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

Planning for...
LEED* Green Certification
Energy Star Rating
Pedestrian & Bike Trails
All Fire Sprinklered Homes
Preserving Open Space
Moderate Income Homes

Yes, the 208 Plan allows development of the proposed Sierra Colina Project on the parcel.

The Final EIS states that, consistent with TRPA practice, the project is required to adhere to existing policies contained in the Compact, the Regional Plan (including the Code of Ordinances), 208 Plan, and Goals and Policies, and applicable federal or state regulations. TRPA may not analyze the project under proposed or yet to be implemented TRPA Regional Plan Updates or draft code provisions incorporating proposed or contemplated modifications to existing regulations and additional potential regulations based on the TMDL (See response to Comment 7-6, Sierra Colina Final EIS at page 2-95).

For purposes of reviewing the environmental impacts of any proposed project, the TRPA Regional Plan and its component documents do not distinguish between undeveloped, developed and redeveloped land.  One set of standards is applicable to environmental impact analysis, project review, and permit approval. The TRPA Code of Ordinances does make distinctions between different land types (e.g., urban vs. non-urban parcels), and where applicable, these are discussed in the DEIS (See Master Response B at page 2-243 of the Sierra Colina Final EIS).

The Final EIS states that the Sierra Colina project is not the type of development intended to be restricted by the 208 plan. The Sierra Colina project location is within the urban core for the Stateline area with commercial and residential development bordering the property on two sides. The project site is in close proximity to transit facilities, commercial, recreation, and public service facilities and, therefore, is consistent with the 208 Plan goals for new development to be concentrated within existing urban areas. Moreover, the existing development proposed by the applicant to be transferred to the parcel results in the project not increasing development potential in the Tahoe Basin (see Sierra Colina DEIS at pages 2-9 through 2-10). (See response to Comment 7-89, Sierra Colina Final EIS at page 2-126).

The amount of impervious surface proposed is consistent with TRPA land coverage policies and TRPA review and approval criteria currently applied to proposed projects. The Final EIS states that, based on the regulations in effect and the application of the most efficient and effective design practical for water quality improvements, 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).

The proposed development would be clustered within the high capability land on the Sierra Colina property. The premise that development from a high capability land source cannot be transferred to undeveloped land is not supported, nor does any provision of the 208 Plan or the TRPA Code of Ordinances prohibit such a transfer (see Sierra Colina Final EIS, Master Response B at pages 2-243 through 2-245; see also response to Comment 7-90, Sierra Colina Final EIS at pages 2-126 through 2-127).

It is important to note, however, that The TRPA Code of Ordinances expressly allows the development of a multi-family neighborhood on the Sierra Colina parcel, an undeveloped, unimproved parcel. Under the TRPA Code of Ordinances, it is defined as a “Vacant Parcel” (A Parcel which is undeveloped or unimproved and has no established use”, Definitions, Chapter 2, TRPA Code or Ordinances).

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 complex.”

The “Planning Statement” in PAS 073 provides that:

“This area should continue to be a medium density residential area, maintaining the existing character of the neighborhood.”

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

Multiple Family Dwelling: Special Area #1 - 3 units per acre

Per PAS 073, the maximum density on Sierra Colina’s 18 acre parcel is therefore 54 homes.

Sierra Colina is a proposed 50 unit multiple family dwelling project that has a density of 2.8 homes per acre (50 homes divided by 18 acres, or 2.8 homes per acre). Multiple family dwellings are an “Allowed”  use on the Sierra Colina parcel per the express terms of PAS 073. 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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