Sierra Colina Village |
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Planning for...
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Yes. The TRPA Code of Ordinances expressly allows the development of a multi-family neighborhood of 50 homes on the Sierra Colina parcel, an undeveloped, unimproved “Vacant Parcel” under Chapter 2 of the TRPA Code of Ordinances (Definitions) (“Vacant Parcel: a parcel which is undeveloped or unimproved and has no established use”). Chapter 18 (Permissible Uses) of the TRPA Code of Ordinances defines permissible uses on each parcel of land in the Lake Tahoe Basin. Section 18.0 states that Chapter 18 “sets forth the allowable uses for the land areas within the Region.” It also defines the concept of "use" to include “any activity, whether related to land, water, air or other resources of the region.” It states that the primary land uses are "allowed", "special" and "nonconforming", the applicability of which shall be determined by reference to the plan area statement or community plan applicable to a particular parcel. Section 18.1 of Chapter 18 makes clear that “all parcels have one or more primary uses as defined in this chapter, except for parcels which are undeveloped or unimproved and have no established use. Those shall be considered vacant parcels. Vacant parcels are entitled to apply for a use pursuant to the provisions of the Code. Regulation of projects and activities pursuant to primary uses shall be as follows: “18.1.A Allowed Uses: Uses listed in applicable plan area statements . . . as ‘allowed’ (‘A’) are appropriate uses for the specified area, and projects and activities pursuant to such uses may be permitted. Allowed uses are assumed to be compatible with the direction of the Regional Plan and the surrounding uses.” (Emphasis added.) The Sierra Colina Village parcel is in Plan Area Statement 073 (Lake Village), a residential and commercial plan area statement (PAS). It includes the 326 unit, 56 acre Lake Village Condominium Development and the Lake Village Professional Building. PAS 073 describes Existing Uses in the plan area as: “This is a medium density planned unit residential development with an office The “Planning Statement” in PAS 073 provides that: “This area should continue to be a medium density residential area, The Sierra Colina parcel is Special Area #1 of PAS 073, which includes the following list of permissible uses applicable throughout Special Area #1. Residential Single family dwelling (A), and multiple family dwellings (A). USE MAXIMUM DENSITY Section 18.4 of the TRPA Code of Ordinances provides that “plan area statements . . . shall determine if a use is an allowable use, a special use, a prohibited use, or a nonconforming use for a specific parcel.” Therefore, the proposed 50 home Sierra Colina project is an expressly allowed land use on the 18 acre Sierra Colina parcel, for which activities pursuant to such use (building multifamily homes) may be permitted by TRPA (Section 18.1.A of Chapter 18). Additionally, the proposed development is consistent with that which was considered by TRPA Governing Board and Advisory Planning Commission in 1992 as part of the review of the Plan Area Statement Amendment that designated the site for residential development. The PAS amendment before both the Advisory Planning Commission and the TRPA Governing Board also expressly considered the potential scenario of 50 residential units later being on the parcel (see October 1992 TRPA Governing Board Hearing Transcript, Appendix BB to the Final EIS). Therefore, the Sierra Colina project “is in fact approvable under the TRPA Code of Ordinances, Goals and Policies, and 208 Plan” (See response to Comment 7-89, Sierra Colina Final EIS at page 2-126).
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