Sierra Colina Village
P. O. Box 129
Lake Tahoe, NV 89448

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Yes. Although two-step subdivisions for post-1987 residential projects are specifically provided for under TRPA’s Code of Ordinances Chapters 41 and 43, in 2000 TRPA conducted a series of workshops that included, among other topics, potential design criteria to gain greater clarity on the two-step subdivision process. Workshop participants included representatives of the League to Save Lake Tahoe (League), Sierra Club, Friends of Burke Creek, Office of the California Attorney General (Cal AG), Office of the Nevada Attorney General, Lahontan RWQCB, staff from each of the county and city governments in the Basin, and others (TRPA 2000a).

Section 3.2 of the Sierra Colina DEIS described these workshops as follows:

“During these workshops, participants generated a list of draft criteria for approval of two-step subdivisions for post-1987 residential projects in the Basin to be presented the TRPA Advisory Planning Commission and Governing Board to be considered for inclusion in the TRPA Code of Ordinances. On June 14, 2000 TRPA Staff prepared preliminary draft recommendations on transit-oriented development and two-step subdivision criteria to be taken to the Advisory Planning Commission and Governing Board as proposed amendments to Chapters 13, 41 and 43 of the TRPA Code of Ordinances (TRPA 2000b). These criteria were initially discussed at the July 5, 2000 workshop. According to these documents referenced, with one exception, the Cal AG agreed with these criteria at that time. The one exception was to criterion Number 4, where the Cal AG and the League supported maximum of 1,000 square feet of vehicle-oriented coverage per residential unit in lieu of the 850 square feet maximum of vehicle-oriented coverage per residential unit contained in the TRPA Staff’s preliminary draft recommendations dated June 14, 2000 (TRPA 2000b). These criteria were discussed again and amended at the August 16, 2000 workshop resulting in the following list of tentative criteria (TRPA 2000c):

1.         Transfer development rights from sensitive land only (725 or less; Bailey 1-3)

2.         Density: minimum of 8 units per acre in project area

3.         Shall be located within Transit Oriented Development (TOD) areas

4.         Maximum 850 square feet vehicle-oriented coverage per unit

5.         If units from existing residential project, cannot be affordable housing units

6.         Multi-residential projects not in compliance with above shall be deed restricted

7.         Deed restrict two-step parcels to require X % units for first-time home buyers”

“To-date, this list of criteria has not gone forward to the Advisory Planning Commission or the Governing Board for adoption as amendments to Chapters 13, 41 and 43 of the TRPA Code of Ordinances.”

As discussed further in Section 3.2 of the Sierra Colina DEIS, although these criteria were not formally adopted as amendments to the TRPA Code of Ordinances, they provide guidance to project applicants as intended. As stated in the following statement from the July 5, 2000 Design Development Working Group Meeting:

Hence the impetus for these meetings: the Cal. AG and the TRPA Governing Board’s desire to have clear rules for two-step subdivision development. It is hoped that, given clear rules for operating, lengthy debates on project merits and the intent of the TRPA policy can be avoided in the future, and project applicants clearly understand what must be done to achieve project approval (TRPA 2000b).

Although not required by the TRPA Code of Ordinances, the Sierra Colina project is intended to adequately address the criteria for a two-step subdivision as expressed in these draft criteria from these workshops. For further discussion, see Sierra Colina DEIS at Section 2.0, Project Description; DEIS Section 4.8, Land Use; see Master Responses B and C at pages 2-243 through 2-247; and see response to Comment 7-94 at page 2-129 of the Sierra Colina Final EIS) (“the proposed project is substantially consistent with these as-yet unadopted criteria”).

As noted in the response to Comment 7-92 in the Sierra Colina Final EIS at page 2-128, “it should be clarified that the discussion of the TRPA Design Development Working Group workshops held in 2000 related to draft provisions of the two-step subdivision process and the specific project criteria which all interested parties would agree that, if present, would make a proposed subdivision project in compliance with the 208 Plan (2000b and 2000c)” (Emphasis added).

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