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)
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)
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)
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)
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)
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)
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)
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)
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)
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)