicable: All moderate-income purchasers must have an annual household income at or below 120 percent of the area median income, adjusted for family size, as defined by the State of California Department of Housing and Community Development under their annual determination of low- and moderate-income limits. At the beginning of escrow for the initial purchase of the condominium unit and any subsequent transfers of ownership, each seller shall notify the city of South Lake Tahoe housing staff of their proposed sale and submit satisfactory documentation of the purchaser’s household income. The purchaser must provide to the city satisfactory documentation that they qualify as a moderate-income household and that their annual payments for total housing costs for the condominium unit shall not exceed 35 percent of 110 percent of the area median income, adjusted for family size appropriate for the unit and consistent with the state of California definition for moderate-income housing units found in Health and Safety Code Section 50052.5. At minimum, total housing costs shall be calculated by including mortgage payment, property taxes, homeowner’s insurance and any applicable property association fee using the same method employed by the city under its first-time homebuyer program. The city shall have three weeks to review the information for meeting the section criteria.

b. The balance of the units shall be deed restricted to preclude vacation rental use and are expected to serve middle-income residents. Each purchaser shall notify the city of South Lake Tahoe housing staff of their purchase and provide documentation of their understanding of the deed restrictions when they purchase the following units:

For Middle-Income Units: Middle-income purchasers will typically have an annual household income between 120 percent and 160 percent of the area median income, adjusted for family size. The purchaser need not provide to the city documentation that they qualify as a middle-income household. Their annual payments for total housing costs for the condominium will be based upon that for which they can qualify through private mortgage financing. These condominium unit(s) must be sold, both initially and in the future, at a price at or below the maximum purchase price set forth in the City of South Lake Tahoe’s First Time Homebuyer Guidelines dated August 21, 2007, or any subsequent amended guidelines.

c. All condominium units created under the conversion program for low or moderate income shall include the following limitations in the form of a deed restriction running with the unit. Before close of escrow, all purchasers shall provide documentation of their understanding of the deed restrictions when they purchase their unit. Such deed restrictions shall be executed by the owner and recorded against each converted condominium unit prior to the first sale. Marketing of the units shall fully disclose the applicable deed restrictions, including the sales price and owner occupancy restrictions:

i. The purchaser must occupy the condominium unit as their primary residence for at least 10 months out of each year. At no time may the condominium unit, or any portion of the condominium unit, be rented/leased out to another party as a vacation rental. Rental may be allowed, for the shortest possible time required, but a minimum of 30 days, upon a declaration of hardship, executed under penalty of perjury, stating that the hardship is due to circumstances beyond the owner’s control and the property must be rented to avoid mortgage default. Generally, the eligible reasons for rental of the property are limited to critical temporary situations such as call-up to military duty or debilitating illness of the owner. Any such hardship exemption must be approved by the city prior to creating any rental or lease agreement.

ii. Units within the subject property and any interest in title thereto shall not be transferred to any person or entity except in compliance with this section. Any attempt to transfer title or any interest therein in violation of this section or its implementing deed restrictions shall be void and may be set aside by the city in its sole discretion.

iii. In the event of a foreclosure, a lender who acquires the property shall be allowed to rent the property pending re-sale to persons who meet the income eligibility criteria in this section.

iv. Physical standards for the structure must be met, as outlined in subsection (D) of this section, Development Standards.

d. All condominium units created under the conversion program for middle-income owners shall include the following limitations in the form of a deed restriction running with the unit. Before close of escrow, all purchasers shall provide documentation of their understanding of the deed restrictions when they purchase their unit. Such deed restrictions shall be executed by the owner and recorded against each converted condominium unit prior to the first sale. Marketing of the units shall fully disclose the applicable deed restrictions, including the sales price and owner occupancy restrictions:

i. Upon the initial sale of a middle-income condominium, and upon any subsequent resale, for a period of 120 days the condominium shall be offered for sale to middle-income purchasers intending to occupy the condominium as their primary residence. If after 120 days of good faith effort of marketing the condominium the owner is unable to sell the condominium to a middle-income purchaser intending to occupy the condominium as their permanent residence then the condominium may be sold without requiring the purchaser to occupy the condominium as their permanent residence or be a middle-income purchaser. The community development director of the city will determine whether or not the owner has made such a good faith effort and promptly issue a ruling upon being requested to do so by the owner.

ii. At no time may the condominium unit, or any portion of the condominium unit, be rented/leased out to another party as a vacation rental. In the event an owner elects to rent a middle-income condominium the tenant will have an annual household income not greater than 160 percent of the area median income, adjusted for family size.

iii. Units within the subject property and any interest in title thereto shall not be transferred to any person or entity except in compliance with this section. Any attempt to transfer title or any interest therein in violation of this section or its implementing deed restrictions shall be void and may be set aside by the city in its sole discretion.

iv. In the event of a foreclosure, a lender who acquires the property shall be allowed to rent the property pending resale to persons who meet the income eligibility criteria in this section.

v. Physical standards for the structure must be met, as outlined in subsection (D) of this section, Development Standards.

D. Development Standards. All units converted under this section shall be in full compliance with the following development standards prior to recordation of the final subdivision map. Housing staff may approve deviations from the standards if they can make a finding that the intent of the standards is fulfilled. If staff cannot make this finding of intent, staff’s determination may be appealed pursuant to Chapter 2.35 SLTCC.

1. Off-street parking and driveway requirements shall be as specified in Chapter 6.10 SLTCC or the applicable community plan, if different. No parking reductions shall be approved for condominium conversions.

2. A certificate of compliance with best management practices must be on file with TRPA.

3. The building(s) shall meet setback requirements and the design and landscape standards set forth in the citywide design standards, or applicable community plan design standards, as if they were new construction.

4. A single area having a minimum of 200 cubic feet of private and secure dead storage space shall be provided for each unit. Said storage area may be located within the garage, provided it does not interfere with garage space for automobile parking outlined in the parking ordinance. Customary closets and cupboards within the dwelling unit shall not count toward meeting this requirement.

5. An adjoining private patio or deck shall be provided for each unit. No dimension shall be less than eight feet, nor have a minimum area of less than 100 square feet.

6. No less than 1,000 square feet of developed common recreation space (indoor or outdoor) shall be provided for the condominium project. If outside, this space shall not include the front yard setback. Conversions for properties of three or fewer units are exempt from this requirement.

7. Individual laundry hook-ups of sufficient size to allow for the installation of a clothes washer and dryer shall be provided for each condominium unit. If provided for in the garage, said facility shall not encroach into the required parking (defined in citywide design standards) or storage space (defined above).

8. The consumption of gas, water and electricity within each dwelling unit shall have a separate shutoff device to disconnect each unit’s utilities, unless utilities are provided by the homeowner’s association. Conversions will only be approved if the requirements of the local utility companies can be met.

9. All permanent mechanical equipment, including domestic appliances, which is recommended in the facilities report to be a source or potential source of vibration or noise, shall be shock mounted, isolated from the floor and ceiling, or otherwise installed in a manner proposed by the owner and concurred by the building division to lessen the transmission of vibration and noise.

10. All living units shall have either a 13-R sprinkler system where fire flows are adequate or minimum one-hour occupancy separation at common walls and flow ceiling assemblies, if applicable. In addition, draft stops shall be installed where required.

11. The project’s water delivery system must comply with the city’s Uniform Fire Code fire flow requirements that were in place when the units were originally developed. Developments on wells must connect to a municipal water system.

12. If the structure is greater in size than 3,000 square feet, it must have a monitored fire alarm system for all units. In every case, smoke detectors must be provided in all sleeping rooms, hallways leading to sleeping rooms, at the top of the stairs, and at each floor level.

13. Curb, gutter and sidewalks must exist or be installed for all condominium conversions.

14. All signage shall conform to the city’s standards for new signs.

E. Application Procedures. A subdivision map application shall be submitted to the community development department’s planning division. Said application shall be accompanied by five copies of documents containing the following information:

1. TRPA land capability, coverage, and unit of use verifications.

2. Photos of the property, including all existing structures, landscaping, signage, trash enclosures and street improvements.

3. The number of existing units and the square footage and number of rooms in each unit.

4. The layout of all common areas and a text description of how they comply with this section.

5. The layout and location of all storage space outside of each unit and a text description of how it complies with this section.

6. The layout and location of all facilities and amenities provided within a common area for the enjoyment and use of the unit owners and a text description of how it complies with this section.

7. The layout of all parking spaces and driveways to be used in conjunction with each condominium unit and a text description of how they comply with the city parking and driveway ordinance.

8. Proposed (or existing) landscaping and irrigation.

9. Building elevations.

10. Location, height and type of all walls and fences.

11. Location and type of surfacing of all driveways, pedestrian walkways, vehicular parking areas and curb cuts and a text description of how they comply with the parking and driveway standards.

12. Proposed (or existing) trash enclosure details.

13. Definition of who has maintenance responsibility for all buildings and common areas.

14. Proposed covenants, conditions and restrictions (CC&Rs) for the subdivision.

15. Facilities Report. The applicant shall provide a facilities report prepared by a licensed California civil engineer or architect detailing the condition and the timeframe of the useful life of all elements of the existing structures involved in the project. These elements include:

a. Roof;

b. Foundations;

c. Mechanical and electrical systems;

d. Plumbing systems;

e. Structural elements;

f. Paved surfaces;

g. Exterior paint;

h. HVAC systems;

i. Utility delivery systems;

j. Water delivery system;

k. Permanent mechanical equipment, including domestic appliances, which are potential sources of vibration or noise. That permanent mechanical equipment recommended for either shock mounting, isolation from the floor and ceiling, or other type of installation to lessen the transmission vibration and noise shall be so identified;

l. Fire protection and alarm systems; and

m. Swimming pools or spas.

The facilities report shall identify any elements that do not meet condominium conversion development standards set forth in subsection (D) of this section. It shall also include a proposal to resolve the design issues or any building items that do not meet code (see subsection (E)(16) of this section, Building History Report) or have a useful life of less than five years. All design and building items that do not meet standards or code must be remedied prior to subdivision approval; those elements that have a useful life of less than five years must either be remedied prior to subdivision or the list, with estimated replacement costs, must be fully disclosed to all potential buyers.

16. Building History Report. The applicant shall provide a building history report, prepared by a licensed California civil engineer or architect, which shall include, as applicable:

a. The date of construction of all elements of the project; and

b. A statement of the use or uses of the facilities since construction; and

c. The date and description of each known structural repair or renovation requiring an expenditure of $1,000 or more; and

d. A statement regarding current ownership of all improvements and underlying property; and

e. A building code analysis, to include a construction plan of the construction necessary as identified in the facilities report and building code analysis.

F. General Provisions.

1. Payment of all application and any applicable city fees currently assessed for new condominium projects shall be required for condominium conversions mitigation.

2. A proposed condominium or condominium conversion tentative or parcel map (as applicable pursuant to the Subdivision Map Act) may be approved, disapproved or conditionally approved by the city in accordance with criteria as set forth in this chapter.

3. All proposed condominium conversions shall comply with the applicable provisions of the Subdivision Map Act, which includes requirements for tenant noticing, the tenant’s exclusive right to contract for the purchase of the unit, etc.

G. Severability. The illegality or invalidity of any provision or portion of this section shall not affect the validity of the remainder of the section and this section shall be construed as if such provision did not exist and the nonenforceability of such provision shall not be held to render any other provision or provisions of this section unenforceable. (Ord. 902; Ord. 945 § 1; Ord. 986 § 1; Ord. 996 § 1; Ord. 1105 § 1 (Exh. B). Code 1997 § 32-20)

6.55.220 Planned unit development.

The purpose of the planned unit development is to promote the development of residences on a minimum building site size while conserving open spaces and preserving natural resources. Such areas will be available for use as play areas for persons of all areas within the development. Other values of the cluster-type subdivision are an improved residential environment that preserves privacy while promoting sociability, reduction of development costs and enhancement of property values.

A. Standards and Requirements. A planned unit development shall meet with the following requirements:

1. It shall be located in a residential plan area.

2. In order to ensure overall planning of the project, and to guarantee that the development is built as planned, the area to be included in the planned unit development shall be in a single ownership or that of a coordinated group.

3. A use permit for a planned unit development shall not be granted in a plan area limited to single-family uses unless the planning commission shall first find one or more of the following conditions exist:

a. The property is adjacent to an area shown for multiple residential uses.

b. The property is adjacent to a multiple residential use.

c. The property is adjacent to an existing planned unit development.

d. In the particular instance, the development will be compatible with the neighborhood in which it is proposed.

4. The following uses and no others shall be permitted in a planned unit development:

a. Any use permitted in the plan area within which the planned unit development is situated.

b. Churches, schools, parks, playgrounds, public utilities and public and semi-public buildings.

5. In order to reduce the hazard of fire and to promote the usability and visual attractiveness of any areas to be utilized as open areas in a planned unit development, such areas shall be landscaped with an acceptable type of evergreen planting, and the city shall be provided with an appropriate guarantee in a form acceptable to the planning commission that such landscaping will be properly and adequately maintained.

6. Area, lot and yard requirements may be waived, provided the planning commission finds that deviations from the normal standards will improve the development and not have a detrimental effect on the surrounding properties.

7. In any planned unit development, density shall not exceed that which is permitted in the plan area in which the project is located.

8. Specialized recreation facilities may be provided in a planned unit development at the option of the developer.

9. The requirements governing streets and private driveways within any portion of a planned unit development shall be as approved by the planning commission.

10. Street trees shall be required at a ratio of not less than one per each 50 lineal feet of sidewalk and shall be located adjacent to such sidewalk. Trees shall be of a type approved by the planning commission.

11. In order to insure the integrity of the open space and common area, and as a condition of approval of a planned unit development, an easement to the open space and common area shall be conveyed to the city for the express and limited purpose of guaranteeing and enforcing the continued existence of such area. In lieu of such an easement, the city may accept fee title to and agree to maintain for open space or park purposes such common area.

12. Maximum Land Coverage. Refer to TRPA Code of Ordinances, Chapter 20.

B. Application for Use Permit. The application for a planned unit development shall be in the form of an application for a use permit and shall include or be accompanied by the following additional information:

1. A map or maps showing the following:

a. The topography of the land.

b. The proposed street and lot design.

c. Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or semi-public buildings or areas and other similar uses.

d. Off-street parking areas, and all other uses proposed to be established within the development.

e. Proposed locations of all buildings within the development.

f. Trees over six inches in diameter measured 24 inches from the ground, marking those to be removed and those to remain either individually or in clusters.

2. Elevations of all proposed buildings and structures.

3. A tentative subdivision map.

4. Other data as may be required by the planning commission. (Ord. 902. Code 1997 § 32-21)

6.55.230 Special events and temporary uses.

Refer to the Temporary Activities and Uses M.O.U. between the TRPA and the city of South Lake Tahoe.

A. Special Events.

1. A special event that complies with the provisions of TRPA Code of Regulations and this code may be conducted without a permit provided it does not include any activity listed in subsection (A)(2) of this section and provided the activity complies with all standards listed in subsection (A)(4) of this section.

2. Permit Required. A special event permit shall be required and obtained from the development services department prior to any activity involving any of the following elements:

a. Road closure or detour;

b. Off-site parking;

c. Private security;

d. Temporary structures (i.e., tents greater than 10 feet by 10 feet, stage, etc.);

e. Amplified sound;

f. Ground disturbance;

g. Use of city resources (i.e., barricades, signs, traffic control, etc.);

h. Activities proposed at night between 10:00 p.m. and 8:00 a.m.;

i. Has the potential for more than 500 attendees;

j. Conducted over a period of four or more consecutive days.

3. Exceptions. The following special events do not require a special event permit, but are subject to all standards listed in subsection (A)(4) of this section:

a. Noncommercial weddings and other single-day life events such as birthday parties, holiday parties, etc., that occur in residential zones. “Noncommercial” means that the event site is not rented for the event with consideration charged for occupancy of the space.

b. Seasonal and temporary outdoor retail sales of trees, pumpkins and other items when located in a plan area designated for commercial, public service, or tourist uses.

c. Events which are included within the primary use of the property or are accessory to the primary use as determined by the director of development services.

d. Facility Use. Special events that do not include any activity listed in subsection (A)(2) of this section but require use of a city facility do not require a special event permit but are subject to SLTCC 8.05.170.

e. Parades. Parades are subject to Chapter 4.30 SLTCC.

4. Standards. All special events, whether a permit is required or not, must comply with all requirements cited below:

a. Comply with TRPA Code Chapter 22. However, activities qualifying for a TRPA Code exemption are not exempt from city permit requirements.

b. Comply with all applicable city, county, state, and federal regulations, including but not limited to El Dorado County Department of Environmental Health permitting and regulations, and California Department of Alcoholic Beverage Control permitting and regulations.

c. Special events shall be limited to a period not to exceed 14 consecutive days. There shall be a four-day period between special events on a property.

d. Consistent with this code, the permissible uses in the plan area statements, community plans, and area plans.

e. In the appropriate location for the proposed type and size of event, and accommodate appropriate vehicle circulation and parking, signage, noise mitigation, and waste management.

f. Comply with Chapter 7.15 SLTCC, Urban Runoff and Storm Water Quality Management.

g. Comply with Chapter 3.35 SLTCC, Tax Rates and Licensing.

h. Comply with Chapter 4.175 SLTCC, Polystyrene and Plastic Food Packaging Regulations.

i. Signage shall not exceed a total of 60 square feet in area and shall be no taller than six feet in height. This may include one banner displayed for the event. Temporary signs that are part of a special event may be installed up to 14 days prior to the event and shall be removed at the end of the activity. All signage shall be removed immediately following the event.

j. Comply with fire codes and safety standards set forth by National Fire Protection Association (NFPA) for fire resistant tents and must include an affixed manufacturer’s label stating the tent meets NFPA requirements. A State Fire Marshal seal on the tent or a certificate is needed to prove treatment.

k. Not impede pedestrian or vehicle traffic at any time. Vehicle parking, loading or unloading may only occur in a designated parking stall and shall not occur within the city or Caltrans right-of-way, within sidewalk areas, or other publicly used areas. Sidewalks shall be kept open for use by the general public.

l. Comply with accessibility requirements of the Americans with Disabilities Act.

5. Where special events involve land disturbance, signage or structures, permittees may be required to post a security with the city to ensure compliance with certain conditions of approval. The approval shall state which conditions are the subject of the security.

B. Temporary Uses.

1. Permit Required. A city temporary use permit is required for the establishment of a use on a temporary basis.

a. Temporary use permits may be issued for a period consistent with the anticipated length of the use, not to exceed six months. One six-month extension may be granted.

b. Temporary use permits shall not be issued for the sole purpose of conducting a temporary business.

c. Temporary use permits shall not be issued for vending or commercial retail sales. Seasonal sales (i.e., Christmas tree lots, pumpkin patches, candy sales, etc.) conducted by nonprofit groups may be permitted.

d. Temporary uses are exempt from the requirement to provide commercial floor area and a verification of coverage.

e. Where temporary uses involve land disturbance, signage or structures, permittees may be required to post a security with the city to ensure compliance with certain conditions of approval. The approval shall state which conditions are the subject of the security.

f. Temporary uses shall be reviewed and approved for a specific purpose by city of South Lake Tahoe staff for consistency with this code, the permissible uses in the plan area statements, community plans, and area plans. A permissible use listed as allowed may be reviewed at staff level, while a use listed as special requires a public hearing that includes the TRPA hearings officer, city zoning administrator or planning commission and notification of the property owners within a 300-foot radius. (Ord. 902; Ord. 1057 § 1 (Exh. A); Ord. 1094 § 1 (Exh. A); Ord. 1172 § 2. Code 1997 § 32-21.1)

6.55.240 Land capability and land coverage.

Refer to the TRPA Code of Ordinances, Chapter 20. (Ord. 902. Code 1997 § 32-22)

6.55.250 Applicable density for various land use designations.

As contained within the General Plan Data Base, the following densities apply:

 

Land Use

Density/ parcel or acre

People/parcel or acre

Residential

Single-family

1/parcel

2.5 people/ parcel

Single-family on parcels greater than 1 acre

2/parcel, provided 1 is a secondary residence

5 people/parcel

Summer home

1/parcel

2.5 people/ parcel

Multiple-family

15 units/acre

37.5 people/ acre

Mobile home

8 units/acre

20 people/acre

Multi-person dwelling, nursing, personal care and residential care

25 people/acre

25 people/acre

Tourist Accommodation

Bed and breakfast

10/acre

 

All other

 

 

- If less than 10% with kitchens

40/acre

 

- If 10% or more with kitchens

15/acre

 

Commercial

The density or intensity of development is determined by the following site development standards:

Land Coverage, refer to Chapter 20 of the TRPA Code of Ordinances

Density, refer to Chapter 21 of the TRPA Code of Ordinances

Height, refer to Chapter 22 of the TRPA Code of Ordinances

Driveway and Parking, refer to city design manual

Best Management Practices, refer to Chapter 25 of the TRPA Code of Ordinances

Basic Service Signs, refer to City Sign Ordinance

Requirements, refer to Chapter 27 of the TRPA Code of Ordinances

Natural Hazards, refer to Chapter 28 of the TRPA Code of Ordinances

Historic Resource Protection, refer to Chapter 29 of the TRPA Code of Ordinances

Design, refer to city design manual

Recreational Uses

Developed campgrounds

8 sites/acre

32 people/acre

Recreation vehicle parks

10 sites/acre

40 people/acre

Group facilities

25 people/acre

25 people/acre

Public Service

The density or intensity of development is determined by the following site development standards:

Land Coverage, refer to Chapter 20 of the TRPA Code of Ordinances

Density, refer to Chapter 21 of the TRPA Code of Ordinances

Height, refer to Chapter 22 of the TRPA Code of Ordinances

Driveway and Parking, refer to city design manual

Best Management Practices, refer to Chapter 25 of the TRPA Code of Ordinances

Signs, refer to City Sign Ordinance

Basic Service Requirements, refer to Chapter 27 of the TRPA Code of Ordinances

Natural Hazards, refer to Chapter 28 of the TRPA Code of Ordinances

Historic Resource Protection, refer to Chapter 29 of the TRPA Code of Ordinances

Design, refer to City Design Manual

Notes:

1.    People per acre calculation is based on a TRPA residential factor of 2.5 people per unit and for recreation, four people per site.

2.    The land use designations described in the matrix above include a list of primary uses allowed within each designation; refer to Chapter 18 of the TRPA Code of Ordinances for uses and definitions which describe the intensity of use.

3.    The plan area statements, community plans, redevelopment plans or specific plans determine if a use is allowed, special, or prohibited for a specific parcel.

(Ord. 902. Code 1997 § 32-23)

6.55.260 Calculation of allowable density.

Refer to the TRPA Code of Ordinances, Chapter 21. (Ord. 902. Code 1997 § 32-24)

6.55.270 Condo-hotels.

A. Purpose. The specific purposes of these regulations are to implement general plan and community plan goals and policies, to provide sufficient hotel rooms to support development of conference facilities in the redevelopment area, to support the development of new construction, to protect the residential housing supply, to assure that condo-hotels are appropriately located, to mitigate potential impacts on public facilities and municipal resources, and to allow developers flexibility in the financing of hotel projects.

B. Use Permit Required. No person shall construct a condo-hotel without approval of a use permit under this section. A use permit for a condo-hotel may only be issued in those plan areas where hotels or similar visitor accommodations are permitted. This is not intended to preclude the demolition of an existing hotel and the reestablishment of a newly constructed condo-hotel.

C. Findings Required. In approving a use permit for a condo-hotel, the decision-making body shall make the following findings in addition to standard use permit findings:

1. An agreement in recordable form has been entered into with the city to ensure that the proposed condo-hotel will not adversely impact the city’s ability to provide fire, police and other city services to the condo-hotel and adjacent and nearby neighborhoods, businesses and residences.

2. Conditions have been imposed to ensure that the requirements of this section, the design standards, and the city code will be met.

3. CC&Rs and/or other documents satisfactory to the community development director and the city attorney will be recorded to ensure the long-term maintenance and operation of the condo-hotel in accordance with this chapter and the terms of any permits or approvals issued for the condo-hotel, to ensure that sufficient rooms will be available for transient occupancy purposes and to provide notice to future purchasers of the city’s right to enforce CC&Rs and/or other documents, this chapter and the terms of any permits or approvals issued for the condo-hotel.

D. The following requirements shall be observed for condo-hotel projects:

1. Development Standards. The redevelopment plan area development standards in SLTCC 6.10.080 or other applicable development standards and of this article shall apply.

2. Landscaping. The condo-hotel shall be landscaped in accordance with an approved landscaping plan.

3. Parking. On-site parking shall be provided in accordance with the parking and loading requirements contained in the city’s design standards or as approved by the decision-making body.

4. Utilities. All utilities shall be installed underground.

5. Owner’s Association. An owner’s association shall be established to govern, maintain and operate the condo-hotel and its services, including but not limited to housekeeping for all public areas (including the lobby and hallways), front desk, concierge services, etc., as a hotel in accordance with CC&Rs satisfactory to the city. The CC&Rs, as well as other relevant documents, shall require all portions of the condo-hotel including, but not limited to, landscape and open space areas, lobby, hallways, parking, banquet/ballroom facilities, conference, restaurant, retail, parking, recreational, and spa facilities, and other amenities and improvements (collectively “amenities”), as well as the individual condo-hotel units, their furniture, fixtures and equipment, to be maintained and operated in accordance with the first-class hotel standard.

6. Management of Condo-Hotel. The CC&Rs shall require the owner’s association to hire a single qualified professional management entity to maintain and operate the condo-hotel. The management entity shall have at least five consecutive years of experience in the hotel management business in hotels that meet the first-class hotel standard and have 10 other properties (nationally or internationally) under current management. The applicant shall provide the city with appropriate documentation to demonstrate that the management entity meets the requirements of this section. Upon application by the developer, the decision-making body may modify the experience standards for the management entity upon finding that the management entity has substitute experience meeting the interests served by the standards. The CC&Rs shall give the owner’s association and management entity the right, power and obligation to enforce the first-class hotel standard including, without limitation, the right to enter any portion of the condo-hotel, including individual condo-hotel units and cure any failure to meet the first-class hotel standard. The management entity shall offer transient lodging services to all owners of the condo-hotel units.

7. Reporting and Inspection. Each owner of the individual condo-hotel units, the owner’s association and management entity shall maintain and regularly make available to the city such information, books, records, and documentation, and also shall allow reasonable access to individual units, as the city finds necessary to have or review in order to ensure that the city may determine the condo-hotel’s compliance with this chapter and other applicable city laws, regulations, project conditions and mitigation measures. The original and every subsequent management entity shall immediately advise the community development director of its name, qualifications, address, telephone number and the name of a contact person.

8. Use of Units. Owners’ use of their condo-hotel unit shall be limited to 30 days per calendar year. The city may approve additional usage in the use permit, but the total number of days of owners’ use approved by the city shall not exceed 30 consecutive days or 60 days total use per calendar year. At all other times, units shall be used for transient occupancy purposes only; units may not be rented to any person(s) for more than 30 consecutive days.

9. Compliance with Law. It shall be the responsibility of the applicant for a condo-hotel to comply with the requirements of this code as well as other applicable federal, state and local laws and regulations.

E. In approving a use permit for a condo-hotel, the decision-making body may impose reasonable conditions of approval.

F. The city may adopt such additional standards, policies and procedures that may be necessary or convenient to implement this section. (Ord. 967. Code 1997 § 32-24.1)

Article IV. Regulation of Specific Uses

6.55.275 Outdoor storage and display.1

A. Applicability. The provisions of this section apply to outdoor storage and display of merchandise.

B. The display or storage of retail or rental merchandise outdoors is prohibited except in the following circumstances:

1. Outdoor storage and/or display is allowed as part of the primary use, as described in the TRPA Code of Ordinances or the applicable community or area plan.

2. The outdoor storage and/or display has been approved through a special use permit or minor design review permit.

3. The outdoor storage and/or display has been approved through a temporary activity permit.

4. The outdoor display meets the definition of “adornment” as described in SLTCC 4.40.030(C).

5. The outdoor display consists of recreation equipment meeting the following criteria:

a. Relationship to Main Use. The outdoor sales and display area shall be directly related to a business occupying a permanent structure on the subject parcel.

b. Recreation Equipment. The outdoor display may only include items, such as but not limited to stand-up paddle boards, kayaks, bicycles, jet skis, or snowmobiles, that are recreation-oriented, available for rent or sale, and emphasize South Lake Tahoe’s recreation-based, Lake Tahoe-oriented economy.

c. Location. Outdoor display shall be located as close as practicable to the business entrance, subject to the other limitations, and shall not be located on public right-of-way. The display area shall occupy a fixed location that does not disrupt the normal function of the site or its circulation and does not encroach upon driveways, landscaped areas, parking spaces or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for pedestrian or vehicular traffic.

d. Height. Maximum height of the display shall not be higher than 15 feet.

e. Signs. Additional signs, beyond those normally allowed for the subject use, shall not be provided as a result of the outdoor display and sales area(s). The items on display function to attract attention or convey a message and function as a form of signage. Businesses would still be able to display signage allowed by Chapter 6.40 SLTCC.

f. Access to Business. A clear path of 48 inches or more shall be provided between the parking areas and any sidewalk or path serving the use and the business door, and the display shall not obstruct access to neighboring businesses. Displays shall not block or interfere with existing ADA access to a business or neighboring business.

g. Adequate Parking. The outdoor display shall not impact the business’s or neighboring businesses’ required parking or, in the wintertime, snow storage area.

h. Neat and Orderly. The outdoor display shall maintain a neat and orderly appearance. For example, bikes shall be lined up in a tidy manner, and stand-up paddle boards or kayaks shall be aligned vertically in a tidy manner or stacked horizontally in racks.

i. Timing. The items displayed outdoors may only be displayed during the business’s hours of operation and must be placed inside each evening or stored in a location that is not visible from a public right-of-way.

j. Permitting. A display of recreation items that meets these criteria does not require a permit. The property owner and/or business owner may apply for a minor design review permit to allow the display of recreation-oriented items that do not meet these criteria. The application would be reviewed by city staff but may be referred to the planning commission at the discretion of the development services director. (Ord. 1091 § 1 (Exh. A))

6.55.280 Home occupations.

A. Purpose. To provide for business activities normally conducted within a residence that do not adversely affect the residential character of the surrounding neighborhood by limiting their scope, size, intensity, and nonresidential traffic.

B. Permit Required. Applicants receiving approval from the planning division must acquire both a city business license and a home occupation permit prior to doing business. Cancellation of either or both permits will cause discontinuance of the use at the site.

C. Permitted Home Occupations. Customary home occupations such as handicrafts, laundering, mail order, seamstress, cleaning and maintenance services, handiwork and repair services, telephone sales, and artisans and the like may be allowed by home occupation permit in a residential zone if they generate income; provided, all of the following criteria are met.

D. Criteria.

1. That such occupations shall be conducted solely by a resident occupant in his/her residence or, that such occupation shall permit one employee, provided a conditional use permit is authorized prior to the use with specific conditions (paved parking, etc.); and

2. That no customers/clients shall come to the residence in conjunction with this business; and

3. That not more than 20 percent or a maximum of 350 square feet of the dwelling, including the garage, shall be devoted to such purposes. On-site paved parking shall be provided per Chapter 6.10 SLTCC, Article VII, Parking, Driveway and Loading Spaces; and

4. That no signs (external or window) for this use shall be erected at this site; and

5. That street address shall not be used in any advertising of this use. This would prohibit street addresses on fliers, telephone yellow pages and the like; and

6. That no equipment, materials, supplies, merchandise or goods in connection with this use shall be stored or displayed outdoors. Tarping or perimeter fencing around this equipment does not meet this criteria; and

7. That no noise (see SLTCC 4.40.040 and 4.70.150) shall be generated as to be offensive to the neighborhood; and

8. That not more than one motor vehicle bearing advertising or otherwise pertaining to this use shall be parked on or about the premises; and

9. That no home occupation shall be permitted which requires internal or external alterations or involves construction features or the use of mechanical equipment not customarily found in residential dwellings.

E. Exceptions for the Requirement of a Home Occupation Permit.

1. Small and large family day home care providers, as defined in California Health and Safety Code Section 1596.78, are not home occupations and therefore shall not be subject to regulations imposed by this section. Large family day home care providers (more than six children but less than 13) shall be subject to regulation by use permit, in accordance with Article VII of this chapter.

2. Office and office services conducted within the home, excluding those expressly forbidden in SLTCC 6.55.290, shall be allowed without the provision that they acquire a home occupation permit provided that all of the following conditions are met:

a. That the primary physical place of employment is at another site other than a personal residence; and

b. That no outside physical activity and/or storage takes place at the residence; and

c. That all criteria listed in subsection (D) of this section are met.

3. Where it can be documented in writing, by a licensed physician, that an individual seeking a home occupation permit, or a relative in his or her care, has a serious medical condition or physical disability which requires the conduct of business from a residence, an exemption from the requirement to meet the criteria set forth within subsection (D) of this section may be granted by the zoning administrator through the special use permit process.

Whenever such exemption is granted, the zoning administrator shall have the authority to impose conditions which afford reasonable accommodation while minimizing any negative impacts the conduct of business within the residence may have upon the surrounding neighborhood.

F. Growth. Growth of this use beyond that of a home occupation as defined herein shall require relocation to an appropriate commercial zone. (Ord. 902. Code 1997 § 32-25)

6.55.290 Uses not permitted as home occupations.

In any residential plan area, offices for a doctor, physician, surgeon, lawyer, dentist, therapist, commercial photo studio, beauty parlor/salon, barber shop, real estate business, dance school, business school or school of any kind with organized classes or similar activity, and firewood storage yards for resale purposes, are not considered to be home occupations and therefore not allowed.

In plan areas which permit multiple-family dwellings, the above listed home occupations may be allowed upon the granting of a special use permit following a public hearing.

Notwithstanding the prohibition of business activities identified within this section, the exemption provision for medical or physical disabilities contained within SLTCC 6.55.280(E)(3) shall apply to all business operations specified within this section, provided the outcome of the public hearing required for issuance of a special use permit finds that the business will not be injurious to the neighborhood, the evidence requirement for such medical or physical disability is satisfied, and that the applicant can demonstrate that any conditions imposed through the use permit process can be met. (Ord. 902. Code 1997 § 32-26)

6.55.295 Hosted rentals.

A. Purpose. The purpose of this section is to establish reasonable standards for the use of dwellings as hosted rentals to preserve neighborhood character and quality of life by avoiding adverse effects on the surrounding neighborhood by limiting the scope, size, intensity, and nonresidential traffic from hosted rentals.

B. Definitions. For the purposes of this section, the following terms, phrases and words shall have the meanings hereinafter set forth:

“Accessory dwelling unit” means an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons, is located on a lot with a proposed or existing primary residence, and includes permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the primary dwelling.

“Director” means the director of the development services department.

“Dwelling” means a building, or portion thereof, designed exclusively for residential purposes, including single-family and multifamily dwellings, condominiums, and timeshares, but not including hotels, motels, boardinghouses and lodging houses.

“Guest” means a visitor to a hosted rental property associated with the hosted rental, including any visitor not staying overnight.

“Homeowner” means the natural person or persons or personal or family trust consisting solely of natural persons that owns a dwelling and claims that dwelling as their principal place of residence. Business entities are excluded from the definition of “homeowner.”

“Hosted rental” means an activity whereby the owner or tenant hosts a visitor or visitors in the homeowner’s or tenant’s home, for compensation, for a period of 30 or less consecutive calendar days, while the homeowner or tenant lives on site in the home throughout the visitor’s or visitors’ stay. Neither vacation home rentals as defined in SLTCC 3.50.370 nor bed and breakfast facilities where bedrooms are rented for overnight lodging and at least one meal daily is provided are hosted rentals and these uses are regulated in other sections of this code.

“Multifamily dwelling” has the same meaning as set forth in SLTCC 3.50.370.

“Tenant” means the natural person or persons residing in a dwelling either: (1) under a lease with a term of two years or more; or (2) with proof of tenancy in a dwelling under multiple consecutive tenancies adding up to two years or more, and that claims that dwelling as their principal place of residence.

C. Permit Required.

1. It shall be unlawful for any person to operate, maintain, or advertise a hosted rental without a permit issued under this section. Hosted rental permits are issued for a specific permittee and dwelling and are not transferable between permittees or dwellings. Hosted rental permits are valid for one year after issuance and may be renewed.

2. No more than 200 hosted rental permits shall be active citywide at any time.

D. Application Requirements. A homeowner or tenant applying for an annual hosted rental permit shall submit an application to the director containing, at a minimum, the following:

1. Applicant(s) name(s), mailing address, telephone number, and email address.

2. Address and assessor’s parcel number of dwelling proposed to be used as hosted rental.

3. If the applicant is a homeowner, copy of property tax exemption or written statement signed under penalty of perjury that hosted rental dwelling is the principal place of residence of homeowner.

4. If applicant is a tenant, signed permission from the property owner for the tenant to use the property as a hosted rental, copy of lease agreement(s) for a term of two years or more or establishing tenancy under multiple consecutive agreements adding up to two years or more, and written statement signed under penalty of perjury that dwelling is tenant’s principal place of residence.

5. Total number of bedrooms in dwelling and number of bedrooms to be used for hosted rental.

6. Number of off-street paved parking spaces on property.

7. Names of all advertising platforms to be used to advertise hosted rental.

8. Agreement to comply with the performance standards in this section.

9. Application fee in an amount set forth by resolution of the city council.

10. Applications to renew a hosted rental permit shall be submitted prior to the expiration of the existing hosted rental permit. If a timely renewal application is filed, the hosted rental permit shall not expire until the director approves or denies the renewal application. If a timely renewal application is not filed, the hosted rental permit shall expire one year from the date it was issued and shall be considered null and void. The city shall not provide notice to the permittee of a forthcoming hosted rental permit expiration date.

E. Permitted Structures.

1. Homeowner or tenant must reside in the same dwelling as the hosted rental.

2. Hosted rentals are not permitted in multifamily dwellings, accessory dwelling units, or timeshares.

3. Camping and sleeping in tents, travel trailers, campers, or recreational vehicles is not permitted at the hosted rental property.

4. Bedrooms shall meet minimum size and other requirements as defined in the building code.

5. All applicable building and fire code requirements, as specified in the self-inspection certified checklist application requirement, shall be met.

F. Performance Standards. Hosted rentals shall comply with all of the following standards while a hosted rental is occurring:

1. The homeowner or tenant shall be available by telephone to respond to complaints regarding the hosted rental, and shall be available to respond in person to complaints within 60 minutes. The homeowner or tenant listed on the application shall stay overnight at the dwelling while it is being used as a hosted rental.

2. The homeowner or tenant may only enter into a hosted rental contract with one party at a time during the same occupancy period.

3. The hosted rental permit number shall be included on all advertisements and the entire home shall not be advertised as available for rent.

4. The maximum number of guests allowed in a hosted rental shall not exceed two people per hosted bedroom and shall not exceed six total guests. Children five and under are not counted toward maximum occupancy. Rental to unaccompanied minors under the age of 18 is prohibited.

5. Limit of vehicles associated with the hosted rental use is determined by the number of paved off-street parking spaces dedicated for use by hosted rental guests, not to exceed two vehicles.

6. Outdoor amplified sound is prohibited. Quiet hours shall be from 10:00 p.m. to 8:00 a.m. Use of outdoor spas and hot tubs is prohibited during quiet hours.

7. Events such as weddings and receptions are prohibited.

8. All required transient occupancy tax payments shall be made on time.

9. Homeowner or tenant shall maintain records of every night for which hosted rental is rented, including the name and contact information of the guest signing each rental contract and the number of occupants under each rental contract for a period of three years, and shall provide such records to the city within 15 business days of receiving a written request.

10. Homeowner or tenant shall go over these performance standards with guests prior to or during their stay.

11. These performance standards shall be included in the hosted rental agreement including online terms of rental and shall be posted inside the hosted rental in a location readily visible to all guests.

G. Enforcement and Revocation of Permit.

1. Homeowners, tenants, and guests in violation of this section, including homeowners and tenants operating a hosted rental without a hosted rental permit, are subject to administrative citation under Chapter 2.30 SLTCC.

2. A hosted rental permit may be revoked by the director if he or she concludes any of the following:

a. Homeowner or tenant has submitted false or misleading information in the application.

b. There has been a violation of any of the requirements or performance standards in this section.

c. The hosted rental has not made transient occupancy tax payments to the city in full by the date they are due.

3. A homeowner or tenant whose hosted rental permit has been revoked may not apply for a new hosted rental permit for one year from the effective date of the revocation.

4. A homeowner or tenant operating a hosted rental without a permit may not apply for a hosted rental permit for one year from the effective date of the administrative citation.

H. Appeal. A homeowner or tenant may appeal the director’s decision to deny, not renew, or revoke a hosted rental permit to the planning commission under the administrative appeal procedures in Chapter 2.35 SLTCC. (Ord. 1150 § 1)

6.55.300 Mobile home and travel trailer parks or sites.

A. Each travel trailer park site shall have a density not in excess of 15 travel trailers per acre of land so developed.

B. Sanitary regulations prescribed by the state, county and/or city shall be observed.

C. All buildings, mobile homes and travel trailers shall conform to the setback standards for residential land use classifications.

D. All areas for automobile access and parking shall comply with the applicable provisions of this chapter.

E. The planning commission may require that a mobile home or travel trailer site be improved with walkways reasonably necessary for the circulation and movement of pedestrians.

F. If mobile homes, travel trailers or utility trailers are stored on a mobile home or travel trailer site, they shall be screened from the public view.

G. No sales or service shall be conducted on any portion of such a site located within a residential district.

H. Any enlargement or extension of any existing mobile home park or travel trailer site shall require a special use permit as if it were a new use. (Ord. 902. Code 1997 § 32-27)

6.55.310 Mobile home and recreation vehicles.

A. Except within an approved mobile home park or travel trailer site, and except as provided in subsection (B) of this section, no person shall use or be an inhabitant of, reside in, or otherwise occupy a mobile home or recreation vehicle as a dwelling, or permit the same to be done, nor shall any person maintain or keep a mobile home or travel trailer for any such purpose in any plan area.

B. Except in a permanent campground for organized camping provided by a public agency or a duly licensed private person or in a licensed mobile home park or travel trailer park, or other areas lawfully licensed for such activities, no persons shall camp or sleep in any travel trailer, tent, automobile, truck, camper, mobile home or other temporary or movable facility, or out of doors; provided, however, that such occupancy may be permitted in a residential plan area for periods of not more than 14 consecutive days where there exist sanitary sewers, running water, and cooking facilities inside a permanent building which are lawfully established and available to such person.

C. Upon the issuance of a special use permit, a mobile home, travel trailer, motor home or utility trailer may be stored and maintained on a parcel in any plan area for security purposes, construction offices and the like. If the unit is to be used for temporary living and security while construction is occurring on site, the use permit shall condition among other things; length of time the unit may remain on site, utility and sewer connections, refuse pickup, location of the trailer, placement of the trailer and parking on a paved surface. (Ord. 902. Code 1997 § 32-28)

6.55.320 Day-care centers/pre-schools, residential care and private schools, kindergarten to secondary.

A. Day-care centers/pre-schools, and residential care shall provide adequate controls or measures to prevent excessive noise and excessive traffic on local residential streets.

B. Private schools, kindergarten to secondary, shall provide adequate controls or measures to prevent excessive noise and excessive traffic on local residential streets. A minimum of 10,000 square feet in lot area shall be required for each private school. (Ord. 902. Code 1997 § 32-29)

6.55.330 Motorcycles and mopeds.

No person, firm, corporation, partnership, or other legal or business entity shall conduct the business of leasing or renting motorcycles or mopeds within the city without having a valid use permit for such business issued by the zoning administrator. Such business rental premises shall be permitted only in commercial, public service or recreational plan areas.

No person, firm, corporation, partnership, or other legal or business entity conducting such business shall lease or rent any motorcycle or moped to any person unless such motorcycle or moped has attached thereto a flag or similar distinctive marking which clearly identifies such motorcycle or moped as the property of the leasing or renting entity and provides for easy visual ascertainment of such ownership from a reasonable distance. All such flags or similar distinctive markings shall be approved by the zoning administrator as to visibility and ready identification. (Ord. 902. Code 1997 § 32-30)

6.55.340 Horses, stables, etc.

No person shall keep any horse on any property within the city, unless specially permitted; in which event, a use permit shall be required, subject to the following terms and conditions:

A. Such permits shall only be issued after receipt and consideration of a report from the county health department on the proposed use.

B. Such permits shall, in addition to such other conditions as may be imposed, be subject to the condition that horses shall be kept a minimum of 50 feet from the front property line, 20 feet from any side or rear property line and 40 feet away from any dwelling on the same or any adjacent property.

C. In enacting this section, the city council finds that the keeping of horses in residential areas is inherently a nuisance unless the area is properly maintained and the use controlled, that the keeping of horses in the city under proper conditions is compatible with the recreational nature of the community and provides needed recreation for its residents, and that use permits should be required in all cases for the keeping of horses so that proper controls may be maintained. For these reasons, the council declares that the keeping of horses in such districts prior to the effective date of this section shall not and does not establish any rights to the keeping of horses in such plan areas without a use permit or any violations with the county health department. (Ord. 902. Code 1997 § 32-31)

6.55.350 Retail sale of dogs and cats in pet stores prohibited.

A. Findings and Intent. The city council, after several public meetings, finds as follows:

1. State and federal laws that regulate dog and cat breeders and pet stores that sell dogs and cats include: the Lockyer-Polanco-Farr Pet Protection Act (California Health and Safety Code, Section 122125 et seq.); the Polanco-Lockyer Pet Breeder Warranty Act (California Health and Safety Code, Section 122045 et seq.); the Pet Store Animal Care Act (California Health and Safety Code, Section 122350 et seq.); and the Animal Welfare Act (“AWA”) (7 U.S.C. Section 2131 et seq.).

2. The Lockyer-Polanco-Farr Pet Protection Act requires pet dealers (i.e., retail sellers of more than 50 dogs or cats in the previous year; not including animal shelters and humane societies) to have a permit, maintain certain health and safety standards for their animals, sell only healthy animals, and provide written spay-neuter, health, animal history and other information and disclosures to pet buyers. If after 15 days from purchase a dog or cat becomes ill due to an illness that existed at the time of sale, or if within one year after purchase a dog or cat has a congenital or hereditary condition that adversely affects the health of the dog or cat, an owner is offered a refund, another puppy or kitten, or reimbursement of veterinary bills up to 150 percent of the purchase price of the puppy or kitten.

3. The Pet Store Animal Care Act, effective in 2009, requires every pet store that sells live companion animals and fish to formulate a documented program consisting of routine care, preventative care, emergency care, disease control and prevention, veterinary treatment, and euthanasia.

4. The Polanco-Lockyer Pet Breeder Warranty Act offers protection similar to that of the Lockyer-Polanco-Farr Pet Protection Act, except that it applies only to dog breeders who sold or gave away either three litters or 20 dogs in the previous year.

5. The Animal Welfare Act requires, among other things, the licensing of certain breeders of dogs and cats. These breeders are required to maintain minimum health, safety and welfare standards for animals in their care. The AWA is enforced by the United States Department of Agriculture (“USDA”).

6. According to the Humane Society of the United States (“HSUS”), inspection records show that many USDA-licensed breeders breed dogs or cats in relatively inhumane conditions. These breeders are commonly referred to as “puppy mills” or “kitten factories.” Documented problems of puppy mills include: over breeding, inbreeding, veterinary care that doesn’t meet the same standards as other breeders, relatively poor quality of food and shelter, lack of human socialization, and overcrowded cages. Dogs bred in puppy mills are more likely to have behavior and/or health problems. While kitten factories are not as common as puppy mills, similar problems are reported regarding kitten factories.

7. According to the American Society for the Prevention of Cruelty to Animals (“ASPCA”), fearful behavior and lack of socialization with humans and other animals are common characteristics of dogs from puppy mills and kittens from kitten factories.

8. According to the Coalition Against Misery, hundreds of thousands of puppies are raised each year in commercial kennels. These puppies generally do not receive the same standard of care as provided by other breeders.

9. According to HSUS, most pet store puppies come from puppy mills and many pet store kittens come from kitten factories.

10. According to the city of Los Angeles animal services department, there are hundreds of thousands of puppy mills around the world that produce untold millions of puppies annually, while at the same time more than 4,000,000 pets die in U.S. shelters each year. With rare exceptions, when consumers buy puppies or kittens from pet stores there is a strong likelihood that consumers are supporting the puppy mill or kitten factory industry.

11. The city council finds that, in addition to state and federal laws, the city of South Lake Tahoe has a local responsibility to promote animal welfare and encourage best practices in the breeding and purchasing of dogs and cats. The city council believes that a community that promotes animal welfare will be a healthier community.

12. While the city council recognizes that not all dogs and cats retailed in pet stores are products of inhumane breeding conditions and would not classify every commercial breeder selling dogs or cats to pet stores as a “puppy mill” or “kitten factory,” it is the city council’s belief that puppy mills and kitten factories continue to exist in part because of public demand and the sale of dogs and cats in pet stores.

13. The city council finds that the retail sale of dogs and cats in pet stores in the city of South Lake Tahoe is inconsistent with the city’s goal to be a community that cares about animal welfare.

14. The city council believes that a ban on the retail sale of dogs and cats in pet stores will promote community awareness of animal welfare and, in turn, will foster a more humane environment in the city.

15. The city council believes that a ban on the retail sale of dogs and cats in pet stores in the city will also encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals’ lives and reducing the cost to the public of sheltering animals.

B. Definitions. For purposes of this section, the following definitions have been assigned to the terms used:

“Cat” means an animal of the Felidae family of the order Carnivora.

“Dog” means an animal of the Canidae family of the order Carnivora.

“Legally existing nonconforming use” means any pet store or pet store operator that displayed, sold, delivered, offered for sale or adoption, bartered, auctioned, gave away, or otherwise disposed of cats or dogs in the city of South Lake Tahoe prior to January 27, 2009.

“Pet store” means a retail establishment open to the public and engaging in the business of selling animals at retail. Any person who sells, exchanges, or otherwise transfers only animals that were bred or raised, or both, by the person, or sells or otherwise transfers only animals kept primarily for reproduction, shall be considered a breeder and not a pet store.

“Pet store operator” means a person who owns or operates a pet store, or both.

C. Prohibition. No pet store operator or pet store shall display, sell, deliver, offer for sale or adoption, barter, auction, give away, or otherwise dispose of cats or dogs in the city of South Lake Tahoe.

D. Nonconforming Uses. Notwithstanding Article V of this chapter or any other provision in this code regarding nonconforming uses, a legally existing nonconforming use may continue in existence for a period of two years from the date the ordinance codified in this section becomes effective.

E. Penalties. In addition to the administration and enforcement provisions enumerated in this chapter, if any pet store operator or pet store is found to be operating their business in violation of this section, said pet store operator and/or pet store is subject to having their business certificate revoked, their business closed, and/or a fine in the amount of $5,000 imposed.

F. Severability. The city council declares that should any provision, section, paragraph, sentence, or word of this section be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this section shall remain in full force and effect.

G. Certification and Publication. The city clerk shall certify the passage and adoption of the ordinance codified in this section and shall cause the same or a summary thereof to be published and posted in the manner required by law. (Ord. 1001 § 1 (Exh. A). Code 1997 § 32-31.1)

6.55.360 Snow play areas.

Snow play areas may be allowed by use permit, subject to the following terms and conditions:

A. Such permits shall expire May 31st following issuance, but application for permit for the next succeeding period ending May 31st may be made.

B. Such permits shall, in addition to such other conditions that the commission or zoning administrator may impose, be subject to the following conditions:

1. The use must be consistent with surrounding land use. If surrounding land is vacant, such use shall be deemed consistent.

2. Drainage and erosion controls shall be placed as required by the public services director.

3. No permanent scars shall remain on the land after abandonment of the facility.

4. No trees shall be removed unless a permit for such removal has been issued by the city.

5. Not more than one unlighted sign, not to exceed 20 square feet, shall be allowed, but such signs shall remain on the premises only during the period of actual use of the facility.

6. The site shall be kept free of trash accumulations at all times; a general site cleanup shall be completed not less than 30 days after the snow has melted.

7. The site shall remain open for inspection by the appropriate city personnel.

8. Parking shall be provided as follows:

a. Number of spaces and appropriate surfacing shall be determined by the planning commission or zoning administrator.

b. “No parking” signs shall be placed on adjacent public streets, to be installed by the city and paid for by the applicant.

9. Restroom facilities are required, separate for each sex. Chemical toilets may be used if permanent facilities are not easily accessible. Screening of these facilities shall be approved by the public services director.

10. Applicant shall provide adequate liability insurance naming the city as a co-insured. (Ord. 902. Code 1997 § 32-32)

6.55.370 Motels – Conversion to other uses.

A. Purpose and Intent. The purpose of this section is to establish criteria for the conversion of existing motel properties to affordable multiple-family rental housing and for substitution of bonus units for the same, as well as for existing rental housing units, in South Lake Tahoe. Chapters 33 and 35 of the Tahoe Regional Planning Agency (TRPA) Code of Ordinances provide the regional mechanism for such conversions and for bonus unit assignment, as well as applicable definitions. This section provides South Lake Tahoe’s additional standards and supplemental definitions for such projects, consistent with TRPA’s Code and appropriate to the context of our community. Projects must be consistent with the requirements of both codes and must obtain permits from both agencies.

The intent behind clarifying these criteria is to provide a clear set of standards by which potential properties may be evaluated for eligibility under the city’s motel conversion and/or bonus units substitution programs. These programs will increase the stock of decent, safe and sanitary deed restricted affordable housing units, which will benefit South Lake Tahoe residents both now and in the future. In addition, this program provides incentives for creating this affordable housing, as bonus unit substitution frees up market rate residential units of use for the creation of new multiple-family housing units in the community.

The city has an excess inventory of motel rooms relative to tourist demand for this type of lodging. Some area residents are living in motel rooms without the kitchens and needed storage appropriate to long-term living. Motel property owners may be interested in additional options for their properties. This conversion option enables properties to retain any existing overdensity as long as parking requirements of this section are met. Excess tourist accommodation units associated with the property that were not converted may be banked. It is expected that converted properties will have higher occupancy rates than other properties due to the creation of higher standard units with kitchens.

This housing will be affordable to workers with a range of occupations who provide everyday, vital services to our community. Keeping area employees close to their jobs can improve morale and productivity, enhance local recruitment and retention efforts, and help to retain the sense of “community” that is currently being lost as workers move to less expensive rental properties out of the area.

Opportunities for motel conversions to affordable housing will be limited by the building and locational criteria provided in this section. Some motels would be better candidates for conversion than others; other motels will not qualify for conversion in their current condition or are otherwise ineligible due to their location. In order to qualify for conversion or bonus unit substitution, upgrades to motels or apartments will typically be required, or units may be torn down and reconstructed on site, which in either case leads to improvements that benefit their neighborhoods and the greater South Lake Tahoe community.

The motel conversion/bonus unit substitution program is a new option to assist the city of South Lake Tahoe in meeting its affordable housing obligations and ensuring a long-term supply of affordable housing for area residents. The standards provided for converted units to be appropriately rehabilitated should they be converted to provide affordable housing for the citizens of South Lake Tahoe.

B. Applicability. Motels may apply for a change of use that is consistent with the applicable permissible use matrix for the property but the applicant must obtain the appropriate unit of use applicable to the proposed use. Any such change of use to the motel, whether whole or in part, that involves the retention of any portion of the existing structure shall be subject to a special use permit application process.

Motel properties adjoining Lake Tahoe Boulevard or Emerald Bay Road located within the following PAS or community plans, all of which have either a “commercial” or “tourist” land use designation, are not eligible for conversion under this section:

1. PAS 103 (Sierra Tract commercial);

2. PAS 110 (South Y, the preliminary Tahoe Valley community plan area);

3. PAS 116, airport;

4. The Bijou/Al Tahoe community plan;

5. The Stateline/Ski Run community plan.

Exception: Motel conversions to affordable housing may occur in the above areas, in a manner that conforms to the standards of this section in the following circumstance: when the project is a mixed-use project combining the affordable housing with an associated public service component that conforms with the use matrix for the applicable PAS or community plan district. If the owner of the converted property is the operator of the public service/transitional housing use and the tourist accommodation units associated with the property remain banked with the land, the ability to convert back to a motel property in the future is retained, whether or not the use is permissible within the applicable plan area statement or community plan district.

If a property is located within one of the listed areas but does not directly abut Lake Tahoe Boulevard or Emerald Bay Road, they are eligible to apply for conversion to affordable housing under this section. Further, if the property abuts Lake Tahoe Boulevard or Emerald Bay Road within a PAS that is not listed above, it is a residentially-designated plan area that is eligible for conversion and/or bonus unit substitution if the proper designations are in place for assignment of bonus units.

C. Definitions. For the purposes of this section, the following definitions have been assigned to the terms used:

1. “Dwelling unit” means a living unit with more than one habitable room, with a separate bathroom and closet. Overall size of all habitable rooms (combined) must be greater than 220 square feet. At least one room in the unit must have 120 or more square feet. Other living or sleeping rooms shall have an area of 70 square feet or more and shall not be less than seven feet in any dimension. (If more than two people occupy a room for sleeping, increase the floor area by 50 square feet per occupant.) Kitchen may be in a separate room (no size requirements if clearances are met) or incorporated into the living room.

2. “Efficiency dwelling unit” means a studio living unit with one habitable room (living/sleeping), with a separate bathroom and closet, and a kitchen. Dimensions of living/sleeping area (excluding bathroom and closet) shall be at least 220 square feet and may include the kitchen.

3. “Transitional housing facilities” means facilities which provide temporary accommodations (less than one year) for individuals and/or families who must participate in targeted supportive services, either on-site or off-site, provided through licensed programs, tailored to the needs of the population being housed. The operator of the transitional housing facility must provide oversight and comprehensive case management, as well as 24-hour staffing (when more than six participants are housed) to ensure a monitored living environment.

D. Eligibility. The following standards apply to any motel conversion to affordable housing or bonus unit substitution project approved within the city of South Lake Tahoe:

1. Motel conversions to deed restricted affordable housing and all bonus unit substitutions must be consistent with the use matrix for the applicable PAS or community plan district. The applicable residential use category must be permissible. Density requirements of the PAS or community plan will not apply if the number of units to be converted already exist on the site and the development standards of this section, including parking requirements, are met. In no case will new (additional) units be created, or will units not verified as legally existing by TRPA be retained, that exceed the applicable residential density limits.

2. Motel conversions to affordable housing and other bonus unit substitution projects shall only be permitted if all units are perpetually deed restricted as affordable housing. Bonus units must be assigned by TRPA for the project. They may only be assigned to PAS or community plan districts that are designated preferred affordable housing areas eligible for the multi-residential incentive program.

3. Motel properties converted under this section may not be subdivided.

4. Once converted, the motel would become a residential land use and would fall under the other city code requirements for residences (such as the requirement for mandatory weekly residential garbage pick-up).

5. Physical standards for the structure must be met, as outlined in subsection (E) of this section, Development Standards – General.

E. Development Standards – General. All units converted under this section shall be in full compliance with the following development standards prior to issuance of a certificate of occupancy for the residential units. The following standards apply to any motel conversion to affordable housing or bonus unit substitution project approved within the city of South Lake Tahoe:

1. Required Components of Multiperson Facilities. Reserved.

2. Required Components of Transitional Housing Used in Conjunction with an Associated Public Service Component. Any transitional housing with an associated public service component project shall meet all applicable state and local laws, and any licensing requirements, pertaining to this type of R-6 occupancy and residential care use. Such project must also meet the occupant load requirements, density/parking ratios/driveway, water supply, and design provisions of this section. This use is subject to all of the application procedures in subsection (I) of this section.

3. Required Components of Multiple-Family Residential Units. Only conversions to independent housekeeping units, with facilities for living, cooking, sleeping and eating, will be considered under this section. Conversions must meet either the definitions of a “dwelling unit” or an “efficiency dwelling unit.” Ceiling heights may not be less than seven feet six inches, except that kitchens, halls, bathrooms and toilet compartments may have a ceiling height of not less than seven feet measured to the lowest projection from the ceiling. Residential units shall contain the following components:

a. Bathroom. Each dwelling or efficiency unit shall have its own separate bathroom that includes a water closet, lavatory and bathtub or shower. Water closets, bathtubs and showers shall be installed in a room that affords privacy.

b. Kitchen. Each unit shall have its own kitchen that incorporates required cooking facilities. These facilities include a range (or stove top and oven), a refrigerator in excess of five cubic feet in size, and a standard-sized kitchen sink. Each component of the kitchen shall have a clear working space of not less than 30 inches in front.

c. Light and Ventilation. Habitable rooms shall be provided with natural light by means of exterior glazed openings with an area of not less than one-tenth of the floor area of such rooms with a minimum of 10 square feet. (Exception: kitchen may be provided with artificial light.) Habitable rooms shall be provided with natural ventilation by means of openable exterior openings with an area of not less than one-twentieth of the floor area of such rooms with a minimum of five square feet. (Exception: mechanical ventilation may be used provided such system is capable of providing two air ventilation changes per hour in habitable rooms and five air changes per hour in bathrooms.)

d. Storage. Two hundred cubic feet of indoor, lockable, individually dedicated storage space shall be provided for each unit. This space shall not be accounted for in the unit size requirements or in the usual closet space provided for each unit. It may be located within the unit or elsewhere on-premises. Reasonable off-premises arrangements may also be considered during the use permit process.

4. Occupant Load Requirements. Rental agreements must include occupant load limitations to prevent overcrowding. Two people per bedroom plus one shall be the occupant load limit for units with separate bedrooms and no more than two people shall occupy a one-room efficiency unit.

5. Density/Parking Ratios/Driveway Standards. Parking is for operable motor vehicles only; trailers, tractors, boats, etc., shall not occupy required parking spaces. Project must substantially conform, in the opinion of the planning commission, to citywide parking and driveway standards in regard to parking space size, driveway width, etc. Reasonable existing nonconforming elements of parking and driveway design may be retained. The applicant must provide a parking/driveway standards conformance assessment that describes how the site conforms to or deviates from all city of South Lake Tahoe standards. Nonconforming driveway/parking elements may not be expanded and nonconforming back-outs shall be the first parking spaces eliminated should on-site parking be reduced for whatever reason.

Each property must satisfy one of the following two parking requirements. Either:

a. Provide no fewer than 1.5 parking spaces for each habitable unit; or

b. Properties located on a fixed transit route may provide no fewer than 1.5 parking spaces for each habitable unit one bedroom or greater in size and, for efficiency units, 1.2 parking spaces per unit. (The latter provides one space per unit, plus one space for every five efficiency units for guest parking.) Under this option, the property owner shall provide documentation that the area’s transportation provider is willing to install a bus stop at the site (or identify that one is already available within one-eighth mile). If a new bus shelter is required, it shall be installed at the identified site prior to project completion.

6. Water Supply. Properties must be served by a water system that meets current El Dorado County requirements for the residential use and have a municipal water supply with adequate fire flow within 1,000 feet.

7. Signs. Converted motels shall have signs that meet city code addressing requirements only. Removal of all other signs is required.

F. Development Standards, Demolition and Reconstruction. In addition to the general standards set forth above, the following standards would apply to motel conversion to affordable housing or bonus unit substitution projects where the applicant proposes to tear down the existing structure and reconstruct the new affordable housing on-site:

1. New buildings created in this manner shall meet all city design and building standards applicable to new construction (including setbacks).

2. Existing TRPA-verified land coverage may be reused in compliance with the requirements of the TRPA Code of Ordinances, including excess coverage mitigation.

3. Any over-density that would have been permissible to retain for the existing residential structure, or if the existing motel was converted in place, may be retained.

4. The parking ratios described in the general development standards for this section apply, but the nonconforming elements in terms of parking design must be corrected.

G. Development Standards, Modification and Reuse of Existing Structures. In addition to the general standards set forth above, the following standards apply to motel conversion to affordable housing or bonus unit substitution projects where the existing structures are proposed for modification and reuse:

1. Structure Requirements. No building that has components that meet the Uniform Housing Code’s definition of “substandard buildings” (Chapter 10) shall be eligible for conversion or bonus unit substitution. All work conducted as part of the conversion or bonus unit substitution process that requires a building permit shall obtain said permit and shall be performed by licensed California contractors having the required license type, city business license and necessary proof(s) of insurance.

2. Architectural Drawings/Facilities Report. The applicant shall submit complete architectural drawings and a facilities report, prepared by a licensed California civil engineer or architect, as part of the motel conversion to affordable housing or bonus unit substitution application. The facilities report shall identify any elements that do not meet development standards set forth in this section and shall include the applicant’s proposal regarding how to resolve items that do not meet the standards or code or have a useful life of less than five years. All design and building items that do not meet standards or code must be remedied (replaced, repaired or further evaluated).

a. Building/fire department issues that must be evaluated in the facilities report include:

i. All structures shall have electrical systems that comply with the latest adopted edition of the California Electrical Code (breaker-type overcurrent devices, GFCI protection for kitchen counters, bathrooms and outdoors, etc.).

ii. All structures shall have plumbing systems that comply with the latest adopted edition of the California Plumbing Code. All plumbing fixtures shall be connected to an approved sewage disposal system and water supply with hot and cold running water.

iii. All structures shall have heating systems that comply with the latest adopted edition of the California Mechanical Code. Heating facilities must be installed per manufacturer’s specifications and be capable of maintaining a room temperature of 70 degrees at a point three feet above the floor in all habitable rooms.

iv. All roof coverings shall be Class A minimum. Wood shakes or wood shingles are not allowed.

v. Residential units shall have access directly to the outside or to a public way. All buildings or portions thereof shall be provided with exits, exit passageways and appurtenances as required in Chapter 10 of the California Building Code.

vi. All sleeping rooms shall have egress windows that comply with the latest adopted edition of the California Building Code.

vii. All windows shall be minimum dual pane or equal.

viii. All living units shall have either a 13-R sprinkler system or minimum one-hour occupancy separation walls and floor ceiling assemblies, if applicable. In addition, draft stops shall be installed where required.

ix. Walls consisting of two by four construction shall have insulation with a minimum R-value of 13, two by six walls shall have a minimum R-value of 19. Roof ceiling construction shall have a minimum R-value of 30. Under-floor areas shall have a minimum R-value of 19.

x. The Fair Housing Amendments Act of 1988, Title 24 and the Americans with Disabilities Act regulations all regulate structure accessibility under specific circumstances. Evaluate the project to determine whether accessibility retrofits are required.

xi. If the structure is greater in size than 3,000 square feet, it must have a monitored fire alarm system for all units. In every case, smoke detectors must be provided in all sleeping rooms, hallways leading to sleeping rooms, at the top of the stairs, and at each floor level.

b. Design issues that must be evaluated in the facilities report include:

i. Those items found in the modified design review checklist for motel conversion to affordable housing and bonus unit substitution projects. This checklist shall serve as the basis for design requirements for projects under this section. Required improvements enhance the property’s “curb appeal,” through building color or material changes, through the addition of dumpster enclosure and landscaping requirements, by meeting lighting standards, by installing curb/gutter and sidewalk improvements, by providing adequate snow storage in combination with adequate parking, etc.

ii. A best management practices “certificate of compliance” must be obtained from either TRPA or the Tahoe Resources Conservation District, whichever agency is applicable.

H. Deed Restriction. The privilege of motel conversion to affordable housing and bonus unit substitution is tied to the creation of deed restricted affordable housing, or subsidized/no cost housing for transitional housing/public service projects.

1. Motel conversions to affordable housing and other bonus unit substitution projects shall only be permitted if all units are perpetually deed restricted as affordable (lower-income) or subsidized/no cost housing. This restriction is placed on the title of the property and it dictates that the property where motel conversion or bonus unit substitution has occurred will be utilized only as affordable or, if applicable, subsidized/no cost housing. These deed restrictions shall constitute covenants running with the land and shall be binding on all owners and their successors and assigns and any parties having or acquiring any right, title, or interest in or to the property.

The deed restriction will include the following items:

a. Tenant Leases. Tenants who are required to pay rent must be provided with a written lease that contains the current affordable rents and income as an attachment to the lease. The lease term must be for a minimum period of one month. Renting the unit by the day or by the week is not acceptable under any circumstance.

b. Property Manager. Converted housing must meet the requirements of state law, and this section, related to property management. They must have and maintain either an on-site manager (for complexes of 16 units or more) or hire and post the name of the professional property management company to operate the complex in accordance with the affordability requirements.

c. Length of Affordability. Converted housing shall remain affordable for the life of the dwelling units unless the use of the structure is changed through a formal permit process.

d. Compliance. Use permit compliance issues shall be addressed through traditional means, such as the code enforcement/nuisance abatement programs or other programs that address housing health and safety issues.

e. Ownership Changes. The city of South Lake Tahoe must be notified upon changes in property ownership.

f. Rents and Tenant Household Incomes. Rents and tenant household incomes will be restricted to limits consistent with Health and Safety Code Sections 50025.25 and 50053 for determining affordable housing based on the area median income. City of South Lake Tahoe housing and economic development staff shall annually calculate and publish the income and rental rate limits at the time of the year when the State Department of Housing and Community Development provides new median income information for El Dorado County. If utilities are not included in the cost of rent, owner shall use the rental assistance formula provided from El Dorado County community services for calculating a utility allowance. This amount plus the cost of rental shall not exceed the maximum rental limit.

i. Rent. The maximum rent is calculated using 60 percent of the area median income. Monthly rental rates, including utility costs, shall not exceed 30 percent of the area median income divided by 12 and adjusted for family size appropriate for that unit as follows:

Efficiency unit: Area median income adjusted for one person;

One-bedroom unit: Area median income adjusted for two persons;

Two-bedroom unit: Area median income adjusted for three persons;

Three-bedroom unit: Area median income adjusted for four persons.

ii. Tenant Household Income. Upon initial occupancy, tenant’s annual gross household income shall not exceed 80 percent of the area median income adjusted for family size. Owner shall be responsible for determining annual gross household income at initial occupancy. All persons living in the unit over 18 years of age shall have their income included in determining the annual gross household income. If tenant’s annual gross household income increases after initial occupancy beyond 80 percent of the area median, owner may charge the tenant up to 30 percent of the tenant’s gross household income for rent, including utilities.

2. The monitoring of the affordability deed restriction shall be conducted as follows:

a. Frequency of Monitoring. City housing and economic development division staff shall monitor all converted housing as staffing levels permit in accordance with the following schedules:

i. Projects of 20 or more units: at least once a year.

ii. Projects of less than 20 units: at least once every two years.

b. Compliance with Rent and Income Limits. During the monitoring, housing and economic development staff shall review tenant files maintained by the owner regarding rent and annual gross household income to determine if they are within the affordability limits.

c. Inspection of Units. During the monitoring, housing and economic development or building and safety staff shall randomly inspect a sampling of the units by physically examining their condition for occupancy and identifying any code violations.

d. Inspection of Use Permit Conditions. During the monitoring, housing and economic development staff shall be provided with copies on any tenant leases associated with parking restrictions, should the use permit have granted parking ratio reductions based upon tenants that do not have vehicles.

e. Report. Housing and economic development staff shall generate a report upon completion of the monitoring and note any items required for corrective action. Property shall be reinspected within a reasonable timeframe for compliance.

I. Application Procedures.

1. Submittal of a city of South Lake Tahoe “major design review” application and fee and “special use permit – planning commission” application and fee is required in every case (even when the use is “allowable” under the applicable PAS or community plan district). The city of South Lake Tahoe will be the lead agency for compliance with CEQA for conversion projects and the project proponent must submit the required application and fee (exemption or negative declaration, whichever is applicable). The modified design review checklist must be completed and submitted as part of the application.

2. All applicable building division fees shall apply.

3. A completed verification of the number of TRPA-recognized units of use/land capability/land coverage is required in order to apply for either the motel conversion to affordable housing or bonus unit substitution process.

4. Applicants must provide documentation regarding the number of sewer units the South Tahoe public utility district (the district) bills for at the property as part of the application process. Converted properties would have to obtain the necessary sewer units to convert to residential units (total of two needed for an efficiency unit and total of three needed for one-bedroom units).

5. The required facilities report and parking/driveway standards conformance assessment must be submitted with the initial application.

J. Severability. The illegality or invalidity of any provision or portion of this section shall not affect the validity of the remainder of the section and this section shall be construed as if such provision did not exist and the nonenforceability of such provision shall not be held to render any other provision or provisions of this section unenforceable. (Ord. 902; Ord. 949 § 1. Code 1997 § 32-33)

Article V. Nonconforming Use Regulations

6.55.380 General provisions.

A. Continuation and Maintenance. A legally established nonconforming use, a building containing one or more nonconforming uses or a noncomplying building may be continued and/or maintained, as provided in this article or otherwise provided by law.

B. Effect of Article on Other Provisions of Code, Etc. Nothing in this article shall be construed as repealing, abrogating, superseding or modifying any provision of this code, or of the law relating to the requirements for construction, maintenance, repair, demolition or removal of buildings.

C. Nonconforming Determinations. Any building not conforming to the requirements of this chapter or any use not conforming to this chapter, shall be considered to be legally nonconforming and afforded the rights established in this article, provided the building or use was lawfully established prior to November 30, 1965. Any building or use that does not meet this provision is not entitled to the rights contained in this article. (Ord. 406 § 1; Ord. 824 § 1; Ord. 902. Code 1997 § 32-34)

6.55.390 Nonconforming uses.

A. Expansion of Nonconforming Uses, Including Land. A nonconforming use may be expanded in its size and extent provided it does not require commercial floor area, additional residential units, additional tourist units, additional land coverage or vehicle trips. See definition of “expansion” for further clarification.

No person shall expand a nonconforming use, or any portion of a nonconforming use not located within a building.

B. Changing of a Nonconforming Use. When a nonconforming use is replaced by a conforming use, the rights of that nonconforming use no longer apply. Further, the change from a nonconforming use to a conforming use, shall comply with the UBC as well as having the required development rights. Should such a change involve the legalization of an illegal unit as defined in Ord. 816, the minimum Health and Safety Standards contained in Ord. 816 shall constitute conformance with the UBC requirements.

C. Discontinuance or Abandonment of Nonconforming Uses.

1. On vacant land or any land where the value of the improvement is less than $1,000, all nonconforming residential, commercial or industrial uses are discontinued or abandoned for 12 months or more, the use, or subsequent uses, of the land shall be conforming.

2. Where all nonconforming uses of a building are discontinued for 12 months or more, the use, or subsequent uses, of such buildings shall be conforming.

D. Complete Reconstruction of Damaged Buildings or Structures Containing Nonconforming Uses, Due to Fire or Calamity. Any building or structure containing a nonconforming use, damaged by fire or calamity, may re-establish the nonconforming use as provided within this article. If the building is reconstructed, it shall be compatible with the surrounding uses and it shall have the same or greater setback, but no greater floor area, footprint, land coverage or an increase in units of use than it had prior to being damaged. Examples of incompatibility include commercial uses within a residential neighborhood that affects the functioning of the neighborhood, such as noise, odor, fumes, toxics, traffic and the like. In these cases, the building, which shall be consistent with the city design review guidelines, may be rebuilt and the use shall be compatible with the surrounding uses. (Ord. 406 § 1; Ord. 824 § 1; Ord. 902. Code 1997 § 32-35)

6.55.400 Nonconforming buildings.

A. Enlargement of Noncomplying Buildings. No person shall enlarge a noncomplying building in any manner which increases its noncompliance.

B. Enlargement of Building Containing Nonconforming Uses. No person shall enlarge any building containing a nonconforming use except to accommodate a conforming use. In multiple business complexes containing conforming and nonconforming uses, a building may be expanded, provided the nonconforming uses are limited in their expansion as provided in this article.

C. Complete Reconstruction of Damaged Noncomplying Buildings/Structures Due to Fire or Calamity. A nonconforming building/structure damaged by fire or calamity may be reconstructed. If the building/structure is reconstructed, it shall have the same or greater setback, but no greater floor area, footprint, land coverage or an increase in units of use than it had prior to being damaged, provided the building/structure is compatible with the surrounding uses and is not detrimental to the adjacent properties as determined by staff. Examples of detrimental effects include the building/structure being within three feet of the property lines restricting fire access, light or air and the building/structure being considered a visual eyesore by the neighborhood. In these cases, the structure would be relocated to meet or exceed the light, air, fire access or redesigned so as not to be a visual eyesore or not rebuilt. Staff shall have the ability to condition the reconstruction to meet the intent of this section including compliance with the city design review guidelines.

D. Maintenance and Repairs to Noncomplying Buildings/Structures. Maintenance and repairs may be made to any nonconforming building/structure for any use; provided, it shall have the same or greater setback, but no greater floor area, land coverage or units of use, than it had prior to being repaired. (Ord. 406 § 1; Ord. 824 § 1; Ord. 902. Code 1997 § 32-36)

6.55.410 Density.

Existing density that does not comply with the limits prescribed in this chapter is considered to be nonconforming, and may be continued. The building(s) housing the nonconforming density may be reconstructed provided the density is not increased. (Ord. 824 § 1; Ord. 902. Code 1997 § 32-37)

6.55.420 Land coverage.

Existing land coverage that does not comply with the limits prescribed in the TRPA Code, Chapter 20, may be continued provided the findings of 20.5.C of the TRPA Code, are met. (Ord. 824 § 1; Ord. 902. Code 1997 § 32-38)

6.55.430 Height.

When a building or structure is:

A. Being reconstructed, or a new addition is being constructed, the building, structure or addition shall comply with the height standards contained in Chapter 22 (TRPA Code).

B. Being maintained and repaired, the existing nonconforming height may be continued provided it complies with Chapter 22 (TRPA Code).

C. Being reconstructed as a result of a fire or calamity, the existing nonconforming height, may be continued provided it complies with Chapter 22 (TRPA Code). (Ord. 824 § 1; Ord. 902. Code 1997 § 32-39)

6.55.440 Structural alterations.

No persons shall make structural alterations in a building containing one or more nonconforming uses except when made in order to comply with the requirements of law, or in order to accommodate a conforming use. No building permit for structural alterations in such a building shall be issued until a use permit shall have been obtained. (Ord. 406 § 1; Ord. 902. Code 1997 § 32-40)

6.55.450 Discontinuance or abandonment of nonconforming uses.

A. On vacant land or any land where the value of the improvement does not exceed $1,000, when all nonconforming commercial or industrial uses are discontinued or abandoned for six months or more, any subsequent uses of such land or improvements must be conforming.

B. Where all nonconforming uses of a building originally designed or built for commercial or industrial purposes are discontinued for 12 months or more, any subsequent uses of such building must be conforming.

C. Subject to the provisions of subsections (A) and (B) of this section, a nonconforming use of a building or premises may be changed to another use of the same or more restricted classification; except, that, when a nonconforming use is replaced by a conforming use, that area so replaced shall remain conforming. (Ord. 406 § 1; Ord. 902. Code 1997 § 32-41)

6.55.460 Residential buildings in residential zones – Re-establishment or change of nonconforming uses prohibited.

Notwithstanding the provisions of SLTCC 6.55.450, in a building originally designed and built for residential use and located in any residential zone, any discontinued or abandoned nonconforming use shall not be re-established and shall not be replaced except by a conforming use. (Ord. 406 § 1; Ord. 902. Code 1997 § 32-42)

6.55.470 Reconstruction of damaged buildings containing nonconforming uses.

A nonconforming building or structure, or any building or structure devoted to a nonconforming use, damaged by fire or calamity may not be reconstructed other than in accordance with the provisions of this chapter unless the cost of reconstruction does not exceed 50 percent of the replacement cost of such building or structure prior to the damage having occurred. Where reconstruction is permissible, the building as reconstructed shall have no greater floor area than it had prior to being damaged. (Ord. 406 § 1; Ord. 902. Code 1997 § 32-43)

6.55.480 Replacement of damaged or destroyed noncomplying buildings – Repair of existing uses and structures.

Ordinary maintenance and repairs may be made to any nonconforming building or structure for any use; provided, that no structural alterations are made and that the cost of such work does not exceed 20 percent of the replacement value of such building or structure in any one year. (Ord. 406 § 1; Ord. 902. Code 1997 § 32-45)

6.55.490 Determination of amount of damage or destruction.

The amount of destruction of a building shall be determined by the ratio which the cost of reconstructing the damaged or destroyed portions of the building bears to the full cash value. In determining the ratio, the value of the land shall be excluded. (Ord. 406 § 1; Ord. 902. Code 1997 § 32-46)

6.55.500 Determination of age of building.

The age of a building shall be computed from the recorded date of its completion, if available; otherwise, such date shall be deemed to be one year subsequent to the date of issuance of the building permit. If no building permit records are available with respect to a building, its age shall be computed from January 1, 1958. In any case, when, in a single construction, an addition to a building was commenced prior to January 1, 1969, which had at the time of its completion a value in excess of 75 percent of the full cash value of the original building or which increased the bulk or floor area of the original building by more than 75 percent, the age of the building shall be computed from the recorded date of completion of such addition, if available; otherwise, such date shall be deemed to be one year subsequent to the date of issuance of the building permit for such addition. (Ord. 406 § 1; Ord. 902. Code 1997 § 32-47)

6.55.510 Effect of article on other provisions of code, etc.

Nothing in this article shall be construed as repealing, abrogating, superseding or modifying any provision of this code, or of the law relating to requirements for construction, maintenance, repair, demolition or removal of buildings. (Ord. 406 § 1; Ord. 902. Code 1997 § 32-49)

Article VI. Revocation of Permits

6.55.520 Applicability of article.

The provisions of this article shall apply to all use permits or zoning variances granted by the planning commission or zoning administrator or by the city council after appeal from the planning commission, pursuant to any provisions of this code. (Ord. 406 § 1; Ord. 902. Code 1997 § 32-50)

6.55.530 Periodic review by code enforcement officer.

The code enforcement officer shall periodically review all use permits or variances, hereinafter designated as permits, to determine whether all conditions of such permits have been complied with and whether any use is being made of the property in violation of the terms or conditions of the permit. (Ord. 902. Code 1997 § 32-51)

6.55.540 Review by code enforcement officer upon complaint.

The code enforcement officer shall review all complaints by citizens or city officials to determine whether a violation of any term or condition of a permit exists. (Ord. 902. Code 1997 § 32-52)

6.55.550 Notice of violation – Service on owner.

If the code enforcement officer determines that a use is being made of a property in violation of the terms or conditions of a permit, he shall cause a written notice of such violation to be served upon the owner of such property by certified mail, using the owner’s name and address from the last equalized assessment roll of the county. If the name of the holder of a permit is different from that shown on the last equalized assessment roll, a copy of such notice shall be sent to the name and address shown on the application for such permit. One copy of such notice shall be posted upon the property within five days of such mailing. (Ord. 902. Code 1997 § 32-53)

6.55.560 Notice of violation – Contents.

The notice required by SLTCC 6.55.550 shall read substantially as follows:

Notice to Owner or Permit Holder of Violation in Use of Property

To (insert name of owner and/or permit holder)

You are hereby notified that a violation of the terms and conditions of the (use permit) (zoning variance) No. ____ issued on ____________, 20__, exists on the real property located in the City of South Lake Tahoe, County of Dorado, State of California, described as:

(Insert legal description)

also described as El Dorado County Assessor’s Parcel No(s). _______________________.

The violation consists of the following:

(Insert detailed description)

You are further notified that, unless you correct said conditions and receive a certificate of correction from the Code Enforcement Officer, or request a hearing before the Planning Commission of the City of South Lake Tahoe within 30 days from the date of mailing of this notice, Use Permit (or Zoning Variance) No. ____ will be revoked and all improvements placed upon said property in reliance upon this Use Permit (or Zoning Variance) will be unlawful upon the property and will have to be removed.

Dated: _____________, 20__.

(signature)________

Code Enforcement Officer

(Ord. 406 § 1; Ord. 902. Code 1997 § 32-54)

6.55.570 Correction of conditions.

The owner or permit holder shall have the right to correct any conditions defects that may be corrected within 30 days and receive from the code enforcement officer a certificate of correction, and thereafter the notice of violation shall be of no force or effect. (Ord. 902. Code 1997 § 32-55)

6.55.580 Request for hearing.

The owner or permit holder may appeal to the planning commission from an enforcement certificate of correction pursuant to Chapter 2.35 SLTCC. Upon the timely filing of an appeal, the procedures set forth in SLTCC 6.55.640 for use permits and variances shall be followed.

A. The planning commission shall first determine whether or not violation of the terms or conditions of the permit exist. If it is determined that no violations exist, the notice of violation shall be ordered set aside.

B. If it is determined that one or more violations do exist, the planning commission may take any one or more of the following actions:

1. Order the permit revoked.

2. Grant a period of time to be determined by the commission for the correction of defects.

3. Impose additional different conditions upon the permit.

4. Remove conditions imposed upon the permit. (Ord. 902; Ord. 1105 § 1 (Exh. B). Code 1997 § 32-56)

6.55.590 Appeal planning commission decision.

The decision of the planning commission on a revocation hearing may be appealed by any person directly and adversely affected by the decision, in accordance with the procedures set forth in Chapter 2.35 SLTCC and SLTCC 6.55.640. (Ord. 902; Ord. 1105 § 1 (Exh. B). Code 1997 § 32-57)

6.55.600 Failure to correct violation or request hearing.

If the owner or permit holder does not either:

A. Receive a certificate of correction from the code enforcement officer; or

B. Request a hearing before the planning commission;

within 30 days after the date of mailing of the notice as set forth in SLTCC 6.55.560, the use permit or zoning variance referred to in such notice is revoked and is of no further force and effect. (Ord. 902. Code 1997 § 32-58)

6.55.610 Effect of revocation.

Revocation of a permit shall make it unlawful for any use to be made of the property which is not in conformity with the law applicable thereto, and any improvements located upon the property which are not in conformity with existing zoning are hereby declared to be a nuisance. (Ord. 902. Code 1997 § 32-59)

Article VII. Use Permits and Variances

6.55.620 Granting of use permits.

A. Authority. The zoning administrator or the planning commission may, with the procedure specified in SLTCC 6.55.640, grant a use permit to authorize a special use and structure devoted to such use, on a specific parcel within a plan area; provided, that such use is allowed by use permit.

B. Required Findings. The zoning administrator or the planning commission may grant a use permit; provided, that it is found that the use applied for is:

1. Necessary or desirable on a specific parcel;

2. Not injurious to the neighborhood;

3. Consistent with the intent of this chapter; and

4. Consistent with the permitted uses in such plan area. (Ord. 902. Code 1997 § 32-60)

6.55.630 Granting of variance.

A. Authority. The zoning administrator (see also SLTCC 6.55.170(F)) or the planning commission may, in accordance with the procedure specified in SLTCC 6.55.640, grant a variance to authorize a specific exception to any regulation of this chapter, excluding any regulation within a plan area statement.

The zoning administrator may vary setback requirements for buildings, structures, residential driveways, parking pads or fences to a degree not to exceed 50 percent of the required setback, without a public notice or hearing. To vary the setback, the zoning administrator shall make the required variance findings as required by subsection (B) of this section.

B. Required Findings. The zoning administrator or the planning commission, upon request, may grant a variance; provided, that it is found that, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the regulation deprives such property of privileges enjoyed by other property in the vicinity and under identical plan area.

Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same plan area in which such property is situated.

C. No New Use by Variance. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits. (Ord. 902; Ord. 1064 § 1 (Exh. A). Code 1997 § 32-61)

6.55.640 Procedure to grant use permits and variances.

The granting of use permits and variances shall be in accordance the following procedures:

A. Application. Application for a variance or use permit shall be filed with the planning division on a form furnished by the division, accompanied by a site plan and the required filing fee.

When the applicant is not the owner of the property, the written authorization of the owner shall accompany the application. In lieu of the written authorization of a property owner, a public utility or public agency having the power of eminent domain may accompany an application with a declaration of intent to acquire the subject property or an interest in the subject property, by negotiation or condemnation, with proof that notice of such intent has been served upon the property owner.

The application shall not be accepted for filing by the division unless it conforms to the filing requirements established by the planning commission.

B. Notice Required. The zoning administrator shall give notice of application and hearing, not less than 10 days prior to the date of the hearing, in each of the following manners:

1. By publishing a copy of such notice one time in the official city newspaper.

2. By mailing a copy of such notice on a postcard to all property owners whose property is adjacent to any one or more of the parcels of property for which the use permit or variance is sought, using the ownerships’ names and addresses from the last equalized assessment roll of the county. For the purposes of determining adjacent parcels of property, public streets and rights-of-way shall be ignored and parcels shall be deemed adjacent if they have any point of their boundaries in common.

C. Form of Notice. The notice shall state the name of the applicant, the location of the property, the use or exception applied for and the time and place of the hearing. The failure of any property owner to receive notice shall not invalidate the proceedings. If the hearing is continued by the zoning administrator or the planning commission, and the time and place announced publicly at the time of adjournment of the hearing, no further notice is required.

D. Hearing. Within 40 days after the filing of an application with the planning division, the zoning administrator may hold a public hearing on the application or establish a public hearing before the planning commission at a regular or special meeting of the commission. Failure of the zoning administrator or the commission to make a decision on any application within 30 days after the hearing shall constitute a denial of the permit, without prejudice, and the zoning administrator shall certify such denial.

E. Conditions of Authorization. The zoning administrator or the planning commission may attach such terms or conditions to the granting of a variance or use permit as may be deemed necessary. A condition requiring periodic review of permits may be imposed and, upon such review, conditions may be added, deleted or modified, or the permit may be revoked. Except as provided herein, revisions to the terms or conditions of a granted variance or use permit shall require a new application.

F. Term of Authorization. Each variance and use permit granted by the zoning administrator or the planning commission shall expire and become null and void one year after the date of granting, unless such variance or use permit is utilized prior to the date of expiration. For good cause shown, the authority granting the variance or permit may extend any authorization for a variance or use permit for additional periods not to exceed an aggregate of one year in all.

G. Term of Use Permit or Variance. Each variance or use permit granted and utilized shall be valid for a period not to exceed the term specified by the granting authority. If a term is not so specified, such permit shall be valid until terminated or revoked. Each such use permit or variance granted and utilized shall run with the land, shall apply to the parcel specified in such use permit or variance, regardless of any change of ownership but may not be transferred to another parcel.

H. Effective Date of Authorization. Each use permit or variance granted shall become effective and be issued no sooner than five business days after the date of the granting of such use permit or variance. If, prior to the expiration of such five-day period, an appeal is filed, the use permit or variance shall not be issued until the granting of the use permit or variance is affirmed on appeal.

I. Reapplication Limitation. No application shall be reconsidered and no new application shall be considered by the zoning administrator or the planning commission for the same or a substantially similar use or variance upon the same property, whether by the same applicant or by some other person, previously acted upon by the commission within one year after the date of such action, unless the zoning administrator or the commission established that there has been a substantial change in the circumstances under consideration in the original proceedings or the original application was denied without prejudice. (Ord. 406 § 1; Ord. 902. Code 1997 § 32-62)

Article VIII. Fee Schedule

6.55.650 Fee schedule.

By resolution, the city council will adopt a planning division fee schedule, which will be updated from time to time. (Ord. 902. Code 1997 § 32-63)

Article IX. Transfer of Land Use Commodities

6.55.660 Program purpose and intent, description and goals.

A. Purpose and Intent. The provisions of this article set forth the requirements for regulating the transfer of land use commodities outside the city limits in conjunction with other provisions of this city code, the city’s general plan, community plans and plan area statements. This article regulates, in an orderly fashion, growth and development within the city limits. The overriding purpose is to prohibit the transfer of tourist accommodation units and commercial floor area outside the city limits without the city receiving a benefit (i) economically, (ii) socially, and/or (iii) environmentally. The approval of the transfer of a land use commodity does not give the recipient thereof a right to develop a project.

B. Applicability. No person shall construct a project or commence a use or activity which requires a transfer of land use commodities outside the city limits unless (a) approval of the transfer is obtained in accordance with this chapter; (b) the parcel the land use commodities are being transferred to is eligible to use the land use commodity; and (c) the project, if any, on the sending parcel is approved by the city. The council may in its sole discretion approve, approve with conditions or deny the transfer of land use commodities outside the city limits.

C. Description.

1. The transfer of land use commodities is a market-driven program involving willing sellers and willing buyers. The Tahoe Regional Planning Agency (TRPA) regulates the rate and timing of growth by, among other means, creating land use commodities in the Lake Tahoe Basin. Such commodities include: commercial floor area (CFA), tourist accommodation units (TAUs), residential development rights (RDRs) and residential units of use (RUU). Each is required for some aspect of the development of residential, commercial, industrial, public service facilities and tourist properties and the commodities can be transferred by private and public buyers.

2. In developing this article, the city council has reviewed the transferability of land use commodities outside the city limits to develop appropriate standards, criteria, and land uses that reflect the long range needs of the city in light of current and future development, economics and environmental standards and to ensure that proper standards are crafted and adopted to address in particular the development and maintenance of TAUs and CFA. The transfer of additional TAUs and CFA outside the city limits will have a significant impact on the ability of the city to implement the goals of the general plan and the planning of the city. The goal is that prior to the transfer of CFA and TAUs outside the city limits there be specific findings made of economic, social or environmental benefits by the city council of benefit to the city.

Applicant shall fulfill the conditions of approval prior to the transfer of the TAUs or CFA or a bond or other security acceptable to the city shall be filed with the city to ensure the completion of said conditions of approval.

D. Definitions.

“City” means the city of South Lake Tahoe.

“City council” or “council” means the governing body of the city.

“Commercial floor area (CFA)” consists of the right to construct or retain built commercial square footage as authorized in Chapter 18, Table of Primary Uses, of the TRPA Code of Ordinances.

“Land use commodities” means tourist accommodation units, commercial floor areas, residential development rights and residential units of use as defined herein and by the TRPA Code of Ordinances.

“Receiving parcel” means a parcel outside city limits within the Tahoe Basin region that receives a land use commodity from the sending parcel.

“Residential development right (RDR)” means the right to develop a residential use which is attached to certain parcels in the Tahoe Basin region in accordance with Section 21.6 of the TRPA Code of Ordinances.

“Residential units of use (RUU)” represent legally existing residential units, as verified by TRPA.

“Sending parcel” means the parcel or property within the city limits that is transferring the land use commodity outside the city to another area in the Tahoe Basin region.

“Tahoe Basin region” or “region” includes Lake Tahoe, the adjacent parts of Douglas and Washoe Counties and Carson City, which for the purposes of the compact shall be deemed a county, lying within the Tahoe Basin in the state of Nevada and the adjacent parts of the counties of Placer and El Dorado (including but not limited to the city of South Lake Tahoe) lying within the Tahoe Basin in the state of California, and that additional adjacent part of the county of Placer outside of the Tahoe Basin in the state of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of section 1, thence west to the northwest corner of section 3, thence south to the intersection of the basin crestline and the west boundary of section 10; all sections referring to township 15 north, range 16 east, M.D.B. & M. (Tahoe Regional Plan Compact).

“Tahoe Regional Planning Agency (TRPA)” means the bi-state (California and Nevada) agency created by the Tahoe Regional Planning Compact by the United States, and as may be amended from time to time.

“Tourist accommodation units (TAU)” means one bedroom, or a group of two or more rooms with a bedroom, with or without cooking facilities, primarily designed to be rented by the day or week and occupied on a temporary basis, as defined in the TRPA Code of Ordinances. (Ord. 1013 § 1. Code 1997 § 32-64)

6.55.670 Transfer of tourist accommodation units and commercial floor areas outside city limits.

1. Commercial Floor Area (CFA) Transfers.

a. Transfers of CFA from within the city limits to outside the city limits may be approved by city council if the council finds the transfer of CFA will benefit the city (i) economically, (ii) socially, and/or (iii) environmentally. The benefits to the city may include, but are not limited to, the payment of a mitigation fee to the city, environmental benefits to sensitive lands and providing low and moderate income housing. In addition, all transfers shall be conditioned on the development or redevelopment of the sending parcel or the restoration of the sending parcel to its natural condition.

b. The council in making its findings on the benefit to the city of transferring CFA outside the city limits shall consider, but is not limited to, the following:

i. The offset of lost tax opportunity of sales taxes, property taxes and tax increment (as applicable) for at least the next 30 years.

ii. In determining a mitigation fee, the council shall consider the impact of the receiving parcel’s development on the city’s economy, including impacts on businesses and jobs in the city.

iii. If the sending parcel transferring the CFAs is located in a redevelopment plan area.

iv. Whether the sending parcel contains environmentally sensitive land that the city desires to preserve.

v. The social benefits including the provision of low and moderate income housing, infill projects, priority to services and transit, environmental and sustainable buildings and other social benefits to the community.

vi. The transfer of CFA must be found to be consistent with the goals and policies of the city’s adopted general plan.

2. Tourist Accommodation Unit (TAU) Transfers.

a. Transfers of TAUs from within the city limits to outside the city limits may be approved by the city council if the council finds the transfer of TAUs will benefit the city (i) economically, (ii) socially, and/or (iii) environmentally. The benefits to the city may include, but are not limited to, the payment of a mitigation fee to the city, environmental benefits to sensitive lands and providing low and moderate income housing. In addition, all transfers shall be conditioned on the development or redevelopment of the sending parcel or the restoration of the sending parcel to its natural condition.

b. The council in making its findings on the benefit to the city of transferring TAUs outside the city limits shall consider, but is not limited to, the following:

i. The offset of lost tax opportunity of transit occupancy taxes, sales taxes and property taxes for at least the next 30 years.

ii. In determining a mitigation fee, the council shall consider the impact of the receiving parcel’s development on the city’s economy, including impacts on city businesses, hotels and motels, housing and jobs in the city.

iii. If the sending parcel transferring the TAUs is located in a redevelopment plan area.

iv. Whether the sending parcel contains environmentally sensitive land that the city desires to preserve.

v. The social benefits including the provision of low and moderate income housing, infill projects, priority to services and transit, environmental and sustainable buildings and other social benefits to the community.

vi. The transfer of TAUs must be found to be consistent with the goals and policies of the city’s adopted general plan. (Ord. 1013 § 1. Code 1997 § 32-65)

6.55.680 Restrictions on all transfer of land use commodities outside the city limits.

All transfers of land use commodities outside the city limits are subject to the following conditions and shall not be finalized until the applicant demonstrates the following:

a. Prior to the transfer of any TAUs or CFA outside the city limits, approvals shall be issued by the city for the sending parcel to be developed or redeveloped or the restoration of the sending parcel to its natural condition and/or any other projects conditioned by the transfer.

b. If the transfer of TAUs or CFA to the receiving parcel has not been completed within 36 months of city approval, the transfer shall be void. The applicant may request one 12-month extension from the city council.

c. Any and all conditions of approval, imposed by the council for the transfer shall be complied with prior to the transfer of the TAUs and/or CFA to the receiving parcel. In lieu of complying with the conditions of approval, the council may, in its sole discretion, allow the applicant to submit an adequate surety, performance bond or other financial security acceptable to the city, to secure the completion of the conditions of approvals. (Ord. 1013 § 1. Code 1997 § 32-66)

6.55.690 Restrictions on transfer of residential development rights and residential units of use.

RDRs and RUU may be transferred outside the city limits subject to approval of city council. The city council may require a fee in its sole discretion for the transfer in order to offset the loss of property tax revenue. (Ord. 1056 § 1 (Exh. A); Ord. 1013 § 1. Code 1997 § 32-67)

Article X. Cannabis Regulations

6.55.700 Purpose and intent.

It is the purpose and intent of this article to regulate the cultivation, manufacturing, testing, and sales of medical and adult-use cannabis in order to ensure the health, safety, and welfare of the residents of the city of South Lake Tahoe. The regulations in this article are meant to ensure compliance with the state cannabis laws and are not intended to and do not interfere with a patient’s right to use medical cannabis as authorized by the state cannabis laws. Nor do these regulations criminalize the possession or cultivation of cannabis for medical or nonmedical purposes as permitted by the state cannabis laws. Cannabis businesses within the city must comply with all provisions of the city code for obtaining permits for a cannabis business and must comply with the state cannabis laws and all other applicable local and state laws. (Ord. 1126 § 1)

6.55.710 Definitions.

For the purposes of this article, the following words and phrases shall have the following meanings:

“Applicant” means any person who is required to file an application for a cannabis use permit and development agreement to operate a cannabis business under this article, including without limitation an individual owner, operator, or agent of a cannabis business.

“Cannabis” shall have the meaning set forth in Section 26001(e) of the Business and Professions Code and as subsequently amended.

“Cannabis business” shall include:

a. Any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity takes place.

b. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license under Business and Professions Code Section 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis manufacture, cannabis testing and cannabis retail sales, and the operation of a cannabis microbusiness.

“Cannabis product” shall have the same meaning as in Section 11018.1 of the Health and Safety Code.

“Canopy” means all areas occupied by any portion of a cannabis plant, encompassing all vertical planes (i.e., stacking of plants), whether contiguous or noncontiguous on any one site. The canopy shall be measured by taking the longest length and widest width of existing plants (including all gaps, walkways, and open areas between plants) and multiplying the longest length by the longest width to get the area of the cannabis canopy. Each level of a stacked cultivation will be calculated as a separate canopy.

“Commercial cannabis activity” shall include the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or acting as a cannabis event organizer for temporary cannabis events.

“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

“Cultivator” means any cannabis business engaged in cultivation activities, but specifically excluding cultivation in a private residence or accessory dwelling unit authorized pursuant to SLTCC 6.55.720.

“Day care center” shall have that meaning as set forth in Section 1596.76 of the Health and Safety Code.

“Delivery” means the commercial transfer of cannabis or cannabis products to a customer or patient. “Delivery” also includes the use by a retailer of any technology platform.

“Delivery operation” means a cannabis business that engages in or otherwise provides deliveries.

“Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.

“Distributor” means any cannabis business engaged in distribution.

“Drug paraphernalia” shall have the meaning set forth in California Health and Safety Code Section 11014.5, and as subsequently amended.

“Edible cannabis product” means cannabis that is intended to be used, in whole or in part, for human consumption.

“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.

“Identification card” shall have the meaning set forth in California Health and Safety Code Section 11362.712, and as may be amended from time to time.

“Manufacture” means to compound, blend, extract, infuse, package, label, or otherwise make or prepare a cannabis product.

“Manufacturer” means any cannabis business that conducts any activities involving the manufacture of a cannabis product.

“Medical marijuana dispensary” shall mean a cooperative or collective of four or more members associating at a particular location or real property to cooperatively distribute cannabis to members for medical purposes and that operates on a not-for-profit basis.

“Medicinal cannabis” or “medicinal cannabis product” shall have the meaning set forth in California Business and Professions Code Section 26001(ai), which includes cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses a physician’s recommendation.

“Microbusiness” means a cannabis business that engages in commercial cannabis activities of at least three of the following types of cannabis businesses: retailer, distributor, manufacturer, cultivator.

“Operator” shall mean any person responsible for management of the cannabis business; any person listed as an officer, director, manager, or member in the Statement of Information filed with the Secretary of State for a cannabis business; any person listed in a governing document for a cannabis business, such as bylaws, articles of incorporation, or operating agreement; any person owning an interest in the cannabis business, unless the interest is solely a security, lien, or encumbrance; and any person that supervises an employee of the cannabis business.

“Owner” shall have that meaning set forth in Section 26001(am) of the Business and Professions Code and as it may be amended.

“Package” or “packaging” means any container or wrapper that may be used for enclosing or containing any cannabis products. The term “package” does not include any shipping container or outer wrapping used solely for the transportation of cannabis products in bulk quantity to another licensee or licensed premises.

“Park” shall mean any land, with public access, intended to provide recreation. For the purposes of this article, “park” also includes public beaches.

“Permittee” shall mean any person issued a cannabis use permit under this article.

“Physician” shall mean a licensed medical doctor, including a doctor of osteopathic medicine as defined in the California Business and Professions Code.

“Property” shall mean the designated structure or structures and land specified in the cannabis use permit application that is owned, leased or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted.

“Retailer” means any cannabis business that engages in the sale of cannabis or cannabis products to customers, including medical and adult-use cannabis or cannabis products.

“School” means any public or private school providing instruction in kindergarten or any of grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.

“State cannabis laws” means and includes California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program); California Business and Professions Code Section 26000 et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted by the Department of Cannabis Control; any license issued by the Department of Cannabis Control; and all other applicable laws of the state of California regulating cannabis or cannabis products.

“Testing laboratory” means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products.

“Youth centers” shall mean any youth center, as defined in Section 11353.1(e)(2) of the Health and Safety Code, any playground, as defined in Section 11353.1(e)(1) of the Health and Safety Code, and any child day care facility, as that term is defined in Section 1596.750 of the Health and Safety Code. (Ord. 1126 § 1; Ord. 1161 § 1)

6.55.720 Residential cultivation of cannabis.

A. No person or entity may cultivate cannabis in any residence in the city, except that a person may cultivate no more than six living cannabis plants inside his or her private residence or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry; provided, that the owner of the property provides written consent expressly allowing the cannabis cultivation to occur, there is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation, and the cultivation complies with Health and Safety Code Section 11362.2(a)(3), as it may be amended.

B. Amortization of Existing Residential Cultivation Permits. All residential cultivation permits previously issued by the city are hereby deemed amortized and are null and void.

C. No Vested Rights. No person(s) shall have any vested rights to any permit, right or interest under this article, regardless of whether such person(s) cultivated cannabis prior to adoption of the ordinance codified in this article.

D. Public Nuisances. Cultivation shall not create a public nuisance and adversely affect the health or safety of persons residing in or near the residence where the cultivation occurs. A public nuisance may be deemed to exist if cultivation produces:

1. Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby properties or areas open to the public;

2. More than three substantiated responses to valid confirmed complaints in a one-year time period to the residence from law enforcement officers;

3. More than three disruptions in a one-year time period to the free passage of persons or vehicles in the neighborhood;

4. Excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby properties or areas open to the public in accordance with SLTCC 4.70.160;

5. Adverse effects to health or safety through creation of mold, mildew, dust, glare, heat, noise, noxious gases, odor, smoke, traffic, parking, vibration, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes.

E. Environment. Runoff and waste disposal by the residence where cultivation occurs must be in compliance with any applicable city, county, regional, state, and federal laws and regulations. A violation of any applicable city, county, regional, state, or federal law will be deemed a violation of this article.

F. Cultivation of cannabis in residences shall be in conformance with the following requirements:

1. Cultivation shall only occur in fully enclosed and secure structures. All outdoor cultivation of cannabis is strictly prohibited.

2. Cultivation shall only occur in residences which are in full compliance with the city code, including the building code and fire code.

3. No cooking, baking, or alteration as to form and substance of cannabis for commercial purposes, and/or sale, is permitted in a residence which cultivates cannabis.

4. From a public right-of-way, there shall be no exterior evidence of cannabis cultivation occurring at the residence. (Ord. 1126 § 1)

6.55.730 Cannabis businesses – Use permit, development agreement, and public safety license required.

It shall be unlawful for any person to engage in, to conduct or carry on (or to permit to be engaged in, conducted or carried on) in or upon property located within the city, the operation of a cannabis business unless that person has first obtained and continues to maintain in full force and effect: a valid cannabis use permit issued by the city for that property, a development agreement with the city for use of the property as a cannabis business, and a valid cannabis public safety license issued by the city to the owner and/or operator of the cannabis business, pursuant to Chapter 4.180 SLTCC. (Ord. 1126 § 1)

6.55.740 Cannabis businesses – General provisions.

A. Cannabis Businesses Allowed.

1. Only those types of cannabis businesses set forth in this section shall be allowed within the city:

a. Retailers.

b. Microbusinesses.

c. Testing labs.

d. Cultivators.

e. Manufacturers.

f. Distributors.

g. Delivery operations.

h. Existing permitted medical marijuana dispensaries, subject to SLTCC 6.55.840.

Any and all cannabis businesses, activities, nonprofits, associations, enterprises, collectives, cooperatives or dispensaries not expressly described herein are expressly prohibited. Temporary cannabis events are prohibited within the city.

2. No more than one cannabis business may exist in the same suite or unit on a lot or parcel of property.

3. An owner and/or operator of a cannabis business may not own or operate more than one retail cannabis business, including a microbusiness with a retailer component, within the city.

4. No more than four retailers are permitted in the city, including microbusinesses with a retailer component.

5. No more than two microbusinesses are permitted in the city, unless after the application period referenced in SLTCC 6.55.750(C) there are open permits for retailers, cultivators, manufacturers, or distributors, in which case the city council may adopt a resolution to reopen the application period to allow additional microbusinesses combining the open permit types.

6. No more than two cultivators are permitted in the city.

7. No more than four manufacturers are permitted in the city.

8. Distributors are permitted in the city only as part of a microbusiness, unless one or more of the permitted microbusinesses do not include a distributor component, in which case a distributor shall be permitted for each microbusiness without a distributor component.

9. Medical marijuana dispensaries operating under SLTCC 6.55.840 shall not be considered in determining the number of retailers, microbusinesses, manufacturers, distributors, or cultivators allowed under subsections (A)(4) through (A)(8) of this section. The maximum number of cannabis businesses permitted under the numerical limitations set forth in subsections (A)(4) through (A)(8) of this section are in addition to any medical marijuana dispensaries operating under SLTCC 6.55.840.

B. Limitations on Location.

1. Permissible Zoning. Subject to limitations described in this article and other parts of SLTCC Title 6, and applicable regulations of the Tahoe Regional Planning Agency, cannabis businesses may operate only in a location where such land use will be consistent with the land uses authorized under the applicable area plan, plan area statement, and/or community plan for such location. Table 6.55.740 sets forth the applicable permissible use categories for each type of cannabis business.

Table 6.55.740

City Cannabis Business Type

TRPA Permissible Use Categories

a. Retailers (including delivery operations)

“food and beverage retail sales” and “general merchandise stores”

b. Microbusinesses

 

i. Retailer

See a.

ii. Distributor

See f.

iii. Manufacturer

See e.

iv. Cultivator

See d.

c. Testing labs

“industrial services”

d. Cultivators

“industrial services”

e. Manufacturers

“food and kindred products” and “small scale manufacturing”*

f. Distributors

“wholesale and distribution”

* The applicable TRPA permissible use category for a manufacturer will depend on the type of cannabis product being manufactured.

2. Areas and Zones Where Cannabis Businesses Are Not Permitted.

a. Notwithstanding subsection (B)(1) of this section, a cannabis business may not operate on a parcel or lot located within 1,000 feet of a school, or 600 feet of a youth center, or 600 feet of a day care center, or 150 feet of any park, any religious institution, any residential or outpatient drug or alcohol treatment facility licensed by the State Department of Health Care Services, or hospital, that is in existence at the time the cannabis use permit is issued.

Distances under this subsection shall be calculated as a straight line from any parcel line of the property on which the cannabis business is located to the parcel line of the real property on which the facility, building, or structure, or portion of the facility, building or structure, in which the listed use occurs or is located. Locational restrictions shall apply to an entire parcel if any portion of the parcel is located within the applicable buffer distance.

b. Cannabis businesses may not operate on a parcel or lot located within a residential designated land use area, as depicted in the city’s general plan.

C. Transfer of Cannabis Use Permits.

1. Permit – Site Specific. A permittee shall not operate a cannabis business under the authority of a cannabis use permit at any place other than the parcel and specified address of the cannabis business stated in the application for the permit. All permits issued by the city pursuant to this article shall be nontransferable to a different location.

2. Transfer of a Permitted Cannabis Business. A permittee shall not transfer ownership or control of a cannabis business or attempt to transfer a cannabis use permit to another person unless and until the transferee obtains an amendment to the cannabis use permit from the planning commission to the permitting requirements of this article stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the development services department in accordance with all provisions of this article accompanied by the required transfer review application deposit.

3. Request for Transfer with a Revocation or Suspension Pending. No cannabis use permit may be transferred (and no permission for a transfer may be issued) when the development services department has notified the permittee in writing that the permit has been or may be suspended or revoked for noncompliance with this chapter and a notice of such suspension or revocation has been provided.

4. Transfer without Permission. Any attempt to transfer a cannabis use permit either directly or indirectly in violation of this chapter is declared void, and the permit shall be deemed revoked. (Ord. 1126 § 1; Ord. 1161 § 2)

6.55.750 Cannabis use permit application requirements.

A. Cannabis Public Safety License. Applicants seeking a cannabis use permit and development agreement to operate a cannabis business within the city shall first submit an application for a cannabis public safety license. Upon the chief of police’s, or his/her designee’s, approval of the application for a cannabis public safety license, the applicant may submit an application for a cannabis use permit and development agreement to operate a cannabis business.

B. Except as set forth in this article, applications for cannabis use permits shall be processed consistent with Article VII (Use Permits and Variances). The city manager, or his/her designee, may recommend, and the city council may establish by resolution, any necessary procedures and application requirements.

C. Use Permits for Retailers, Cultivators, Manufacturers, Distributors, and Microbusinesses. Because only a limited number of retailers, cultivators, manufacturers, distributors, and microbusinesses are permitted, an application period for these businesses shall be established that allows the city to select the best applicants for negotiation of a development agreement. Such applicants shall be placed on a qualified applicant list. The process and selection criteria for selection of the best applicants to be placed on the qualified applicant list shall be established by resolution of the city council.

D. Applications shall include a requirement that applicants demonstrate owner consent to operate a cannabis business on the property. Applications for cannabis retailers shall also include a statement as to whether the use will include delivery of cannabis and cannabis products to locations outside the retailer’s property. If delivery services will be provided, the application shall describe the operational plan and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in this article and state law.

E. Site Plan. Applicants shall submit a site plan that shall include a floor plan, and a scaled premises diagram showing the boundaries of the cannabis business and property with all boundaries, dimensions, entrances and exits, interior partitions and walls, with labeling of each room, windows and common shared entryways. If the proposed cannabis business consists of only a portion of the property, the diagram shall be labeled indicating which part of the property is the proposed cannabis business and what the remaining property is used for.

F. Cost Recovery. Every application for a cannabis use permit shall be accompanied by a deposit (in an amount established by resolution of the city council) and the applicant shall replenish such deposit at the request of the city to allow for recovery of the city’s full cost of reviewing and issuing said permit and preparing and considering a development agreement. (Ord. 1126 § 1)

6.55.760 Review, issuance, and/or denial of cannabis use permit applications.

A. Criteria for Issuance. In addition to the required findings for issuance of a special use permit in SLTCC 6.55.620(B), the planning commission, or the city council on appeal, shall make all of the following findings in determining whether to grant, modify, or deny a cannabis use permit for any cannabis business:

1. If the cannabis business is a microbusiness, retailer, manufacturer, distributor, or cultivator, the applicant is on the qualified applicant list established and maintained by the city.

2. The cannabis use permit application is complete and the applicant has submitted all information and materials required.

3. The proposed location of the cannabis business will comply with the buffer requirements in SLTCC 6.55.740(B) and is not likely to have a potentially adverse effect on the health, peace, or safety of persons due to the proximity of the proposed cannabis business to a school, youth center, park, church, state licensed drug or alcohol treatment facility, or hospital.

4. The proposed location of the cannabis business is not likely to have a potentially adverse effect on the health, peace, or safety of persons due to the proposed cannabis business’s proximity to another existing or permitted cannabis business, and no significant nuisance issues or problems are likely or anticipated.

5. The design of the cannabis business is compatible with the city’s design guidelines.

6. The property is located on a property which is consistent with all development standards of this title.

7. The location is not prohibited under the provisions of this title or any local or state law, statute, rule, or regulation.

8. The cannabis business will not violate any provision of the SLTCC or condition imposed by a city-issued permit, or any provision of any other local or state law, regulation, or order, or any condition imposed by permits issued in compliance with those laws.

9. The site plan for the cannabis business has incorporated features necessary to assist in reducing potential nuisance and crime-related problems. These features may include, but are not limited to, procedures for allowing entry; reduction of opportunities for congregating and obstructing public ways and neighboring property; and limiting furnishings and features that encourage loitering and nuisance behavior.

B. Supplemental Findings – Cannabis Testing Laboratory. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a testing lab:

1. The owners, permittees, operators, and employees of the testing lab will not be associated with any other form of commercial cannabis activity.

2. The testing lab meets the accreditation requirements set forth in Business and Professions Code Section 26100(h) and any applicable regulations enacted by the Department of Cannabis Control.

3. The testing lab operating plan demonstrates proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.

C. Supplemental Findings – Cultivators. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a cultivator:

1. The cultivation of cannabis for commercial purposes shall only be cultivated within a fully enclosed space.

2. The cultivation of cannabis for commercial purposes shall be limited to 22,000 square feet of total canopy size per property.

3. The cultivation of cannabis will be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides.

4. The applicant for cultivation for cultivation of cannabis with a total canopy size greater than 5,000 square feet per property has submitted documentation that electrical power used for commercial cannabis activity meets the average electricity greenhouse gas emissions intensity required by the local utility provider pursuant to the California Renewables Portfolio Standard Program, and has submitted an energy efficiency plan showing measures being taken to minimize energy consumption in lighting, HVAC, and dehumidifying equipment.

D. Supplemental Findings – Manufacturers. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a manufacturer:

1. The manufacturer shall be limited to 2,500 square feet of fully enclosed space.

2. The manufacturer shall not undertake any volatile extraction activities, and shall only conduct the operations authorized under the “Type 6,” “Type N,” or “Type P” license categories, as defined in the Department of Cannabis Control regulations, Title 4 of the California Code of Regulations, Section 17006, as may be amended.

E. Criteria for Denial. The planning commission shall deny an application that meets any one of the following criteria:

1. Any supervisor, employee, or person having a 10 percent or more financial interest in the cannabis business has been convicted of a felony or a drug-related misdemeanor reclassified by Section 1170.18 of the California Penal Code (Proposition 47) within the past 10 years. A conviction within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea of nolo contendere;

2. Any person who is listed on the application or is an owner or operator, is a licensed physician making patient recommendations for medical cannabis pursuant to Section 11362.7 of the Health and Safety Code;

3. Any person who is listed on the application or is an owner or operator is less than 21 years of age;

4. The proposed cannabis business does not comply with the provisions of this article or state cannabis laws; and

5. The planning commission is unable to make a required finding contained in this section.

F. Planning Commission Determination. If the planning commission, by a majority vote of a quorum of commissioners, denies the application, the planning commission shall specify in writing the reasons for the denial of the application, and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to Chapter 2.35 SLTCC.

G. Use Permit and License Issuance. No cannabis use permit shall be issued by the city until a development agreement is approved for the operation of the cannabis business. Within 10 days after the city council’s approval of a development agreement for the operation of a cannabis business, the chief of police shall issue all permittees a cannabis public safety license, and the development services department shall issue a cannabis use permit, provided that the planning commission has made all findings required under this section.

H. Indemnification. Cannabis use permits shall contain a condition requiring the dispensary, through its management members, to execute an agreement in a form approved by the city attorney whereby the cannabis business (1) releases the city, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution of the cannabis business or its management members, employees, or members for violation of state or federal laws, (2) defends, indemnifies and holds harmless the city and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by any party arising out of the city’s decision to permit the operation of the cannabis business, and (3) defends, indemnifies and holds harmless the city and its agents, officers, elected officials, and employees for any claims, damages, or injuries of any kind brought by adjacent or nearby property owners or other third parties due to the operations at the cannabis business. (Ord. 1126 § 1; Ord. 1161 §§ 3 – 5)

6.55.770 Appeal from planning commission determination.

An applicant or any interested party who disagrees with the planning commission’s decision to issue, issue with conditions, or to deny or revoke a cannabis use permit may appeal the planning commission’s decision to the city council in accordance with the appeal provisions of Chapter 2.35 SLTCC. (Ord. 1126 § 1)

6.55.780 Suspension and revocation by planning commission.

A. Authority to Suspend or Revoke a Cannabis Use Permit. Any permit issued under the terms of this article may be suspended or revoked by the planning commission.

B. A cannabis use permit may be revoked if it appears to the planning commission that the cannabis business has violated any of the requirements of this article or the security plan required pursuant to Chapter 4.180 SLTCC, or the cannabis business is being operated in a manner which constitutes a nuisance, or the cannabis business has ceased to operate for 30 days or more, or the owner or operator of the cannabis business fails to maintain a valid and current public safety license, or the cannabis business has not entered into and/or complied with the terms of a valid development agreement, or the cannabis business is being operated in a manner which conflicts with or violates state cannabis laws.

C. Any cannabis use permit revoked pursuant to this section shall be deemed to be expired and shall no longer entitle the permittee to any uses authorized by the cannabis use permit.

D. Revocation, expiration or nullification of a cannabis public safety license pursuant to SLTCC 4.180.060 and 4.180.070, or expiration of a development agreement to operate the cannabis business, shall automatically terminate the cannabis use permit issued to the licensee and shall terminate the ability of the licensee to operate a cannabis business without initiation of revocation proceedings by the planning commission.

E. Annual Review of Cannabis Businesses. The development services department is hereby authorized to conduct an annual review of the operation of each permitted cannabis business within the city for full compliance with the operational, record-keeping, nuisance and other requirements of this article, in coordination with any other departments of the city. Each cannabis business shall pay a fee in an amount established by resolution of the city council which shall be collected in order to reimburse the city for the time involved in the annual review process, unless such fee is set forth in a development agreement approved by the city council for such cannabis business. The staff may initiate a permit suspension or revocation process for any cannabis business which, upon completion of an annual review, is found not to be in compliance with the requirements of this chapter or which is operating in a manner which constitutes a public nuisance. Staff may, based upon its annual review of the operation of a cannabis business, place on a planning commission meeting agenda, a proposal to suspend or revoke a cannabis use permit. (Ord. 1126 § 1)

6.55.790 Development agreement.

A. Prior to operating in the city and as a condition of issuance of a cannabis use permit, each cannabis business shall enter into a development agreement pursuant to Government Code Section 65864 et seq. with the city setting forth the terms and conditions under which the cannabis business will operate that are in addition to the requirements of this article, including, but not limited to, public outreach and education, community service, payment of fees and other charges as set forth in subsection (C) of this section, and such other terms and conditions that will protect and promote the public health, safety, and welfare. Further procedures and minimum standards for a development agreement may be enacted by resolution of the city council.

B. The planning commission shall make a recommendation to the city council on whether to approve a development agreement submitted to it by city staff. The city council shall make a final decision on whether to approve a development agreement recommended to the city council by the planning commission.

C. Development agreements shall include a provision requiring the payment of a public safety impact mitigation fee based on a pro-rata share of projected annual enforcement costs for cannabis businesses within the city. Additionally, applicants may provide for a community public benefit, in an amount not to exceed six percent of gross receipts received.

D. If the voters of the city of South Lake Tahoe pass a measure approving any tax on any cannabis businesses, any development agreements entered into pursuant to this section shall expire upon the expiration of the term set forth in such development agreement, and shall not be renewed. All cannabis businesses operating pursuant to a development agreement shall be subject to any applicable taxes approved by the voters. (Ord. 1126 § 1)

6.55.800 Cannabis businesses – Conditions of operation.

A. All Cannabis Businesses. All cannabis businesses shall be operated, maintained, and managed on a day-to-day basis in compliance with the following operational conditions and requirements:

1. State Licensing and Compliance with State Cannabis Laws. The city recognizes that state law requires dual licensing at the state and local level for all cannabis businesses. All operators shall therefore be required to diligently pursue and obtain a state cannabis license at such time as the state begins issuing such licenses, and shall comply at all times with all applicable state cannabis laws.

2. Cannabis Public Safety License. A cannabis business shall maintain a cannabis public safety license at all times. The failure to maintain a cannabis public safety license, revocation of a cannabis public safety license, or lapse in renewal of a cannabis public safety license shall be the basis for immediate termination of the right to operate a cannabis business under a cannabis use permit.

3. A cannabis business shall have entered into a development agreement with the city and shall comply with the terms of the development agreement at all times during operations of the cannabis business.

4. Employees. It shall be unlawful for the applicant, owner, operator, or any other person effectively in charge of any cannabis business to employ any person who is not at least 21 years of age.

5. Minors. Persons under the age of 21 years shall not be allowed on the premises of a cannabis business unless they are a qualified patient. The entrance to each cannabis business shall have, clearly and legibly posted, a notice indicating that persons under the age of 18 are prohibited from entering the premises unless they are a qualified patient and they are in the presence of their parent or guardian.

6. Every cannabis business shall display, at all times during its regular business hours, the cannabis use permit and cannabis public safety license issued for such cannabis business in a conspicuous place so that the same may be readily seen by all persons entering the cannabis business.

7. No cannabis business shall hold or maintain a license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises of the cannabis business that sells alcoholic beverages, or otherwise allow alcoholic beverages to be possessed, distributed, or consumed on the premises.

8. No cannabis business shall be a retailer of tobacco products.

9. Operation of a cannabis business shall not result in illegal redistribution or sale of cannabis obtained, or the use or distribution in any manner which violates state cannabis laws or this article.

10. Odors. All cannabis businesses shall be sited and/or operated in a manner that prevents cannabis odors from being detected off site. All structures utilized for indoor cannabis cultivation shall be equipped and/or maintained with sufficient ventilation controls (e.g., carbon scrubbers) to eliminate nuisance odor emissions from being detected off site.

11. Security. The cannabis business shall at all times comply with all elements of its security plan, submitted as a part of its cannabis public safety license application pursuant to Chapter 4.180 SLTCC.

12. Signage and Advertising. The cannabis business shall comply with all applicable provisions of Chapter 6.40 SLTCC and any applicable Tahoe Regional Planning Agency regulations. All advertising shall comply with Business and Professions Code Section 26151.

13. On-Site Consumption. On-site consumption shall be prohibited.

14. Additional Conditions. The planning commission may impose additional conditions which it deems necessary to ensure that operation of the cannabis business will be in accordance with the standards and regulations provided in this title, the standards set forth by separate resolution of the city council, and applicable state laws.

B. Supplemental Conditions – Retailers. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis retailer shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Retailers may not sell drug paraphernalia and implements that may be used to ingest or consume cannabis except where such sales and operations comply with Health and Safety Code Section 11364.5.

2. Retailers shall not be enlarged in size (i.e., increased floor area) without the planning commission’s prior review and approval and an approved amendment to the existing cannabis use permit applied for and issued pursuant to the requirements of this article.

3. Retailers shall only sell, deliver, or give away medical cannabis to individuals authorized to receive medical cannabis in accordance with state cannabis laws. Retailers of medical cannabis shall require such persons receiving medical cannabis to provide valid official identification, such as a Department of Motor Vehicles driver’s license or State Identification Card, each time he or she seeks to purchase medical cannabis.

4. Hours of Operation. Retailers may only operate during the hours between 6:00 a.m. through 10:00 p.m. The planning commission may further restrict a retailer’s days and hours of operation as a condition of a cannabis use permit. A retailer shall post its approved days and hours of operation on a sign located on the street frontage of the cannabis business in a manner consistent with the city’s sign regulations.

5. Retailers shall not have a physician on-site to evaluate patients and/or provide recommendations for the use of medical cannabis.

6. State Seller’s Permit. Retailers shall, at all times during operation, maintain a valid seller’s permit required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the California Revenue and Taxation Code.

7. Retailers shall make available lock bags on site for purchase or shall provide information on how to obtain a lock bag.

8. Cannabis and cannabis products shall only be sold as pre-packaged consumer products, and each type of product shall be pre-packaged in a uniform amount per package. Cannabis and cannabis products shall be pre-packaged for general sale and not at the request of any specific customer.

C. Supplemental Conditions – Cultivators. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis cultivation operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Outdoor commercial cultivation prohibited. The cultivation of cannabis for commercial purposes may only be cultivated within a fully enclosed space.

2. The cultivation of cannabis for commercial purposes shall be limited to 22,000 square feet of total canopy size per property.

3. The cultivation of cannabis must be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides. Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging).

4. Screening. Cannabis plants shall not be visible from any location beyond the property.

5. Cultivators shall maintain either the “Type 1A” (specialty indoor), “Type 1B” (specialty mixed-light), “Type 1C” (specialty cottage), “Type 2A” (small indoor), “Type 2B” (small mixed-light), “Type 3A” (indoor), “Type 3B” (mixed-light) or “Type 4” (nursery) licenses as defined in Business and Professions Code Section 26061, and issued by the Department of Cannabis Control, at all times of operation.

6. Cultivators may not engage in retail sales at the same property as cultivation.

D. Supplemental Conditions – Delivery Operations. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis delivery operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Delivery operations shall only be operated by a permitted cannabis retailer that has a physical location and a retail storefront in the city open to the public. A cannabis retailer shall not conduct sales exclusively by delivery.

2. Vehicles used for deliveries shall have a GPS tracker, and records shall be maintained regarding the location of all deliveries. No more than maximum of $3,000 in cash, or equivalent value of cannabis or cannabis products, may be carried at any time.

E. Supplemental Conditions – Microbusinesses. In addition to each of the conditions of operation set forth in subsection (A) of this section, each microbusiness shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Except as modified by this subsection (E), each microbusiness with a retail component shall comply with all conditions of operation set forth in subsection (B) of this section, each microbusiness with a cultivator component shall comply with all conditions of operation set forth in subsection (C) of this section, each microbusiness with a manufacturer component shall comply with all conditions of operation set forth in subsection (F) of this section, and each microbusiness with a distributor component shall comply with all conditions of operation set forth in subsection (G) of this section.

2. Microbusinesses undertaking manufacturing activity shall utilize only extraction processes that employ nonvolatile solvents for the purposes of extracting cannabinoids and processes that are recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act. Microbusinesses undertaking manufacturing activity shall maintain a license of the “Type 6,” “Type N,” or “Type P” license categories, as defined in Title 4 of the California Code of Regulations, Section 17006, as may be amended.

3. The cultivation of cannabis for commercial purposes by microbusinesses shall be limited to 10,000 square feet of total canopy size per property.

4. A microbusiness with a retail component may engage in retail sales on the same property as a cultivation component, but shall limit access to the public to only the retail component of the microbusiness.

F. Supplemental Conditions – Manufacturers. In addition to each of the conditions of operation set forth in subsection (A) of this section, manufacturers shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Manufacturers shall not engage in on-site retail sales of cannabis or cannabis products.

2. Manufacturers shall utilize only extraction processes that employ nonvolatile solvents and are recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act.

3. Standard of Equipment. Manufacturing, processing, and analytical testing devices used by manufacturers must be UL (Underwriters Laboratories) listed or otherwise certified by an approved third party testing agency or engineer and approved for the intended use by the city’s building official and fire code official.

4. Food Handler Certification. All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be state-certified food handlers. The valid certificate number of each such owner, employee, volunteer, or other individual must be on record at the property where the individual participates in the production of edible cannabis products.

5. Edible Cannabis Product Manufacturing. Manufacturers that sell or manufacture edible cannabis products shall obtain a county health permit to sell and/or manufacture edible cannabis products. Permit holders shall comply with county health permit requirements.

6. The manufacturer shall maintain a manufacturer license of “Type 6,” “Type N,” or “Type P” license categories, as defined in Title 4 of the California Code of Regulations, Section 17006, as may be amended.

G. Supplemental Conditions – Distributors. In addition to each of the conditions of operation set forth in subsection (A) of this section, distributors shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. No distributor may distribute cannabis from an unlicensed cannabis cultivator or manufacturer. Distributors may only distribute cannabis products between other licensed businesses within the state of California.

2. Distributors may not sell cannabis products directly to consumers, and cannabis distribution facilities shall be fully enclosed and inaccessible to the general public.

H. Maintenance, Access to, and Inspection of Records.

1. Every cannabis business shall maintain on-site, at the property designated for the operation of the cannabis business, all records of the cannabis business.

2. Financial Records. The cannabis business shall maintain a written accounting record or ledger of all cash, receipts, credit card transactions, reimbursements, (including any in-kind contributions), and any and all reasonable compensation for services provided by the cannabis business, as well as records of all operational expenditures and costs incurred by the cannabis business in accordance with generally accepted accounting practices and standards typically applicable to business records.

3. Record Retention Period. The records required in this subsection shall be maintained by the cannabis business for a period of five years and shall be made available to the city within 24 hours of written request.

4. A duly designated city police department or finance department representative may enter and shall be allowed to inspect the premises of every cannabis business as well as the financial and membership records of the cannabis business required by this article at any time during the cannabis business’s designated business hours, or at any appropriate time to ensure compliance and enforcement of the provisions of this article. Such representative may also require the cannabis business to also provide access to such financial records electronically. It shall be unlawful for any owner, operator, or any other person having any responsibility over the operation of the cannabis business to refuse to allow, impede, obstruct or interfere with an inspection of the cannabis business or the required records thereof. (Ord. 1126 § 1; Ord. 1161 §§ 6 – 9)

6.55.810 Business license tax liability.

An operator of a cannabis business shall be required to apply for and obtain a business and professions tax certificate pursuant to Chapter 3.35 SLTCC as a prerequisite to obtaining a cannabis use permit pursuant to the terms of this article. The cannabis businesses shall be subject to sales tax and other applicable taxes in a manner required by state law. (Ord. 1126 § 1)

6.55.820 No vested rights.

No person(s) shall have any vested rights to any permit, right or interest under this chapter, regardless of whether such person(s) cultivated, sold, distributed or otherwise engaged in acts related to the use of cannabis prior to adoption of the ordinance codified in this article. (Ord. 1126 § 1)

6.55.830 Public nuisance.

Any use or condition caused or permitted to exist in violation of any provision of this article shall be and hereby is declared a public nuisance and may be subject to administrative citations as set forth in Chapter 2.30 SLTCC, summarily abated by the city pursuant to Chapter 4.40 SLTCC and/or Code of Civil Procedure, Section 731, or subject to any other remedy available to the city. (Ord. 1126 § 1)

6.55.840 Existing permitted medical marijuana dispensaries.

A. Any medical marijuana dispensary operating pursuant to (1) a valid South Lake Tahoe dispensary permit (which permit was issued pursuant to South Lake Tahoe Ordinance No. 1032) as of the effective date of the ordinance codified in this article, or (2) a valid court order authorizing the continued operation of a medical marijuana dispensary pursuant to Ordinance No. 1032, shall be permitted to continue operation subject to compliance with all requirements set forth in Ordinance No. 1032 for a period of three years from the effective date of the ordinance codified in this article to seek permits and licenses required under the city code. During this three-year period, any existing medical marijuana dispensary may temporarily expand its land use to include adult use upon obtaining all required state licensing for such adult use and a cannabis public safety license from the city, and may provide a community public benefit in an amount not to exceed six percent of gross receipts received. At the end of the three-year period, any existing medical marijuana dispensary shall be subject to all city regulations, permit, and license requirements applicable at that time and shall be required to have obtained all applicable permits and licenses prior to continuing operation. The city manager may renew any dispensary permit previously issued pursuant to Ordinance No. 1032 during the three-year period, provided that the requirements for renewal set forth in Ordinance No. 1032 are satisfied, and may modify, deny, suspend or revoke any dispensary permit previously issued in accordance with the requirements for such action by the city manager set forth in Ordinance No. 1032.

B. Except as set forth herein, nothing in this section shall authorize a physical or operational expansion of any existing permitted medical marijuana dispensary beyond the locations, physical sizes, or uses specifically articulated and allowed under South Lake Tahoe Ordinance No. 1032.

C. This section shall not create any vested rights to any permit, right or interest under Ordinance No. 1032, regardless of whether such person(s) cultivated, sold, distributed or otherwise engaged in acts related to the use of cannabis prior to adoption of the ordinance codified in this article or Ordinance No. 1032. (Ord. 1126 § 1)


1

Code reviser’s note: Ord. 1091 adds this section as SLTCC 6.55.280. The section has been editorially renumbered to avoid duplication of numbering.