Article IV — REGULATION OF SPECIFIC USES

• 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-ofway. 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))

• [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.

• 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.

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)

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)

• 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)

• 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)

• 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)

• 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)

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)

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)

• 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.

clude: 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)

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)

• 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.

t 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.)

itable 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 backouts 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 onebedroom 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)