South Lake Tahoe City Council
March 15, 2022

Adopted Fee
03/15/2022
Swimming Programs:

H2O Exercise:  Adult 18‐54 years each $7
H2O Exercise:  Senior or Permanent Disability each $6
H2O Exercise:  Adult 18‐54 years  ‐ 10 Use Pass each $50 H2O Exercise:  Senior or Perm Disability – 10 Use Pass each $40 H2O Exercise: Individual Annual Pass  each $295
Swimming Lessons (Group) 8 Class Session each $47
Swimming Lessons (Group) 6 Class Session each $37
Private Lessons (25 minutes) 1 Student each $31
Private Lessons (25 minutes) 2 Students each $42
Private Lessons (25 minutes) 3 Students each $52
Master Swim Drop In each $10
Master Swim Session (6 weeks) each $60
Non‐Profit Organizations  25% Off Base Rate 25%
Youth and Teens:

Star Camp Care (pre‐ and post‐camp child care, per hour) each $8 Youth Adventure Camps each Fee based on production costs Kid’s Summer Day Camp each $35
Kid’s Summer Day Camp (Weekly Fee) each $150
Kid’s Summer Day Camp  Multi‐Child Discount 10% off base fee 10% Adopted Fee
03/15/2022
9 Hole each $18
Senior each $16
9 Hole Youth (14 and under, fee valid after 12 pm daily) each $11 9 Hole Family (1 adult & 1 youth (14 and under), after 12pm daily) each $22 Add 9 Holes each $11
Twilight  each $15
Cart Rental each $5
Club Rental each $15
Walker/Spectator each $5
Passes:
20 Use each $240
10 Use each $135
10 Use Twilight (after 3 pm) each $110
10 Use Senior each $120
10 Use Family (1 Adult & 1 Youth (14 and under) after 12 pm daily) each $160 10 Use Youth (14 and under, valid after 12 pm daily) each $85 Individual Season Pass (no restrictions) each  $450
Administrative Fee for replacement of annual passes only each $10 Council Adopted
03/15/2022
Spring/Fall ‐  No hook up, up to 6 people and 1 car (includes $10 infrastructure fee) per day $41
Spring/Fall ‐  Hook up, up to 6 people and 1 car (includes $10 infrastructure fee) per day $50 Summer ‐  No hook up, up to 6 people and 1 car (includes $10 infrastructure fee) per day $45 Summer ‐  Hook up, up to 6 people and 1 car (includes $10 infrastructure fee) per day $56 Spring/Fall Tent Cabins 1‐5 (includes $10 infrastructure fee) per day $62 Summer Tent Cabins 1‐5 Cabin (includes $10 infrastructure fee) per day $62 Spring/Fall Deluxe Cabin and Tent Cabin 6 (includes $10 infrastructure fee) per day $90 Summer Deluxe Cabin and Tent Cabin 6 (includes $10 infrastructure fee) per day $90 Fee Description Unit
Recreation Complex (cont.)
Golf Course
Fee Description Unit
Campground
Fee Description Unit

Council Adopted
03/15/2022
Reservation Fee (non‐refundable) each $10
Cancellation Fee (within 48 hours from arrival date) One night rental fee Varies Cancellation Fee  each $10
Dump Fee (charged to campers not staying in our campground) each $10 Extra person each $6
Visitor Day Use each $5
Pets each $2
Extra Vehicle (no holding tanks) each $6
Motorcycles and Electric Scooters each $3
Late Checkout Fees per site $10
Adopted Fee
03/15/2022
Day Use per day $17
Annual Pass each $138
Adopted Fee
03/15/2022
ICE ARENA:

Learn to Play n/a Free
Morning School Skate n/a Free
School Skate Week (PE program) n/a Free
Military Discount (Served In combat area) n/a Free
Wounded Warriors (military event) n/a Free
Charity Events (i.e. St. Baldrick's), fees subject to review n/a Ice free all day Ice Sheet Rental See schedule for rates by time per hour $468 Party Room Full (hourly ‐ 1 hour minimum) per hour $84
SKATING PROGRAMS:

Public Skate: Adult 18‐54 years ‐ varies per person $21 Public Skate: Youth (between 5‐18 years) ‐ varies per person $21 Public Skate: Child 5 & under ‐ varies per person $8
Public Skate: Senior 55 & up ‐ resident per person $8
Public Skate: Senior 55 & up ‐ varies per person $21
Blue Card (available to frequent users/members) each TBD Skate Rental each $4
Free Style ‐ Drop ‐ In each $16
Hockey ‐ Drop ‐ In per person $16
Hockey League:  Adult 18‐54 years, 10 games each $362
Hockey League:  Single Game each $31
Hockey League:  Youth each $108
SKATING LESSONS:

Skate/Hockey School: per lesson per lesson $15
Private Skate lessons (1 student, 2 student, 3 or more) per lesson varies by instructor City Sponsored Ice Programs:

Partnerships with City recreation programs fee determined by program type and need
fee determined by program type and
need
Facility Rentals (various use agreements):

Year Round Rentals for Rec Programs/Rec Center typically billed monthly Refer to contract Refer to contract Boat Ramp**
Campground (cont.)
Fee Description Unit
*The listed Ice Arena Fees represent the maximum allowable charges.

Ice Arena*
Fee Description Unit
**The Division of Boating and Waterways currently limits these fees to $17 for Day Use and $138 for an Annual Pass.

Fee Description Unit

Adopted Fee
03/15/2022
Encroachment Permit:

Encroachment Permit (each approach) includes overlays and replacements each $205 Encroachment Permit Existing each $205
Encroachment Permit Remove and Replace each $205
Building Permit & Inspection:

Building Permit Fee % of valuation 2% of valuation of $239 minimum Active Building Permit Extension each $174
Building Plan Review Extension each $174
Building Plan Revision Checking per hour / 1 hr min. $116 Expedited Plan Review per hour / 1 hr min. $231
Stop Work Notice of Violation each $388
Stop Work/Red Tag Permit Fee each 2x the Building Permit Fee Special Building Inspections
per hour / 1 hr. min. regular working
hours
per hour / 3 hr. min. outside of
regular working hours
$161
Reinspection Fee
per work, for which an inspection
was requested, is not ready for
inspection
$161
Document Printing & Copying per page $0.10
Permit Technology Fee each permit $11
Illegal Unit Review each $1,004
Admin Fee for Cost of Collection on Liens, Nuisance, etc. % of collection costs % of collection costs Temporary Certificate of Occupancy Application each $161 Flat Rate Temporary Power Meter Approval each $205
Flat Rate SFD Electric Vehicle Charging Stations Interior Locations Only each $205 Flat Rate SFD Gas Line Air Test  each $205
Flat Rate SFD Electrical Panel Change Our >200 Amps  each $205 Flat Rate SFD Window Change Out Like for Like Up to 5 Existing Openings Windows/Doors combined   each $205
Flat Rate SFD Generators Interior Locations Only each $205 Flat Rate SFD Wall Heater Changeout  each $205
Flat Rate SFD Fireplace Changeout  each $205
Well Deconstruction (Electrical and Pluming Terminations) each $53 Flat Rate Permit Water Heater each $205
Flat Rate Permit Electrical Meter Release (reconnect Only ‐ no new work) each $205 General Plan/Community Plan/Area Plan Maint. Fee each $1.04 per $1,000 valuation Vacation Home Rental Fees:

Vacation Home Rental Permit Inspection Fee each $156
Vacation Home Rental Permit Re‐Inspection Fee each $94
Adopted Fee
03/15/2022
Loan Subordination Fee each $1,961
Multi‐Family Dwelling Inspection Fee each unit $94
Single Room Occupancy Inspection Fee each unit $94
Reinspection Service per hour / 1 hr. min. $161
Substandard Condition Inspection each $596
Adopted Fee
03/15/2022
Allocations:

Deposit – Building Permit per application $1,042
Residential Permit Processing per living unit $711
Development Services ‐ Planning
Fee Description Unit
Development Services ‐ Building
Fee Description Unit
Fee Description Unit
Development Services ‐ Housing

Adopted Fee
03/15/2022
General Permits:

Major General Planning Application (variance, special use permit, major design review, wireless communications facilities, small wireless communications facilities)
application $2,921
Minor General Planning Application (minor variance, minor design review, eligible facilities request) application $925
Permit Revision and/or Permit Extension each $544
Categorical Exemption each $74
Negative Declaration Review each $4,006
Negative Declaration Preparation each $7,252
EIR/EIS each Cost of consultant + 25%
Other Permits:

Fence Permits each $264
Home Occupation Permit each $133
Minor Sign Review and Approval each $146
Major Sign Review and Approval  each $363
Sign Application Revision each $146
Locally Unique Sign Application each $2,921
Major Temporary Activity Permit each $417
Temporary Use Permit each $625
Temporary Arts & Crafts Shows per show $642
Certificate of Compliance (Subdivision Map Act) each $806 Tentative Subdivision Map each $5,309
Condominiumization of Existing Residential Dev. each $5,460 Vacation Home Rentals:

Vacation Home Rental Application fee each $497
Vacation Home Rental Permit – Annual Fee
4 or less occupants
5 to 8 occupants
9 to 12 occupants
13 or more occupants
$250
$500
$1000
$1,325
Vacation Home Rental Permit Master Report report $63
Hosted Rental Fees:

Hosted Rental Permit each $261
Hosted Rental Annual Renewal Fee each $261
Cannabis Use Permit:

Cannabis Use Permit  each $5,278
Cost Recovery Deposit Amounts for Cannabis Use Permit and Development Agreement
a)  Retailer / Cultivator / Testing Lab/ Manufacturing/ Distribution  each $21,800 b) Microbusiness each $22,949
Annual Inspection Fee  each $1,906
Re‐Inspection Fee each $811
Other Services:

Zoning Letter each $230
Document Copying page $0.10
Planning Review of Building Permits per hour/1 hr. min. $116 Admin Fee for Cost of Collection on Liens, Nuisance, etc. % of collection costs 25% Special Event Review/Permit each $2,475
Historic Determination each $216
Public Notice Label Preparation each $213
Planning Documents:

General Plan Amendment each $8,855
Community Plan Amendment/Area Plan/Plan Area Statement each $8,855 Annexation:

Annexation each Fully burdened hourly staff cost
Mobile Vending:

Location Permit each $544
New Vendor Permit each $164
Renewal Permit each $82
Development Services ‐ Planning (cont.)
Fee Description Unit

Adopted Fee
03/15/2022
Street/Property Abandonment each $2,974
Single‐Family Residential Public Works plan review fee each $290 Multi‐Family Residential Public Works plan review fee (6 units or less) each $484 Large Multi‐Family Residential Public Works plan review fee (7 or more units) each $1,552 Commercial Development/Redevelopment Public Works plan review fee (less than 1 acre site) each $484
Commercial Development/Redevelopment Public Works plan review fee (greater than 1 acre site) each $1,552
GIS Fee (special requests for information/maps) each $315 Traffic Control Permit each $388
Grading Fee < 3 cubic Yards (no fee) project $0
Grading Fee 3 ‐ 7 Cubic Yards project $514
Grading Fee 8 ‐ 350 Cubic Yards project $869
Grading Fee 350+ Cubic Yards project $2,240
Parcel Merger/Lot Line Adjustment/Parcel Maps each $2,718 Final Subdivision Map each $6,308
Obstruction Permit each $278
Street Trench Permit (Greater Than 250 Cubic Yards) each $1,374 Encroachment (Street Cut) Permit/Minor each $695
Encroachment (Street Cut) Permit/Major; base + 1.5% of Construction value >$20,000 each $695
Transportation Yearly Permit each $148
Transportation Single Permit each $105
Road Closure, One Day day $433
Road Closure, 2‐30 days days $712
Monitoring Well Permit; price for each well up to 3 wells/locations. Greater than 3 is half price each up to 3 $425
Monitoring Well Destruction, Each Well each $317
Private Trench Crossings in Addition to the Encroachment Fee each $370 Stop Work Fee each $655
Investigation fees (grading work > 3 cubic yards without a City or other TRPA/Water Board Permit) each $596
Storm water Inspection Fee: Commercial each $237
Storm water Inspection Fee: Commercial Reinspection each $119 Storm water Inspection Fee: Industrial each $297
Storm water Inspection Fee: Industrial Reinspection each $119 Easement Request/Review each $1,286
Time Extension – Existing Permits each Equal to cost of the existing permit base fee
Special Agreement Review; actual costs on a time and material basis using staff hourly rates against a deposit based on scope estimation project Actual Reproduction Fee per 23x26 sheet file plans and
record maps $4
Street Name Change; actual costs of City staff, equipment, and materials each Actual Unapproved Work (ROW)/Correction Fee/Inspections of Repairs to City Infrastructure; deposit plus actual time and materials of various city staff each $858 Street and Traffic Sign Installation, Replacement and Traffic Control Striping; actual costs of City staff, equipment, and materials each Actual Special Event Review; includes Base fee then scalable by event size each $3,283 Facility Setup/Takedown Fee; actual costs of staff which may include overtime if event is after normal business hours each Actual
Traffic Control Device Rental & Setup; minimum plus actual costs of equipment, labor and/or materials each $205
Use of Equipment; base fee plus actual costs of labor each Actual Tentative Subdivision Map each $3,294
Condominiumization of Existing Residential Dev. each $1,558 Public Works ‐ Engineering
Fee Description Unit

Adopted Fee
03/15/2022
Emergency Medical Service:

Advanced/Basic Life Support, incident response hourly $483 + Medicare Mileage factor
Advanced/Basic Life Support – with standby to support air ambulance transport, incident response hourly $937/hr
Advanced/Basic Life Support – with engine standby for CPR, incident response hourly $937/hr County Fire Services:

Lake Valley Fire District Contract Per agreement
(with CPI)
Fallen Leaf Fire District Contract Per agreement
(with CPI)
Wild Land Fire Suppression Fee:

Support Vehicle hourly CA OES rate
Pumping Engine hourly CA OES rate
Ladder Truck hourly CA OES rate
Motor Vehicle Accident:

Level 1 Basic Response X hourly $1,052
Level 2 Extrication X hourly $1,594
Level 3 Multi Casualty X hourly $2,339
Hazardous Materials Clean‐Up:

Level 1 Basic Response X hourly $700
Level 2 Full Alarm Response X hourly $2,339
Bomb Response/Bomb Squad:

Level 1 Full Alarm Response X hourly $1,052
Level 2 Full Alarm Engine Response plus TD Bomb Unit X hourly $2,339 Pipeline Breakage/Power Line Incidents:

Level 1 Single Engine X hourly $1,052
Level 2 Full Alarm Engine Response X hourly $2,339
Fire Hydrant Flow Test hourly $306
Witnessed Acceptance Test hourly $306
Fire Watch Service X Actual costs
hourly per engine $2,339
hourly per ladder truck $2,339
Emergency Assistance to Boats/Water Incidents:  Includes boat responses, swift water and ice rescues, etc.

Level 1 Single Engine X incident $1,052
Rescue: Includes working with Search & Rescue for victim recovery, Rope Rescue, etc.

Level 1 in City X incident $744
Miscellaneous Fees:

False Alarm Responses  1st/2nd offense X response $156/$261 Open Burning and Recreational Fires inspection $248
Arson Investigation ‐  Includes scene safety, investigation, source ID, Arson dog, equipment use, mobile detection and report X investigation At cost using fully burdened rate
Fire Investigation Reports report $9
Fire Incident Report report $44
Copies page $0.11
Photographs See police fee See police fee
Video Tape Duplication See police fee See police fee
Fireworks/Pyrotechnical Display Permit permit $407
Fire Dance Permit Annual Fee permit $204
Per Event Inspection each $53
Structure Fire Suppression (includes scene safety, initial investigation, traffic control, patient contact, hazard control) X
Fire Department
Fee Description Recovery USA Unit

Adopted Fee
03/15/2022
Miscellaneous Fees (cont.):

Expert Testimony (includes case preparation, documents, etc.) per case At cost using fully burdened rate
Special Event Review/Permit – Per Hour for Fire hourly $188 Expert Testimony (includes case preparation, documents, etc.) per case At cost using fully burdened rate
Special Event Review/Permit – Per Hour for Fire hourly $181 Fire Inspection Fees:

Auto Alarm/Ext System – 10 per inspection $225
Auto Alarm/Ext System – 100 per inspection $548
Suppression Sys–50 hds/Dry Chem sys per inspection $225 Suppression Sys‐200 hds per inspection $548
Underground Main <2” per inspection $110
Underground Main >2” per inspection $225
Board 7 Care Facility 7‐50 per inspection $126
Board 7 Care Facility 50+ per inspection $311
Day Care Facility 6+ per inspection $110
Fire Safety Plan Review – SFD each $113
Fire Safety Plan Review‐MFD each $238
Basic Fire Inspection, <1k k sq. ft. each $88
Basic Fire Inspection, 1k ‐ 4k sq. ft. each $122
Basic Fire Inspection, 4k  ‐ 9k sq. ft. each $146
Basic Fire Inspection, >9 k sq. ft. each $185
Child Care Inspection Occupancy Permit Non‐Home each $98 Child Care Inspection Occupancy Permit Home each $98
Miscellaneous Fire Services each At Cost
Re‐Inspection each $110
Operational Permit and Inspection CFC 105.6 each $231
Tents Structure > 200 sq. ft. each $110
Defensible Space / Fire Hazard per hour $154
Adopted Fee
03/15/2022
Special Business Regulation:

Other Permits – New each $430
Other Permits – Renewal each $214
Pedicab Permit – Owner/Operator New each $238
Pedicab Permit – Owner/Operator Renewal each $84
Pedicab Permit – Driver New each $141
Pedicab Permit – Driver Renewal each $55
Sidewalk Vending Permit – New each $150
Sidewalk Vending Permit – Renewal each $25
Other Police Functions:

Misdemeanor Booking per booking $40
Fingerprinting each $24
Live Scan Fingerprinting each $17
Local Criminal Clearance Letter each $10
Towed Vehicle Release each $150
Special Police Service each actual cost at fully
burdened rate
DUI Incident Response – Police & Fire incident actual cost at fully burdened rate
Copy of Dispatch Event report $0.10
Civil Subpoena each $280
Restitution Rate each actual cost at fully
burdened rate
Subpoena Duces Tecum page + hourly +
microfilm
.10 + $25 per hour per
person + $.20 per
microfilm
Fee Description Unit
Fire Department (cont.)
Fee Description Recovery USA Unit
Police Department

Adopted Fee
03/15/2022
Other Police Functions (cont.):

Govt. Code Controlled Activities actual cost at fully burdened rate Other Special Activities hourly actual cost at fully burdened rate Special Police Boat Service hourly actual cost at fully burdened rate Equipment Reimbursement each Actual cost
Firearm(s) Release (by appointment only) weapon $40
Ski Run Blvd. Vehicle Control hourly actual cost at fully burdened rate Police Report Copy  pages $5
Tape Duplication – Audio tape $20
Tape Duplication – Video tape $20
Crime Scene/Police Photo Reproduction (CD photo) CD $20 Special Event Review/Permit (Small Event): 124 or less permit $79 Special Event Review/Permit (Medium Event): 125‐299) permit $157 Special Event Review/Permit (Large Event): 300 or more permit $313 Non‐Profit Special Event Review/Permit (Small Event): 124 or less permit $59 Non‐Profit Special Event Review/Permit (Medium Event): 125‐299) permit $118 Non‐Profit Special Event Review/Permit (Large Event): 300 or more permit $235 Taxicab Fees:

Taxicab Company Permit Annual $5
Taxicab Vehicle Permit Annual per vehicle $5
Taxicab Driver Permit Annual $25
Police False Alarm Response:
1st  & 2nd  False Alarm No charge
Excessive > 3 False Alarms alarm Per city code
Non Permitted False Alarm Per city code
Initial Permit Application – Resident, 3 year period permit $39 Renewal Permit – Resident, every 3 years permit $18
Initial Permit Application – Business, 1 year period permit $39 Renewal Permit – Business, every year permit $18
Vacation Home Rentals:

Vacation Home Rental Permit – Late Fee On Renewal violation Counted as violation Vacation Home Rental Permit Master Report report $60
Vacation Home Rental Permit Label Report report $57 + cost of labels Vacation Home Rental Permit – Annual Fee ‐ Tourist Core 4 or less occupants
5 to 8 occupants
9 to 12 occupants
13 or more
Fractional
$200
$350
$650
$850
$19.23 to $850
Parking Program:

Parking Garage per 20 min/daily max $1.25/$25
Monthly Garage Pass April 1‐Oct 31 each month $125
Winter Full Week Pass Nov 1‐Mar 31 each month $175
6 Month Pass  per 6 months $500
Parking validations ‐ 1 packet of 50 ‐ 1 hr validations each packet of 50 $50 Electric Car Charging Electricity Fee each Rate as determined by STJPPA Electric Car Charging Overstay Fee each Rate as determined by STJPPA Parking – Bellamy/Transit Way per 20 min/2 hr max $1
Parking – Upper Ski Run (identified in map) per contract per contract Parking Citation ‐ Kiosk Violations per violation $39
Cannabis:

Public Safety License Fee each $1,135 + $85 x's # of employees (fingerprint/background)
Public Safety License Renewal Fee each $1,135 + $85 x's # of employees (fingerprint/background)
Public Safety Mitigation Fee Amounts:

Retailer each $13,750
Microbusiness with Retail each $21,250
Testing Lab/Manufacturer, Cultivator, Distributor, Microbusiness without Retail each $7,500 Delivery Component  each $5,000
Police Department (cont.)
Fee Description Unit

Adopted Fee
03/15/2022
Shared Mobility:

Shared Mobility Device Fee per device $75
Parking Citations:

City Code:

4.25.300 ‐ Parking, Restricted Parking Occurrence $75

4.25.330 ‐ No Stopping Zone Occurrence $75

4.25.360 ‐ Time Limited Parking Zone Occurrence $55

4.25.370 ‐ Parked in Excess of 72 Hours Occurrence $75

4.25.410 ‐ Parked Wrong Side of Street Occurrence $25

4.25.440 ‐ Designated Taxi Zone / Bus Stop Occurrence $75

4.25.590 ‐ Parking Garage Payment Required Occurrence $75

4.25.600 ‐ Parking Garage Parked within Parking Space Occurrence $55

4.25.620 ‐ Use of Entrance and Exit Occurrence $75

4.25.740 ‐ Paid Parking ‐ No Ticket Occurrence $75

4.25.750 ‐ Paid Parking Time Expired Occurrence $75

4.25.840 ‐ Residential Parking / Permit Zone Occurrence $75

4.95.050 ‐ Private Property ‐ Restrictions  Occurrence $200

7.05.420 ‐ Area restricted‐Snow Removal Occurrence $205 All other City Parking Codes Occurrence $75
California Vehicle Codes:
21113 ‐ Parking on Public Grounds Occurrence $75
21113(a) ‐ Unauthorized parking on public grounds Occurrence $75 21211(b)  ‐ Park in bike path Occurrence $75
21211a ‐ Blocking designated bicycle path Occurrence $75 22500.1 ‐ Parked In Fire Lane Occurrence $105
22500a ‐ Park Within Intersection Occurrence $75
22500b ‐ Park on Crosswalk Occurrence $75
22500d ‐ Park Within 15ft Fire Station driveway Occurrence $105 22500e ‐ Block Driveway Occurrence $75
22500f ‐ Park on a Sidewalk Occurrence $75
22500g ‐ Obstructing Traffic/HWY Construction  Occurrence $105 22500h ‐ Double Parking Occurrence $75
22500i ‐ Park in Bus Loading Zone Occurrence $75
22507.8(a) ‐ Handicap Disabled Only Occurrence $455
22507.8(b) ‐ Block Disabled Stall/Space Occurrence $455 22507.8c ‐ Parked in Handicap Crosshatch Occurrence $455 22514 ‐ Within 15ft of Fire Hydrant Occurrence $105
22515 ‐ Unattended Running Vehicle Occurrence $75
22523(b) ‐ Abandoned Vehicle Occurrence $250
4000a ‐ Expired Registration Occurrence $75
5204(a) ‐ No Tabs Occurrence $75
All other California Vehicle Codes Occurrence $75
Administrative Citations*
City Code:

3.35.040 ‐ No Business License Occurrence $100

3.50.380 (B) ‐ Unpermitted VHR ‐ Owner Responsible Occurrence $1,000

3.50.440 (A) ‐ Vacation Home Rental (Maximum Occupancy ‐ Occupant and Owner Responsible) Occurrence $500

3.50.440 (B ) ‐ Vacation Home Rental (Parking Space Availability ‐ Owner Responsible) Occurrence $250

3.50.440 (C )‐ Vacation Home Rental (Commercial Activity Prohibited ‐ Occupant and Owner Responsible) Occurrence $500

3.50.440 (D) ‐ Vacation Home Rental (Compliance with SLTCC ‐ Owner Responsible) Occurrence $1,000

3.50.440 (E) ‐ Vacation Home Rental (Posting of Permit ‐ Owner Responsible) Occurrence $1,000

3.50.440 (F) ‐ Vacation Home Rental (Marketing/Advertising Requirements ‐ Owner Responsible) Occurrence $1,000

3.50.440 (G) ‐ Vacation Home Rental (Authorization to Inspect ‐ Owner Responsible) Occurrence $1,000
Police Department (cont.)
Fee Description Unit

Adopted Fee
03/15/2022
Administrative Citations (cont.)*

3.50.440 (H) ‐ Vacation Home Rental (Outdoor Spas/Hot Tubs prohibited between 10 p.m.‐8 a.m. ‐ Occupant and Owner Responsible) Occurrence $500

3.50.440 (I) ‐ Vacation Home Rental (Interior Signage ‐ Owner Responsible) Occurrence $1,000

3.50.440 (J) ‐ Vacation Home Rental (Exterior Signage ‐ Owner Responsible) Occurrence $1,000

3.50.440 (K) ‐ Vacation Home Rental (Parking Requirements ‐ Occupant and Owner Responsible) Occurrence $250

3.50.440 (L) ‐ Vacation Home Rental (Noise and Amplified Music Prohibited between 10 p.m. ‐ 8 a.m. ‐ Occupant and Owner Responsible) Occurrence $500

3.50.440 (M) ‐ Vacation Home Rental (Emergency Lighting ‐ Owner Responsible) Occurrence $1,000

3.50.440 (N) ‐ Vacation Home Rental (Lighting Design ‐ Owner Responsible) Occurrence $1,000

3.50.440 (O) ‐ Vacation Home Rental (Parking of Commercial Vehicle ‐ Occupant  Occurrence $250

3.50.440 (P) ‐ Vacation Home Rental (Records Relating to VHR ‐ Owner  Occurrence $1,000

3.50.440 (Q) ‐ Vacation Home Rental (Camping Prohibited ‐ Occupant and Owner Responsible) Occurrence $500

3.50.440 (R ) ‐ Vacation Home Rental (Trash/Bear Boxes Required ‐ Owner Responsible) Occurrence $1,000

3.50.450 Vacation Home Rental (Operating without a Permit) Occurrence $1,000

4.150 ‐ Refuse and Garbage Occurrence $150

4.35.020 ‐ No Operator License ‐ Mobile Vending Occurrence $100

4.40.020 ‐ Nuisances Generally Occurrence $50

4.40.030 ‐ Outdoor Display Occurrence $100

4.40.040 ‐ Nuisances Generally ‐ Noise Occurrence $100

4.45.040 ‐ Abandoned Vehicle Occurrence $150

4.50.030 ‐ Illegal Dumping Occurrence $1,000

4.50.050 ‐ Unsuitable Trash Container ‐ Commercial Occurrence $300

4.50.050 ‐ Unsuitable Trash Container ‐ Residential Occurrence $150

4.55 ‐ Graffiti Occurrence $50

4.60 ‐ Abandoned or Damaged Structure Occurrence $1,000

4.135.010 Police Service Occurrence $500

4.140.100 Private Patrols Occurrence $25

6.05 ‐ Handbills Occurrence $100

6.10.160 ‐ Exterior Lighting Occurrence $100

6.15 ‐ Building Code Violation Occurrence $100

6.40 ‐ Political Signs Occurrence $100

6.40.050 ‐ Noncompliant Sign Occurrence $100

6.40.080 ‐ Garage Sale Signs Occurrence $50

6.55.280 ‐ No Home Occupation Permit Occurrence $100

6.55.810 ‐ Marijuana Occurrence $1,000

7.05 ‐ Sidewalk Snow Removal Occurrence $100

7.05.500 ‐ Placing Snow in Right‐of‐Way Occurrence $100

7.05.560 ‐ Sidewalk Snow Removal Occurrence $100
All Code Violations Not Listed Above or Specified in the Code Occurrence $250 *The fines for a second and any subsequent violation within a 12‐month period for all violations with the exception of Vacation Home Rental violations will be double that of the previous fine assessed. The above penalties shall not supersede fines and penalties listed in the current City Code for specific violations.

Police Department (cont.)
Fee Description Unit

Adopted Fee
03/15/2022
Office square foot or agreement $1.77
Ground Lease Rate square foot or agreement $0.32
Gratuitous Transportation vehicle $55
Conference/Meeting Room hourly rental hour $30
Conference/Meeting Room daily rental day $295
Restaurant Facilities Per agreement Per agreement
Airport Terminal Lobby (upper/lower) hourly rental hour $58 Airport Terminal Lobby (upper/lower) daily rental day $355 Advertising Negotiated Negotiated
Advertising “Paper” Pick‐Up Ads monthly $75
Rental Car Ground Lease Area Negotiated / Market Rate
Conditions Negotiated / Market Rate Conditions
Other Use of Terminal Negotiated Negotiated
Commercial Filming:

Small Scale Commercial Filming (less than 50 persons); waived if City promotion per day/winter $428 Small Scale Commercial Filming (less than 50 persons); waived if City promotion per day/summer $713 Large Scale Film Production (film crew larger than 50 persons) – Prep / Strike Location  per day $319
Large Scale Film Production (film crew larger than 50 persons) – Filming Days  per day $5,316 Airport Escort Required on Filming Days  per day $266
Movement Area Filming (Runway and/or Taxiway)* per day*  $2500* Large Scale Filming (more than 50 persons) Security Deposit  Negotiated Based on Location Agreement Large Scale Film Production (film crew larger than 50 persons) – City Film Support for Permits, Police, Fire, etc.  Per Hour Fully Burdened Rate of Employee Used Aviation Use of Airfield**: Adopted Fee 03/15/2022
Terminal Ramp Day Use; multiple use or 2 or more hours day $11 Terminal Ramp RON Use Fee; 6 hours or more after 5:00 pm night $23 Off Peak Season  (September 11‐May 30) Landing Fees Aircraft/Rotorcraft 6,001 lbs. ≤ X ≤ 11,999 lbs.
per 1,000 lbs. for aircraft over 6,001
lbs. Landing Weight  $2.53/1,000 lbs.

Off Peak Season  (September 11 ‐May 30) Landing Fees Aircraft/Rotorcraft 12,000 ≤  X ≤  29,999 lbs.
per 1,000 lbs. for aircraft between
12,000 and 29,999 lbs. Landing
Weight
$3.11/1,000 lbs.

Off Peak Season  (September 11 ‐ May 30) Landing Fees Aircraft/Rotorcraft 30,000 ≤  X ≤  59,999 lbs.
per 1,000 lbs. for aircraft between
30,000 and 59,999 lbs. Landing
Weight
$3.60/1,000 lbs.

Off Peak Season (September 11 ‐ May 30) Landing Fees Aircraft/Rotorcraft 60,000 ≤  X lbs. per 1,000 lbs. for aircraft equal to or
over 60,000 lbs. Landing Weight $3.64/1,000 lbs.

Summer High Season  (May 31‐September 10) Landing Fees Aircraft/Rotorcraft 6,001 lbs. ≤ X ≤ 11,999 lbs.
per 1,000 lbs. for aircraft over 6,001
lbs. Landing Weight  $3.03/1,000 lbs.

Summer High Season  (May 31‐September 10) Landing Fees Aircraft/Rotorcraft 12,000 ≤  X ≤  29,999 lbs.
per 1,000 lbs. for aircraft between
12,000 and 29,999 lbs. Landing
Weight
$3.72/1,000 lbs.

Summer High Season  (May 31‐September 10) Landing Fees Aircraft/Rotorcraft 30,000 ≤  X ≤  59,999 lbs.
per 1,000 lbs. for aircraft between
30,000 and 59,999 lbs. Landing
Weight
$4.36/1,000 lbs.

Summer High Season (May 31‐September 10) Landing Fees Aircraft/Rotorcraft 60,000 ≤  X lbs. per 1,000 lbs. for aircraft equal to or over 60,000 lbs. Landing Weight $4.88/1,000 lbs.

Fuel Flowage Fee per gallon/per agmt $0.11
Non‐Fixed Based Operators Use: e.g. Mechanics, Instructors, etc. % of gross income if not paying rents & fees otherwise 7.75%
*Any filming conducted on runways or taxiways defined as the Movement Area by the Federal Aviation Administration will have a $2,500 per day additional fee on top of other rates.
**Basing an Aircraft in an Airport Hangar does not count as "tenancy" for purposes of Commercial activities. Tenancy requires ground lease, concession agreement or terminal office rental agreement
Airport
Fee Description Unit

4.24%
Adopted Fee
03/15/2022
Other Fees:

Automobile Parking; monthly per space $28
Airport Parking Lot Rental 100 Spaces  1/2 Parking Lot  $1063/day Ground Transportation ‐ Limousine; yearly per company $706 Gratuitous Transportation – Taxi Cab; yearly, negotiable vehicle $35 North GA or Terminal Ramp; hourly, 300 linear feet full width hourly $295 North GA or Terminal Ramp; day, 300 linear feet full width day $3,540 Taxiway A between H and J– North End; hourly hourly $295 Taxiway A between H and J– North End; daily day $3,540
Airport Technician Fully burdened hourly rate Fully burdened hourly rate Dump Truck, Sander, Grader, Loader hourly $201
Carpet Cleaning; includes equipment use +actual costs of City staff hourly + actual Fully burdened hourly rate Airport Lease Security Deposit (refundable deposit) each $782 Airport Key Card (refundable deposit) each $52
Lost/Stolen Key Card Replacement (non‐ refundable) each $52 Airport Hangar Key (refundable deposit) each $26
Lost/Stolen Hangar Key Card Replacement (non‐ refundable) each $26 ***Local Emergency Agency Partners conducting training exercises to improve interagency airport emergency response is exempted from use fees Building Qty Available Size Monthly Rent Monthly Rent
Daily Rate Aircraft Hangar Storage (not to exceed 30 continuous days rental) (When Available) All $43/day n/a Building A 3 42’ box – 1,560 sf $742  $1,060
1 48’ box – 1,920 sf $819  $1,256
1 60’ box – 3,600 sf $1,248  $2,212
Building B 7 45’ tees – 1,350 sf $646  $918
2 48’ tees – 1,480 sf $675  $990
2 Storage – 674 sf $364  $481
Building C 8 42’ tees – 1,071 sf $514  $730
2 42’ el – 1,271 sf $587  $854
1 Storage – 357 sf $152  $232
Building D 9 42’ tees – 1,071 sf $514  $730
1 42’ el – 1,271 sf $587  $854
1 Storage – 357 sf $152  $232
1 Storage – 525 sf $296  $380
Building E 10 42’ tees – 1,071 sf $514  $730
2 Storage – 525 sf $296  $380
Building F 4 48’ box – 1,920 sf $819  $1,256
Hangar F4* 1 48’ box – 1,920 sf $1,055  n/a
1 10' Box ‐ 800 sf $364  $523
Somermeier 1 61’ box – 3,111 sf $1,445  $2,095
Improper Hangar Use Penalty.  Tenants who represent to use the hangar for aeronautical purposes at a lower rate then use hangar for non‐aeronautical use Upon Complaint or Hangar
Inspection
Not Applicable if Tenant
notifies Airport Manager
that they intend to change
use from Aeronautical to
Non‐Aeronautical
$1,200 per occurrence +
Adjustment of rental
rate to non‐aeronautical
N/A
Rental rates listed above are based on a one‐year lease. All leases are short‐term leases (month‐to‐month) and all units are charged a flat monthly rate of $25 for electricity which is included in the monthly fee. These utility charges are based on average year‐round usage. Hangar F4 is used for Air Ambulance Operations and expends significant energy on heating the hangar. As a result, this hangar is charged a higher utility rate to cover the increased cost. *Hangar F4 has a higher rate due to significantly more energy consumption due heated hangar for air ambulance.

Airport (cont.)
The T‐Hangar complex is on a parcel of land approximately 275’x 663’ including the taxi lanes. There are six buildings with a total of 48 aircraft hangars and seven storage areas as follows:

Fee Description
Aeronautical Use
Adopted Fee
03/15/2022
Non Aeronautical
Use Adopted Fee
03/15/2022
Fee Description Unit

Adopted Fee
03/15/2022
Appeals per appeal $345
Document Printing and Copying, .10 per page plus postage document page $0.10 City Council Chambers Use Application Fee per application $25 City Council Chambers Rental, M‐F, 8‐5 p.m. per hour $40 Video Meeting Electronic File Transfer, 1 per Drive Thumb Drive $5 Verbatim Transcript Service actual outsource cost hourly or actual outsource cost Notary Service per signature   $15
Agenda Mailing Service, .10 per page plus postage agenda .10 per page plus postage Filming Application Fee application $178
Public Property Use Fee (for filming only) use $696
Temporary Sign Deposit (yard signs) campaign $158
Adopted Fee
03/15/2022
Business and Professions Tax Rates:

Schedule A (per $1,000 gross receipts) per 1,000 gross receipts $1.07 Schedule B (per $1,000 gross receipts) per 1,000 gross receipts $1.62 Schedule C (per $1,000 gross receipts) per 1,000 gross receipts $2.14 Schedule D (per $1,000 gross receipts) per 1,000 gross receipts $2.69 Schedule E (per $1,000 gross receipts) per 1,000 gross receipts $3.22 Schedule N (non‐profit 501(c)(3); veterans; etc.) n/a $0.00 Maximum Annual Amount of Tax (Measure B, June 2012) application $20,000 Administrative Fee – New license application (Including $11 Business License Technology Fee) application $77
Administrative Fee – New Business One Time 6 Month License Application application $38 Administrative Fee – Annual Renewal (Including Business License Technology Fee) application $60 AB1379 (amended SB1186; ADA info and access fee ‐ State of CA mandated; effective 1/1/2018 through 12/31/2023) per business certificate $4 Business License Technology Fee; collected with admin fee business application $11 Business License Certificate – duplicate copy certificate $18 Lien Release Fee lien Passed on to Seller through Escrow Administrative Fee for Delinquent Refuse Collections lien $79 TOT and Business License Reports:

Delinquent Tax Analysis per project At cost using fully burdened hourly rate Motel Tax Master (name/address listing) per report $57
Individual TOT Report per motel/per year $17
Vacation Home Rental Master Report per report $57
Vacation Home Rental Label Report per report $57 + cost of labels Business License Master Report, Standard Format per report $57 Business License Master Report Requiring Specific Formatting Due to Information Request per report $57 + fully burdened hourly rate
Business License Label Report per report $57 + cost of labels Miscellaneous Fees:

Returned Check (NSF) Processing per check $25
Geobase Information Service, Research per project At cost using fully burdened hourly rate Stop Payment Fee per check At cost using actual bank charge Fee Description Unit
Finance
City Clerk
Fee Description Unit

City of SLT Financial Policies – Strengthening Financial Position 1 Rev. February 2013 Financial Policies:

Strengthening Financial Position
To preserve General Fund revenues, the City will take proactive steps to strengthen its financial condition. The following policies shall guide those efforts.

A. Diversified Economy and Revenues

1. Preservation of Commercial and Industrial Development Opportunities
The City shall diversify its economic base by encouraging a broad range of private sector commercial and industrial employment.

While it is important to maintain an inventory of land zoned for residential use, the City shall carefully consider economic impacts before rezoning any commercial or industrial land to residential use.

The City Council shall be presented with an analysis of trend data comparing percentages of residential development to
commercial/industrial development.

2. Jobs/Housing Balance
The City shall promote an equal ratio of jobs to housing, and shall encourage the expansion of businesses that will provide opportunities for residents to work in the community.

3. Effect of Fees/Charges/Rates on Commercial and Industrial Development
In setting fees, charges, and/or rates on commercial and industrial development, the City shall evaluate the comparative fee structure of other neighboring jurisdictions. The City shall strive to implement fees, charges and/or rates that are competitive with other jurisdictions and that shall not have a negative impact on sales tax or other valuable sources of revenue.

B. Economic Incentives for Commercial and Industrial Development The City shall provide economic incentives for commercial and/or industrial development when such incentives shall lead to a positive economic return for the City in terms of jobs, workforce housing opportunities, enhanced revenues, a more diversified economic base, or enhanced transportation or other public services. Any economic incentive policies shall be attached as an Appendix to this document. 278
City of SLT Financial Policies – Strengthening Financial Position 2 Rev. February 2013 C. Intergovernmental Revenues

1. Grants
Grants from federal, state or private organizations are an appropriate and desirable means of enhancing available revenues. However, grant funding is rarely a long-term, stable economic base. Grant applications and subsequent grant awards shall be approved by the City Council. The City shall ensure that grant funding is appropriately leveraged to enhance City services as set forth in its Grant Funding and Compliance Policy. (See separate policy document).

2. State Shared Revenues
To protect against fluctuations in intergovernmental revenues, the City shall maintain 25 percent General Fund Committed fund balance as a reserve against unanticipated or uncontrollable reductions in state subventions.

D. User Fee Cost Recovery
The City provides certain services to its residents and businesses that are funded in whole or in part by fees that are intended to cover all or a portion of the cost of providing such services. To the extent User Fees do not cover the entire cost of providing such services; the General Fund subsidizes the additional expense. Careful examination of User Fees shall enhance the stability of the General Fund. The following policies shall be implemented to ensure that User Fees keep pace with changes in the cost-of-living as well as changes in methods or levels of service delivery.

1. General Principles
a. Revenues derived from User Fees shall not exceed the reasonable cost of providing the service.
b. Cost recovery goals shall be based on the total cost of delivering the service, including all direct costs, departmental
administration costs, and organization-wide support costs such as accounting, personnel, data processing, building and/or vehicle maintenance, and insurance.
279
City of SLT Financial Policies – Strengthening Financial Position 3 Rev. February 2013 c. The method of assessing and collecting fees shall be as simple as possible in order to reduce the administrative cost of collection. Although a high cost of recovery may be appropriate for specific services, if it is impractical or costly to charge the user, a lower level of cost recovery shall be appropriate. d. Fee levels shall be sensitive to the “market” for similar services, including the provision of services by private sector service or program providers. User Fees shall not be set so high that services shall not be used. Conversely, User Fees shall not be set so low that the City is stimulating a demand by artificially low prices. Specifically, the City shall carefully consider whether it is appropriate to provide services at a subsidized cost (or a cost that does not include all cost of services, such as room rental costs, building maintenance or personnel charges) if such services are available through the private sector.
e. Fee levels shall be sensitive to smaller, infrequent users of the service, for example, small businesses that may have less of an opportunity to recover the cost of User Fees through ordinary business income.
f. The level of cost recovery should consider the community-wide versus special benefit of the program or activity that is the subject of the User Fee. The use of general-purpose revenues shall be appropriate for community-wide services, while User Fees at some level shall be appropriate for services that are of special benefit to easily identified individuals or groups. (For example, it would be unusual to charge a User Fee for a community-wide event such as an Easter Egg Hunt, while it would be appropriate to charge a User Fee at some level for an adult recreational program with a limited number of participants.) g. The level of cost recovery shall consider the financial benefit to the service user, and whether the user is a service driver or a service recipient. In cases where there user benefits financially from the provision of the service, and the service would not be provided but for the expanded business or revenue
opportunities, the level of User Fee should more closely approximate 100% cost recovery. (For example, a developer receives financial benefit at the conclusion of the development review process, and the City would not provide the review of development applications but for the expanded business or revenue opportunity for the developer. While the community may be the actual service recipient of the review of development applications, the developer is the service driver.)
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2. Factors Favoring High Levels of Cost Recovery. High cost recovery levels are especially appropriate in the following circumstances:
a. The service is similar to services provided through the private sector.
b. Other private or public sector alternatives could or do exist for the delivery of the service.
c. The demand for the service is high and cost of service is needed as a mechanism to help control demand.
d. The cost of service can be used as a mechanism for
encouraging compliance with the law. (For example, police response to false burglary alarm calls.)
e. The service is regulatory and voluntary compliance is not expected to be the primary method of detecting failure to meet regulatory requirements. (For example, building permit, plan checks and subdivision review services.)

3. Factors Favoring Low Levels of Cost Recovery. In addition to the general policy considerations noted above, low cost recovery levels are appropriate in the following circumstances:
a. The program or services falls within the range of general public services which are provided to the community to promote the general safety, health and well-being of the community, and there is no intended relationship between the amount paid and the benefit received. (For example, police and fire services, general access to park facilities.)
b. The service is not generally available through private sources and is necessary to promote the general safety, health and wellbeing of the community. (For example, teen after school programs.)
c. The service is generally non-recurring, delivered on a “peak demand” or emergency basis, cannot reasonably be planned for on an individual basis, and is not readily available from a private sector source. (For example, police and fire services in response to emergencies.)
d. Collecting fees would discourage compliance with regulatory requirements and adherence to regulatory requirements is not 281
City of SLT Financial Policies – Strengthening Financial Position 5 Rev. February 2013 readily identified by the City. (For example, home-based business licenses.)

4. Periodic Adjustment of User Fees. A comprehensive analysis of User Fees shall be made at least every three years. In the interim, if applicable, fees shall be adjusted by no less than the amount of the annual change in the Consumer Price Index. Fees may also be adjusted more frequently based on supplemental analysis whenever there has been significant change in the method, level or cost of service delivery. A schedule reporting the rate of all User Fees shall be included as an Appendix to the budget, and the City Council may direct adjustment in User Fees as part of the annual budget process.

5. Development Review Programs. Cost recovery for development review programs shall be very high, and in most cases the goal for cost recovery should be 100%. The City shall also impose clear performance standards to ensure that there is high value for services rendered. This cost recovery principle applies to the following types of development review programs:
a. Planning (planned development permits, tentative and parcel maps, rezonings, general plan amendments, variances, use permits, etc.)
b. Building and safety inspections (building permits, structural plan checks, fire inspections, etc.)
c. Engineering (public improvement plan checks, inspections, subdivision requirements, encroachments, etc.)
E. Enterprise Fund Rates
Each of the enterprise funds shall be operated in a manner to fully cover the total direct and indirect costs (including operations, capital outlay and debt service) for operating such functions so as to avoid General Fund subsidies for enterprise operations.

1. Rates shall be reviewed on an annual basis and shall be adjusted as appropriate and equitable.

2. Rates charged for enterprise activities shall be compared periodically against rates charged by other public agencies for purposes of benchmarking cost of service and operations. Private contracting opportunities shall be evaluated as appropriate as a means of reducing expenses, while remaining in compliance with the City’s Purchasing Policies.
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City of SLT Financial Policies – Strengthening Financial Position 6 Rev. February 2013 F. Collections
The City shall implement a uniform collection program. The costs of this collection program shall be reviewed annually to ensure the total direct and indirect costs are fully covered. The costs shall be passed on to the delinquent customers as a penalty in the collection process.

The City’s options for collection are:
a. Property Liens. A lien shall be placed on the property should the owner fail to pay charges, penalties and interest charges.

Enforcement of liens shall be made in accordance with the applicable section of the City Code subject to delinquent payment, and may be initiated through a court ruling. Collections against property liens are typically done by issuing a warrant for enforcement or foreclosure proceeding in the case where a deed of trust has been secured by the City against the property, and may result in a sale pursuant to a writ of execution.
b. Special Assessments. A resolution must be presented to the City council to declare a special assessment on a delinquent customer’s real property. Upon passage and adoption a certified copy shall be recorded with the County Recorder’s office. The assessment shall be collected at the same time and in the same manner as ordinary municipal taxes. Special assessments are typically levied as a result of delinquent property assessments, non-payment of nuisance abatement costs or refuse fees. c. Withholding Entitlements. The City may withhold issuing any licenses, permits and other entitlements until payment for charges due, including penalties and interest is received. d. Collection Agency (other enforcement procedures). The City can take other actions allowed for enforcement of a civil judgment.

Collection agency fees shall be passed on to the customer through penalty and interest charges therefore avoiding gifting of public funds.
e. Closure of Business
The City Code allows for closure of a business for failure to comply with any provision of the Business Tax or Occupancy Tax chapters relating to the payment of monies due. Proper notice and due process shall be given to the business operator before closure.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 15, 2022
Agenda Item #: 9
Agenda Item: Proposed Amendments to Cannabis Ordinance and Public Safety License Ordinance Regarding On-site Consumption, Allowing increased Cultivation Canopy of 22,000 Square Feet, and Allowing Owners and Operators to Hold More Than One Non-Retail Permit Executive Summary: City Council will consider proposed amendments to the Cannabis Ordinance and Cannabis Public Safety License Ordinance. The proposed amendments would either allow (Version 1) or continue to prohibit (Version 2) on-site consumption at cannabis retailers, would allow increased indoor cultivation canopy size of up to 22,000 square feet with renewable energy and energy efficiency requirements, and would allow owners and operators of cannabis businesses to hold more than one non-retail permit.

Requested Action / Suggested Motions: 1) Pass a Motion finding that the 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act; and 2) Pass a Motion to hold a first reading (by title only) of Version 1 or Version 2 of an Ordinance amending Article X (Cannabis Regulations) of Chapter 6.55 of the South Lake Tahoe City Code, and refer second reading and adoption to the April 5, 2022 meeting; and (only if City Council holds a first reading of Version 1 of the ordinance allowing on-site consumption) (3) Pass a Motion to hold a first reading (by title only) of an Ordinance amending Chapter 4.180 (Cannabis Public Safety License Ordinance) to incorporate application process and operating requirements for on-site consumption.

Responsible Staff Member: Heather Stroud, City Attorney Responsible Staff Member: Heather Stroud, City Attorney (530) 542-6046 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Attachments:
01 - Staff Report.docx
02 - Cannabis Ordinance - Version 1 Allowing On-Site Consumption.docx 03 - Cannabis Ordinance - Version 2 Prohibiting On-Site Consumption.docx 04 - Public Safety License Ordinance - Regulating Onsite Consumption.docx 05 - Cannabis Ordinance Redline Version 1 Allowing On-Site Consumption.pdf 06 - Cannabis Ordinance Redline Version 2 Prohibiting On-Site Consumption.pdf 07 - Public Safety License Ordinance Redline Regulating Consumption Lounges.pdf 08 - PC Resolution 2022-001 Amendment to Proposed Cannabis Ordinance.pdf 09 - Public Notice in Tahoe Daily Tribune.pdf
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City Council Agenda Report- March 15, 2022 Page 1 of 5
City of South Lake Tahoe
Report to City Council
Meeting Date: March 15, 2022
Title: Proposed Amendments to Cannabis Ordinance and Public Safety License Ordinance Regarding On-site Consumption, Allowing Increased Cultivation Canopy of 22,000 Square Feet, and Allowing Owners and Operators to Hold More Than One Non-Retail Permit Location: Citywide
Responsible Staff Member: Heather L. Stroud, City Attorney (530) 542-6046 Background:

On February 5, 2019, City Council adopted Ordinance No. 2019-1126 (“Cannabis Ordinance”), which regulates cannabis businesses in order to ensure the health, safety, and welfare of the residents of and visitors to the City of South Lake Tahoe. On August 21, 2018, City Council adopted Ordinance No. 2018-1119 (“Public Safety License Ordinance”) to set forth the requirements for cannabis businesses to obtain a Public Safety License from the Police Department. Since then, the City has issued Cannabis Use Permits, Public Safety Licenses, and Development Agreements to five cannabis businesses to operate in the City, in addition to the existing dispensary (Tahoe Wellness Center). There are three permitted retailers with delivery:

Embarc Tahoe, Cannablue, and Tahoe Green, and two microbusinesses received permits: Perfect Union SLT and Redefining Organics. The existing dispensary and retailers are open for business and have been operating adult-use cannabis businesses under the Cannabis Ordinance.

Redefining Organics opened for business in November 2021, and the City Council terminated Perfect Union SLT’s Development Agreement and Cannabis Use Permit on June 15, 2021.

The Cannabis Subcommittee (Mayor Middlebrook and Councilmember Friedrich) reviewed the Cannabis Ordinance with staff and met with stakeholders including the cannabis businesses and members of the cannabis stakeholder group which was convened to assist with developing the Cannabis Ordinance in 2017-2018. In addition to the cannabis businesses, stakeholders participating in the meeting with the Cannabis Subcommittee on April 6, 2021, included representatives from Tahoe Alliance for Safe Kids, Lake Tahoe Unified School District, South Tahoe Chamber, Live Violence Free, and Boys and Girls Club of Lake Tahoe. The Cannabis Subcommittee sought and received feedback from stakeholders on the following proposed amendments to the Cannabis Ordinance: (1) allowing retailers to include on-site consumption lounges; (2) allowing permittees to hold more than one Cannabis Use Permit; (3) increasing the allowable canopy size for indoor cultivation; and (4) establishing a cannabis tax. The Cannabis Subcommittee also received generally positive feedback from stakeholders on the City’s existing regulations and the impact of the cannabis industry on the community including financial contributions to local organizations.

On May 18, 2021, the Cannabis Subcommittee presented its recommendations for amendments to the Cannabis Ordinance to City Council. At that time, City Council directed the Subcommittee 285
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and staff to hold a public workshop to receive input prior to bringing the discussion back to City Council. On June 22, 2021, the Subcommittee hosted a workshop via Zoom and received feedback on the City’s current cannabis regulations and operating cannabis businesses as well as the proposed amendments: (1) to allow consumption lounges at permitted cannabis retail businesses; (2) to allow cannabis businesses to hold more than one non-retail permit; and (3) to increase the maximum allowed canopy size for indoor cannabis cultivation from 5000 sq. ft. up to 22,000 sq. ft. The workshop was attended by 13 cannabis business owners and community members. Feedback received at the workshop was generally positive.

On October 19, 2021, staff brought the results of the public workshop back to City Council for direction. City Council members expressed some concern about allowing on-site consumption at this time as there are not currently robust alternative transportation options available for customers who may become impaired, and there are still no measurable limits for testing cannabis impairment while driving, unlike alcohol. Ultimately, however, Council directed staff to draft an ordinance to be brought back for consideration to include on-site consumption, allowing cannabis businesses to hold more than one non-retail permit, and increase the maximum allowed canopy size. Accordingly, two versions of the ordinance were drafted for consideration: one allowing onsite consumption (Version 1) and one continuing to prohibit it (Version 2). If Version 1 of the ordinance is selected, then amendments to other parts of the South Lake Tahoe City Code would be required, including the Public Safety License Ordinance (Chapter 4.180) and Clean Indoor Air and Health Protection (Chapter 4.100).

In addition to these changes, minor updates are included in both Version 1 and Version 2 of the ordinance to reflect changes in state law including the creation of the Department of Cannabis Control and amendments to some of the statutory definitions included in the ordinance.

On February 10, 2022, the Planning Commission considered both versions of the Ordinance, and adopted a resolution recommending that City Council adopt Version 1 of the ordinance to allow on-site consumption. The Planning Commission also recommended that the ordinance include energy efficiency and renewable energy requirements for businesses taking advantage of the increased cultivation canopy size. Both versions of the ordinance for City Council consideration include this change.

Issue and Discussion:

On-Site Consumption
Several of the retail businesses have indicated interest in pursuing on-site consumption, and the stakeholders generally did not have concerns. Some of the stakeholders who work with children are in favor of allowing on-site consumption because it allows parents a safe space to consume cannabis outside of the home. Another benefit would be to provide an alternative to reduce illegal consumption in public and reduce smoking or vaping by visitors in hotel rooms. The main concern with on-site consumption expressed would be customers leaving after consuming cannabis products and driving while impaired.

If permitted by the local jurisdiction, on-site consumption is allowed under state law (Business & Professions Code section 26200(g)) in accordance with the following requirements:
 Must have state license as cannabis retailer or microbusiness with retail component  Access restricted to customers age 21 and up
 No alcohol or tobacco may be sold or consumed on premises 286
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 Consumption of cannabis cannot be visible from a public place or non-restricted area Cities in California that have allowed on-site consumption include West Hollywood, Eureka, Desert Hot Springs, San Francisco, Berkeley, and Oakland. Staff has reached out to these cities for feedback and lessons learned. Desert Hot Springs and Oakland have just recently allowed on-site consumption and do not have business operating yet.

Version 1 of the proposed ordinance includes the following provision previously recommended by City Council:
 Permitted retailers and microbusinesses with a retail component may apply to add an onsite consumption lounge indoors within their existing retail cannabis business footprint by applying to amend their Public Safety License.
 Permitted retailers and microbusinesses with retail component may apply to add an on-site consumption lounge expanding the existing retail cannabis business footprint by applying to amend their Cannabis Use Permit, in addition to amending their Public Safety License as described above.
 The related changes to the Public Safety License Ordinance (Chapter 4.180) include the following provisions. A first reading of the changes to the Public Safety License should also be held if City Council elects to move forward with Version 1 of the amendments to the Cannabis Ordinance.
o Hours of operation limited to end by 2:00am (consistent with closing time for bars), with sales to end by 10:00pm as required by state law
o Ventilation plan designed to prevent flow of smoke to all other areas of retail establishment and neighboring businesses and properties o Plan for adequate security and lighting to protect safety of patrons o Measures to prevent loitering in outdoor areas including parking lot o Employee of cannabis business must be present in consumption area at all times o Employee training on assisting customers to avoid overconsumption of edibles required
o Applicants required to cut off service to impaired patrons and provide option for safe ride home for customers such as shuttle, taxi, or ride-share service  Opened and unfinished cannabis products must be securely repackaged before leaving the site
 Cannabis products ingested, smoked, or vaped in consumption lounges must be purchased on-site
 Consumption lounge must be a separate indoor space, or separate outdoor space not visible to the public and situated and ventilated to prevent odors perceptible to neighboring properties, with separate entrance from retail store
 Related changes to the Clean Indoor Air and Health Protection Ordinance (Chapter 4.100) would be required to allow smoking at permitted cannabis retailers in a consumption lounge which is physically separated from the rest of the premises, in compliance with state law. If City Council elects to move forward with on-site consumption, amendments to the Chapter

4.100 will be brought back to City Council at a later date.

Allowing Permittees to Hold Multiple Permits
South Lake Tahoe City Code section 6.55.740(A)(3) currently prohibits an owner and/or operator of a cannabis business from owning or operating more than one cannabis business within the 287
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City. The Council previously provided direction to allow permittees to hold more than one permit, except that retail permittees should continue to be allowed to hold only one retail permit. The Council also provided direction to allow the open permit types to be combined into additional microbusinesses, and allowing these microbusinesses to include a distribution component. As amended, the City would have open permits for retail (1), cultivation (2), and manufacturing (4), which could be combined into one or more microbusinesses with a distribution component. Both Version 1 and Version 2 of the proposed ordinance make these changes.

Increasing Maximum Cultivation Size
The maximum canopy size for cultivators is currently limited to 5,000 square feet for cultivation permits and 10,000 square feet for microbusiness permits under South Lake Tahoe City Code sections 6.55.800(C)(2) and (E)(3), respectively. The City Council provided direction to increase the allowable canopy size for cultivation permits to be consistent with the limits for “medium indoor” cultivation in state law, which is 22,000 square feet of total canopy under 4 Cal. Code Regs. section 16201(d). The City’s limit for microbusinesses is already consistent with the state limit. The Department of Cannabis Control regulations in 4 Cal. Code Regs. sections 16304 through 16310 require cultivators to comply with environmental protection measures, renewable energy requirements, and pest management measures. The revisions recommended by the Planning Commission are incorporated to require renewable energy and energy efficiency measures for businesses taking advantage of the increased canopy size. Both Version 1 and Version 2 of the proposed ordinance make these changes.

Financial Implications:

The proposed amendments to the Cannabis Ordinance could result in additional revenue to the City if they result in additional business activities, in the form of additional community benefit fees, sales tax, and a cannabis tax, if adopted.

Environmental Considerations:

Both versions of the proposed amendments to the Cannabis Ordinance would allow for additional or expanded cannabis business activities, however they do not change the intensity or density of cannabis business uses beyond what is currently allowed in Table 6.55.740. The proposed ordinance is consistent with the 2030 General Plan policies. The 2030 General Plan Environmental Impact Report (EIR) adequately addresses the potential environmental impacts of the proposed ordinance. The General Plan EIR is available on the City website at:
https://www.cityofslt.us/575/General-Plan. No further environmental analysis is required under California Environmental Quality Act (CEQA) Guidelines section 15162 because the proposed ordinance is within the scope of the previous EIR and there are no substantial changes to the project or the circumstances that require major revisions to the previous EIR due to new significant environmental effects not discussed in the previous EIR, significant effects previously examined that would be more severe, or mitigation measures or alternatives previously found not to be feasible that would substantially reduce one or more significant effects.

The proposed amendments to the Public Safety License Ordinance are exempt from review under CEQA under CEQA Guidelines section 15301 (Existing Facilities) because they involve operational and safety requirements at existing cannabis businesses with minor alterations of existing structures and no expansion of retail floor area used.

Policy Implications:

Applicable General Plan policies include:
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Policy LU‐5.1: Locally Serving Commercial
The City shall ensure that commercial uses are responsive to the needs and wishes of the community and encourage users to shop locally, which will reduce Vehicle Miles Traveled (VMT) from purchasing items outside the Lake Tahoe Basin.

Policy ED‐1.1: High‐Tech and Environmentally-Sustainable Business The City shall support programs and activities that promote business/job retention, expansion, and new business/job development including high‐tech and environmentallysustainable businesses.

Policy ED‐1.7: Year‐Round Community
The City shall provide economic incentives and regulatory reform that support an economically diverse and prosperous year‐round community for city residents and visitors alike. 289
Ordinance 2022-XXX March 15, 2022 Page 1 of 9
Ordinance 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
April 5, 2022
An Ordinance Amending Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code to Allow On-Site Consumption at Cannabis Retailers, to Increase Allowed Canopy Size of Indoor Cultivation to 22,000 Square Feet, and to Allow Owners and Operators to Hold More Than One NonRetail Permit

FINDINGS
A. On February 5, 2019, the City Council adopted Ordinance No. 2019-1126 (“Cannabis Ordinance”), which regulates cannabis businesses in order to ensure the health, safety, and welfare of the residents of and visitors to the City of South Lake Tahoe.

B. On May 18 and October 19, 2021, the City Council conducted public meetings to solicit public comment on and discuss potential amendments to the Cannabis Ordinance.

C. On October 19, 2021, the City Council provided direction to staff to draft amendments to the Cannabis Ordinance to be brought back for consideration in early 2022.

D. On February 10, 2022, the Planning Commission conducted a duly noticed public hearing to consider amendments to the Cannabis Ordinance and the associated environmental analysis.

E. The Planning Commission adopted Resolution No. 2022-001 recommending that City Council adopt amendments to the Cannabis Ordinance to allow on-site consumption at cannabis retailers, increase allowed canopy size of indoor cultivation to 22,000 square feet, and to allow owners and operators to hold more than one non-retail permit. Planning Commission also recommended that the ordinance be amended to require that cannabis cultivators taking advantage of the increased canopy size between 5,000 and 22,000 square feet be required to implement renewable energy and energy efficiency measures.

Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:

SECTION 1. Section 6.55.710 (Definitions) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

For the purposes of this article, the following words and phrases shall have the following meanings:
“Applicant” means any person who is required to file an application for a cannabis use permit and development agreement to operate a cannabis business under this article, including without limitation an individual owner, operator, or agent of a cannabis business. 290
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“Cannabis” shall have the meaning set forth in Section 26001(e) of the Business and Professions Code and as subsequently amended.
“Cannabis business” shall include:
a. Any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity takes place.
b. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license under Business and Professions Code Section 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis manufacture, cannabis testing and cannabis retail sales, and the operation of a cannabis microbusiness. “Cannabis product” shall have the same meaning as in Section 11018.1 of the Health and Safety Code.
“Canopy” means all areas occupied by any portion of a cannabis plant, encompassing all vertical planes (i.e., stacking of plants), whether contiguous or noncontiguous on any one site. The canopy shall be measured by taking the longest length and widest width of existing plants (including all gaps, walkways, and open areas between plants) and multiplying the longest length by the longest width to get the area of the cannabis canopy. Each level of a stacked cultivation will be calculated as a separate canopy.
“Commercial cannabis activity” shall include the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or acting as a cannabis event organizer for temporary cannabis events.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Cultivator” means any cannabis business engaged in cultivation activities, but specifically excluding cultivation in a private residence or accessory dwelling unit authorized pursuant to SLTCC 6.55.720. “Day care center” shall have that meaning as set forth Section 1596.76 of the Health and Safety Code.
“Delivery” means the commercial transfer of cannabis or cannabis products to a customer or patient. “Delivery” also includes the use by a retailer of any technology platform. “Delivery operation” means a cannabis business that engages in or otherwise provides deliveries. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
“Distributor” means any cannabis business engaged in distribution. “Drug paraphernalia” shall have the meaning set forth in California Health and Safety Code Section 11014.5, and as subsequently amended.
“Edible cannabis product” means cannabis that is intended to be used, in whole or in part, for human consumption.
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“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Identification card” shall have the meaning set forth in California Health and Safety Code Section 11362.712, and as may be amended from time to time.
“Manufacture” means to compound, blend, extract, infuse, package, label, or otherwise make or prepare a cannabis product.
“Manufacturer” means any cannabis business that conducts any activities involving the manufacture of a cannabis product.
“Medicinal cannabis” or “medicinal cannabis product” shall have the meaning set forth in California Business and Professions Code Section 26001(ai), which includes cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses a physician’s recommendation.
“Medical marijuana dispensary” shall mean a cooperative or collective of four or more members associating at a particular location or real property to cooperatively distribute cannabis to members for medical purposes and that operates on a not-for-profit basis. “Microbusiness” means a cannabis business that engages in commercial cannabis activities of at least three of the following types of cannabis businesses: retailer, distributor, manufacturer, cultivator. “Operator” shall mean any person responsible for management of the cannabis business; any person listed as an officer, director, manager, or member in the Statement of Information filed with the Secretary of State for a cannabis business; any person listed in a governing document for a cannabis business, such as bylaws, articles of incorporation, or operating agreement; any person owning an interest in the cannabis business, unless the interest is solely a security, lien, or encumbrance; and any person that supervises an employee of the cannabis business. “Owner” shall have that meaning set forth in Section 26001(am) of the Business and Professions Code and as it may be amended.
“Package” or “packaging” means any container or wrapper that may be used for enclosing or containing any cannabis products. The term “package” does not include any shipping container or outer wrapping used solely for the transportation of cannabis products in bulk quantity to another licensee or licensed premises.
“Park” shall mean any land, with public access, intended to provide recreation. For the purposes of this article, “park” also includes public beaches.
“Permittee” shall mean any person issued a cannabis use permit under this article. “Physician” shall mean a licensed medical doctor, including a doctor of osteopathic medicine as defined in the California Business and Professions Code. “Property” shall mean the designated structure or structures and land specified in the cannabis use permit application that is owned, leased or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. “Retailer” means any cannabis business that engages in the sale of cannabis or cannabis products to customers, including medical and adult-use cannabis or cannabis products. 292
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“School” means any public or private school providing instruction in kindergarten or any of grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
“State cannabis laws” means and includes California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program); California Business and Professions Code Section 26000 et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted by the Department of Cannabis Control; any license issued by the Department of Cannabis Control; and all other applicable laws of the state of California regulating cannabis or cannabis products. “Testing laboratory” means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products.
“Youth centers” shall mean any youth center, as defined in Section 11353.1(e)(2) of the Health and Safety Code, any playground, as defined in Section 11353.1(e)(1) of the Health and Safety Code, and any child day care facility, as that term is defined in Section 1596.750 of the Health and Safety Code.

SECTION 2. Subsection 6.55.740(A) (Cannabis Businesses Allowed) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is amended to read as follows:

A. Cannabis Businesses Allowed.

1. Only those types of cannabis businesses set forth in this section shall be allowed within the city:
a. Retailers.
b. Microbusinesses.
c. Testing labs.
d. Cultivators.
e. Manufacturers.
f. Distributors.
g. Delivery operations.
h. Existing permitted medical marijuana dispensaries, subject to SLTCC 6.55.840.

Any and all cannabis businesses, activities, nonprofits, associations, enterprises, collectives, cooperatives or dispensaries not expressly described herein are expressly prohibited. Temporary cannabis events are prohibited within the city.

2. No more than one cannabis business may exist in the same suite or unit on a lot or parcel of property.
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3. An owner and/or operator of a cannabis business may not own or operate more than one retail cannabis business, including a microbusiness with a retailer component, within the city.

4. No more than four retailers are permitted in the city, including microbusinesses with a retailer component.

5. No more than two microbusinesses are permitted in the city, unless after the application period referenced in SLTCC 6.55.750(C) there are open permits for retailers, cultivators, manufacturers, or distributors, in which case the city council may adopt a resolution to reopen the application period to allow additional microbusinesses combining the open permit types.

6. No more than two cultivators are permitted in the city.

7. No more than four manufacturers are permitted in the city.

8. Distributors are permitted in the city only as part of a microbusiness, unless one or more of the permitted microbusinesses do not include a distributor component, in which case a distributor shall be permitted for each microbusiness without a distributor component.

9. Medical marijuana dispensaries operating under SLTCC 6.55.840 shall not be considered in determining the number of retailers, microbusinesses, manufacturers, distributors, or cultivators allowed under subsections (A)(4) through (A)(8) of this section. The maximum number of cannabis businesses permitted under the numerical limitations set forth in subsections (A)(4) through (A)(8) of this section are in addition to any medical marijuana dispensaries operating under SLTCC 6.55.840.

SECTION 3. Subsection 6.55.760(B) (Supplemental Findings – Cannabis Testing Laboratory) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

B. Supplemental Findings – Cannabis Testing Laboratory. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a testing lab:

1. The owners, permittees, operators, and employees of the testing lab will not be associated with any other form of commercial cannabis activity.

2. The testing lab meets the accreditation requirements set forth in Business and Professions Code Section 26100(h) and any applicable regulations enacted by the Department of Cannabis Control.

3. The testing lab operating plan demonstrates proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.

SECTION 4. Subsection 6.55.760(C) (Supplemental Findings – Cultivators) of Article X of Chapter

6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

C. Supplemental Findings – Cultivators. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city 294
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council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a cultivator:

1. The cultivation of cannabis for commercial purposes shall only be cultivated within a fully enclosed space.

2. The cultivation of cannabis for commercial purposes shall be limited to 22,000 square feet of total canopy size per property.

3. The cultivation of cannabis will be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides.

4. The applicant for cultivation of cannabis with a total canopy size greater than 5,000 square feet per property has submitted documentation that electrical power used for commercial cannabis activity meets the average electricity greenhouse gas emissions intensity required by the local utility provider pursuant to the California Renewables Portfolio Standard Program, and has submitted an energy efficiency plan showing measures being taken to minimize energy consumption in lighting, HVAC, and dehumidifying equipment.

SECTION 5. Subsection 6.55.760(D) (Supplemental Findings – Manufacturers) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

D. Supplemental Findings – Manufacturers. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a manufacturer:

1. The manufacturer shall be limited to 2,500 square feet of fully enclosed space.

2. The manufacturer shall not undertake any volatile extraction activities, and shall only conduct the operations authorized under the “Type 6,” “Type N,” or “Type P” license categories, as defined in the Department of Cannabis Control regulations, Title 4 of the California Code of Regulations, Section 17006, as may be amended.

SECTION 6. Subsection 6.55.800(A)(13) (On-Site Consumption) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

13. On-Site Consumption. On-site consumption is allowed at permitted retailers and microbusinesses with a retailer component upon approval of an amended Public Safety License under Section 4.180.050 and, if the addition of on-site consumption increases the floor area used for retail, approval of an amended Cannabis Use Permit under SLTCC section 6.55.800(B)(2).

SECTION 7. Subsection 6.55.800(B)(4) (Hours of Operation) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

4. Hours of Operation. Retailers may only operate during the hours between 6:00 a.m. through 10:00 p.m., except that authorized on-site consumption areas may operate until 2:00 a.m. with no cannabis sales after 10:00 p.m. The planning commission may further restrict a retailer’s days and hours of operation as a condition of a cannabis use permit. A retailer shall post its approved days and hours of operation on a sign located on the street frontage of the cannabis business in a manner consistent with the city’s sign regulations.
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SECTION 8. Subsection 6.55.800(C) (Supplemental Conditions – Cultivators) of Article X of Chapter

6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

C. Supplemental Conditions – Cultivators. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis cultivation operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Outdoor commercial cultivation prohibited. The cultivation of cannabis for commercial purposes may only be cultivated within a fully enclosed space.

2. The cultivation of cannabis for commercial purposes shall be limited to 22,000 square feet of total canopy size per property.

3. The cultivation of cannabis must be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides. Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging).

4. Screening. Cannabis plants shall not be visible from any location beyond the property.

5. Cultivators shall maintain either the “Type 1A” (specialty indoor), “Type 1B” (specialty mixedlight), “Type 1C” (specialty cottage), “Type 2A” (small indoor), “Type 2B”) (small mixed-light), “Type 3A” (indoor), “Type 3B” (mixed-light) or “Type 4” (nursery) licenses as defined in Business and Professions Code Section 26061, and issued by the Department of Cannabis Control, at all times of operation.

6. Cultivators may not engage in retail sales at the same property as cultivation.

SECTION 9. Subsection 6.55.800(E)(2) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

2. Microbusinesses undertaking manufacturing activity shall utilize only extraction processes that employ nonvolatile solvents for the purposes of extracting cannabinoids and processes that are recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act. Microbusinesses undertaking manufacturing activity shall maintain a license of the “Type 6,” “Type N,” or “Type P” license categories, as defined in Title 4 of the California Code of Regulations, Section 17006, as may be amended.

SECTION 10. Subsection 6.55.800(F) (Supplemental Conditions – Manufacturers) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

F. Supplemental Conditions – Manufacturers. In addition to each of the conditions of operation set forth in subsection (A) of this section, manufacturers shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Manufacturers shall not engage in on-site retail sales of cannabis or cannabis products.

2. Manufacturers shall utilize only extraction processes that employ nonvolatile solvents and are recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act.

3. Standard of Equipment. Manufacturing, processing, and analytical testing devices used by manufacturers must be UL (Underwriters Laboratories) listed or otherwise certified by an 296
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approved third party testing agency or engineer and approved for the intended use by the city’s building official and fire code official.

4. Food Handler Certification. All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be state-certified food handlers.

The valid certificate number of each such owner, employee, volunteer, or other individual must be on record at the property where the individual participates in the production of edible cannabis products.

5. Edible Cannabis Product Manufacturing. Manufacturers that sell or manufacture edible cannabis products shall obtain a county health permit to sell and/or manufacture edible cannabis products. Permit holders shall comply with county health permit requirements.

6. The manufacturer shall maintain a manufacturer license of “Type 6,” “Type N,” or “Type P” license categories, as defined in Title 4 of the California Code of Regulations, Section 17006, as may be amended.

SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 12. The City Council finds that the 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act (CEQA), and CEQA Guidelines section 15162 because the proposed ordinance is within the scope of the previous EIR and there are no substantial changes to the project or the circumstances that require major revisions to the previous EIR due to new significant environmental effects, new information of substantial importance that shows the project will have significant effects not discussed in the previous EIR, significant effects previously examined would be more severe, or mitigation measures or alternatives previously found not to be feasible would substantially reduce one or more significant effects.

SECTION 13. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 14. This Ordinance shall become effective 30 days following its adoption.

Yes:

No:

Abstain:

Absent:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
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________________________
Susan Blankenship, City Clerk
First Reading:

Published:

Effective:
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Ordinance 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
April 5, 2022
An Ordinance Amending Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code to Continue to Prohibit On-Site Consumption at Cannabis Retailers, to Increase Allowed Canopy Size of Indoor Cultivation to 22,000 Square Feet, and to Allow Owners and Operators to Hold More Than One Non-Retail Permit

FINDINGS
A. On February 5, 2019, the City Council adopted Ordinance No. 2019-1126 (“Cannabis Ordinance”), which regulates cannabis businesses in order to ensure the health, safety, and welfare of the residents of and visitors to the City of South Lake Tahoe.

B. On May 18 and October 19, 2021, the City Council conducted public meetings to solicit public comment on and discuss potential amendments to the Cannabis Ordinance.

C. On October 19, 2021, the City Council provided direction to staff to draft amendments to the Cannabis Ordinance to be brought back for consideration in early 2022.

D. On February 10, 2022, the Planning Commission conducted a duly noticed public hearing to consider amendments to the Cannabis Ordinance and the associated environmental analysis.

E. The Planning Commission adopted Resolution No. 2022-001 recommending that City Council adopt amendments to the Cannabis Ordinance to continue to allow on-site consumption at cannabis retailers, increase allowed canopy size of indoor cultivation to 22,000 square feet, and to allow owners and operators to hold more than one non-retail permit. Planning Commission also recommended that the ordinance be amended to require that cannabis cultivators taking advantage of the increased canopy size between 5,000 and 22,000 square feet be required to implement renewable energy and energy efficiency measures.

Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:

SECTION 1. Section 6.55.710 (Definitions) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

For the purposes of this article, the following words and phrases shall have the following meanings:
“Applicant” means any person who is required to file an application for a cannabis use permit and development agreement to operate a cannabis business under this article, including without limitation an individual owner, operator, or agent of a cannabis business. 299
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“Cannabis” shall have the meaning set forth in Section 26001(e) of the Business and Professions Code and as subsequently amended.
“Cannabis business” shall include:
a. Any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity takes place.
b. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license under Business and Professions Code Section 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis manufacture, cannabis testing and cannabis retail sales, and the operation of a cannabis microbusiness. “Cannabis product” shall have the same meaning as in Section 11018.1 of the Health and Safety Code.
“Canopy” means all areas occupied by any portion of a cannabis plant, encompassing all vertical planes (i.e., stacking of plants), whether contiguous or noncontiguous on any one site. The canopy shall be measured by taking the longest length and widest width of existing plants (including all gaps, walkways, and open areas between plants) and multiplying the longest length by the longest width to get the area of the cannabis canopy. Each level of a stacked cultivation will be calculated as a separate canopy.
“Commercial cannabis activity” shall include the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or acting as a cannabis event organizer for temporary cannabis events.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Cultivator” means any cannabis business engaged in cultivation activities, but specifically excluding cultivation in a private residence or accessory dwelling unit authorized pursuant to SLTCC 6.55.720. “Day care center” shall have that meaning as set forth Section 1596.76 of the Health and Safety Code.
“Delivery” means the commercial transfer of cannabis or cannabis products to a customer or patient. “Delivery” also includes the use by a retailer of any technology platform. “Delivery operation” means a cannabis business that engages in or otherwise provides deliveries. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
“Distributor” means any cannabis business engaged in distribution. “Drug paraphernalia” shall have the meaning set forth in California Health and Safety Code Section 11014.5, and as subsequently amended.
“Edible cannabis product” means cannabis that is intended to be used, in whole or in part, for human consumption.
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“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Identification card” shall have the meaning set forth in California Health and Safety Code Section 11362.712, and as may be amended from time to time.
“Manufacture” means to compound, blend, extract, infuse, package, label, or otherwise make or prepare a cannabis product.
“Manufacturer” means any cannabis business that conducts any activities involving the manufacture of a cannabis product.
“Medicinal cannabis” or “medicinal cannabis product” shall have the meaning set forth in California Business and Professions Code Section 26001(ai), which includes cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses a physician’s recommendation.
“Medical marijuana dispensary” shall mean a cooperative or collective of four or more members associating at a particular location or real property to cooperatively distribute cannabis to members for medical purposes and that operates on a not-for-profit basis. “Microbusiness” means a cannabis business that engages in commercial cannabis activities of at least three of the following types of cannabis businesses: retailer, distributor, manufacturer, cultivator. “Operator” shall mean any person responsible for management of the cannabis business; any person listed as an officer, director, manager, or member in the Statement of Information filed with the Secretary of State for a cannabis business; any person listed in a governing document for a cannabis business, such as bylaws, articles of incorporation, or operating agreement; any person owning an interest in the cannabis business, unless the interest is solely a security, lien, or encumbrance; and any person that supervises an employee of the cannabis business. “Owner” shall have that meaning set forth in Section 26001(am) of the Business and Professions Code and as it may be amended.
“Package” or “packaging” means any container or wrapper that may be used for enclosing or containing any cannabis products. The term “package” does not include any shipping container or outer wrapping used solely for the transportation of cannabis products in bulk quantity to another licensee or licensed premises.
“Park” shall mean any land, with public access, intended to provide recreation. For the purposes of this article, “park” also includes public beaches.
“Permittee” shall mean any person issued a cannabis use permit under this article. “Physician” shall mean a licensed medical doctor, including a doctor of osteopathic medicine as defined in the California Business and Professions Code. “Property” shall mean the designated structure or structures and land specified in the cannabis use permit application that is owned, leased or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. “Retailer” means any cannabis business that engages in the sale of cannabis or cannabis products to customers, including medical and adult-use cannabis or cannabis products. 301
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“School” means any public or private school providing instruction in kindergarten or any of grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
“State cannabis laws” means and includes California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program); California Business and Professions Code Section 26000 et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted by the Department of Cannabis Control; any license issued by the Department of Cannabis Control; and all other applicable laws of the state of California regulating cannabis or cannabis products. “Testing laboratory” means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products.
“Youth centers” shall mean any youth center, as defined in Section 11353.1(e)(2) of the Health and Safety Code, any playground, as defined in Section 11353.1(e)(1) of the Health and Safety Code, and any child day care facility, as that term is defined in Section 1596.750 of the Health and Safety Code.

SECTION 2. Subsection 6.55.740(A) (Cannabis Businesses Allowed) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is amended to read as follows:

A. Cannabis Businesses Allowed.

1. Only those types of cannabis businesses set forth in this section shall be allowed within the city:
a. Retailers.
b. Microbusinesses.
c. Testing labs.
d. Cultivators.
e. Manufacturers.
f. Distributors.
g. Delivery operations.
h. Existing permitted medical marijuana dispensaries, subject to SLTCC 6.55.840.

Any and all cannabis businesses, activities, nonprofits, associations, enterprises, collectives, cooperatives or dispensaries not expressly described herein are expressly prohibited. Temporary cannabis events are prohibited within the city.

2. No more than one cannabis business may exist in the same suite or unit on a lot or parcel of property.
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3. An owner and/or operator of a cannabis business may not own or operate more than one retail cannabis business, including a microbusiness with a retailer component, within the city.

4. No more than four retailers are permitted in the city, including microbusinesses with a retailer component.

5. No more than two microbusinesses are permitted in the city, unless after the application period referenced in SLTCC 6.55.750(C) there are open permits for retailers, cultivators, manufacturers, or distributors, in which case the city council may adopt a resolution to reopen the application period to allow additional microbusinesses combining the open permit types.

6. No more than two cultivators are permitted in the city.

7. No more than four manufacturers are permitted in the city.

8. Distributors are permitted in the city only as part of a microbusiness, unless one or more of the permitted microbusinesses do not include a distributor component, in which case a distributor shall be permitted for each microbusiness without a distributor component.

9. Medical marijuana dispensaries operating under SLTCC 6.55.840 shall not be considered in determining the number of retailers, microbusinesses, manufacturers, distributors, or cultivators allowed under subsections (A)(4) through (A)(8) of this section. The maximum number of cannabis businesses permitted under the numerical limitations set forth in subsections (A)(4) through (A)(8) of this section are in addition to any medical marijuana dispensaries operating under SLTCC 6.55.840.

SECTION 3. Subsection 6.55.760(B) (Supplemental Findings – Cannabis Testing Laboratory) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

B. Supplemental Findings – Cannabis Testing Laboratory. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a testing lab:

1. The owners, permittees, operators, and employees of the testing lab will not be associated with any other form of commercial cannabis activity.

2. The testing lab meets the accreditation requirements set forth in Business and Professions Code Section 26100(h) and any applicable regulations enacted by the Department of Cannabis Control.

3. The testing lab operating plan demonstrates proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.

SECTION 4. Subsection 6.55.760(C) (Supplemental Findings – Cultivators) of Article X of Chapter

6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

C. Supplemental Findings – Cultivators. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city 303
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council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a cultivator:

1. The cultivation of cannabis for commercial purposes shall only be cultivated within a fully enclosed space.

2. The cultivation of cannabis for commercial purposes shall be limited to 22,000 square feet of total canopy size per property.

3. The cultivation of cannabis will be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides.

4. The applicant for cultivation for cultivation of cannabis with a total canopy size greater than 5,000 square feet per property has submitted documentation that electrical power used for commercial cannabis activity meets the average electricity greenhouse gas emissions intensity required by the local utility provider pursuant to the California Renewables Portfolio Standard Program, and has submitted an energy efficiency plan showing measures being taken to minimize energy consumption in lighting, HVAC, and dehumidifying equipment.

SECTION 5. Subsection 6.55.760(D) (Supplemental Findings – Manufacturers) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

D. Supplemental Findings – Manufacturers. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a manufacturer:

1. The manufacturer shall be limited to 2,500 square feet of fully enclosed space.

2. The manufacturer shall not undertake any volatile extraction activities, and shall only conduct the operations authorized under the “Type 6,” “Type N,” or “Type P” license categories, as defined in the Department of Cannabis Control regulations, Title 4 of the California Code of Regulations, Section 17006, as may be amended.

SECTION 6. Subsection 6.55.800(A)(13) (On-Site Consumption) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

13. On-Site Consumption. On-site consumption is prohibited.

SECTION 7. Subsection 6.55.800(C) (Supplemental Conditions – Cultivators) of Article X of Chapter

6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

C. Supplemental Conditions – Cultivators. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis cultivation operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Outdoor commercial cultivation prohibited. The cultivation of cannabis for commercial purposes may only be cultivated within a fully enclosed space.

2. The cultivation of cannabis for commercial purposes shall be limited to 22,000 square feet of total canopy size per property.
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3. The cultivation of cannabis must be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides. Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging).

4. Screening. Cannabis plants shall not be visible from any location beyond the property.

5. Cultivators shall maintain either the “Type 1A” (specialty indoor), “Type 1B” (specialty mixedlight), “Type 1C” (specialty cottage), “Type 2A” (small indoor), “Type 2B”) (small mixed-light), “Type 3A” (indoor), “Type 3B” (mixed-light) or “Type 4” (nursery) licenses as defined in Business and Professions Code Section 26061, and issued by the Department of Cannabis Control, at all times of operation.

6. Cultivators may not engage in retail sales at the same property as cultivation.

SECTION 8. Subsection 6.55.800(E)(2) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

2. Microbusinesses undertaking manufacturing activity shall utilize only extraction processes that employ nonvolatile solvents for the purposes of extracting cannabinoids and processes that are recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act. Microbusinesses undertaking manufacturing activity shall maintain a license of the “Type 6,” “Type N,” or “Type P” license categories, as defined in Title 4 of the California Code of Regulations, Section 17006, as may be amended.

SECTION 9. Subsection 6.55.800(F) (Supplemental Conditions – Manufacturers) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

F. Supplemental Conditions – Manufacturers. In addition to each of the conditions of operation set forth in subsection (A) of this section, manufacturers shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Manufacturers shall not engage in on-site retail sales of cannabis or cannabis products.

2. Manufacturers shall utilize only extraction processes that employ nonvolatile solvents and are recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act.

3. Standard of Equipment. Manufacturing, processing, and analytical testing devices used by manufacturers must be UL (Underwriters Laboratories) listed or otherwise certified by an approved third party testing agency or engineer and approved for the intended use by the city’s building official and fire code official.

4. Food Handler Certification. All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be state-certified food handlers.

The valid certificate number of each such owner, employee, volunteer, or other individual must be on record at the property where the individual participates in the production of edible cannabis products.

5. Edible Cannabis Product Manufacturing. Manufacturers that sell or manufacture edible cannabis products shall obtain a county health permit to sell and/or manufacture edible cannabis products. Permit holders shall comply with county health permit requirements. 305
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6. The manufacturer shall maintain a manufacturer license of “Type 6,” “Type N,” or “Type P” license categories, as defined in Title 4 of the California Code of Regulations, Section 17006, as may be amended.

SECTION 10. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 11. The City Council finds that the 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act (CEQA), and CEQA Guidelines section 15162 because the proposed ordinance is within the scope of the previous EIR and there are no substantial changes to the project or the circumstances that require major revisions to the previous EIR due to new significant environmental effects, new information of substantial importance that shows the project will have significant effects not discussed in the previous EIR, significant effects previously examined would be more severe, or mitigation measures or alternatives previously found not to be feasible would substantially reduce one or more significant effects.

SECTION 12. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 13. This Ordinance shall become effective 30 days following its adoption.

Yes:

No:

Abstain:

Absent:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading:

Published:

Effective:
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Ordinance 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
April 5, 2022
An Ordinance Amending Chapter 4.180 (Cannabis Public Safety License Ordinance) of the South Lake Tahoe City Code to Regulate On-Site Consumption at Cannabis Retailers

FINDINGS
A. On July 17, 2018, the City Council adopted Ordinance No. 2018-1119 (“Public Safety License Ordinance”), which established the requirement for cannabis businesses to obtain a Public Safety License to operate in order to ensure the health, safety, and welfare of the residents of the City of South Lake Tahoe.

B. The City Council has held a first reading of an Ordinance amending Article X of Chapter 6.55 (Cannabis Regulations) to allow on-site consumption at cannabis retailers, among other things.

The amendments to the Public Safety License Ordinance are necessary to establish permitting and operating requirements for on-site consumption.

Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:

SECTION 1. Section 4.180.020 (Definitions) of Chapter 4.180 (Cannabis Public Safety License Ordinance) of the South Lake Tahoe City Code is hereby amended to read as follows:

As used in this chapter:
“Applicant” means any person who is required to file an application for issuance of a cannabis public safety license to operate a cannabis business under this chapter, including without limitation an individual owner, operator, or agent of a cannabis business. “Application for renewal” shall mean an application for a renewed cannabis public safety license, which application may be submitted by a licensee.
“Cannabis” shall have the meaning set forth in Cal. Bus. & Prof. Code § 26001(e) and as subsequently amended.
“Cannabis business” shall include:
a. Any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity takes place.
b. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license under Cal. Bus. & Prof. Code § 26000 and following, including but not limited to cannabis 307
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cultivation, cannabis distribution, cannabis manufacturing, cannabis testing and cannabis retail sales, and the operation of a cannabis microbusiness.
“Cannabis products” shall have the meaning set forth in Cal. Bus. & Prof. Code § 26001(i) and as subsequently amended.
“Cannabis use permit” shall mean a use permit issued for the operation of a cannabis business pursuant to Article X of Chapter 6.55 SLTCC.
“Commercial cannabis activity” shall include the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or acting as a cannabis event organizer for temporary cannabis events.
“Cultivation” shall mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Licensee” shall mean the cannabis business owner identified to the city as such, and to whom a city cannabis public safety license has been issued.
“Operator” shall mean any person responsible for management of the cannabis business; any person listed as an officer, director, manager, or member in statement of information filed with the Secretary of State for a cannabis business; any person listed in a governing document for a cannabis business, such as bylaws, articles of incorporation, or operating agreement; any person owning an interest in the cannabis business, unless the interest is solely a security, lien, or encumbrance; and any person that supervises an employee of the cannabis business.
“Owner” shall have that meaning set forth in Cal. Bus. & Prof. Code § 26001(am) and as it may be amended.
“Permittee” shall mean any person issued a cannabis use permit under Article X of Chapter 6.55 SLTCC.
“Police chief” shall mean the chief of the city of South Lake Tahoe police department. “Property” shall mean the designated structure or structures and land specified in the cannabis use permit application that is owned, leased or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. “State cannabis laws” means and includes Cal. Health & Safety Code §§ 11362.1 through 11362.45; Cal. Health & Safety Code § 11362.5 (Compassionate Use Act of 1996); Cal. Health & Safety Code §§ 11362.7 through 11362.83 (Medical Marijuana Program); Cal. Bus. & Prof. Code § 26000 et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; Cal.

Labor Code § 147.5; Cal. Rev. & Tax. Code §§ 34010 through 34021.5; Cal. Fish and Game Code § 12029; Cal. Water Code § 13276; all state regulations adopted by the Department of Cannabis Control; any license issued by the Department of Cannabis Control; and all other applicable laws of the state of California regulating cannabis or cannabis products. “State license” shall mean a license from the Department of Cannabis Control issued pursuant to Division 10 of the Cal. Bus. & Prof. Code.
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SECTION 2. Subsection 4.180.030(C) (Conditions of Operation) of the South Lake Tahoe City Code is amended to read as follows:

C. Conditions of Operation.

1. Security Plan. A licensee shall provide adequate security on the premises of the cannabis business. The following minimum security standards shall be maintained at all times:
a. Surveillance System.
i. Each cannabis business shall be monitored at all times by a digital closed-circuit television surveillance system. Surveillance systems shall meet any applicable state law requirements, including those set forth in Title 4 of the California Code of Regulations, § 15044, and any subsequently enacted regulation. The camera and video recording surveillance system must be capable of providing surveillance of both interior and exterior areas of the cannabis business and must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the property.

The recordings shall be maintained at the cannabis business or other location accessible to the police department for a period of not less than ninety (90) days. ii. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under camera/video surveillance.
iii. The surveillance system recordings shall be maintained in such manner as to allow remote access by the police department. The police chief may request that the permittee provide secured electronic access to video feeds of the surveillance system in real time, to be provided via an online portal or through other software deemed acceptable to the police chief.
b. Loitering Adjacent to a Cannabis Business. Licensees shall take reasonable measures to reduce loitering by cannabis business members, patrons, guests and invitees in public areas, sidewalks, alleys and areas surrounding the property and adjacent premises during the business hours of the cannabis business.
c. Identification Verification System. Each cannabis business shall require identification upon entry to the cannabis business and shall implement electronic verification of identification provided to ensure that applicable age restrictions in SLTCC 6.55.800(A)(5) are complied with.
d. On-site Consumption. If a retail cannabis business includes an on-site consumption area, adequate security and lighting shall be provided for the on-site consumption area to protect the safety of patrons and protect the premises from theft.

2. Nuisances Prohibited. A licensee shall take reasonable steps to correct objectionable conditions that constitute a nuisance on any public sidewalk or public space abutting the cannabis business premises.
a. For purposes of this section, “objectionable conditions that constitute a nuisance” means public consumption of cannabis or cannabis products, disturbance of the peace, drug trafficking, disposing of litter or trash, or excessive loud noise. b. For purposes of this section, “reasonable steps” means all of the following:
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i. Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed as evidence of objectionable conditions that constitute a nuisance. ii. Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feels that their personal safety would be threatened in making that request. iii. Making good faith efforts to remove items that facilitate loitering, such as furniture, except those structures approved or permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that facilitate loitering.

3. On-site Consumption Operations. A licensee with an on-site consumption area shall maintain the following operating conditions, in addition to the other operating conditions in this Subsection C, at all times:
a. No persons under 21 years of age shall be allowed in the on-site consumption area.

Employees shall notify patrons verbally and through posting of a conspicuous sign that entry into the premises by persons under the age of 21 is prohibited. b. Hours of operation for cannabis sales shall be limited to 6:00am to 10:00pm, and hours of operation in the on-site consumption area shall end no later than 2:00am, or as further limited by the cannabis use permit.
c. The licensee shall implement a ventilation plan to prevent the flow of smoke to all other areas of the cannabis business and neighboring businesses and properties, such that odor generated is not detected outside the consumption area. d. The licensee shall provide employee training on how to assist customers to avoid overconsumption of edibles. This training must include information about various products the consumption area sells, such as potency, absorption time, and effects. e. A responsible employee of the cannabis business must be present in the on-site consumption area at all times when it is open to customers. f. Cannabis products ingested, smoked, or vaped in an on-site consumption lounge must be purchased on-site.
g. An employee of the cannabis business must securely repackage a customer’s opened and unfinished cannabis products before the customer leaves the on-site consumption area. h. The sale or consumption of alcohol or tobacco products is not allowed on the premises. i. A licensee allowing smoking or vaping shall comply with SLTCC 4.100 (Clean Air and Health Protection).
j. Employees must cut off service to impaired customers and provide an option for a safe ride home, such as a shuttle, taxi, or ride-share service.

4. State License Required to Operate. Operation of a cannabis business shall not commence until a licensee has obtained a valid state license. Licensees shall maintain a valid state license at all times during operation of a cannabis business.
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SECTION 3. Subsection 4.180.040(B) (Application Filing Requirements) of the South Lake Tahoe City Code is hereby amended to read as follows:

B. Application Filing Requirements. A complete cannabis public safety license application or application for renewal or amendment along with all required fees and materials required by this chapter shall be submitted in order for a person, entity, and/or business to be considered for a cannabis public safety license. All cannabis public safety license applications or applications for renewal or amendment shall be filed with the chief of police using forms and authorizations provided by the city.

1. Eligibility for Filing. Public safety license applications and applications for renewal or amendment shall be filed by the owner and/or operator of the cannabis business.

2. Cannabis public safety license applications and applications for renewal or amendment shall include:
a. For each licensee, owner, operator and employee of the cannabis business, a fully legible copy of one valid government-issued form of photo identification, such as a state driver’s license or identification card. Acceptable forms of government-issued identification include, but are not limited to, driver’s license or photo identity cards issued by the State Department of Motor Vehicles (or equivalent), a passport issued by the United States or by a foreign government, U.S. Military ID cards (active duty or retired military and their dependents) or a permanent resident card.
b. If the cannabis business is incorporated, a certified copy of the articles of organization, certificate(s) of amendment, bylaws, and statement(s) of information filed with the California Secretary of State for the cannabis business.
c. If the cannabis business is a limited liability company, a certified copy of the articles of organization, certificate(s) of amendment, operating agreement, bylaws, and statement(s) of information filed with the California Secretary of State for the cannabis business. d. If the cannabis business is an unincorporated association, a copy of the articles of association and any filings made with the California Secretary of State. e. The name, address, electronic mail address and mobile phone number of the applicant’s or licensee’s current designated agent for service of process. f. Emergency Contact. The name, electronic mail address, and mobile phone number of an owner, operator, or manager to act as an on-site community relations staff person to whom the city may provide notice of any operating problems associated with the cannabis business. g. A statement dated and signed by each applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct.

3. In addition to a completed public safety license application or application for renewal, applicants or licensees shall provide and submit the following information to the chief of police:
a. The applicant and each owner, operator and employee shall consent to fingerprinting and a criminal background investigation, and shall undergo fingerprinting and a criminal background investigation.
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b. Security Plans. Applicants shall provide a plan to provide adequate security on the premises of the cannabis business. The plan shall include standards showing the cannabis business’s ability to comply with the conditions of SLTCC 4.180.030(C).

SECTION 4. Section 4.180.050 (Public Safety License and Public Safety License Renewal – Approval and Denial) is hereby amended to read as follows:

4.180.050 Public safety license issuance, renewal, and amendment – Approval and denial.

A. Criteria for Issuance. Cannabis public safety license applications or applications for renewal or amendment shall be approved where the chief of police confirms that the following criteria have been met:

1. The applicant and each owner, operator and employee of the cannabis business have authorized and completed fingerprinting.

2. The applicant and each owner, operator and employee of the cannabis business have authorized the use of their fingerprinting results to run a state and nationwide criminal background check.

3. The results of the criminal background checks establish that the applicant, owner(s), operator(s), and employees have not been convicted of an offense that is substantially related to the qualifications, functions, or duties of a cannabis business.

The following offenses are substantially related to the qualifications, functions, or duties of a cannabis business:
a. A violent felony conviction, as specified in Cal. Penal Code § 667.5(c). b. A serious felony conviction, as specified in Cal. Penal Code § 1192.7(c). c. A felony conviction involving fraud, deceit, or embezzlement. d. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
e. A felony conviction for drug trafficking with enhancements pursuant to Cal. Health & Safety Code § 11370.4 or 11379.8.
f. Conviction for any controlled substance felony subsequent to licensure shall be grounds for revocation of a license or denial of the renewal of a license.

4. The applicant has not been convicted, cited, fined, or penalized by the state or any city, county, or city and county, or enjoined by any court of law, in the five years immediately preceding the application for a cannabis public safety license or cannabis public safety renewal license, for any unauthorized cannabis activities.

5. The applicant has not been convicted, cited, fined, or penalized by the state or any city, county, or city and county, or enjoined by any court of law, in the five years immediately preceding the application for a cannabis public safety license or cannabis public safety renewal license, for cultivation or production of a controlled substance on public or private lands. 312
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6. Security Plan. The applicant or licensee has provided a security plan providing the minimum standards set forth in SLTCC 4.180.030(C)(1).

7. Minimum Age. The applicant or licensee, and each owner, operator and employee of the cannabis business, is at least 21 years of age.

B. In addition to the criteria in subsection A, the chief of police shall approve amendments to cannabis public safety licenses to allow on-site consumption at retailers where the chief of police confirms the following criteria have been met:

1. The applicant has provided a site plan shows the area designated for on-site consumption is physically separated and has a separate secure entrance from the retail storefront, and the area designated for on-site consumption is not visible from a public space and is situated and ventilated to prevent odors perceptible to neighboring properties.

2. If the site plan shows that adding an on-site consumption area will result in expansion of the area for retail use permitted by the cannabis use permit, the planning commission has approved an amendment to the cannabis use permit allowing the enlargement of retail space under SLTCC

6.55.760.

3. The applicant has provided an updated security plan providing the minimum standards set forth in SLTCC 4.180.030(C)(1)(d).

4. The applicant has provided an operations plan providing the minimum standards set forth in SLTCC 4.180.030(C)(3).

C. Criteria for Denial. Cannabis public safety licenses shall not be issued, renewed, or amended where the chief of police confirms that one or more of the criteria set forth in subsection (A) or (B) of this section have not been met. If the chief of police denies the cannabis public safety license application or application for renewal or amendment, he or she shall specify in writing the reasons for the denial of the application or application for renewal, and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to subsection (D) of this section.

D. Appeal from Chief of Police Determination. An applicant who disagrees with the chief of police’s decision to approve or deny a cannabis public safety license application or application for renewal or amendment may appeal the decision to the city council in accordance with the appeal provisions of Chapter 2.35 SLTCC, Administrative Appeals.

SECTION 5. Subsection 4.180.070(A)(6) of the South Lake Tahoe City Code is hereby amended to read as follows:

6. Results of a criminal background check establish that a licensee, owner(s), operator(s), and/or employee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of a cannabis business, as set forth in SLTCC 4.180.050(A)(3).

SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. 313
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SECTION 7. The City Council finds that proposed amendments to the Public Safety License Ordinance are exempt from review under CEQA under CEQA Guidelines section 15301 (Existing Facilities) because they involve operational and safety requirements at existing cannabis businesses with minor alterations of existing structures and no expansion of retail floor area used.

SECTION 8. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 9. This Ordinance shall become effective 30 days following its adoption.

Yes:

No:

Abstain:

Absent:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
First Reading:

Published:

Effective:
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6.55.700 Purpose and intent.

It is the purpose and intent of this article to regulate the cultivation, manufacturing, testing, and sales of medical and adult-use cannabis in order to ensure the health, safety, and welfare of the residents of the city of South Lake Tahoe. The regulations in this article are meant to ensure compliance with the state cannabis laws and are not intended to and do not interfere with a patient’s right to use medical cannabis as authorized by the state cannabis laws. Nor do these regulations criminalize the possession or cultivation of cannabis for medical or nonmedical purposes as permitted by the state cannabis laws. Cannabis businesses within the city must comply with all provisions of the city code for obtaining permits for a cannabis business and must comply with the state cannabis laws and all other applicable local and state laws.

6.55.710 Definitions.

For the purposes of this article, the following words and phrases shall have the following meanings:
“Applicant” means any person who is required to file an application for a cannabis use permit and development agreement to operate a cannabis business under this article, including without limitation an individual owner, operator, or agent of a cannabis business. “Cannabis” shall have the meaning set forth in Section 26001(fe) of the Business and Professions Code and as subsequently amended.
“Cannabis business” shall include:
a. Any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity takes place.
b. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license under Business and Professions Code Section 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis manufacture, cannabis testing and cannabis retail sales, and the operation of a cannabis microbusiness. “Cannabis product” shall have the same meaning as in Section 11018.1 of the Health and Safety Code.
“Canopy” means all areas occupied by any portion of a cannabis plant, encompassing all vertical planes (i.e., stacking of plants), whether contiguous or noncontiguous on any one site. The canopy shall be measured by taking the longest length and widest width of existing plants (including all gaps, walkways, and open areas between plants) and multiplying the longest length by the longest width to get the area of the cannabis canopy. Each level of a stacked cultivation will be calculated as a separate canopy.
“Commercial cannabis activity” shall include the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or acting as a cannabis event organizer for temporary cannabis events.
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“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Cultivator” means any cannabis business engaged in cultivation activities, but specifically excluding cultivation in a private residence or accessory dwelling unit authorized pursuant to SLTCC 6.55.720.
“Day care center” shall have that meaning as set forth Section 1596.76 of the Health and Safety Code.
“Delivery” means the commercial transfer of cannabis or cannabis products to a customer or patient. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer.
“Delivery operation” means a cannabis business that engages in or otherwise provides deliveries. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
“Distributor” means any cannabis business engaged in distribution. “Drug paraphernalia” shall have the meaning set forth in California Health and Safety Code Section 11014.5, and as subsequently amended.
“Edible cannabis product” means cannabis that is intended to be used, in whole or in part, for human consumption.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Identification card” shall have the meaning set forth in California Health and Safety Code Section 11362.712, and as may be amended from time to time. “Manufacture” means to compound, blend, extract, infuse, package, and label, or otherwise make or prepare a cannabis product.
“Manufacturer” means any cannabis business that conducts any activities involving the manufacture of a cannabis product.
“Medicinal cannabis” or “medicinal cannabis product” shall have the meaning set forth in California Business and Professions Code Section 26001(ai), which includes cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses a physician’s recommendation. “Medical marijuana dispensary” shall mean a cooperative or collective of four or more members associating at a particular location or real property to cooperatively distribute cannabis to members for medical purposes and that operates on a not-for-profit basis. 316
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“Microbusiness” means a cannabis business that engages in commercial cannabis activities of at least three of the following types of cannabis businesses: retailer, distributor, manufacturer, cultivator.
“Operator” shall mean any person responsible for management of the cannabis business; any person listed as an officer, director, manager, or member in the Statement of Information filed with the Secretary of State for a cannabis business; any person listed in a governing document for a cannabis business, such as bylaws, articles of incorporation, or operating agreement; any person owning an interest in the cannabis business, unless the interest is solely a security, lien, or encumbrance; and any person that supervises an employee of the cannabis business. “Owner” shall have that meaning set forth in Section 26001(a)(lm) of the Business and Professions Code and as it may be amended.
“Package” or “packaging” means any container or wrapper that may be used for enclosing or containing any cannabis products. The term “package” does not include any shipping container or outer wrapping used solely for the transportation of cannabis products in bulk quantity to another licensee or licensed premises.
“Park” shall mean any land, with public access, intended to provide recreation. For the purposes of this article, “park” also includes public beaches.
“Permittee” shall mean any person issued a cannabis use permit under this article. “Physician” shall mean a licensed medical doctor, including a doctor of osteopathic medicine as defined in the California Business and Professions Code. “Property” shall mean the designated structure or structures and land specified in the cannabis use permit application that is owned, leased or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. “Retailer” means any cannabis business that engages in the sale of cannabis or cannabis products to customers, including medical and adult-use cannabis or cannabis products. “School” means any public or private school providing instruction in kindergarten or any of grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
“State cannabis laws” means and includes California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program); California Business and Professions Code Section 26000 et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted pursuant to MAUCRSAby the 317
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Department of Cannabis Control; any license issued pursuant to MAUCRSAby the Department of Cannabis Control; and all other applicable laws of the state of California regulating cannabis or cannabis products.
“Testing laboratory” means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products.
“Youth centers” shall mean any youth center, as defined in Section 11353.1(e)(2) of the Health and Safety Code, any playground, as defined in Section 11353.1(e)(1) of the Health and Safety Code, and any child day care facility, as that term is defined in Section 1596.750 of the Health and Safety Code.

6.55.720 Residential cultivation of cannabis.

A. No person or entity may cultivate cannabis in any residence in the city, except that a person may cultivate no more than six living cannabis plants inside his or her private residence or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry; provided, that the owner of the property provides written consent expressly allowing the cannabis cultivation to occur, there is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation, and the cultivation complies with Health and Safety Code Section 11362.2(a)(3), as it may be amended.

B. Amortization of Existing Residential Cultivation Permits. All residential cultivation permits previously issued by the city are hereby deemed amortized and are null and void.

C. No Vested Rights. No person(s) shall have any vested rights to any permit, right or interest under this article, regardless of whether such person(s) cultivated cannabis prior to adoption of the ordinance codified in this article.

D. Public Nuisances. Cultivation shall not create a public nuisance and adversely affect the health or safety of persons residing in or near the residence where the cultivation occurs. A public nuisance may be deemed to exist if cultivation produces:

1. Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby properties or areas open to the public;

2. More than three substantiated responses to valid confirmed complaints in a one-year time period to the residence from law enforcement officers;

3. More than three disruptions in a one-year time period to the free passage of persons or vehicles in the neighborhood;

4. Excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby properties or areas open to the public in accordance with SLTCC 4.70.160;

5. Adverse effects to health or safety through creation of mold, mildew, dust, glare, heat, noise, noxious gases, odor, smoke, traffic, parking, vibration, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes. 318
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E. Environment. Runoff and waste disposal by the residence where cultivation occurs must be in compliance with any applicable city, county, regional, state, and federal laws and regulations. A violation of any applicable city, county, regional, state, or federal law will be deemed a violation of this article.

F. Cultivation of cannabis in residences shall be in conformance with the following requirements:

1. Cultivation shall only occur in fully enclosed and secure structures. All outdoor cultivation of cannabis is strictly prohibited.

2. Cultivation shall only occur in residences which are in full compliance with the city code, including the building code and fire code.

3. No cooking, baking, or alteration as to form and substance of cannabis for commercial purposes, and/or sale, is permitted in a residence which cultivates cannabis.

4. From a public right-of-way, there shall be no exterior evidence of cannabis cultivation occurring at the residence.

6.55.730 Cannabis businesses – Use permit, development agreement, and public safety license required.

It shall be unlawful for any person to engage in, to conduct or carry on (or to permit to be engaged in, conducted or carried on) in or upon property located within the city, the operation of a cannabis business unless that person has first obtained and continues to maintain in full force and effect: a valid cannabis use permit issued by the city for that property, a development agreement with the city for use of the property as a cannabis business, and a valid cannabis public safety license issued by the city to the owner and/or operator of the cannabis business, pursuant to Chapter 4.180 SLTCC.

6.55.740 Cannabis businesses – General provisions.

A. Cannabis Businesses Allowed.

1. Only those types of cannabis businesses set forth in this section shall be allowed within the city:
a. Retailers.
b. Microbusinesses.
c. Testing labs.
d. Cultivators.
e. Manufacturers.
f. Distributors.
g. Delivery operations.
h. Existing permitted medical marijuana dispensaries, subject to SLTCC 6.55.840. 319
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Any and all cannabis businesses, activities, nonprofits, associations, enterprises, collectives, cooperatives or dispensaries not expressly described herein are expressly prohibited.

Temporary cannabis events are prohibited within the city.

2. No more than one cannabis business may exist in the same suite or unit on a lot or parcel of property.

3. An owner and/or operator of a cannabis business may not own or operate more than one retail cannabis business, including a microbusiness with a retailer component, within the city.

4. No more than two four retailers are permitted in the city, unless one or both of the permitted microbusinesses do not include a retailer component, in which case an additional retailer shall be permitted for each microbusiness without a retailer component, up to a limit of no more than four retailers in the cityincluding microbusinesses with a retailer component.

5. No more than two microbusinesses are permitted in the city, unless after the application period referenced in SLTCC 6.55.750(C) there are open permits for retailers, cultivators, manufacturers, or distributors, in which case the city council may adopt a resolution to reopen the application period to allow additional microbusinesses combining the open permit types.

6. No more than two cultivators are permitted in the city.

7. No more than four manufacturers are permitted in the city.

8. No dDistributors are permitted in the city, only as part of a microbusiness, unless one or both more of the permitted microbusinesses do not include a distributor component, in which case a distributor shall be permitted for each microbusiness without a distributor component, up to a limit of no more than two distributors in the city.

9. Medical marijuana dispensaries operating under SLTCC 6.55.840 shall not be considered in determining the number of retailers, microbusinesses, manufacturers, distributors, or cultivators allowed under subsections (A)(4) through (A)(8) of this section. The maximum number of cannabis businesses permitted under the numerical limitations set forth in subsections (A)(4) through (A)(8) of this section are in addition to any medical marijuana dispensaries operating under SLTCC 6.55.840.

B. Limitations on Location.

1. Permissible Zoning. Subject to limitations described in this article and other parts of SLTCC Title 6, and applicable regulations of the Tahoe Regional Planning Agency, cannabis businesses may operate only in a location where such land use will be consistent with the land uses authorized under the applicable area plan, plan area statement, and/or community plan for such location. Table 6.55.740 sets forth the applicable permissible use categories for each type of cannabis business.
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Table 6.55.740
City Cannabis
Business Type
TRPA Permissible
Use Categories
a. Retailers
(including delivery
operations)
“food and beverage
retail sales” and
“general merchandise
stores”
b. Microbusinesses
i. Retailer See a.
ii. Distributor See f.
iii.

Manufacturer
See e.
iv. Cultivator See d.
c. Testing labs “industrial services”
d. Cultivators “industrial services”
e. Manufacturers “food and kindred
products” and “small
scale manufacturing”*
f. Distributors “wholesale and
distribution”
* The applicable TRPA permissible use category for a manufacturer will depend on the type of cannabis product being manufactured.

2. Areas and Zones Where Cannabis Businesses Are Not Permitted. a. Notwithstanding subsection (B)(1) of this section, a cannabis business may not operate on a parcel or lot located within 1,000 feet of a school, or 600 feet of a youth center, or 600 feet of a day care center, or 150 feet of any park, any religious institution, any residential or outpatient drug or alcohol treatment facility licensed by the State Department of Health Care Services, or hospital, that is in existence at the time the cannabis use permit is issued.

Distances under this subsection shall be calculated as a straight line from any parcel line of the property on which the cannabis business is located to the parcel line of the real property on which the facility, building, or structure, or portion of the facility, building or structure, in which the listed use occurs or is located. Locational restrictions shall apply to an entire parcel if any portion of the parcel is located within the applicable buffer distance.
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b. Cannabis businesses may not operate on a parcel or lot located within a residential designated land use area, as depicted in the city’s general plan.

C. Transfer of Cannabis Use Permits.

1. Permit – Site Specific. A permittee shall not operate a cannabis business under the authority of a cannabis use permit at any place other than the parcel and specified address of the cannabis business stated in the application for the permit. All permits issued by the city pursuant to this article shall be nontransferable to a different location.

2. Transfer of a Permitted Cannabis Business. A permittee shall not transfer ownership or control of a cannabis business or attempt to transfer a cannabis use permit to another person unless and until the transferee obtains an amendment to the cannabis use permit from the planning commission to the permitting requirements of this article stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the development services department in accordance with all provisions of this article accompanied by the required transfer review application deposit.

3. Request for Transfer with a Revocation or Suspension Pending. No cannabis use permit may be transferred (and no permission for a transfer may be issued) when the development services department has notified the permittee in writing that the permit has been or may be suspended or revoked for noncompliance with this chapter and a notice of such suspension or revocation has been provided.

4. Transfer without Permission. Any attempt to transfer a cannabis use permit either directly or indirectly in violation of this chapter is declared void, and the permit shall be deemed revoked.

6.55.750 Cannabis use permit application requirements.

A. Cannabis Public Safety License. Applicants seeking a cannabis use permit and development agreement to operate a cannabis business within the city shall first submit an application for a cannabis public safety license. Upon the chief of police’s, or his/her designee’s, approval of the application for a cannabis public safety license, the applicant may submit an application for a cannabis use permit and development agreement to operate a cannabis business.

B. Except as set forth in this article, applications for cannabis use permits shall be processed consistent with Article VII (Use Permits and Variances). The city manager, or his/her designee, may recommend, and the city council may establish by resolution, any necessary procedures and application requirements.

C. Use Permits for Retailers, Cultivators, Manufacturers, Distributors, and Microbusinesses.

Because only a limited number of retailers, cultivators, manufacturers, distributors, and microbusinesses are permitted, an application period for these businesses shall be established that allows the city to select the best applicants for negotiation of a development agreement.

Such applicants shall be placed on a qualified applicant list. The process and selection criteria for selection of the best applicants to be placed on the qualified applicant list shall be established by resolution of the city council.
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D. Applications shall include a requirement that applicants demonstrate owner consent to operate a cannabis business on the property. Applications for cannabis retailers shall also include a statement as to whether the use will include delivery of cannabis and cannabis products to locations outside the retailer’s property. If delivery services will be provided, the application shall describe the operational plan and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in this article and state law.

E. Site Plan. Applicants shall submit a site plan that shall include a floor plan, and a scaled premises diagram showing the boundaries of the cannabis business and property with all boundaries, dimensions, entrances and exits, interior partitions and walls, with labeling of each room, windows and common shared entryways. If the proposed cannabis business consists of only a portion of the property, the diagram shall be labeled indicating which part of the property is the proposed cannabis business and what the remaining property is used for.

F. Cost Recovery. Every application for a cannabis use permit shall be accompanied by a deposit (in an amount established by resolution of the city council) and the applicant shall replenish such deposit at the request of the city to allow for recovery of the city’s full cost of reviewing and issuing said permit and preparing and considering a development agreement.

6.55.760 Review, issuance, and/or denial of cannabis use permit applications.

A. Criteria for Issuance. In addition to the required findings for issuance of a special use permit in SLTCC 6.55.620(B), the planning commission, or the city council on appeal, shall make all of the following findings in determining whether to grant, modify, or deny a cannabis use permit for any cannabis business:

1. If the cannabis business is a microbusiness, retailer, manufacturer, distributor, or cultivator, the applicant is on the qualified applicant list established and maintained by the city.

2. The cannabis use permit application is complete and the applicant has submitted all information and materials required.

3. The proposed location of the cannabis business will comply with the buffer requirements in SLTCC 6.55.740(B) and is not likely to have a potentially adverse effect on the health, peace, or safety of persons due to the proximity of the proposed cannabis business to a school, youth center, park, church, state licensed drug or alcohol treatment facility, or hospital.

4. The proposed location of the cannabis business is not likely to have a potentially adverse effect on the health, peace, or safety of persons due to the proposed cannabis business’s proximity to another existing or permitted cannabis business, and no significant nuisance issues or problems are likely or anticipated.

5. The design of the cannabis business is compatible with the city’s design guidelines.

6. The property is located on a property which is consistent with all development standards of this title.
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7. The location is not prohibited under the provisions of this title or any local or state law, statute, rule, or regulation.

8. The cannabis business will not violate any provision of the SLTCC or condition imposed by a city-issued permit, or any provision of any other local or state law, regulation, or order, or any condition imposed by permits issued in compliance with those laws.

9. The site plan for the cannabis business has incorporated features necessary to assist in reducing potential nuisance and crime-related problems. These features may include, but are not limited to, procedures for allowing entry; reduction of opportunities for congregating and obstructing public ways and neighboring property; and limiting furnishings and features that encourage loitering and nuisance behavior.

B. Supplemental Findings – Cannabis Testing Laboratory. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a testing lab:

1. The owners, permittees, operators, and employees of the testing lab will not be associated with any other form of commercial cannabis activity.

2. The testing lab meets the accreditation requirements set forth in Business and Professions Code Section 26100(gh) and any applicable regulations enacted by the Bureau Department of Cannabis Control.

3. The testing lab operating plan demonstrates proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.

C. Supplemental Findings – Cultivators. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a cultivator:

1. The cultivation of cannabis for commercial purposes shall only be cultivated within a fully enclosed space.

2. The cultivation of cannabis for commercial purposes shall be limited to 522,000 square feet of total canopy size per property.

3. The cultivation of cannabis will be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides.

4. The applicant for cultivation of cannabis with a total canopy size greater than 5,000 square feet per property has submitted documentation that electrical power used for commercial cannabis activity meets the average electricity greenhouse gas emissions intensity required by the local utility provider pursuant to the California Renewables Portfolio Standard 324
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Program, and has submitted an energy efficiency plan showing measures being taken to minimize energy consumption in lighting, HVAC, and dehumidifying equipment.

D. Supplemental Findings – Manufacturers. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a manufacturer:

1. The manufacturer shall be limited to 2,500 square feet of fully enclosed space.

2. The manufacturer shall not undertake any volatile extraction activities, and shall only conduct the operations authorized under the “Type 6,” “Type N,” or “Type P” license categories, as defined in the California Department of Public HealthDepartment of Cannabis Control regulations, Title 17 4 of the California Code of Regulations, Section 4011817006, as may be amended.

E. Criteria for Denial. The planning commission shall deny an application that meets any one of the following criteria:

1. Any supervisor, employee, or person having a 10 percent or more financial interest in the cannabis business has been convicted of a felony or a drug-related misdemeanor reclassified by Section 1170.18 of the California Penal Code (Proposition 47) within the past 10 years. A conviction within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea of nolo contendere;

2. Any person who is listed on the application or is an owner or operator, is a licensed physician making patient recommendations for medical cannabis pursuant to Section 11362.7 of the Health and Safety Code;

3. Any person who is listed on the application or is an owner or operator is less than 21 years of age;

4. The proposed cannabis business does not comply with the provisions of this article or state cannabis laws; and

5. The planning commission is unable to make a required finding contained in this section.

F. Planning Commission Determination. If the planning commission, by a majority vote of a quorum of commissioners, denies the application, the planning commission shall specify in writing the reasons for the denial of the application, and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to Chapter 2.35 SLTCC.

G. Use Permit and License Issuance. No cannabis use permit shall be issued by the city until a development agreement is approved for the operation of the cannabis business. Within 10 days after the city council’s approval of a development agreement for the operation of a cannabis business, the chief of police shall issue all permittees a cannabis public safety license, and the development services department shall issue a cannabis use permit, provided that the planning commission has made all findings required under this section. 325
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H. Indemnification. Cannabis use permits shall contain a condition requiring the dispensary, through its management members, to execute an agreement in a form approved by the city attorney whereby the cannabis business (1) releases the city, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution of the cannabis business or its management members, employees, or members for violation of state or federal laws, (2) defends, indemnifies and holds harmless the city and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by any party arising out of the city’s decision to permit the operation of the cannabis business, and (3) defends, indemnifies and holds harmless the city and its agents, officers, elected officials, and employees for any claims, damages, or injuries of any kind brought by adjacent or nearby property owners or other third parties due to the operations at the cannabis business.

6.55.770 Appeal from planning commission determination.

An applicant or any interested party who disagrees with the planning commission’s decision to issue, issue with conditions, or to deny or revoke a cannabis use permit may appeal the planning commission’s decision to the city council in accordance with the appeal provisions of Chapter

2.35 SLTCC.

6.55.780 Suspension and revocation by planning commission.

A. Authority to Suspend or Revoke a Cannabis Use Permit. Any permit issued under the terms of this article may be suspended or revoked by the planning commission.

B. A cannabis use permit may be revoked if it appears to the planning commission that the cannabis business has violated any of the requirements of this article or the security plan required pursuant to Chapter 4.180 SLTCC, or the cannabis business is being operated in a manner which constitutes a nuisance, or the cannabis business has ceased to operate for 30 days or more, or the owner or operator of the cannabis business fails to maintain a valid and current public safety license, or the cannabis business has not entered into and/or complied with the terms of a valid development agreement, or the cannabis business is being operated in a manner which conflicts with or violates state cannabis laws.

C. Any cannabis use permit revoked pursuant to this section shall be deemed to be expired and shall no longer entitle the permittee to any uses authorized by the cannabis use permit.

D. Revocation, expiration or nullification of a cannabis public safety license pursuant to SLTCC

4.180.060 and 4.180.070, or expiration of a development agreement to operate the cannabis business, shall automatically terminate the cannabis use permit issued to the licensee and shall terminate the ability of the licensee to operate a cannabis business without initiation of revocation proceedings by the planning commission.

E. Annual Review of Cannabis Businesses. The development services department is hereby authorized to conduct an annual review of the operation of each permitted cannabis business within the city for full compliance with the operational, record-keeping, nuisance and other requirements of this article, in coordination with any other departments of the city. Each cannabis business shall pay a fee in an amount established by resolution of the city council which shall be collected in order to reimburse the city for the time involved in the annual review process, unless such fee is set forth in a development agreement approved by the city council for 326
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such cannabis business. The staff may initiate a permit suspension or revocation process for any cannabis business which, upon completion of an annual review, is found not to be in compliance with the requirements of this chapter or which is operating in a manner which constitutes a public nuisance. Staff may, based upon its annual review of the operation of a cannabis business, place on a planning commission meeting agenda, a proposal to suspend or revoke a cannabis use permit.

6.55.790 Development agreement.

A. Prior to operating in the city and as a condition of issuance of a cannabis use permit, each cannabis business shall enter into a development agreement pursuant to Government Code Section 65864 et seq. with the city setting forth the terms and conditions under which the cannabis business will operate that are in addition to the requirements of this article, including, but not limited to, public outreach and education, community service, payment of fees and other charges as set forth in subsection (C) of this section, and such other terms and conditions that will protect and promote the public health, safety, and welfare. Further procedures and minimum standards for a development agreement may be enacted by resolution of the city council.

B. The planning commission shall make a recommendation to the city council on whether to approve a development agreement submitted to it by city staff. The city council shall make a final decision on whether to approve a development agreement recommended to the city council by the planning commission.

C. Development agreements shall include a provision requiring the payment of a public safety impact mitigation fee based on a pro-rata share of projected annual enforcement costs for cannabis businesses within the city. Additionally, applicants may provide for a community public benefit, in an amount not to exceed six percent of gross receipts received.

D. If the voters of the city of South Lake Tahoe pass a measure approving any tax on any cannabis businesses, any development agreements entered into pursuant to this section shall expire upon the expiration of the term set forth in such development agreement, and shall not be renewed. All cannabis businesses operating pursuant to a development agreement shall be subject to any applicable taxes approved by the voters.

6.55.800 Cannabis businesses – Conditions of operation.

A. All Cannabis Businesses. All cannabis businesses shall be operated, maintained, and managed on a day-to-day basis in compliance with the following operational conditions and requirements:

1. State Licensing and Compliance with State Cannabis Laws. The city recognizes that state law requires dual licensing at the state and local level for all cannabis businesses. All operators shall therefore be required to diligently pursue and obtain a state cannabis license at such time as the state begins issuing such licenses, and shall comply at all times with all applicable state cannabis laws.

2. Cannabis Public Safety License. A cannabis business shall maintain a cannabis public safety license at all times. The failure to maintain a cannabis public safety license, revocation of a cannabis public safety license, or lapse in renewal of a cannabis public safety license shall be the basis for immediate termination of the right to operate a cannabis business under a cannabis use permit.
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3. A cannabis business shall have entered into a development agreement with the city and shall comply with the terms of the development agreement at all times during operations of the cannabis business.

4. Employees. It shall be unlawful for the applicant, owner, operator, or any other person effectively in charge of any cannabis business to employ any person who is not at least 21 years of age.

5. Minors. Persons under the age of 21 years shall not be allowed on the premises of a cannabis business unless they are a qualified patient. The entrance to each cannabis business shall have, clearly and legibly posted, a notice indicating that persons under the age of 18 are prohibited from entering the premises unless they are a qualified patient and they are in the presence of their parent or guardian.

6. Every cannabis business shall display, at all times during its regular business hours, the cannabis use permit and cannabis public safety license issued for such cannabis business in a conspicuous place so that the same may be readily seen by all persons entering the cannabis business.

7. No cannabis business shall hold or maintain a license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises of the cannabis business that sells alcoholic beverages, or otherwise allow alcoholic beverages to be possessed, distributed, or consumed on the premises.

8. No cannabis business shall be a retailer of tobacco products.

9. Operation of a cannabis business shall not result in illegal redistribution or sale of cannabis obtained, or the use or distribution in any manner which violates state cannabis laws or this article.

10. Odors. All cannabis businesses shall be sited and/or operated in a manner that prevents cannabis odors from being detected off site. All structures utilized for indoor cannabis cultivation shall be equipped and/or maintained with sufficient ventilation controls (e.g., carbon scrubbers) to eliminate nuisance odor emissions from being detected off site.

11. Security. The cannabis business shall at all times comply with all elements of its security plan, submitted as a part of its cannabis public safety license application pursuant to Chapter

4.180 SLTCC.

12. Signage and Advertising. The cannabis business shall comply with all applicable provisions of Chapter 6.40 SLTCC and any applicable Tahoe Regional Planning Agency regulations. All advertising shall comply with Business and Professions Code Section 26151.

13. On-Site Consumption. On-site consumption shall beis prohibited allowed at permitted retailers and microbusinesses with a retailer component upon approval of an amended Public Safety License under Section 4.180.050 and, if the addition of on-site consumption increases the floor area used for retail, approval of an amended Cannabis Use Permit under SLTCC section 6.55.800(B)(2). On or around the one-year anniversary of the effective date of the ordinance codified in this article, the city council commits to cause an item to be placed on 328
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the agenda of a city council meeting to consider whether the prohibition on on-site consumption at retailers should remain in place.

14. Additional Conditions. The planning commission may impose additional conditions which it deems necessary to ensure that operation of the cannabis business will be in accordance with the standards and regulations provided in this title, the standards set forth by separate resolution of the city council, and applicable state laws.

B. Supplemental Conditions – Retailers. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis retailer shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Retailers may not sell drug paraphernalia and implements that may be used to ingest or consume cannabis except where such sales and operations comply with Health and Safety Code Section 11364.5.

2. Retailers shall not be enlarged in size (i.e., increased floor area) without the planning commission’s prior review and approval and an approved amendment to the existing cannabis use permit applied for and issued pursuant to the requirements of this article.

3. Retailers shall only sell, deliver, or give away medical cannabis to individuals authorized to receive medical cannabis in accordance with state cannabis laws. Retailers of medical cannabis shall require such persons receiving medical cannabis to provide valid official identification, such as a Department of Motor Vehicles driver’s license or State Identification Card, each time he or she seeks to purchase medical cannabis.

4. Hours of Operation. Retailers may only operate during the hours between 6:00 a.m. through 10:00 p.m., except that authorized on-site consumption areas may operate until 2:00 a.m. with no cannabis sales after 10:00 p.m. The planning commission may further restrict a retailer’s days and hours of operation as a condition of a cannabis use permit. A retailer shall post its approved days and hours of operation on a sign located on the street frontage of the cannabis business in a manner consistent with the city’s sign regulations.

5. Retailers shall not have a physician on-site to evaluate patients and/or provide recommendations for the use of medical cannabis.

6. State Seller’s Permit. Retailers shall, at all times during operation, maintain a valid seller’s permit required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the California Revenue and Taxation Code.

7. Retailers shall make available lock bags on site for purchase or shall provide information on how to obtain a lock bag.

8. Cannabis and cannabis products shall only be sold as pre-packaged consumer products, and each type of product shall be pre-packaged in a uniform amount per package. Cannabis and cannabis products shall be pre-packaged for general sale and not at the request of any specific customer.
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C. Supplemental Conditions – Cultivators. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis cultivation operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Outdoor commercial cultivation prohibited. The cultivation of cannabis for commercial purposes may only be cultivated within a fully enclosed space.

2. The cultivation of cannabis for commercial purposes shall be limited to 522,000 square feet of total canopy size per property.

3. The cultivation of cannabis must be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides. Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging).

4. Screening. Cannabis plants shall not be visible from any location beyond the property.

5. Cultivators shall maintain either the “Type 1A” (specialty indoor), and “Type 1B” (specialty mixed-light), “Type 1C” (specialty cottage), “Type 2A” (small indoor), “Type 2B”) (small mixed-light), “Type 3A” (indoor), “Type 3B” (mixed-light) or “Type 4” (nursery) licenses as defined in Business and Professions Code Section 26061, and issued by the Department of Food and AgricultureCannabis Control, at all times of operation.

6. Cultivators may not engage in retail sales at the same property as cultivation.

D. Supplemental Conditions – Delivery Operations. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis delivery operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Delivery operations shall only be operated by a permitted cannabis retailer that has a physical location and a retail storefront in the city open to the public. A cannabis retailer shall not conduct sales exclusively by delivery.

2. Vehicles used for deliveries shall have a GPS tracker, and records shall be maintained regarding the location of all deliveries. No more than maximum of $3,000 in cash, or equivalent value of cannabis or cannabis products, may be carried at any time.

E. Supplemental Conditions – Microbusinesses. In addition to each of the conditions of operation set forth in subsection (A) of this section, each microbusiness shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Except as modified by this subsection (E), each microbusiness with a retail component shall comply with all conditions of operation set forth in subsection (B) of this section, each microbusiness with a cultivator component shall comply with all conditions of operation set forth in subsection (C) of this section, each microbusiness with a manufacturer component shall comply with all conditions of operation set forth in subsection (F) of this section, and each microbusiness with a distributor component shall comply with all conditions of operation set forth in subsection (G) of this section.
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2. Microbusinesses undertaking manufacturing activity shall utilize only extraction processes that employ nonvolatile solvents for the purposes of extracting cannabinoids and processes that are recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act.

Microbusinesses undertaking manufacturing activity shall maintain a license of the “Type 6,” “Type N,” or “Type P” license categories, as defined in Title 17 4 of the California Code of Regulations, Section 4011817006, as may be amended.

3. The cultivation of cannabis for commercial purposes by microbusinesses shall be limited to 10,000 square feet of total canopy size per property.

4. A microbusiness with a retail component may engage in retail sales on the same property as a cultivation component, but shall limit access to the public to only the retail component of the microbusiness.

F. Supplemental Conditions – Manufacturers. In addition to each of the conditions of operation set forth in subsection (A) of this section, manufacturers shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Manufacturers shall not engage in on-site retail sales of cannabis or cannabis products.

2. Manufacturers shall utilize only extraction processes that employ nonvolatile solvents and are recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act.

3. Standard of Equipment. Manufacturing, processing, and analytical testing devices used by manufacturers must be UL (Underwriters Laboratories) listed or otherwise certified by an approved third party testing agency or engineer and approved for the intended use by the city’s building official and fire code official.

4. Food Handler Certification. All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be state-certified food handlers. The valid certificate number of each such owner, employee, volunteer, or other individual must be on record at the property where the individual participates in the production of edible cannabis products.

5. Edible Cannabis Product Manufacturing. Manufacturers that sell or manufacture edible cannabis products shall obtain a county health permit to sell and/or manufacture edible cannabis products. Permit holders shall comply with California Health and Safety Code Section 13700 et seq. and county health permit requirements.

6. The manufacturer shall maintain a manufacturer license of “Type 6,” “Type N,” or “Type P” license categories, as defined in Title 17 4 of the California Code of Regulations, Section 4011817006, as may be amended.

G. Supplemental Conditions – Distributors. In addition to each of the conditions of operation set forth in subsection (A) of this section, distributors shall be operated, maintained, and managed in compliance with the following supplemental conditions:
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1. No distributor may distribute cannabis from an unlicensed cannabis cultivator or manufacturer. Distributors may only distribute cannabis products between other licensed businesses within the state of California.

2. Distributors may not sell cannabis products directly to consumers, and cannabis distribution facilities shall be fully enclosed and inaccessible to the general public.

H. Maintenance, Access to, and Inspection of Records.

1. Every cannabis business shall maintain on-site, at the property designated for the operation of the cannabis business, all records of the cannabis business.

2. Financial Records. The cannabis business shall maintain a written accounting record or ledger of all cash, receipts, credit card transactions, reimbursements, (including any in-kind contributions), and any and all reasonable compensation for services provided by the cannabis business, as well as records of all operational expenditures and costs incurred by the cannabis business in accordance with generally accepted accounting practices and standards typically applicable to business records.

3. Record Retention Period. The records required in this subsection shall be maintained by the cannabis business for a period of five years and shall be made available to the city within 24 hours of written request.

4. A duly designated city police department or finance department representative may enter and shall be allowed to inspect the premises of every cannabis business as well as the financial and membership records of the cannabis business required by this article at any time during the cannabis business’s designated business hours, or at any appropriate time to ensure compliance and enforcement of the provisions of this article. Such representative may also require the cannabis business to also provide access to such financial records electronically. It shall be unlawful for any owner, operator, or any other person having any responsibility over the operation of the cannabis business to refuse to allow, impede, obstruct or interfere with an inspection of the cannabis business or the required records thereof.

6.55.810 Business license tax liability.

An operator of a cannabis business shall be required to apply for and obtain a business and professions tax certificate pursuant to Chapter 3.35 SLTCC as a prerequisite to obtaining a cannabis use permit pursuant to the terms of this article. The cannabis businesses shall be subject to sales tax and other applicable taxes in a manner required by state law.

6.55.820 No vested rights.

No person(s) shall have any vested rights to any permit, right or interest under this chapter, regardless of whether such person(s) cultivated, sold, distributed or otherwise engaged in acts related to the use of cannabis prior to adoption of the ordinance codified in this article.

6.55.830 Public nuisance.

Any use or condition caused or permitted to exist in violation of any provision of this article shall be and hereby is declared a public nuisance and may be subject to administrative citations as set forth in Chapter 2.30 SLTCC, summarily abated by the city pursuant to Chapter 4.40 332
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SLTCC and/or Code of Civil Procedure, Section 731, or subject to any other remedy available to the city.

6.55.840 Existing permitted medical marijuana dispensaries.

A. Any medical marijuana dispensary operating pursuant to (1) a valid South Lake Tahoe dispensary permit (which permit was issued pursuant to South Lake Tahoe Ordinance No. 1032) as of the effective date of the ordinance codified in this article, or (2) a valid court order authorizing the continued operation of a medical marijuana dispensary pursuant to Ordinance No. 1032, shall be permitted to continue operation subject to compliance with all requirements set forth in Ordinance No. 1032 for a period of three years from the effective date of the ordinance codified in this article to seek permits and licenses required under the city code.

During this three-year period, any existing medical marijuana dispensary may temporarily expand its land use to include adult use upon obtaining all required state licensing for such adult use and a cannabis public safety license from the city, and may provide a community public benefit in an amount not to exceed six percent of gross receipts received. At the end of the three-year period, any existing medical marijuana dispensary shall be subject to all city regulations, permit, and license requirements applicable at that time and shall be required to have obtained all applicable permits and licenses prior to continuing operation. The city manager may renew any dispensary permit previously issued pursuant to Ordinance No. 1032 during the three-year period, provided that the requirements for renewal set forth in Ordinance No. 1032 are satisfied, and may modify, deny, suspend or revoke any dispensary permit previously issued in accordance with the requirements for such action by the city manager set forth in Ordinance No. 1032.

B. Except as set forth herein, nothing in this section shall authorize a physical or operational expansion of any existing permitted medical marijuana dispensary beyond the locations, physical sizes, or uses specifically articulated and allowed under South Lake Tahoe Ordinance No. 1032.

C. This section shall not create any vested rights to any permit, right or interest under Ordinance No. 1032, regardless of whether such person(s) cultivated, sold, distributed or otherwise engaged in acts related to the use of cannabis prior to adoption of the ordinance codified in this article or Ordinance No. 1032.
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6.55.700 Purpose and intent.

It is the purpose and intent of this article to regulate the cultivation, manufacturing, testing, and sales of medical and adult-use cannabis in order to ensure the health, safety, and welfare of the residents of the city of South Lake Tahoe. The regulations in this article are meant to ensure compliance with the state cannabis laws and are not intended to and do not interfere with a patient’s right to use medical cannabis as authorized by the state cannabis laws. Nor do these regulations criminalize the possession or cultivation of cannabis for medical or nonmedical purposes as permitted by the state cannabis laws. Cannabis businesses within the city must comply with all provisions of the city code for obtaining permits for a cannabis business and must comply with the state cannabis laws and all other applicable local and state laws.

6.55.710 Definitions.

For the purposes of this article, the following words and phrases shall have the following meanings:
“Applicant” means any person who is required to file an application for a cannabis use permit and development agreement to operate a cannabis business under this article, including without limitation an individual owner, operator, or agent of a cannabis business. “Cannabis” shall have the meaning set forth in Section 26001(fe) of the Business and Professions Code and as subsequently amended.
“Cannabis business” shall include:
a. Any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity takes place.
b. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license under Business and Professions Code Section 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis manufacture, cannabis testing and cannabis retail sales, and the operation of a cannabis microbusiness. “Cannabis product” shall have the same meaning as in Section 11018.1 of the Health and Safety Code.
“Canopy” means all areas occupied by any portion of a cannabis plant, encompassing all vertical planes (i.e., stacking of plants), whether contiguous or noncontiguous on any one site. The canopy shall be measured by taking the longest length and widest width of existing plants (including all gaps, walkways, and open areas between plants) and multiplying the longest length by the longest width to get the area of the cannabis canopy. Each level of a stacked cultivation will be calculated as a separate canopy.
“Commercial cannabis activity” shall include the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or acting as a cannabis event organizer for temporary cannabis events.
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“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Cultivator” means any cannabis business engaged in cultivation activities, but specifically excluding cultivation in a private residence or accessory dwelling unit authorized pursuant to SLTCC 6.55.720.
“Day care center” shall have that meaning as set forth Section 1596.76 of the Health and Safety Code.
“Delivery” means the commercial transfer of cannabis or cannabis products to a customer or patient. “Delivery” also includes the use by a retailer of any technology platform owned and controlled by the retailer.
“Delivery operation” means a cannabis business that engages in or otherwise provides deliveries. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between licensees.
“Distributor” means any cannabis business engaged in distribution. “Drug paraphernalia” shall have the meaning set forth in California Health and Safety Code Section 11014.5, and as subsequently amended.
“Edible cannabis product” means cannabis that is intended to be used, in whole or in part, for human consumption.
“Extraction” means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
“Identification card” shall have the meaning set forth in California Health and Safety Code Section 11362.712, and as may be amended from time to time. “Manufacture” means to compound, blend, extract, infuse, package, and label, or otherwise make or prepare a cannabis product.
“Manufacturer” means any cannabis business that conducts any activities involving the manufacture of a cannabis product.
“Medicinal cannabis” or “medicinal cannabis product” shall have the meaning set forth in California Business and Professions Code Section 26001(ai), which includes cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses a physician’s recommendation. “Medical marijuana dispensary” shall mean a cooperative or collective of four or more members associating at a particular location or real property to cooperatively distribute cannabis to members for medical purposes and that operates on a not-for-profit basis. 335
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“Microbusiness” means a cannabis business that engages in commercial cannabis activities of at least three of the following types of cannabis businesses: retailer, distributor, manufacturer, cultivator.
“Operator” shall mean any person responsible for management of the cannabis business; any person listed as an officer, director, manager, or member in the Statement of Information filed with the Secretary of State for a cannabis business; any person listed in a governing document for a cannabis business, such as bylaws, articles of incorporation, or operating agreement; any person owning an interest in the cannabis business, unless the interest is solely a security, lien, or encumbrance; and any person that supervises an employee of the cannabis business. “Owner” shall have that meaning set forth in Section 26001(a)(lm) of the Business and Professions Code and as it may be amended.
“Package” or “packaging” means any container or wrapper that may be used for enclosing or containing any cannabis products. The term “package” does not include any shipping container or outer wrapping used solely for the transportation of cannabis products in bulk quantity to another licensee or licensed premises.
“Park” shall mean any land, with public access, intended to provide recreation. For the purposes of this article, “park” also includes public beaches.
“Permittee” shall mean any person issued a cannabis use permit under this article. “Physician” shall mean a licensed medical doctor, including a doctor of osteopathic medicine as defined in the California Business and Professions Code. “Property” shall mean the designated structure or structures and land specified in the cannabis use permit application that is owned, leased or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. “Retailer” means any cannabis business that engages in the sale of cannabis or cannabis products to customers, including medical and adult-use cannabis or cannabis products. “School” means any public or private school providing instruction in kindergarten or any of grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
“State cannabis laws” means and includes California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program); California Business and Professions Code Section 26000 et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 31020 and 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted pursuant to MAUCRSAby the 336
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Department of Cannabis Control; any license issued pursuant to MAUCRSAby the Department of Cannabis Control; and all other applicable laws of the state of California regulating cannabis or cannabis products.
“Testing laboratory” means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products.
“Youth centers” shall mean any youth center, as defined in Section 11353.1(e)(2) of the Health and Safety Code, any playground, as defined in Section 11353.1(e)(1) of the Health and Safety Code, and any child day care facility, as that term is defined in Section 1596.750 of the Health and Safety Code.

6.55.720 Residential cultivation of cannabis.

A. No person or entity may cultivate cannabis in any residence in the city, except that a person may cultivate no more than six living cannabis plants inside his or her private residence or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry; provided, that the owner of the property provides written consent expressly allowing the cannabis cultivation to occur, there is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation, and the cultivation complies with Health and Safety Code Section 11362.2(a)(3), as it may be amended.

B. Amortization of Existing Residential Cultivation Permits. All residential cultivation permits previously issued by the city are hereby deemed amortized and are null and void.

C. No Vested Rights. No person(s) shall have any vested rights to any permit, right or interest under this article, regardless of whether such person(s) cultivated cannabis prior to adoption of the ordinance codified in this article.

D. Public Nuisances. Cultivation shall not create a public nuisance and adversely affect the health or safety of persons residing in or near the residence where the cultivation occurs. A public nuisance may be deemed to exist if cultivation produces:

1. Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby properties or areas open to the public;

2. More than three substantiated responses to valid confirmed complaints in a one-year time period to the residence from law enforcement officers;

3. More than three disruptions in a one-year time period to the free passage of persons or vehicles in the neighborhood;

4. Excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby properties or areas open to the public in accordance with SLTCC 4.70.160;

5. Adverse effects to health or safety through creation of mold, mildew, dust, glare, heat, noise, noxious gases, odor, smoke, traffic, parking, vibration, or other impacts, or be hazardous because of the use or storage of materials, processes, products or wastes. 337
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E. Environment. Runoff and waste disposal by the residence where cultivation occurs must be in compliance with any applicable city, county, regional, state, and federal laws and regulations. A violation of any applicable city, county, regional, state, or federal law will be deemed a violation of this article.

F. Cultivation of cannabis in residences shall be in conformance with the following requirements:

1. Cultivation shall only occur in fully enclosed and secure structures. All outdoor cultivation of cannabis is strictly prohibited.

2. Cultivation shall only occur in residences which are in full compliance with the city code, including the building code and fire code.

3. No cooking, baking, or alteration as to form and substance of cannabis for commercial purposes, and/or sale, is permitted in a residence which cultivates cannabis.

4. From a public right-of-way, there shall be no exterior evidence of cannabis cultivation occurring at the residence.

6.55.730 Cannabis businesses – Use permit, development agreement, and public safety license required.

It shall be unlawful for any person to engage in, to conduct or carry on (or to permit to be engaged in, conducted or carried on) in or upon property located within the city, the operation of a cannabis business unless that person has first obtained and continues to maintain in full force and effect: a valid cannabis use permit issued by the city for that property, a development agreement with the city for use of the property as a cannabis business, and a valid cannabis public safety license issued by the city to the owner and/or operator of the cannabis business, pursuant to Chapter 4.180 SLTCC.

6.55.740 Cannabis businesses – General provisions.

A. Cannabis Businesses Allowed.

1. Only those types of cannabis businesses set forth in this section shall be allowed within the city:
a. Retailers.
b. Microbusinesses.
c. Testing labs.
d. Cultivators.
e. Manufacturers.
f. Distributors.
g. Delivery operations.
h. Existing permitted medical marijuana dispensaries, subject to SLTCC 6.55.840. 338
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Any and all cannabis businesses, activities, nonprofits, associations, enterprises, collectives, cooperatives or dispensaries not expressly described herein are expressly prohibited.

Temporary cannabis events are prohibited within the city.

2. No more than one cannabis business may exist in the same suite or unit on a lot or parcel of property.

3. An owner and/or operator of a cannabis business may not own or operate more than one retail cannabis business, including a microbusiness with a retailer component, within the city.

4. No more than two four retailers are permitted in the city, unless one or both of the permitted microbusinesses do not include a retailer component, in which case an additional retailer shall be permitted for each microbusiness without a retailer component, up to a limit of no more than four retailers in the cityincluding microbusinesses with a retailer component.

5. No more than two microbusinesses are permitted in the city, unless after the application period referenced in SLTCC 6.55.750(C) there are open permits for retailers, cultivators, manufacturers, or distributors, in which case the city council may adopt a resolution to reopen the application period to allow additional microbusinesses combining the open permit types.

6. No more than two cultivators are permitted in the city.

7. No more than four manufacturers are permitted in the city.

8. No dDistributors are permitted in the city, only as part of a microbusiness, unless one or both more of the permitted microbusinesses do not include a distributor component, in which case a distributor shall be permitted for each microbusiness without a distributor component, up to a limit of no more than two distributors in the city.

9. Medical marijuana dispensaries operating under SLTCC 6.55.840 shall not be considered in determining the number of retailers, microbusinesses, manufacturers, distributors, or cultivators allowed under subsections (A)(4) through (A)(8) of this section. The maximum number of cannabis businesses permitted under the numerical limitations set forth in subsections (A)(4) through (A)(8) of this section are in addition to any medical marijuana dispensaries operating under SLTCC 6.55.840.

B. Limitations on Location.

1. Permissible Zoning. Subject to limitations described in this article and other parts of SLTCC Title 6, and applicable regulations of the Tahoe Regional Planning Agency, cannabis businesses may operate only in a location where such land use will be consistent with the land uses authorized under the applicable area plan, plan area statement, and/or community plan for such location. Table 6.55.740 sets forth the applicable permissible use categories for each type of cannabis business.
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Table 6.55.740
City Cannabis
Business Type
TRPA Permissible
Use Categories
a. Retailers
(including delivery
operations)
“food and beverage
retail sales” and
“general merchandise
stores”
b. Microbusinesses
i. Retailer See a.
ii. Distributor See f.
iii.

Manufacturer
See e.
iv. Cultivator See d.
c. Testing labs “industrial services”
d. Cultivators “industrial services”
e. Manufacturers “food and kindred
products” and “small
scale manufacturing”*
f. Distributors “wholesale and
distribution”
* The applicable TRPA permissible use category for a manufacturer will depend on the type of cannabis product being manufactured.

2. Areas and Zones Where Cannabis Businesses Are Not Permitted. a. Notwithstanding subsection (B)(1) of this section, a cannabis business may not operate on a parcel or lot located within 1,000 feet of a school, or 600 feet of a youth center, or 600 feet of a day care center, or 150 feet of any park, any religious institution, any residential or outpatient drug or alcohol treatment facility licensed by the State Department of Health Care Services, or hospital, that is in existence at the time the cannabis use permit is issued.

Distances under this subsection shall be calculated as a straight line from any parcel line of the property on which the cannabis business is located to the parcel line of the real property on which the facility, building, or structure, or portion of the facility, building or structure, in which the listed use occurs or is located. Locational restrictions shall apply to an entire parcel if any portion of the parcel is located within the applicable buffer distance.
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b. Cannabis businesses may not operate on a parcel or lot located within a residential designated land use area, as depicted in the city’s general plan.

C. Transfer of Cannabis Use Permits.

1. Permit – Site Specific. A permittee shall not operate a cannabis business under the authority of a cannabis use permit at any place other than the parcel and specified address of the cannabis business stated in the application for the permit. All permits issued by the city pursuant to this article shall be nontransferable to a different location.

2. Transfer of a Permitted Cannabis Business. A permittee shall not transfer ownership or control of a cannabis business or attempt to transfer a cannabis use permit to another person unless and until the transferee obtains an amendment to the cannabis use permit from the planning commission to the permitting requirements of this article stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the development services department in accordance with all provisions of this article accompanied by the required transfer review application deposit.

3. Request for Transfer with a Revocation or Suspension Pending. No cannabis use permit may be transferred (and no permission for a transfer may be issued) when the development services department has notified the permittee in writing that the permit has been or may be suspended or revoked for noncompliance with this chapter and a notice of such suspension or revocation has been provided.

4. Transfer without Permission. Any attempt to transfer a cannabis use permit either directly or indirectly in violation of this chapter is declared void, and the permit shall be deemed revoked.

6.55.750 Cannabis use permit application requirements.

A. Cannabis Public Safety License. Applicants seeking a cannabis use permit and development agreement to operate a cannabis business within the city shall first submit an application for a cannabis public safety license. Upon the chief of police’s, or his/her designee’s, approval of the application for a cannabis public safety license, the applicant may submit an application for a cannabis use permit and development agreement to operate a cannabis business.

B. Except as set forth in this article, applications for cannabis use permits shall be processed consistent with Article VII (Use Permits and Variances). The city manager, or his/her designee, may recommend, and the city council may establish by resolution, any necessary procedures and application requirements.

C. Use Permits for Retailers, Cultivators, Manufacturers, Distributors, and Microbusinesses.

Because only a limited number of retailers, cultivators, manufacturers, distributors, and microbusinesses are permitted, an application period for these businesses shall be established that allows the city to select the best applicants for negotiation of a development agreement.

Such applicants shall be placed on a qualified applicant list. The process and selection criteria for selection of the best applicants to be placed on the qualified applicant list shall be established by resolution of the city council.
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D. Applications shall include a requirement that applicants demonstrate owner consent to operate a cannabis business on the property. Applications for cannabis retailers shall also include a statement as to whether the use will include delivery of cannabis and cannabis products to locations outside the retailer’s property. If delivery services will be provided, the application shall describe the operational plan and specific extent of such service, security protocols, and how the delivery services will comply with the requirements set forth in this article and state law.

E. Site Plan. Applicants shall submit a site plan that shall include a floor plan, and a scaled premises diagram showing the boundaries of the cannabis business and property with all boundaries, dimensions, entrances and exits, interior partitions and walls, with labeling of each room, windows and common shared entryways. If the proposed cannabis business consists of only a portion of the property, the diagram shall be labeled indicating which part of the property is the proposed cannabis business and what the remaining property is used for.

F. Cost Recovery. Every application for a cannabis use permit shall be accompanied by a deposit (in an amount established by resolution of the city council) and the applicant shall replenish such deposit at the request of the city to allow for recovery of the city’s full cost of reviewing and issuing said permit and preparing and considering a development agreement.

6.55.760 Review, issuance, and/or denial of cannabis use permit applications.

A. Criteria for Issuance. In addition to the required findings for issuance of a special use permit in SLTCC 6.55.620(B), the planning commission, or the city council on appeal, shall make all of the following findings in determining whether to grant, modify, or deny a cannabis use permit for any cannabis business:

1. If the cannabis business is a microbusiness, retailer, manufacturer, distributor, or cultivator, the applicant is on the qualified applicant list established and maintained by the city.

2. The cannabis use permit application is complete and the applicant has submitted all information and materials required.

3. The proposed location of the cannabis business will comply with the buffer requirements in SLTCC 6.55.740(B) and is not likely to have a potentially adverse effect on the health, peace, or safety of persons due to the proximity of the proposed cannabis business to a school, youth center, park, church, state licensed drug or alcohol treatment facility, or hospital.

4. The proposed location of the cannabis business is not likely to have a potentially adverse effect on the health, peace, or safety of persons due to the proposed cannabis business’s proximity to another existing or permitted cannabis business, and no significant nuisance issues or problems are likely or anticipated.

5. The design of the cannabis business is compatible with the city’s design guidelines.

6. The property is located on a property which is consistent with all development standards of this title.
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7. The location is not prohibited under the provisions of this title or any local or state law, statute, rule, or regulation.

8. The cannabis business will not violate any provision of the SLTCC or condition imposed by a city-issued permit, or any provision of any other local or state law, regulation, or order, or any condition imposed by permits issued in compliance with those laws.

9. The site plan for the cannabis business has incorporated features necessary to assist in reducing potential nuisance and crime-related problems. These features may include, but are not limited to, procedures for allowing entry; reduction of opportunities for congregating and obstructing public ways and neighboring property; and limiting furnishings and features that encourage loitering and nuisance behavior.

B. Supplemental Findings – Cannabis Testing Laboratory. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a testing lab:

1. The owners, permittees, operators, and employees of the testing lab will not be associated with any other form of commercial cannabis activity.

2. The testing lab meets the accreditation requirements set forth in Business and Professions Code Section 26100(gh) and any applicable regulations enacted by the Bureau Department of Cannabis Control.

3. The testing lab operating plan demonstrates proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.

C. Supplemental Findings – Cultivators. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a cultivator:

1. The cultivation of cannabis for commercial purposes shall only be cultivated within a fully enclosed space.

2. The cultivation of cannabis for commercial purposes shall be limited to 522,000 square feet of total canopy size per property.

3. The cultivation of cannabis will be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides.

4. The applicant for cultivation of cannabis with a total canopy size greater than 5,000 square feet per property has submitted documentation that electrical power used for commercial cannabis activity meets the average electricity greenhouse gas emissions intensity required by the local utility provider pursuant to the California Renewables Portfolio Standard 343
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Program, and has submitted an energy efficiency plan showing measures being taken to minimize energy consumption in lighting, HVAC, and dehumidifying equipment.

D. Supplemental Findings – Manufacturers. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a manufacturer:

1. The manufacturer shall be limited to 2,500 square feet of fully enclosed space.

2. The manufacturer shall not undertake any volatile extraction activities, and shall only conduct the operations authorized under the “Type 6,” “Type N,” or “Type P” license categories, as defined in the California Department of Public HealthDepartment of Cannabis Control regulations, Title 17 4 of the California Code of Regulations, Section 4011817006, as may be amended.

E. Criteria for Denial. The planning commission shall deny an application that meets any one of the following criteria:

1. Any supervisor, employee, or person having a 10 percent or more financial interest in the cannabis business has been convicted of a felony or a drug-related misdemeanor reclassified by Section 1170.18 of the California Penal Code (Proposition 47) within the past 10 years. A conviction within the meaning of this subsection means a plea or verdict of guilty or a conviction following a plea of nolo contendere;

2. Any person who is listed on the application or is an owner or operator, is a licensed physician making patient recommendations for medical cannabis pursuant to Section 11362.7 of the Health and Safety Code;

3. Any person who is listed on the application or is an owner or operator is less than 21 years of age;

4. The proposed cannabis business does not comply with the provisions of this article or state cannabis laws; and

5. The planning commission is unable to make a required finding contained in this section.

F. Planning Commission Determination. If the planning commission, by a majority vote of a quorum of commissioners, denies the application, the planning commission shall specify in writing the reasons for the denial of the application, and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to Chapter 2.35 SLTCC.

G. Use Permit and License Issuance. No cannabis use permit shall be issued by the city until a development agreement is approved for the operation of the cannabis business. Within 10 days after the city council’s approval of a development agreement for the operation of a cannabis business, the chief of police shall issue all permittees a cannabis public safety license, and the development services department shall issue a cannabis use permit, provided that the planning commission has made all findings required under this section. 344
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H. Indemnification. Cannabis use permits shall contain a condition requiring the dispensary, through its management members, to execute an agreement in a form approved by the city attorney whereby the cannabis business (1) releases the city, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution of the cannabis business or its management members, employees, or members for violation of state or federal laws, (2) defends, indemnifies and holds harmless the city and its agents, officers, elected officials, and employees for any claims, damages, or injuries brought by any party arising out of the city’s decision to permit the operation of the cannabis business, and (3) defends, indemnifies and holds harmless the city and its agents, officers, elected officials, and employees for any claims, damages, or injuries of any kind brought by adjacent or nearby property owners or other third parties due to the operations at the cannabis business.

6.55.770 Appeal from planning commission determination.

An applicant or any interested party who disagrees with the planning commission’s decision to issue, issue with conditions, or to deny or revoke a cannabis use permit may appeal the planning commission’s decision to the city council in accordance with the appeal provisions of Chapter

2.35 SLTCC.

6.55.780 Suspension and revocation by planning commission.

A. Authority to Suspend or Revoke a Cannabis Use Permit. Any permit issued under the terms of this article may be suspended or revoked by the planning commission.

B. A cannabis use permit may be revoked if it appears to the planning commission that the cannabis business has violated any of the requirements of this article or the security plan required pursuant to Chapter 4.180 SLTCC, or the cannabis business is being operated in a manner which constitutes a nuisance, or the cannabis business has ceased to operate for 30 days or more, or the owner or operator of the cannabis business fails to maintain a valid and current public safety license, or the cannabis business has not entered into and/or complied with the terms of a valid development agreement, or the cannabis business is being operated in a manner which conflicts with or violates state cannabis laws.

C. Any cannabis use permit revoked pursuant to this section shall be deemed to be expired and shall no longer entitle the permittee to any uses authorized by the cannabis use permit.

D. Revocation, expiration or nullification of a cannabis public safety license pursuant to SLTCC

4.180.060 and 4.180.070, or expiration of a development agreement to operate the cannabis business, shall automatically terminate the cannabis use permit issued to the licensee and shall terminate the ability of the licensee to operate a cannabis business without initiation of revocation proceedings by the planning commission.

E. Annual Review of Cannabis Businesses. The development services department is hereby authorized to conduct an annual review of the operation of each permitted cannabis business within the city for full compliance with the operational, record-keeping, nuisance and other requirements of this article, in coordination with any other departments of the city. Each cannabis business shall pay a fee in an amount established by resolution of the city council which shall be collected in order to reimburse the city for the time involved in the annual review process, unless such fee is set forth in a development agreement approved by the city council for 345
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such cannabis business. The staff may initiate a permit suspension or revocation process for any cannabis business which, upon completion of an annual review, is found not to be in compliance with the requirements of this chapter or which is operating in a manner which constitutes a public nuisance. Staff may, based upon its annual review of the operation of a cannabis business, place on a planning commission meeting agenda, a proposal to suspend or revoke a cannabis use permit.

6.55.790 Development agreement.

A. Prior to operating in the city and as a condition of issuance of a cannabis use permit, each cannabis business shall enter into a development agreement pursuant to Government Code Section 65864 et seq. with the city setting forth the terms and conditions under which the cannabis business will operate that are in addition to the requirements of this article, including, but not limited to, public outreach and education, community service, payment of fees and other charges as set forth in subsection (C) of this section, and such other terms and conditions that will protect and promote the public health, safety, and welfare. Further procedures and minimum standards for a development agreement may be enacted by resolution of the city council.

B. The planning commission shall make a recommendation to the city council on whether to approve a development agreement submitted to it by city staff. The city council shall make a final decision on whether to approve a development agreement recommended to the city council by the planning commission.

C. Development agreements shall include a provision requiring the payment of a public safety impact mitigation fee based on a pro-rata share of projected annual enforcement costs for cannabis businesses within the city. Additionally, applicants may provide for a community public benefit, in an amount not to exceed six percent of gross receipts received.

D. If the voters of the city of South Lake Tahoe pass a measure approving any tax on any cannabis businesses, any development agreements entered into pursuant to this section shall expire upon the expiration of the term set forth in such development agreement, and shall not be renewed. All cannabis businesses operating pursuant to a development agreement shall be subject to any applicable taxes approved by the voters.

6.55.800 Cannabis businesses – Conditions of operation.

A. All Cannabis Businesses. All cannabis businesses shall be operated, maintained, and managed on a day-to-day basis in compliance with the following operational conditions and requirements:

1. State Licensing and Compliance with State Cannabis Laws. The city recognizes that state law requires dual licensing at the state and local level for all cannabis businesses. All operators shall therefore be required to diligently pursue and obtain a state cannabis license at such time as the state begins issuing such licenses, and shall comply at all times with all applicable state cannabis laws.

2. Cannabis Public Safety License. A cannabis business shall maintain a cannabis public safety license at all times. The failure to maintain a cannabis public safety license, revocation of a cannabis public safety license, or lapse in renewal of a cannabis public safety license shall be the basis for immediate termination of the right to operate a cannabis business under a cannabis use permit.
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3. A cannabis business shall have entered into a development agreement with the city and shall comply with the terms of the development agreement at all times during operations of the cannabis business.

4. Employees. It shall be unlawful for the applicant, owner, operator, or any other person effectively in charge of any cannabis business to employ any person who is not at least 21 years of age.

5. Minors. Persons under the age of 21 years shall not be allowed on the premises of a cannabis business unless they are a qualified patient. The entrance to each cannabis business shall have, clearly and legibly posted, a notice indicating that persons under the age of 18 are prohibited from entering the premises unless they are a qualified patient and they are in the presence of their parent or guardian.

6. Every cannabis business shall display, at all times during its regular business hours, the cannabis use permit and cannabis public safety license issued for such cannabis business in a conspicuous place so that the same may be readily seen by all persons entering the cannabis business.

7. No cannabis business shall hold or maintain a license from the State Department of Alcoholic Beverage Control for the sale of alcoholic beverages, or operate a business on the premises of the cannabis business that sells alcoholic beverages, or otherwise allow alcoholic beverages to be possessed, distributed, or consumed on the premises.

8. No cannabis business shall be a retailer of tobacco products.

9. Operation of a cannabis business shall not result in illegal redistribution or sale of cannabis obtained, or the use or distribution in any manner which violates state cannabis laws or this article.

10. Odors. All cannabis businesses shall be sited and/or operated in a manner that prevents cannabis odors from being detected off site. All structures utilized for indoor cannabis cultivation shall be equipped and/or maintained with sufficient ventilation controls (e.g., carbon scrubbers) to eliminate nuisance odor emissions from being detected off site.

11. Security. The cannabis business shall at all times comply with all elements of its security plan, submitted as a part of its cannabis public safety license application pursuant to Chapter

4.180 SLTCC.

12. Signage and Advertising. The cannabis business shall comply with all applicable provisions of Chapter 6.40 SLTCC and any applicable Tahoe Regional Planning Agency regulations. All advertising shall comply with Business and Professions Code Section 26151.

13. On-Site Consumption. On-site consumption shall beis prohibited. On or around the one-year anniversary of the effective date of the ordinance codified in this article, the city council commits to cause an item to be placed on the agenda of a city council meeting to consider whether the prohibition on on-site consumption at retailers should remain in place. 347
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14. Additional Conditions. The planning commission may impose additional conditions which it deems necessary to ensure that operation of the cannabis business will be in accordance with the standards and regulations provided in this title, the standards set forth by separate resolution of the city council, and applicable state laws.

B. Supplemental Conditions – Retailers. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis retailer shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Retailers may not sell drug paraphernalia and implements that may be used to ingest or consume cannabis except where such sales and operations comply with Health and Safety Code Section 11364.5.

2. Retailers shall not be enlarged in size (i.e., increased floor area) without the planning commission’s prior review and approval and an approved amendment to the existing cannabis use permit applied for and issued pursuant to the requirements of this article.

3. Retailers shall only sell, deliver, or give away medical cannabis to individuals authorized to receive medical cannabis in accordance with state cannabis laws. Retailers of medical cannabis shall require such persons receiving medical cannabis to provide valid official identification, such as a Department of Motor Vehicles driver’s license or State Identification Card, each time he or she seeks to purchase medical cannabis.

4. Hours of Operation. Retailers may only operate during the hours between 6:00 a.m. through 10:00 p.m. The planning commission may further restrict a retailer’s days and hours of operation as a condition of a cannabis use permit. A retailer shall post its approved days and hours of operation on a sign located on the street frontage of the cannabis business in a manner consistent with the city’s sign regulations.

5. Retailers shall not have a physician on-site to evaluate patients and/or provide recommendations for the use of medical cannabis.

6. State Seller’s Permit. Retailers shall, at all times during operation, maintain a valid seller’s permit required pursuant to Part 1 (commencing with Section 6001) of Division 2 of the California Revenue and Taxation Code.

7. Retailers shall make available lock bags on site for purchase or shall provide information on how to obtain a lock bag.

8. Cannabis and cannabis products shall only be sold as pre-packaged consumer products, and each type of product shall be pre-packaged in a uniform amount per package. Cannabis and cannabis products shall be pre-packaged for general sale and not at the request of any specific customer.

C. Supplemental Conditions – Cultivators. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis cultivation operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:
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1. Outdoor commercial cultivation prohibited. The cultivation of cannabis for commercial purposes may only be cultivated within a fully enclosed space.

2. The cultivation of cannabis for commercial purposes shall be limited to 522,000 square feet of total canopy size per property.

3. The cultivation of cannabis must be conducted in accordance with all applicable federal, state, and local laws and regulations governing the use of pesticides. Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging).

4. Screening. Cannabis plants shall not be visible from any location beyond the property.

5. Cultivators shall maintain either the “Type 1A” (specialty indoor), and “Type 1B” (specialty mixed-light), “Type 1C” (specialty cottage), “Type 2A” (small indoor), “Type 2B”) (small mixed-light), “Type 3A” (indoor), “Type 3B” (mixed-light) or “Type 4” (nursery) licenses as defined in Business and Professions Code Section 26061, and issued by the Department of Food and AgricultureCannabis Control, at all times of operation.

6. Cultivators may not engage in retail sales at the same property as cultivation.

D. Supplemental Conditions – Delivery Operations. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis delivery operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Delivery operations shall only be operated by a permitted cannabis retailer that has a physical location and a retail storefront in the city open to the public. A cannabis retailer shall not conduct sales exclusively by delivery.

2. Vehicles used for deliveries shall have a GPS tracker, and records shall be maintained regarding the location of all deliveries. No more than maximum of $3,000 in cash, or equivalent value of cannabis or cannabis products, may be carried at any time.

E. Supplemental Conditions – Microbusinesses. In addition to each of the conditions of operation set forth in subsection (A) of this section, each microbusiness shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Except as modified by this subsection (E), each microbusiness with a retail component shall comply with all conditions of operation set forth in subsection (B) of this section, each microbusiness with a cultivator component shall comply with all conditions of operation set forth in subsection (C) of this section, each microbusiness with a manufacturer component shall comply with all conditions of operation set forth in subsection (F) of this section, and each microbusiness with a distributor component shall comply with all conditions of operation set forth in subsection (G) of this section.

2. Microbusinesses undertaking manufacturing activity shall utilize only extraction processes that employ nonvolatile solvents for the purposes of extracting cannabinoids and processes that are recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act.

Microbusinesses undertaking manufacturing activity shall maintain a license of the “Type 349
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6,” “Type N,” or “Type P” license categories, as defined in Title 17 4 of the California Code of Regulations, Section 4011817006, as may be amended.

3. The cultivation of cannabis for commercial purposes by microbusinesses shall be limited to 10,000 square feet of total canopy size per property.

4. A microbusiness with a retail component may engage in retail sales on the same property as a cultivation component, but shall limit access to the public to only the retail component of the microbusiness.

F. Supplemental Conditions – Manufacturers. In addition to each of the conditions of operation set forth in subsection (A) of this section, manufacturers shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Manufacturers shall not engage in on-site retail sales of cannabis or cannabis products.

2. Manufacturers shall utilize only extraction processes that employ nonvolatile solvents and are recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act.

3. Standard of Equipment. Manufacturing, processing, and analytical testing devices used by manufacturers must be UL (Underwriters Laboratories) listed or otherwise certified by an approved third party testing agency or engineer and approved for the intended use by the city’s building official and fire code official.

4. Food Handler Certification. All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be state-certified food handlers. The valid certificate number of each such owner, employee, volunteer, or other individual must be on record at the property where the individual participates in the production of edible cannabis products.

5. Edible Cannabis Product Manufacturing. Manufacturers that sell or manufacture edible cannabis products shall obtain a county health permit to sell and/or manufacture edible cannabis products. Permit holders shall comply with California Health and Safety Code Section 13700 et seq. and county health permit requirements.

6. The manufacturer shall maintain a manufacturer license of “Type 6,” “Type N,” or “Type P” license categories, as defined in Title 17 4 of the California Code of Regulations, Section 4011817006, as may be amended.

G. Supplemental Conditions – Distributors. In addition to each of the conditions of operation set forth in subsection (A) of this section, distributors shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. No distributor may distribute cannabis from an unlicensed cannabis cultivator or manufacturer. Distributors may only distribute cannabis products between other licensed businesses within the state of California.

2. Distributors may not sell cannabis products directly to consumers, and cannabis distribution facilities shall be fully enclosed and inaccessible to the general public. 350
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H. Maintenance, Access to, and Inspection of Records.

1. Every cannabis business shall maintain on-site, at the property designated for the operation of the cannabis business, all records of the cannabis business.

2. Financial Records. The cannabis business shall maintain a written accounting record or ledger of all cash, receipts, credit card transactions, reimbursements, (including any in-kind contributions), and any and all reasonable compensation for services provided by the cannabis business, as well as records of all operational expenditures and costs incurred by the cannabis business in accordance with generally accepted accounting practices and standards typically applicable to business records.

3. Record Retention Period. The records required in this subsection shall be maintained by the cannabis business for a period of five years and shall be made available to the city within 24 hours of written request.

4. A duly designated city police department or finance department representative may enter and shall be allowed to inspect the premises of every cannabis business as well as the financial and membership records of the cannabis business required by this article at any time during the cannabis business’s designated business hours, or at any appropriate time to ensure compliance and enforcement of the provisions of this article. Such representative may also require the cannabis business to also provide access to such financial records electronically. It shall be unlawful for any owner, operator, or any other person having any responsibility over the operation of the cannabis business to refuse to allow, impede, obstruct or interfere with an inspection of the cannabis business or the required records thereof.

6.55.810 Business license tax liability.

An operator of a cannabis business shall be required to apply for and obtain a business and professions tax certificate pursuant to Chapter 3.35 SLTCC as a prerequisite to obtaining a cannabis use permit pursuant to the terms of this article. The cannabis businesses shall be subject to sales tax and other applicable taxes in a manner required by state law.

6.55.820 No vested rights.

No person(s) shall have any vested rights to any permit, right or interest under this chapter, regardless of whether such person(s) cultivated, sold, distributed or otherwise engaged in acts related to the use of cannabis prior to adoption of the ordinance codified in this article.

6.55.830 Public nuisance.

Any use or condition caused or permitted to exist in violation of any provision of this article shall be and hereby is declared a public nuisance and may be subject to administrative citations as set forth in Chapter 2.30 SLTCC, summarily abated by the city pursuant to Chapter 4.40 SLTCC and/or Code of Civil Procedure, Section 731, or subject to any other remedy available to the city.

6.55.840 Existing permitted medical marijuana dispensaries.

A. Any medical marijuana dispensary operating pursuant to (1) a valid South Lake Tahoe dispensary permit (which permit was issued pursuant to South Lake Tahoe Ordinance No. 1032) as of the effective date of the ordinance codified in this article, or (2) a valid court order authorizing the continued operation of a medical marijuana dispensary pursuant to Ordinance 351
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No. 1032, shall be permitted to continue operation subject to compliance with all requirements set forth in Ordinance No. 1032 for a period of three years from the effective date of the ordinance codified in this article to seek permits and licenses required under the city code.

During this three-year period, any existing medical marijuana dispensary may temporarily expand its land use to include adult use upon obtaining all required state licensing for such adult use and a cannabis public safety license from the city, and may provide a community public benefit in an amount not to exceed six percent of gross receipts received. At the end of the three-year period, any existing medical marijuana dispensary shall be subject to all city regulations, permit, and license requirements applicable at that time and shall be required to have obtained all applicable permits and licenses prior to continuing operation. The city manager may renew any dispensary permit previously issued pursuant to Ordinance No. 1032 during the three-year period, provided that the requirements for renewal set forth in Ordinance No. 1032 are satisfied, and may modify, deny, suspend or revoke any dispensary permit previously issued in accordance with the requirements for such action by the city manager set forth in Ordinance No. 1032.

B. Except as set forth herein, nothing in this section shall authorize a physical or operational expansion of any existing permitted medical marijuana dispensary beyond the locations, physical sizes, or uses specifically articulated and allowed under South Lake Tahoe Ordinance No. 1032.

C. This section shall not create any vested rights to any permit, right or interest under Ordinance No. 1032, regardless of whether such person(s) cultivated, sold, distributed or otherwise engaged in acts related to the use of cannabis prior to adoption of the ordinance codified in this article or Ordinance No. 1032.
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Chapter 4.180

CANNABIS PUBLIC SAFETY LICENSE ORDINANCE
Section:

4.180.010 Purpose and intent.

4.180.020 Definitions.

4.180.030 Cannabis businesses – General provisions.

4.180.040 Cannabis public safety license – General provisions.

4.180.050 Public safety license and public safety license renewal – Approval and denial.

4.180.060 Expiration and renewal of cannabis public safety licenses.

4.180.070 Suspension and revocation by chief of police.

4.180.080 No vested rights.

4.180.010 Purpose and intent.

It is the purpose and intent of this chapter to establish a cannabis public safety license and the procedures for issuance of said license. A cannabis public safety license shall be required as a condition for the continued operation of any cannabis business as set forth in this chapter. The regulations in this chapter are meant to ensure the health, safety, and welfare of the residents of the city of South Lake Tahoe. Cannabis businesses within the city must comply with all provisions of the South Lake Tahoe City Code for obtaining permits and licenses for a cannabis business and must comply with the state cannabis laws and all other applicable local and state laws. Nothing in this chapter permits activities that are otherwise illegal under state or local laws.

4.180.020 Definitions.

As used in this chapter:
“Applicant” means any person who is required to file an application for issuance of a cannabis public safety license to operate a cannabis business under this chapter, including without limitation an individual owner, operator, or agent of a cannabis business. “Application for renewal” shall mean an application for a renewed cannabis public safety license, which application may be submitted by a licensee. “Cannabis” shall have the meaning set forth in Cal. Bus. & Prof. Code § 26001(fe) and as subsequently amended.
“Cannabis business” shall include:
a. Any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity takes place.
b. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license under Cal. Bus. & Prof. Code § 26000 and following, including but not limited to cannabis cultivation, cannabis distribution, cannabis manufacturing, cannabis testing and cannabis retail sales, and the operation of a cannabis microbusiness. 353
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“Cannabis products” shall have the meaning set forth in Cal. Bus. & Prof. Code § 26001(i) and as subsequently amended.
“Cannabis use permit” shall mean a use permit issued for the operation of a cannabis business pursuant to Article X of Chapter 6.55 SLTCC.
“Commercial cannabis activity” shall include the cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or acting as a cannabis event organizer for temporary cannabis events.
“Cultivation” shall mean any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
“Licensee” shall mean the cannabis business owner identified to the city as such, and to whom a city cannabis public safety license has been issued.
“Operator” shall mean any person responsible for management of the cannabis business; any person listed as an officer, director, manager, or member in statement of information filed with the Secretary of State for a cannabis business; any person listed in a governing document for a cannabis business, such as bylaws, articles of incorporation, or operating agreement; any person owning an interest in the cannabis business, unless the interest is solely a security, lien, or encumbrance; and any person that supervises an employee of the cannabis business. “Owner” shall have that meaning set forth in Cal. Bus. & Prof. Code § 26001(alm) and as it may be amended.
“Permittee” shall mean any person issued a cannabis use permit under Article X of Chapter 6.55 SLTCC.
“Police chief” shall mean the chief of the city of South Lake Tahoe police department. “Property” shall mean the designated structure or structures and land specified in the cannabis use permit application that is owned, leased or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. “State cannabis laws” means and includes Cal. Health & Safety Code §§ 11362.1 through 11362.45; Cal. Health & Safety Code § 11362.5 (Compassionate Use Act of 1996); Cal. Health & Safety Code §§ 11362.7 through 11362.83 (Medical Marijuana Program); Cal. Bus. & Prof.

Code § 26000 et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”)); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; Cal. Labor Code § 147.5; Cal. Rev. & Tax.

Code §§ 31020 and 34010 through 34021.5; Cal. Fish and Game Code § 12029; Cal. Water Code § 13276; all state regulations adopted pursuant to MAUCRSAby the Department of Cannabis Control; any license issued pursuant to MAUCRSAby the Department of Cannabis Control; and all other applicable laws of the state of California regulating cannabis or cannabis products. 354
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“State license” shall mean a license from the state Department of Cannabis Control issued pursuant to Division 10 of the Cal. Bus. & Prof. Code.

4.180.030 Cannabis businesses – General provisions.

A. Cannabis Use Permit and Public Safety License Required to Operate. It shall be unlawful for any person to engage in, to conduct or carry on (or to permit to be engaged in, conducted or carried on) in or upon property located within the city the operation of a cannabis business unless that person has first obtained and continues to maintain in full force and effect a valid cannabis use permit issued by the city for that property and that type of cannabis business and a valid cannabis public safety license issued by the city to the owner and/or operator of the cannabis business, pursuant to this chapter.

B. Imposition of Public Safety License Fees.

1. Every application for a cannabis public safety license or renewal of such license shall be accompanied by a license fee in an amount set forth by separate resolution of the city council, which amount is calculated to recover the city’s full cost of reviewing, issuing and administering said license. The application fee shall include the standard city fees for fingerprinting, photographing, and background check costs and shall be in addition to any other business license fee or permit fee imposed by this code or other governmental agencies.

2. A fee for renewal of a public safety license will be due annually.

C. Conditions of Operation.

1. Security Plan. A licensee shall provide adequate security on the premises of the cannabis business. The following minimum security standards shall be maintained at all times:
a. Surveillance System.
i. Each cannabis business shall be monitored at all times by a digital closed-circuit television surveillance system. Surveillance systems shall meet any applicable state law requirements, including those set forth in Title 4 of the California Code of Regulations Title 16, § 15044, and any subsequently enacted regulation. The camera and video recording surveillance system must be capable of providing surveillance of both interior and exterior areas of the cannabis business and must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the property. The recordings shall be maintained at the cannabis business or other location accessible to the police department for a period of not less than ninety (90) days.
ii. A sign shall be posted inside and at the entrances to the establishment indicating that the premises are under camera/video surveillance.
iii. The surveillance system recordings shall be maintained in such manner as to allow remote access by the police department. The police chief may request that the permittee provide secured electronic access to video feeds of the surveillance system 355
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in real time, to be provided via an online portal or through other software deemed acceptable to the police chief.
b. Loitering Adjacent to a Cannabis Business. Licensees shall take reasonable measures to reduce loitering by cannabis business members, patrons, guests and invitees in public areas, sidewalks, alleys and areas surrounding the property and adjacent premises during the business hours of the cannabis business.
c. Identification Verification System. Each cannabis business shall require identification upon entry to the cannabis business and shall implement electronic verification of identification provided to ensure that applicable age restrictions in SLTCC

6.55.800(A)(5) are complied with.
d. On-site Consumption. If a retail cannabis business includes an on-site consumption area, adequate security and lighting shall be provided for the on-site consumption area to protect the safety of patrons and protect the premises from theft.

2. Nuisances Prohibited. A licensee shall take reasonable steps to correct objectionable conditions that constitute a nuisance on any public sidewalk or public space abutting the cannabis business premises.
a. For purposes of this section, “objectionable conditions that constitute a nuisance” means public consumption of cannabis or cannabis products, disturbance of the peace, drug trafficking, disposing of litter or trash, or excessive loud noise. b. For purposes of this section, “reasonable steps” means all of the following:
i. Calling the local law enforcement agency. Timely calls to the local law enforcement agency that are placed by the licensee, or his or her agents or employees, shall not be construed as evidence of objectionable conditions that constitute a nuisance.
ii. Requesting those persons engaging in activities causing objectionable conditions to cease those activities, unless the licensee, or his or her agents or employees, feels that their personal safety would be threatened in making that request. iii. Making good faith efforts to remove items that facilitate loitering, such as furniture, except those structures approved or permitted by the local jurisdiction. The licensee shall not be liable for the removal of those items that facilitate loitering.

3. On-site Consumption Operations. A licensee with an on-site consumption area shall maintain the following operating conditions, in addition to the other operating conditions in this Subsection C, at all times:
a. No persons under 21 years of age shall be allowed in the on-site consumption area.

Employees shall notify patrons verbally and through posting of a conspicuous sign that entry into the premises by persons under the age of 21 is prohibited. 356
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b. Hours of operation for cannabis sales shall be limited to 6:00am to 10:00pm, and hours of operation in the on-site consumption area shall end no later than 2:00am, or as further limited by the cannabis use permit.
c. The licensee shall implement a ventilation plan to prevent the flow of smoke to all other areas of the cannabis business and neighboring businesses and properties, such that odor generated is not detected outside the consumption area. d. The licensee shall provide employee training on how to assist customers to avoid overconsumption of edibles. This training must include information about various products the consumption area sells, such as potency, absorption time, and effects. e. A responsible employee of the cannabis business must be present in the on-site consumption area at all times when it is open to customers. f. Cannabis products ingested, smoked, or vaped in an on-site consumption lounge must be purchased on-site.
g. An employee of the cannabis business must securely repackage a customer’s opened and unfinished cannabis products before the customer leaves the on-site consumption area.
h. The sale or consumption of alcohol or tobacco products is not allowed on the premises.
i. A licensee allowing smoking or vaping shall comply with SLTCC 4.100 (Clean Air and Health Protection).
j. Employees must cut off service to impaired customers and provide an option for a safe ride home, such as a shuttle, taxi, or ride-share service.

34. State License Required to Operate. Operation of a cannabis business shall not commence until a licensee has obtained a valid state license. Licensees shall maintain a valid state license at all times during operation of a cannabis business.

D. Inspection of Cannabis Business.

1. City officials may enter and inspect, investigate, audit, or review any licensee’s cannabis business, without prior notice, to ensure compliance and enforcement of the provisions of this chapter. An inspection, investigation, review or audit may be conducted at any time that the licensee is exercising privileges under the license or at such time otherwise as agreed to by the police chief and the licensee.

2. No licensee or any other person shall refuse, impede, obstruct, or interfere with an inspection pursuant to this chapter.

3. This subsection shall not be construed to require a licensee to cooperate with a request that would require the licensee to waive any constitutional or statutory privilege or to comply with a request for information or other matters within an unreasonable period of time in light of the time constraints of the licensee’s business.
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E. Notification to Police Department of Security Breaches. Each licensee shall notify the chief of police immediately after discovering any of the following: diversion, theft, loss, or any criminal activity involving the cannabis business; significant discrepancies identified during inventory; or any other breach of security.

F. Transfer of Cannabis Public Safety Licenses Prohibited. Cannabis public safety licenses issued pursuant to this chapter shall be nontransferable to a different person or entity. Any attempt to transfer or any transfer of ownership or control of a cannabis business shall be grounds for revocation of the cannabis public safety license by the chief of police.

4.180.040 Cannabis public safety license – General provisions.

A. Application Procedures.

1. Public safety license application must be approved prior to the applicant initiating the cannabis use permit application process as set forth more fully in Article X of Chapter 6.55 SLTCC.

2. Public safety licenses shall not be issued until after the city council has approved a development agreement for the proposed cannabis business.

3. The city council may set further application procedures and requirements by separate resolution.

B. Application Filing Requirements. A complete cannabis public safety license application or application for renewal or amendment along with all required fees and materials required by this chapter shall be submitted in order for a person, entity, and/or business to be considered for a cannabis public safety license. All cannabis public safety license applications or applications for renewal or amendment shall be filed with the chief of police using forms and authorizations provided by the city.

1. Eligibility for Filing. Public safety license applications and applications for renewal or amendment shall be filed by the owner and/or operator of the cannabis business.

2. Cannabis public safety license applications and applications for renewal or amendment shall include:
a. For each licensee, owner, operator and employee of the cannabis business, a fully legible copy of one valid government-issued form of photo identification, such as a state driver’s license or identification card. Acceptable forms of government-issued identification include, but are not limited to, driver’s license or photo identity cards issued by the State Department of Motor Vehicles (or equivalent), a passport issued by the United States or by a foreign government, U.S. Military ID cards (active duty or retired military and their dependents) or a permanent resident card. b. If the cannabis business is incorporated, a certified copy of the articles of organization, certificate(s) of amendment, bylaws, and statement(s) of information filed with the California Secretary of State for the cannabis business. 358
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c. If the cannabis business is a limited liability company, a certified copy of the articles of organization, certificate(s) of amendment, operating agreement, bylaws, and statement(s) of information filed with the California Secretary of State for the cannabis business.
d. If the cannabis business is an unincorporated association, a copy of the articles of association and any filings made with the California Secretary of State. e. The name, address, electronic mail address and mobile phone number of the applicant’s or licensee’s current designated agent for service of process. f. Emergency Contact. The name, electronic mail address, and mobile phone number of an owner, operator, or manager to act as an on-site community relations staff person to whom the city may provide notice of any operating problems associated with the cannabis business.
g. A statement dated and signed by each applicant, under penalty of perjury, that the applicant has personal knowledge of the information contained in the application, that the information contained therein is true and correct.

3. In addition to a completed public safety license application or application for renewal, applicants or licensees shall provide and submit the following information to the chief of police:
a. The applicant and each owner, operator and employee shall consent to fingerprinting and a criminal background investigation, and shall undergo fingerprinting and a criminal background investigation.
b. Security Plans. Applicants shall provide a plan to provide adequate security on the premises of the cannabis business. The plan shall include standards showing the cannabis business’s ability to comply with the conditions of SLTCC 4.180.030(C).

C. Ongoing Filing and Reporting Requirements. Where a cannabis business or licensee replaces, hires, appoints or employs new operators and/or employees to its cannabis business, all such operators and employees shall be required to submit to fingerprinting and a criminal background investigation pursuant to subsection (B)(3) of this section. A cannabis business or licensee has an ongoing obligation to immediately report to the police chief any conviction for an offense listed in SLTCC 4.180.050(A)(3) imposed on an owner, operator and/or employee of the cannabis business or licensee. A cannabis business or licensee shall also have an ongoing obligation to immediately report to the chief of police any of the events listed in SLTCC 4.180.050(A)(4) or (A)(5).

4.180.050 Public safety license and public safety licenseissuance, renewal, and amendment – Approval and denial.

A. Criteria for Issuance. Cannabis public safety license applications or applications for renewal or amendment shall be approved where the chief of police confirms that the following criteria have been met:
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1. The applicant and each owner, operator and employee of the cannabis business have authorized and completed fingerprinting.

2. The applicant and each owner, operator and employee of the cannabis business have authorized the use of their fingerprinting results to run a state and nationwide criminal background check.

3. The results of the criminal background checks establish that the applicant, owner(s), operator(s), and employees have not been convicted of an offense that is substantially related to the qualifications, functions, or duties of a cannabis business.

The following offenses are substantially related to the qualifications, functions, or duties of a cannabis business:
a. A violent felony conviction, as specified in Cal. Penal Code § 667.5(c). b. A serious felony conviction, as specified in Cal. Penal Code § 1192.7(c). c. A felony conviction involving fraud, deceit, or embezzlement. d. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling any controlled substance to a minor; or selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor.
e. A felony conviction for drug trafficking with enhancements pursuant to Cal. Health & Safety Code § 11370.4 or 11379.8.
f. Conviction for any controlled substance felony subsequent to licensure shall be grounds for revocation of a license or denial of the renewal of a license.

4. The applicant has not been convicted, cited, fined, or penalized by the state or any city, county, or city and county, or enjoined by any court of law, in the five years immediately preceding the application for a cannabis public safety license or cannabis public safety renewal license, for any unauthorized cannabis activities.

5. The applicant has not been convicted, cited, fined, or penalized by the state or any city, county, or city and county, or enjoined by any court of law, in the five years immediately preceding the application for a cannabis public safety license or cannabis public safety renewal license, for cultivation or production of a controlled substance on public or private lands.

6. Security Plan. The applicant or licensee has provided a security plan providing the minimum standards set forth in SLTCC 4.180.030(C)(1).

7. Minimum Age. The applicant or licensee, and each owner, operator and employee of the cannabis business, is at least 21 years of age.
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B. In addition to the criteria in subsection A, the chief of police shall approve amendments to cannabis public safety licenses to allow on-site consumption at retailers where the chief of police confirms the following criteria have been met:

1. The applicant has provided a site plan shows the area designated for on-site consumption is physically separated and has a separate secure entrance from the retail storefront, and the area designated for on-site consumption is not visible from a public space and is situated and ventilated to prevent odors perceptible to neighboring properties.

2. If the site plan shows that adding an on-site consumption area will result in expansion of the area for retail use permitted by the cannabis use permit, the planning commission has approved an amendment to the cannabis use permit allowing the enlargement of retail space under SLTCC 6.55.760.

3. The applicant has provided an updated security plan providing the minimum standards set forth in SLTCC 4.180.030(C)(1)(d).

4. The applicant has provided an operations plan providing the minimum standards set forth in SLTCC 4.180.030(C)(3).

BC. Criteria for Denial. Cannabis public safety licenses shall not be issued, or renewed, or amended where the chief of police confirms that one or more of the criteria set forth in subsection (A) or (B) of this section have not been met. If the chief of police denies the cannabis public safety license application or application for renewal or amendment, he or she shall specify in writing the reasons for the denial of the application or application for renewal, and notify the applicant that the decision shall become final unless the applicant seeks an appeal pursuant to subsection (CD) of this section.

CD. Appeal from Chief of Police Determination. An applicant who disagrees with the chief of police’s decision to approve or deny a cannabis public safety license application or application for renewal or amendment may appeal the decision to the city council in accordance with the appeal provisions of Chapter 2.35 SLTCC, Administrative Appeals.

4.180.060 Expiration and renewal of cannabis public safety licenses.

A. Cannabis public safety licenses shall expire one year after their issuance.

B. Cannabis public safety licenses must be renewed on an annual basis prior to expiration by filing with the chief of police an application for renewal and a renewal fee in an amount set forth by separate resolution of the city council, which amount is calculated to recover the city’s full cost of reviewing, issuing and administering said license.

C. The application for renewal and the renewal fee shall be filed at least 30 days, but not more than 60 days, prior to the expiration of the public safety license. If a timely renewal application is filed, the licensee’s cannabis public safety license shall not expire until the date that the chief of police approves or denies the public safety license application for renewal.

D. An application for renewal shall be subject to all filing requirements set forth in SLTCC

4.180.040(B) and (C).
361
Chapter 4.180 Cannabis Public Safety License Ordinance
Redline – Onsite Consumption Allowed

E. The chief of police shall issue or deny an application for renewal in accordance with the provisions of SLTCC 4.180.050.

4.180.070 Suspension and revocation by chief of police.

A. A cannabis public safety license issued under the terms of this chapter shall be suspended or revoked by the chief of police if he or she concludes any of the following:

1. The cannabis business or licensee has violated any of the requirements of this chapter.

2. The cannabis business is being operated in a manner which violates the security plan required by this chapter.

3. The cannabis business is being operated in a manner which constitutes a nuisance.

4. The cannabis business has failed to comply with the conditions of operation set forth in SLTCC 4.180.030(C).

5. The cannabis business has ceased to operate for 30 days or more.

6. Results of a criminal background check establish that a licensee, owner(s), operator(s), and/or employee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of a cannabis business, as set forth in SLTCC

4.175180.050(A)(3).

7. The applicant has been convicted, cited, fined, or penalized by any state or any city, county, or city and county, or enjoined by any court of law, in the five years immediately preceding the application for a cannabis public safety license or cannabis public safety renewal license, for any unauthorized cannabis activities.

8. The applicant has been convicted, cited, fined, or penalized by the state or any city, county, or city and county, or enjoined by any court of law, in the five years immediately preceding the application for a cannabis public safety license or cannabis public safety renewal license, for cultivation or production of a controlled substance on public or private lands.

9. The cannabis business is being operated in a manner which conflicts with or violates state cannabis laws.

10. A licensee’s cannabis use permit issued pursuant to Chapter 6.55 SLTCC has been terminated or revoked.

11. A licensee has attempted to transfer or has transferred a cannabis public safety license to another person or entity.

12. A licensee’s state license has been suspended, terminated, or revoked.

B. Expiration. Any cannabis public safety license revoked pursuant to this subsection shall be deemed to be expired and shall no longer entitle the licensee to any privileges authorized by the cannabis public safety license.
362
Chapter 4.180 Cannabis Public Safety License Ordinance
Redline – Onsite Consumption Allowed

C. Appeal from Chief of Police Determination. A licensee who disagrees with the chief of police’s decision to suspend or revoke a cannabis public safety license may appeal the police chief’s decision to the city council in accordance with the appeal provisions of Chapter 2.35 SLTCC, Administrative Appeals.

4.180.080 No vested rights.

No person(s) shall have any vested rights to a cannabis public safety license, right or interest under this chapter, regardless of whether such person(s) cultivated, sold, distributed or otherwise engaged in acts related to the use of cannabis prior to adoption of the ordinance codified in this chapter.
363
Resolution 2022-001
Adopted by the City of South Lake Tahoe
Planning Commission
February 10, 2022
Recommending that City Council Adopt an Ordinance Amending Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code Regarding On-Site Consumption at Cannabis Retailers, to Increase Allowed Canopy Size of Indoor Cultivation to 22,000 Square Feet, and to Allow Owners and Operators to Hold More Than One Non-Retail Permit

BACKGROUND
A. On February 5, 2019, the City Council adopted Ordinance No. 2019-1126 ("Cannabis Ordinance"), which regulates cannabis businesses in order to ensure the health, safety, and welfare of the residents of and visitors to the City of South Lake Tahoe.

B. On May 18 and October 19, 2021 , the City Council conducted public meetings to solicit public comment on and discuss potential amendments to the Cannabis Ordinance.

C. On October 19, 2021 , the City Council provided direction to staff to draft amendments to the Cannabis Ordinance to be brought back for consideration in early 2022.

D. On February 10, 2022, the Planning Commission conducted a public hearing to consider amendments to the Cannabis Ordinance.

E. The Planning Commission has reviewed and considered the amendments to the Cannabis Ordinance and environmental analysis at a duly noticed public hearing.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the Planning Commission of the City of South Lake Tahoe:

1. Recommends that the City Council find that the 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act (CEQA), and CEQA Guidelines section 15162 because the proposed ordinance is within the scope of the previous EIR and there are no substantial changes to the project or the circumstances that require major revisions to the previous EIR due to new significant environmental effects, new information of substantial importance that shows the project will have significant effects not discussed in the previous EIR, sign ificant effects previously examined would be more severe, or mitigation measures or alternatives previously found not to be feasible would substantially reduce one or more significant effects. 364

2. Recommends that the City Council adopt Version 1 of the ordinance to amend Article X of Chapter 6.55 of the South Lake Tahoe City Code, attached hereto as Exhibit A.

3. Further recommends that the ordinance be amended to require that cannabis cultivators taking advantage of the increased canopy size between 5,000 to 22,000 square feet be required to implement renewable energy and energy efficiency measures.

Adopted by the City of South Lake Tahoe Planning Commission on February 10, 2022 by the following vote:

Yes: Feiger and Roberts
No: Wieczorek

Absent: Rahbeck and Williams
Natalia Wieczorek, Vice Chair
Attest:
~
Susan Blankenship, City Clerk
D t
Feb 28, 2022
ae: ___ _
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe Planning Commission.
365
Exhibit A
Ordinance 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
April 5, 2022
An Ordinance Amending Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code to Allow On-Site Consumption at Cannabis Retailers, to Increase Allowed Canopy Size of Indoor Cultivation to 22,000 Square Feet, and to Allow Owners and Operators to Hold More Than One NonRetail Permit

FINDINGS
A. On February 5, 2019, the City Council adopted Ordinance No. 2019-1126 ("Cannabis Ordinance"), which regulates cannabis businesses in order to ensure the health, safety, and welfare of the residents of and visitors to the City of South Lake Tahoe.

B. On May 18 and October 19, 2021 , the City Council conducted public meetings to solicit public comment on and discuss potential amendments to the Cannabis Ordinance.

C. On October 19, 2021 , the City Council provided direction to staff to draft amendments to the Cannabis Ordinance to be brought back for consideration in early 2022.

D. On February 10, 2022, the Planning Commission conducted a duly noticed public hearing to consider amendments to the Cannabis Ordinance and the associated environmental analysis.

E. The Planning Commission adopted Resolution No. 2022-xxx recommending that City Council adopt amendments to the Cannabis Ordinance to allow on-site consumption at cannabis retailers, increase allowed canopy size of indoor cultivation to 22,000 square feet, and to allow owners and operators to hold more than one non-retail permit.

Now, Therefore, the City Council of City of South Lake Tahoe does ordain as follows:

SECTION 1. Section 6.55. 710 (Definitions) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows :

For the purposes of this article, the following words and phrases shall have the following meanings:
"Applicant" means any person who is required to file an application for a cannabis use permit and development agreement to operate a cannabis business under this article, including without limitation an individual owner, operator, or agent of a cannabis business. 366
"Cannabis" shall have the meaning set forth in Section 26001 (e) of the Business and Professions Code and as subsequently amended.
"Cannabis business" shall include:
a. Any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity takes place.
b. Any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in , conducts, or carries on , or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license under Business and Professions Code Section 26000 and following , including but not limited to cannabis cultivation, cannabis distribution, cannabis manufacture, cannabis testing and cannabis retail sales, and the operation of a cannabis microbusiness. "Cannabis product" shall have the same meaning as in Section 11018.1 of the Health and Safety Code.
"Canopy" means all areas occupied by any portion of a cannabis plant, encompassing all vertical planes (i.e. , stacking of plants), whether contiguous or noncontiguous on any one site. The canopy shall be measured by taking the longest length and widest width of existing plants (including all gaps, walkways, and open areas between plants) and multiplying the longest length by the longest width to get the area of the cannabis canopy. Each level of a stacked cultivation will be calculated as a separate canopy.
"Commercial cannabis activity" shall include the cultivation , possession, manufacturing, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products, or acting as a cannabis event organizer for temporary cannabis events.
"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.
"Cultivator" means any cannabis business engaged in cultivation activities, but specifically excluding cultivation in a private residence or accessory dwelling unit authorized pursuant to SL TCC 6.55.720. "Day care center'' shall have that meaning as set forth Section 1596.76 of the Health and Safety Code.
"Delivery" means the commercial transfer of cannabis or cannabis products to a customer or patient. "Delivery" also includes the use by a retailer of any technology platform. "Delivery operation" means a cannabis business that engages in or otherwise provides deliveries. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensees.
"Distributor'' means any cannabis business engaged in distribution. "Drug paraphernalia" shall have the meaning set forth in California Health and Safety Code Section 11014.5, and as subsequently amended.
"Edible cannabis product" means cannabis that is intended to be used, in whole or in part, for human consumption.
367
"Extraction" means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means.
"Identification card" shall have the meaning set forth in California Health and Safety Code Section 11362. 712, and as may be amended from time to time.
"Manufacture" means to compound , blend, extract, infuse, package, label, or otherwise make or prepare a cannabis product.
"Manufacturer" means any cannabis business that conducts any activities involving the manufacture of a cannabis product.
"Medicinal cannabis" or "medicinal cannabis product" shall have the meaning set forth in California Business and Professions Code Section 26001 (ai), which includes cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at California Health and Safety Code Section 11362.5, by a medicinal cannabis patient in California who possesses a physician's recommendation . "Medical marijuana dispensary" shall mean a cooperative or collective of four or more members associating at a particular location or real property to cooperatively distribute cannabis to members for medical purposes and that operates on a not-for-profit basis. "Microbusiness" means a cannabis business that engages in commercial cannabis activities of at least three of the following types of cannabis businesses: retailer, distributor, manufacturer, cultivator. "Operator" shall mean any person responsible for management of the cannabis business; any person listed as an officer, director, manager, or member in the Statement of Information filed with the Secretary of State for a cannabis business; any person listed in a governing document for a cannabis business, such as bylaws, articles of incorporation, or operating agreement; any person owning an interest in the cannabis business, unless the interest is solely a security, lien , or encumbrance; and any person that supervises an employee of the cannabis business. "Owner" shall have that meaning set forth in Section 26001 (am) of the Business and Professions Code and as it may be amended.
"Package" or "packaging" means any container or wrapper that may be used for enclosing or containing any cannabis products. The term "package" does not include any shipping container or outer wrapping used solely for the transportation of cannabis products in bulk quantity to another licensee or licensed premises.
"Park" shall mean any land, with public access, intended to provide recreation . For the purposes of this article, "park" also includes public beaches.
"Permittee" shall mean any person issued a cannabis use permit under this article. "Physician" shall mean a licensed medical doctor, including a doctor of osteopathic medicine as defined in the California Business and Professions Code. "Property" shall mean the designated structure or structures and land specified in the cannabis use permit application that is owned, leased or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted . "Retailer'' means any cannabis business that engages in the sale of cannabis or cannabis products to customers, including medical and adult-use cannabis or cannabis products. 368
"School" means any public or private school providing instruction in kindergarten or any of grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private homes.
"State cannabis laws" means and includes California Health and Safety Code Sections 11362.1 through 11362.45; California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362. 7 to 11362.83 (Medical Marijuana Program); California Business and Professions Code Section 26000 et seq. (Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA)); all state laws enacted or amended pursuant to SB-94, Chapter 27, Statutes of 2017; the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August 2008, as such guidelines may be revised from time to time by action of the Attorney General; California Labor Code Section 147.5; California Revenue and Taxation Code Sections 34010 through 34021.5; California Fish and Game Code Section 12029; California Water Code Section 13276; all state regulations adopted by the Department of Cannabis Control; any license issued by the Department of Cannabis Control; and all other applicable laws of the state of California regulating cannabis or cannabis products. "Testing laboratory" means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products.
"Youth centers" shall mean any youth center, as defined in Section 11353.1 (e)(2) of the Health and Safety Code, any playground, as defined in Section 11353.1 (e)(1) of the Health and Safety Code, and any child day care facility, as that term is defined in Section 1596.750 of the Health and Safety Code.

SECTION 2. Subsection 6.55.740(A) (Cannabis Businesses Allowed) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is amended to read as follows:

A. Cannabis Businesses Allowed.

1. Only those types of cannabis businesses set forth in this section shall be allowed within the city:
a. Retailers.
b. Microbusinesses.
c. Testing labs.
d. Cultivators.
e. Manufacturers.
f. Distributors.
g. Delivery operations.
h. Existing permitted medical marijuana dispensaries, subject to SL TCC 6.55.840.

Any and all cannabis businesses, activities, nonprofits, associations, enterprises, collectives, cooperatives or dispensaries not expressly described herein are expressly prohibited. Temporary cannabis events are prohibited within the city.

2. No more than one cannabis business may exist in the same suite or unit on a lot or parcel of property.
369

3. An owner and/or operator of a cannabis business may not own or operate more than one retail cannabis business, including a microbusiness with a retailer component, within the city.

4. No more than four retailers are permitted in the city, including microbusinesses with a retailer component.

5. No more than two microbusinesses are permitted in the city, unless after the application period referenced in SL TCC 6.55.750(C) there are open permits for retailers, cultivators, manufacturers, or distributors, in which case the city council may adopt a resolution to reopen the application period to allow additional microbusinesses combining the open permit types.

6. No more than two cultivators are permitted in the city.

7. No more than four manufacturers are permitted in the city.

8. Distributors are permitted in the city only as part of a microbusiness, unless one or more of the permitted microbusinesses do not include a distributor component, in which case a distributor shall be permitted for each microbusiness without a distributor component.

9. Medical marijuana dispensaries operating under SL TCC 6.55.840 shall not be considered in determining the number of retailers, microbusinesses, manufacturers, distributors, or cultivators allowed under subsections (A)(4) through (A)(8) of this section. The maximum number of cannabis businesses permitted under the numerical limitations set forth in subsections (A)(4) through (A)(8) of this section are in addition to any medical marijuana dispensaries operating under SL TCC 6.55.840.

SECTION 3. Subsection 6.55.760(8) (Supplemental Findings - Cannabis Testing Laboratory) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

B. Supplemental Findings - Cannabis Testing Laboratory. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a testing lab:

1. The owners, permittees, operators, and employees of the testing lab will not be associated with any other form of commercial cannabis activity.

2. The testing lab meets the accreditation requirements set forth in Business and Professions Code Section 261 00(h) and any applicable regulations enacted by the Department of Cannabis Control.

3. The testing lab operating plan demonstrates proper protocols and procedures for statistically valid sampling methods and accurate certification of cannabis and cannabis products for potency, purity, pesticide residual levels, mold, and other contaminants according to adopted industry standards.

SECTION 4. Subsection 6.55.760(C) (Supplemental Findings - Cultivators) of Article X of Chapter

6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

C. Supplemental Findings - Cultivators. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a cultivator:
370

1. The cultivation of cannabis for commercial purposes shall only be cultivated within a fully enclosed space.

2. The cultivation of cannabis for commercial purposes shall be limited to 22,000 square feet of total canopy size per property.

3. The cultivation of cannabis will be conducted in accordance with all applicable federal , state, and local laws and regu lations governing the use of pesticides.

SECTION 5. Subsection 6.55.760(0) (Supplemental Findings - Manufacturers) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

D. Supplemental Findings - Manufacturers. In addition to the findings required for the approval of a cannabis use permit as set forth in subsection (A) of this section, the planning commission, or the city council on appeal, shall consider the following supplemental findings in determining whether to grant, modify, or deny a cannabis use permit for a manufacturer:

1. The manufacturer shall be limited to 2,500 square feet of fully enclosed space.

2. The manufacturer shall not undertake any volatile extraction activities, and shall only conduct the operations authorized under the "Type 6," "Type N," or "Type P" license categories, as defined in the Department of Cannabis Control regulations, Title 19 of the Cal ifornia Code of Regulations, Section 17006, as may be amended.

SECTION 6. Subsection 6.55.800(A)(13) (On-Site Consumption) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

13. On-Site Consumption. On-site consumption is allowed at perm itted retailers and microbusinesses with a retailer component upon approval of an amended Public Safety License under Section 4.180.050 and, if the addition of on-site consumption increases the floor area used for retail, approval of an amended Cannabis Use Permit under SL TCC section 6.55.800(8)(2).

SECTION 7. Subsection 6.55.800(8)(4) (Hours of Operation) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows :

4. Hours of Operation. Retailers may only operate during the hours between 6:00 a.m. through 10:00 p.m., except that authorized on-site consumption areas may operate until 2:00 a.m. with no cannabis sales after 10:00 p.m. The planning commission may further restrict a retailer's days and hours of operation as a condition of a cannabis use permit. A retailer shall post its approved days and hours of operation on a sign located on the street frontage of the cannabis business in a manner consistent with the city's sign regulations.

SECTION 8. Subsection 6.55.800(C) (Supplemental Conditions - Cultivators) of Article X of Chapter

6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

C. Supplemental Conditions - Cultivators. In addition to each of the conditions of operation set forth in subsection (A) of this section, a cannabis cultivation operation shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Outdoor commercial cultivation prohibited. The cultivation of cannabis for commercial purposes may only be cultivated within a ful ly enclosed space.

2. The cultivation of cannabis for commercial purposes shall be limited to 22,000 square feet of total canopy size per property.
371

3. The cultivation of cannabis must be conducted in accordance with all applicable federal , state, and local laws and regulations governing the use of pesticides. Any fumigation or insecticidal fogging shall comply with the California Fire Code Chapter 26 (Fumigation and Insecticidal Fogging).

4. Screening. Cannabis plants shall not be visible from any location beyond the property.

5. Cultivators shall maintain either the "Type 1 A" (specialty indoor), "Type 1 B" (specialty mixedlight), "Type 1 C" (specialty cottage), "Type 2A" (small indoor), "Type 2B") (small mixed-light), "Type 3A" (indoor), "Type 3B" (mixed-light) or "Type 4" (nursery) licenses as defined in Business and Professions Code Section 26061, and issued by the Department of Cannabis Control, at all times of operation.

6. Cultivators may not engage in retail sales at the same property as cultivation .

SECTION 9. Subsection 6.55.800(E)(2) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows :

2. Microbusinesses undertaking manufacturing activity shall utilize only extraction processes that employ nonvolatile solvents for the purposes of extracting cannabinoids and processes that are recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act. Microbusinesses undertaking manufacturing activity shall maintain a license of the "Type 6," "Type N," or "Type P" license categories, as defined in Title 19 of the California Code of Regulations, Section 17006, as may be amended.

SECTION 10. Subsection 6.55.B00(F) (Supplemental Conditions - Manufacturers) of Article X of Chapter 6.55 (Cannabis Regulations) of the South Lake Tahoe City Code is hereby amended to read as follows:

F. Supplemental Conditions - Manufacturers. In addition to each of the conditions of operation set forth in subsection (A) of this section, manufacturers shall be operated, maintained, and managed in compliance with the following supplemental conditions:

1. Manufacturers shall not engage in on-site retail sales of cannabis or cannabis products.

2. Manufacturers shall utilize only extraction processes that employ nonvolatile solvents and are recognized as safe pursuant to the Federal Food, Drug, and Cosmetic Act.

3. Standard of Equipment. Manufacturing, processing, and analytical testing devices used by manufacturers must be UL (Underwriters Laboratories) listed or otherwise certified by an approved third party testing agency or engineer and approved for the intended use by the city's building official and fire code official.

4. Food Handler Certification. All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be state-certified food handlers.

The valid certificate number of each such owner, employee, volunteer, or other individual must be on record at the property where the individual participates in the production of edible cannabis products.

5. Edible Cannabis Product Manufacturing. Manufacturers that sell or manufacture edible cannabis products shall obtain a county health permit to sell and/or manufacture edible cannabis products. Permit holders shall comply with county health permit requirements. 372

6. The manufacturer shall maintain a manufacturer license of "Type 6," "Type N," or "Type P" license categories, as defined in Title 19 of the California Code of Regulations, Section 17006, as may be amended.

SECTION 11 . If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 12. The City Council finds that the 2030 General Plan EIR adequately addresses the potential environmental impacts of the proposed ordinance and that no further environmental analysis is required to comply with the California Environmental Quality Act (CEQA), and CEQA Guidelines section 15162 because the proposed ordinance is within the scope of the previous EIR and there are no substantial changes to the project or the circumstances that require major revisions to the previous EIR due to new significant environmental effects, new information of substantial importance that shows the project will have significant effects not discussed in the previous EIR, significant effects previously examined would be more severe, or mitigation measures or alternatives previously found not to be feasible would substantially reduce one or more significant effects.

SECTION 13. The City Clerk is directed to certify this Ordinance and cause it to be published in the manner required by law.

SECTION 14. This Ordinance shall become effective 30 days following its adoption.

Yes:

No:

Abstain:

Absent:

Date:
----
Devin Middlebrook, Mayor
Attest:

Susan Blankenship, City Clerk
First Reading:

Published:

Effective
373
Resolution 2022-XXX February 10, 2022 Page 11 of 11
374
Resolution 2022-001 Ammendment to proposed
Cannabis Ordinance
Final Audit Report 2022-02-28
Created: 2022-02-11
By: jo Mcdonough [email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAu4o63A7D14kDvGjo8Nv3mUTyll0G2oEk "Resolution 2022-001 Ammendment to proposed Cannabis Ordi nance" History
f:l Document created by jo Mcdonough [email protected]) 2022-02-11 - 8:1 6:29 PM GMT- IP address: 128.92.136.146 q Document emailed to Sue Blankenship ([email protected]) for signature 2022-02-11- 8:19:12 PM GMT
f:l Email viewed by Sue Blankenship ([email protected]) 2022-02-11 - 9:46:04 PM GMT- IP address: 128.92.136.146 0'"8 Document e-signed by Sue Blankenship ([email protected]) Signature Date: 2022-02-11 - 9:47:06 PM GMT - Time Source: server- IP address: 128.92.136.146

12. Document emailed to [email protected] for signature 2022-02-11 - 9:47:07 PM GMT
~ jo Mcdonough [email protected]) replaced signer [email protected] with Natalia Wieczorek ([email protected])
2022-02-28 - 11 :36:10 PM GMT- IP address: 128.92.136.146 q Document emailed to Natalia Wieczorek ([email protected]) for signature 2022-02-28 - 11 :36:10 PM GMT
f:l Email viewed by Natalia Wieczorek ([email protected]) 2022-02-28 - 11 :37:56 PM GMT- IP address: 66.249.84.65 0o Document e-signed by Natalia Wieczorek ([email protected]) Signature Date: 2022-02-28 - 11 :40:17 PM GMT - Time Source: server- IP address: 24.176.188.1 77 0 Agreement completed.
2022-02-28 - 11 :40: 17 PM GMT
• Adobe Sign
375

NOTICE OF A PUBLIC

HEARING

CITY OF SOUTH LAKE

TAHOE CITY COUNCIL

MEETING

NOTICE IS HEREBY
GIVEN that in accordance
with Sections 65090
and 65091 (Planning
and Zoning Law) of the
Government Code: the
City of South Lake Tahoe
City Council will conduct
a public hearing on March
15, 2022 at 5:30 p.m.,
or as soon thereafter
as possible, in the City
Council Chambers, 1901
Lisa Maloff Way, South
Lake Tahoe Airport, to
consider the following:
§ Ordinance to Amend
Article X (Cannabis
Regulations) of Chapter

6.55 of the South
Lake Tahoe City Code
Regarding On-Site
Cannabis Consumption
at Cannabis Retailers, to
Increase Allowed Canopy
Size of Indoor Cultivation
to 22,000 Square Feet,
and to Allow Owners and
Operators to Hold More
than One Non-Retail
Permit
Summary : Consideration
of proposed amendments
to Article X (Cannabis
Regulations). At a
public hearing on
March 10, 2022, the
Planning Commission
recommended that the
City Council adopt an
ordinance to amend the
Cannabis Regulations
to allow on-site
consumption at permitted
cannabis retailers,
increase allowed canopy
size of indoor cultivation
to 22,000 square feet
with additional energy
efficiency/renew able
energy requirements,
and to allow owners
and operators to hold
more than one non-retail
permit. The Planning
Commission also
recommended that City
Council find that the
2030 General Plan EIR
adequately addresses the
potential environmental
impacts of the proposed
ordinance and that no
further environmental
analysis is required to
comply with the California
Environmental Quality Act
(CEQA). City Council will
consider a version of the
ordinance allowing onsite consumption and a
version of the ordinance
continuing to prohibit
on-site consumption.
(Heather Stroud, City
Attorney, hstroud@
cityofslt.us .

All interested persons
are invited to attend and
speak on the ordinance or
may write their comments
to the City Council.

Pursuant to Government
Code Section 65009(b)
(2), if you challenge the
application in court, you
may be limited to raising
only those items you or
someone else raised
at the Public Hearing
described in this notice, or
in written correspondence
delivered to the City
Council at, or prior to,
the Public Hearing. Any
written correspondences
should be directed to the
South Lake Tahoe City
Clerk, 1901 Lisa Maloff
Way, South Lake Tahoe,
CA 96150 or via email to
sblankenship@cityofslt.
us
A staff report will be
available at least three
days prior to the hearing
and can be downloaded
from the City of South
Lake Tahoe website
(https://www.city ofslt.
us/84/Watch-CityCouncilCommissionMeetings) For any
questions, please contact
the City Attorney at (530)
542-6046 or hstroud@
cityofslt.us
Published: March 4,
2022
376
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 15, 2022
Agenda Item #: 10
Agenda Item: Cannabis Revenue Policy, Grant Program Process and Guidelines Executive Summary: On May 18, 2021, the City Council adopted the cannabis community benefit fee revenue allocation policy to create a community-wide benefit grant program. This program will provide funding opportunities to local schools, government agencies and non-profit organizations with programs or projects designed to mitigate potential impacts of the cannabis industry in South Lake Tahoe and which promote the priorities of the City Strategic Plan. Staff is bringing forward this item to create the cannabis revenue grant program process and guidelines.

Requested Action / Suggested Motions: Pass a Resolution adopting the Cannabis Revenue Policy, Grant Program Process and Guidelines.

Responsible Staff Member: Joseph Irvin, City Manager
Responsible Staff Member: Joseph Irvin, City Manager (530) 542-6043 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - Cannabis revenue grant program process and guidelines.docx 02-Resolution-Cannabis Revenue Grant Program Process and Guidelines.docx 03-Exhibit A to Reso - CANNABIS REVENUE GRANT PROGRAM PROCESS AND GUIDELINES.docx 377
Council Agenda Report March 15, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: March 15, 2022
Title: Cannabis Revenue Grant Program process and guidelines Location: Citywide
Responsible Staff Member: Joseph Irvin, City Manager (530) 542-6043 Background:

On May 18, 2021 the City Council adopted the cannabis community benefit fee revenue allocation policy to create a community-wide benefit grant program. This program will provide funding opportunities to local schools, government agencies and non-profit organizations with programs or projects designed to mitigate potential impacts of the cannabis industry in South Lake Tahoe and which promote the priorities of the City Strategic Plan. Staff is bringing forward this item to create the cannabis revenue grant program process and guidelines.

Issue and Discussion:

The community public benefit fee revenue collection was created for the purpose of the betterment of our community including public safety and financial support for community’s schools and non-profit organizations. The City Manager and staff propose initiating a distribution of the available funds to the organizations that to date requested funding assistance from the City.

To help Council with future revenue distribution the City Council adopted the following policy on May 18, 2021:

1. Create a Community-wide Benefit Grant Program funded by Cannabis Community Benefit Fee revenue. This program will provide funding to local schools, government agencies and non-profit organizations with programs or projects designed to mitigate potential impact of the cannabis industry in South Lake Tahoe. The program will operate through an application process to be established prior to the next year’s mid-year budget process.

2. Allocate up to 50% of the previous year’s revenue to the new Community-wide Benefit Grant Program during a mid-year budget process.

3. Allocate a portion of the remaining revenue back to the General Fund for projects that meet and/or enhance community needs and benefit a large cross section of residents having a direct correlation to resident services and enhancement in the areas of recreation, economic development, support services and the environment.
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Council Agenda Report March 15, 2022 Page 2 of 2
To assist the City Council in the evaluation of the community-wide cannabis revenue grant program the attached process and guidelines (Attachment 03) have been developed to assist the City in an annual review of proposals for funding opportunities to local schools, government agencies and non-profit organizations with programs or projects designed to mitigate potential impacts of the cannabis industry in South Lake Tahoe and which promote the priorities of the City Strategic Plan. The City’s Strategic Priorities are Built Environment, Recreation and Equitable Access, Community for All, Economic Development and Continuous Improvement; and the Strategic Plan can be found here: https://www.cityofslt.us/DocumentCenter/View/15828/City-ofSLT-Strategic-Plan-web-version Financial Implications:

The mid-year budget proposes the appropriation of $400,000 be made available for the cannabis revenue grant program this fiscal year.

Environmental Considerations:

None.

Policy Implications:

The proposed process and guidelines are consistent with the established cannabis revenue allocation policy adopted on May 18, 2021.
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Resolution 2022-XXX March 15, 2022 Page 1 of 1
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
March 15, 2022
Approving the Cannabis Revenue Grant Program Process and Guidelines

BACKGROUND
A. On May 18, 2021 the City Council adopted the cannabis community benefit fee revenue allocation policy to create a community-wide benefit grant program. This program will provide funding opportunities to local schools, government agencies and non-profit organizations with programs or projects designed to mitigate potential impacts of the cannabis industry in South Lake Tahoe and which promote the priorities of the City Strategic Plan.

B. Cannabis businesses operate pursuant to individual Development Agreements that require to submit to the City on a monthly basis within 45 days following the month end the Community Benefit Fees payment equivalent six (6) percent of Gross Receipts for that month.

C. The proposed community-wide cannabis revenue grant program application process and guidelines (Exhibit A) to this Resolution have been developed to assist the City in an annual review of proposals for funding opportunities to local schools, government agencies and non-profit organizations with programs or projects designed to mitigate potential impacts of the cannabis industry in South Lake Tahoe and which promote the priorities of the City Strategic Plan.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Approves the Cannabis Revenue Grant Program Process and Guidelines attached hereto as Exhibit “A.”
Adopted by the City of South Lake Tahoe City Council on March 15, 2022 by the following vote:

Yes:

No:

Absent:

Abstain:
___________________________ Date:___________
Devin Middlebrook, Mayor
Attest:
____________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
380

CANNABIS REVENUE GRANT PROGRAM
Process & Guidelines
To assist the City Council in the evaluation of the community-wide cannabis revenue grant program the following process and guidelines have been developed to assist the City in an annual review of proposals for funding opportunities to local schools, government agencies and non-profit organizations with programs or projects designed to mitigate potential impacts of the cannabis industry in South Lake Tahoe and which promote the priorities of the City Strategic Plan. The City’s Strategic Priorities are Built Environment, Recreation and Equitable Access, Community for All, Economic Development and Continuous Improvement; and the Strategic Plan can be found here: https://www.cityofslt.us/DocumentCenter/View/15828/City-of-SLTStrategic-Plan-web-version

GRANT AMOUNTS
 Grants amounts will range from $1,000 to $50,000.

WHEN CAN I APPLY?
The City grant program will open annually on April 15th, and the submittal period will remain open annually until May 15th.

ELIGIBILITY
 Your entity and proposal must be focused on efforts to mitigate potential impacts of the cannabis industry in South Lake Tahoe and which promote the priorities of the City Strategic Plan.
 Your entity must be located within the city of South Lake Tahoe, CA.  If you are a past year recipient you must be in compliance with the annual reporting requirement, which includes the submittal of a written report detailing how your previous award was expensed to the City no later than March 31st following a previous year’s grant award.

APPLICATION REVIEW
 Please be sure your application is complete when you send it in.  Applications will be reviewed by the grant committee consisting of the Mayor, one City Council Finance Committee member, the City Manager and the City’s Finance Director.  The grant committee will make recommendations to the City Council no later than June 30th annually for consideration and approval.
 To provide transparency, the City of South Lake Tahoe will post a list on the City’s website showing all grant recipients and the amount received. By signing and submitting 381
a grant program application with the City of South Lake Tahoe, you agree to have your company’s name along with the grant amount listed on the website.

SUBMITTING YOUR APPLICATION
You will be required to submit the following required documentation along with your signed application form.

1. A current IRS Form W-9 (showing your Taxpayer ID).

Please submit the application form and the supporting documentation in an envelope (please write “Cannabis Revenue Grant Application” on the envelope) at the City of South Lake Tahoe City Hall, 1901 Lisa Maloff Way, Suite #210, South Lake Tahoe, CA. 96150 in the finance drop-box or mail to the above address.

To be considered for the grant applications, your materials must be in by 5:00 P.M. on, May 15th.

Contact the City of South Lake Tahoe at [email protected] with any questions and we will return your e-mail promptly.
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City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 15, 2022
Agenda Item #: 11
Agenda Item: Police Department Annual Report 2021
Executive Summary: Police Department Annual Report 2021 provided to City Council.

Requested Action / Suggested Motions: Receive and File.

Responsible Staff Member: David Stevenson, Police Chief Responsible Staff Member: David Stevenson, Police Chief (530) 545 2765 Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-STAFF REPORT - PD ANNUAL REPORT 2021.docx
02 - PD Annual Report 2021.pdf
383
Council Agenda Report March 15, 2022 1
City of South Lake Tahoe
Report to City Council
Meeting Date: March 15, 2021
Title: Police Department Annual Report 2021
Location: Police Department
Responsible Staff Members: David Stevenson, Police Chief (530) 545-2765 Background: The Police Department began producing an annual report in 2020, this is the second annual report, and is for 2021.

Issue and Discussion: 2021 provided significant challenges for our entire community including the Police Department. This report highlights accomplishments, police response statistics, joint dispatch center statistics, and other Police Department events for the year, and we are honored to present the attached annual report.

Financial Implications: None
Policy Implications: None.
384
SLTPD Annual Report 2021
Annual Report
2021
South Lake Tahoe
Police Department
385
SLTPD Annual Report 2021
Mission Statement:

Working in partnership with the community, to protect life and property, providing leadership in solving neighborhood problems, and enhance the quality of life in our city.
386
SLTPD Annual Report 2021
2021 in some ways felt like an extension of 2020 but also presented our community with unique challenges. The challenges of policing during COVID remained. Our new public safety radio system began construction and wild fire dominated the summer. STACS continued to focus on those experiencing mental health disorders, substance use disorders, and/or homelessness. The Police Advisory Commission was created. We were finally able to host our annual awards ceremony and update our Department photo.

And through it all the Police Department delivered on their sworn oath to provide compassionate police service to this great community.

Construction of our new public safety radio project which was approved by the City Council in 2020 began in 2021. Infrastructure has been built and we anticipate the radio project to be completed sometime in 2022. In 2021 City Council also approved the purchase of a new computer aided dispatch (CAD) and police records management system (RMS). This will replace our 22 year old system and provide the police and fire department with many critical upgrades including increased interoperability with allied public safety agencies.

STACS continued to grow through 2021. Many challenges have been faced mostly due to staffing problems of all partners and the police department. We will continue to improve the program with an emphasis on working with El Dorado County Behavioral Health (and other community STACS partners) in developing a real “in the field” response model for persons experiencing mental health and/or substance use disorders. In 2021 the City Council also approved the creation of a Mental Health Subcommittee to support efforts to increase mental health services in South Lake Tahoe. I’m honored to be a part of that committee and appreciate the support of City Council on this important issue.

Under City Council direction, the Police Advisory Commission was established in 2021 and held it’s first meeting. Discussions about policing in our community have been healthy and I look forward to working with the commission on police issues in the future.

The big event of 2021 was the Caldor Fire. I’m so proud and thankful for this community and all City employees who helped during the fire. The evacuation of our entire city was a first and was a success because of the preplanning and patience of our residents and our local public safety agencies. There are too many people, businesses, and agencies to thank but we are indebted to you all.

Finally, to the employees of the Police Department, thank you. I’m looking forward to continued challenges and success in 2022 and again I’m so humbled and proud to be your Chief. The work you do matters. Do it with honor, empathy, and compassion. And most importantly, be safe.

Respectfully,
Chief David Stevenson
South Lake Tahoe Police Department
Message from the Chief
387
SLTPD Annual Report 2021
Police Chief
Background Investigators (3)
Evidence Technicians (2)
Administrative Assistant II
Records Technicians (2)
Code Admin Assistant
Dispatchers (9)
Code Investigator
Detective Sergeant Records Supervisor
Detectives (5)
Operations Lieutenant
Boat Patrol (Seasonal ~ 5)
Dispatch Supervisor
Patrol Sergeants (5)
Patrol Officers (27)
Support Lieutenant
Cannabis Detective
Community Service Officers (6)
South Lake Tahoe Police Department
Organizational Chart
388
SLTPD Annual Report 2021
Patrol Division
Patrol Operations
The Patrol Division is the most visible division of SLTPD. This is the division with the most officers assigned to it. Patrol Officers provide initial response to fights, traffic accidents, medical crises, domestic violence issues, restraining order violations, alcohol and drug issues, homeless calls, & burglary/robbery alarms.

It is highly likely that Patrol Officers are the first contact in high profile crimes such as sexual assault and murder. Rarely do Patrol Officers know what puzzle the next call may hold for them. Continuing examples can be neighbor disputes, code violations, assisting other LE agencies, fraud/identity theft, child/elder abuse; no two days are alike. The patrol division has the most community contact. Various specialties exist within the division such as School Resource Officer, Traffic/Motor Officer, Homeless Liaison Officer, and Field Training Officer. However, most patrol officers have collateral assignments such as Defensive Tactics Instructor, Driving Instructor, Firearms Instructor, or SWAT operator. Responding to 911 calls and addressing immediate public safety concerns are the priority of the Patrol Division.

Calls for Service in 2021 took on their normal tone when contrasted with that of 2020. The number of visitors to the South Shore increased as pandemic closures were lifted. As what appeared to be a great summer in Tahoe came to a close, the Patrol Division teamed up with allied agencies to evacuate the city for the Caldor Fire. That ad hoc team then patrolled the city while it was evacuated most notably arresting several for looting.

Patrol Operations
Patrol Division
389
SLTPD Annual Report 2021
2020 vs. 2021 Calls for Service
*Due to the way our reports are tracked and classified, this report may not be all-inclusive. For example, if a homeless subject is arrested for a criminal offense, that arrest would likely be listed as the criminal offense, not as a homeless call.

Uniform Crime Report 2021 As reported to the Department of Justice Total Adult Arrests, to include Part One and Part Two Crimes: 727 Total Juvenile Arrests: 29
Total Arrests: 756
HOMICIDE 2

FORCIBLE AND ATTEMPTED

FORCIBLE RAPE
21 ROBBERY 5
ALL ASSAULTS 335
BURGLARY 77
LARCENY/THEFT 303
MOTOR VEHICLE THEFT 61
POLICE CALLS FOR SERVICE 24,108
ON-VIEWED EVENTS 8,293
TOTAL 32,401
OFFENSE 2020 2021
Homicide 0 2
Assault 372 335
Rape 15 11
Robbery 19 12
Residential Burglary 79 74
Vehicle Burglary 23 18
Motor Vehicle Theft 89 61
Bike Theft 38 30
Grand Theft 25 37
Grand Theft from a Vehicle 1 6
Petty Theft 221 191
Petty Theft from a Vehicle 56 30
Arson 2 10
Domestic Violence and Stalking 204 199
Hate Crimes 6 4
Mental Health/5150 Calls 239 321
Homeless Calls 1,159 796
DUI 146 130
Public Intoxication 221 202
Patrol Operations
Patrol Division
390
SLTPD Annual Report 2021
Patrol Division
Patrol Operations
In mid-August, no one had any idea what the Caldor Fire was going to become. Within a week, we were sending multiple officers out to the Grizzly Flats area to assist the other agencies. Our officers conducted traffic control and road closures, helped with evacuations, and responded to where ever they were needed to help the affected residents. As the fire moved closer to South Lake Tahoe, our officers were in their own neighborhoods helping to evacuate families in the Meyers/Christmas Valley area.

As the fire moved closer and closer to South Lake Tahoe, we had more and more help from outside agencies. When we finally had to evacuate the City, we did so with the help of multiple law enforcement agencies, some of whom had driven hours to help us. We safely evacuated all 25,000 of our residents in a matter of hours. We did not have a single traffic collision. This simply would not have been possible without our officers who care about this City and its residents, and the help of all of the partner agencies.

With the City evacuated, there were a few people that opted to stay behind. While some of these people were full-time residents who made the decision to stay, we contacted several who were stealing and damaging property, breaking into homes, and driving under the influence.

Since we had so many law enforcement officers from multiple different agencies here to help, we had nearly 100 police officers on the street every day of the evacuation. We made multiple arrests for charges such as burglary, looting, possession of drug paraphernalia, altering a replica firearm to resemble a real firearm, violation of parole, and DUI.

We are so grateful to our law enforcement partners for all of their help.

Many of our own officers had to evacuate their own homes, and continue working long hours for multiple days while their families had to leave the area. We are endlessly proud of them for the work and the sacrifices they made to show up for their community every day during this traumatic event.

Caldor Fire
Patrol Division
391
SLTPD Annual Report 2021
Caldor Fire
Patrol Division
392
SLTPD Annual Report 2021
Patrol Division
Patrol Operations
National Night Out
On August 3rd, 2021, we held another successful National Night Out event! This year, the event was held in the parking lot of Blue Zone Sports at the Y. We got a ton of local traffic who live in the area, as well as a lot of visiting traffic, who saw our event on their way into or out of town!
The agencies who set up booths included SLTPD patrol, motor units, and SWAT, EDSO Search and Rescue, a Barton vaccine clinic, The Red Cross, California Conservation Corps, El Dorado County Probation, CHP South Lake Tahoe, South Lake Tahoe Fire Rescue, EDC Office of Education, and more! This event was put together on short notice, and all of the agencies pulled together to make it happen for our community. We are looking forward to the next one! Patrol Operations - Outreach
Patrol Division
393
SLTPD Annual Report 2021
Patrol Division
Patrol Operations
Social Media
In 2021, we used our social media platforms to reach our community more than ever. In April, we ran a Cyber Bullying Awareness week. We covered topics such as what cyber bullying is, how to spot it, how to prevent it, and how to report it. We also covered suicide prevention, especially in teenagers, and child trafficking risks.

We had our first semi-viral video in May, when Officer Simon putting out a forest fire garnered over 20,000 views all across the country!
Through summer, our social media outreach with our community helped us capture multiple hit and run drivers, and even helped locate a few people that had been reported missing.

When the Caldor Fire first started, we were able to communicate directly with our citizens and visitors to keep them apprised of how the fire was spreading, and at what point it finally became a threat to our community. We tirelessly answered hundreds of comments and messages through our multiple platforms, which provided some relief to our dispatchers and command staff. As we moved towards evacuation and repopulation in early September, we put out multiple videos that amassed hundreds of thousands of views, and reassured our community that we heard their concerns and were working on plans and solutions with their safety in mind. Obviously, the Caldor Fire was a massive stress on our department and our community, so we were grateful to be able to connect with our community in a way we never have before.

Patrol Operations - Outreach
Patrol Division
394
SLTPD Annual Report 2021
STACS Successes for 2021:
• We continued to contact those experiencing homelessness who have been consistently located in two specific areas (Johnson Meadow, and the Trout Creek Conservancy). There were 180 meadow-related contacts identified by the South Lake Tahoe Police Department with those members of our community experiencing homelessness. • Developed new relationships with once outside agencies. • Put technology in place to allow Facetime with El Dorado County Mental Health directly from the field. • Established direct lines of communication with El Dorado County Mental Health and those clients experiencing homelessness.

Patrol Division
South Tahoe Area Collaborative Services (STACS)
South Tahoe Alternative Collaborative Services (STACS)
Patrol Division
395
SLTPD Annual Report 2021
Patrol Division
South Tahoe Area Collaborative Services (STACS)
South Tahoe Alternative Collaborative Services (STACS)
Patrol Division
396
SLTPD Annual Report 2021
Patrol Division
Homeless Outreach
Moving into 2022, we will continue to improve STACS with an emphasis on developing a strong “in the field” response model with El Dorado County Mental Health and the Tahoe Coalition for the Homeless.

South Tahoe Alternative Collaborative Services (STACS)
Patrol Division
397
SLTPD Annual Report 2021
Patrol Division
K9 Unit
The K9 unit is an extremely valuable asset to both the Police Department and the community. Currently, SLTPD is the only law enforcement agency on the south shore of the lake with K9s available on a regular basis. El Dorado County Sheriff has multiple K9s on the west slope, but do not staff K9s at the lake. On the Nevada side, Douglas County Sheriff, also has multiple K9s however, like EDSO they are usually staffed in the valley of Gardnerville/Minden. For these reasons, South Lake Tahoe PD’s K9 unit is requested for assistance on a regular basis by not only SLTPD, but neighboring agencies as well.

The use of a K9 can aid law enforcement in multiple facets. SLTPD K9s are trained in narcotic detection, article searching, and suspect tracking / apprehension. The K9 unit trains on a bi-weekly basis. Their training is coordinated by Gregg Tawney, owner of DTAC-K9. Tawney is a retired Elk Grove PD Sgt with over 20 years of police K9 handling and training experience. Training is conducted with multiple other agencies which allows for developing professional K9 contacts throughout the greater Sacramento region.

K9 Unit
Patrol Division
398
SLTPD Annual Report 2021
Patrol Division
K9 Unit
The SLT PD K9 Unit currently consists of two handlers, their respective K9s, and a K9 Sergeant. The selection process to become a handler is quite rigorous. Being a K9 handler is not an easy assignment. From living with a working dog at home, to being on call 24/7, it is a rewarding yet life consuming undertaking.

Firstly, perspective handlers are expected to come out to K9 training to begin learning the art of working with a dog. Perspective handlers typically spend quite a bit of time wearing the bite suit, learning dog behavior from the point of view of the bad guy. This teaches the perspective handlers’ invaluable lessons on not only how the dog works, but the limitations of a dog as well. Secondly, once a position is available, perspective handlers must meet department minimum criteria, which also includes housing requirements. Specifically, handlers must have a garage to accommodate a patrol vehicle as well as a fenced yard.

Once a handler is selected, the Sergeant and the new handler work with our K9 trainer to find the best K9 partner to fit both the handler, their family, and the community of South Lake Tahoe.

In 2021, SLTPD welcomed a new handler and K9 to the unit. Officer Miller and K9 Cayden completed their training in late November 2021.

Currently the K9 unit is staffed by Officer Wilson and his partner, K9 Rocky, as well as Officer Miller and his partner, K9 Cayden. The K9 unit is overseen by Sergeant Crivelli, a former SLTPD K9 handler.

K9 Unit
Patrol Division
399
SLTPD Annual Report 2021
Patrol Division
Crisis Response Unit (SWAT / CNT)
The SLTPD’s Crisis Response Unit is tasked with handling crises which are outside the ability of normal patrol officers to resolve. These can include a variety of high-risk events. Public safety is the unwavering priority of the CRU. The Crisis Response Unit is divided into two synergistic branches: The Special Weapons &
Tactics Team (SWAT) and the Crisis Negotiations
Team (CNT). The CNT focuses on communication
with the subject(s) while the SWAT team handles tactics and strategy. The two branches focus simultaneously on nonviolent surrender but must be prepared for criminals who decide not to give up and are willing to
endanger the public.

SWAT and CNT work in conjunction with the Patrol Division, the Detective Division, and allied agencies.

The combination of CRU applying negotiation-based approaches for tactical resolution is time-tested.

SWAT is a hard-earned specialty within any law enforcement agency, and the SLTPD is no exception.

SWAT is a volunteer position with no additional pay incentive. The testing process is rigorous, combining endurance and strength PT testing with handgun and rifle qualification courses and an in-depth oral panel covering a variety of questions. The candidates each undergo a review process as the final step before being welcomed onto the team. The average age of a SWAT operator on the Crisis Response Unit is 35 years old, and the average SWAT officer has 12 years in law enforcement.

Due to the high-risk nature of the CRU’s work, we interact with the public on a regular basis. Our team has met with schools to prepare for active shooter responses, has done community fundraisers and awareness presentations, threat assessments for local businesses and critical infrastructure, and community Q&A meetings. The team’s size, appearance and tactics are all directed at resolving a given situation with minimal (if any) use of force. Great thought is put into the uniforms, vehicles, weapons, public interaction and tactics used. SWAT prepares for a variety of scenarios, samples of which are below.

High-Risk Search Warrants Urban & Rural Drug Interdiction Active Shooter Response Civil Unrest Mitigation High-Risk Arrest Warrants Counter narcotics Missions Training Missions Injured Citizen & Officer Rescues
Armed Barricaded Subjects Dignitary Protection Hostage Rescue Surveillance Operations Armed & Dangerous Felon Apprehension Counter sniper Operations High-Risk Vehicle Assaults Mutual Aid Requests Crisis Response Unit (SWAT / CNT)
Patrol Division
400
SLTPD Annual Report 2021
Patrol Division
Crisis Response Unit (SWAT / CNT)
Within the team there are technical specialties, each of which takes time, training, and experience to master:

The SWAT team’s focus and mission type change depending on legislative, local and nation-wide trends Team Leader Munitions Expert Sniper/Observer Entry Operator Assistant Team Leader Tech Expert (robots) Tactical Paramedic Shield Specialist Breacher Armored Vehicle Specialist Rangemaster SWAT K-9 Crisis Response Unit (SWAT / CNT)
Patrol Division
401
SLTPD Annual Report 2021
Patrol Division
Crisis Response Unit (SWAT / CNT)
The SLTPD CRU Rescue Vehicle at work.

The CRU Rescue Vehicle at play.

Crisis Response Unit (SWAT / CNT)
Patrol Division
402
SLTPD Annual Report 2021
Patrol Division
Gang Unit
Gang Unit History & Mission
The SLTPD’s Gang Unit is tasked with monitoring, investigating and enforcing laws pertaining to organized criminal groups. Though traditional Gang Units focus on criminal street gangs, the SLTPD investigates a wider array of crimes and organizations and follows a “task force” model of leadership.

The Gang Unit focuses its efforts in three areas: intelligence gathering/dissemination, crime prevention and enforcement. This mirrors the California Street Terrorism Enforcement & Prevention statutes (STEP) outlined in the Penal Code. To encourage information sharing, the Gang Unit routinely makes contacts with community groups and leaders. To prevent criminal activity, the Gang Unit identifies gang members and emerging criminal organizations, focusing on in-person contacts with offenders whenever possible. To enforce the STEP laws, Gang Unit investigators are trained to be expert witnesses and provide special testimony in gang-related cases. This model has proved successful both in preventing crime and successfully prosecuting gang-related offenses.

The Gang Unit in 2021
It should be noted that a multi-agency Gang Sweep was conducted in early 2021 following a SWAT mission. The gang investigators reported that they encountered zero resistance and gained complete compliance when contacting gang members and their associates.

The relationship between gangs, weapons and tactical teams is not unique to our jurisdiction and SWAT teams throughout our region report a close correlation between these specialties.

Gun-related data was not tracked before 2016, but the Gang Unit and SWAT team work closely and have begun tracking data which affects the two specialized units. It is important to note these statistics do not include gang members contacted while carrying imitation firearms, which is common.

Community members with gang-related information are encouraged to reach out to the SLTPD, as our mission simply cannot be completed without the help of the community. Both the Gang Unit and the community share the same safety-oriented vision.

Gang Unit
Patrol Division
403
SLTPD Annual Report 2021
Patrol Division
Gang Unit
SLTPD Gang Contact Affiliations
Gang Unit
Patrol Division
Gun and Violence Retaliation Trending Upward
404
SLTPD Annual Report 2021
Traffic Unit
Patrol Division
The SLTPD traffic division consists of one patrol officer with ancillary duties of traffic enforcement and one patrol sergeant. The traffic unit fields various traffic and parking complaints and assists regular patrol in addressing these concerns. The patrol officer is assigned to a traffic motorcycle during months of good weather, allowing them to better traverse the roads to find and address traffic concerns.

The unit has the responsibility to respond to and investigate major/fatal injury collisions. Members of the unit are trained in traffic collision investigation and the use of total station diagramming.

Major accomplishments for 2021:
• Appointed and trained an officer for traffic motor duties. They began motor patrol in April of 2021 • Acquired budgeting for a new traffic motorcycle to replace the current motor, which is over 10 years old • Completed various special details addressing traffic issues such as pedestrian, bicycle, motorcycle, and DUI drivers. These details were paid for by our CA OTS grant • Wrote and was awarded an additional CA OTS grant for $56,000 to continue targeted traffic enforcement to address traffic issues involving pedestrians, bicycles, motorcycles, and DUI drivers. The grant will also allow the police department to purchase new lidar and radar units, as well as roadway lighting to assist with traffic collision investigation.
405
SLTPD Annual Report 2021
Support Division
Joint Dispatch Center
Our Joint Dispatch Center is the heart of our
operations. Our dispatchers work tirelessly to
provide the quality service we value in our
community. They are the front line of our police and fire/Emergency Medical Service (EMS) and are the first to make contact with
people in need. All calls for police, fire and
EMS services are routed through our dispatch
center, with the addition of Lake Valley Fire,
Fallen Leaf Fire and Cal Tahoe JPA Ambulance.

In 2021, our dispatch center continued to be the main clearinghouse for COVID-19 related calls, prior to the Caldor fire. During Caldor, we had a dispatcher in the EOC (Emergency Operating Center) as well as our dispatch center being fully staffed. Our dispatchers worked tirelessly fielding calls from residents and family members of those effected by the evacuation. We handled several Law Enforcement agencies in the City helping patrol during evacuations. Our dispatchers had to manage hundreds of officers on our radio as well as the increased phone calls from the residents or the City and County.

Our dispatch center is currently down two positions and we look forward to filling those quickly. With the staffing shortage in dispatch, the remaining employees have worked as a team to help cover numerous open shifts. We work hard to maintain the same service and response levels as a fully staffed center.

Joint Dispatch Center
Support Division
406
SLTPD Annual Report 2021
Support Division
Joint Dispatch Center
Joint Dispatch Center
Support Division
407
SLTPD Annual Report 2021
Support Division
Detectives / Evidence
The mission of the South Lake Tahoe Police Detective Division is the pursuit of truth for the benefit of the victim and rights of the accused. Currently the Detective Division consists of six detectives. Five detectives are assigned focused crime categories based on a specific area of expertise. One detective is assigned to the Safe Streets Task Force within the FBI office. While the Detective Division houses subject matter experts, our investigations often rely on collaboration with other law enforcement entities such as the California Department of Justice, the United States Department of Justice, the Bureau of Alcohol, Tobacco, and Firearms, the El Dorado County Sheriff’s Office, and the Douglas County Sheriff’s Office.

Areas of crime categories investigated by our detectives may include:
• homicide
• sexual assault
• hate crimes
• child abuse (physical, sexual, endangerment, and porn) • robberies
• assaults with deadly weapons
• missing persons
• burglary
• fraud
• theft
• elder abuse (financial and physical)
• domestic violence
• cold case homicide
• cannabis control, compliance, and regulation
Each detective possesses technical training, skills, and personality traits that supports the division’s investigative abilities. As mentioned last year, the detective division continues to cover narcotics investigation and enforcement in the vacuum left by the South Lake El Dorado Narcotics Enforcement Team having been disbanded.

Daily review and triage are required to identify the immediate investigative priorities from the number of patrol cases sent through to this division. Case assignments are directed to the detective with subject matter expertise most applicable to the crime or incident at issue. However, interdisciplinary collaboration and case assignments are fluid.

Criminal investigation is the obvious priority within the division; however, the Detective Supervisor additionally manages the Community Service Officer Division, the Evidence room, ID Technicians, the parking garage, and administrative support staff for VHR, & parking enforcement.

Detective Unit
Support Division
408
SLTPD Annual Report 2021
Support Division
Detectives / Evidence
Detective Unit
Support Division
409
SLTPD Annual Report 2021
Support Division
Detectives / Evidence
January Notable Events
• Sex assault by Uber driver
• BHO lab explosion
February Notable Events
• SWAT arrest of DV suspect
• SWAT arrest of warrant fugitive
March Notable Events
• Officer Involved Shooting
• Conviction in homicide case
April Notable Events
• Wells Fargo robbery arrest/indictment
• Guilty plea on homicide from 2018
• Homicide on Sierra Blvd.
• Arson Arrest
May Notable Events
• SWAT arrest of Fugitive
• Catalytic converter theft series
• EDD/ BofA fraud series
June Notable Events
• Multiple reports of drugged drinks
July Notable Events
• 30 ATM skimming cases/ skimmer at BofA
• SWAT arrest of ADW suspect
August Notable Events
• Arrest in homicide from 2019
• Joint Agency operation: 11 arrests, 4 search warrants executed • Caldor Fire response: response, evacuation, security, EOC September Notable Events
• Caldor Fire Evacuation
• Multiple arrests for looting
October Notable Events
• Out of area arrest on continuous child molestation
case
• Execute warrant on child porn
November Notable Events
• Assist US Marshall with child molester arrest in
SLT
• Assist with jail escapee
• SWAT arrest of DV suspect
• Assist EDSO with jail suicide
• Additional conviction on 2016 Homicide
December Notable Events
• TikTok school shooting challenge FBI/RTAC
collaboration
Other Notable Divisional Events:
• LT retired
• LT promoted
• Detective Sergeant took new role
Detective Unit
Support Division
410
SLTPD Annual Report 2021
Support Division
Detectives / Evidence
The Evidence Unit is a team of two trained in evidence collection, crime scene photography, and forensics.

Members are called out to crime scenes to collect, categorize, and process evidence using best practices that adhere to industry standards. Evidence technicians regularly collect and process evidence found on crimescenes; such as footwear impressions, latent fingerprints, and DNA. Some of this collected evidence is sent to USDOJ and or CADOJ for additional processing beyond the scope of our evidence unit.

In 2021, evidence technicians addressed over 2700 reports, which included 34,500 evidence and/or property items to be classified and stored, processed, or destroyed. The Evidence division addresses this workload with two ID Techs.

One of our ID Techs won 2nd place at an
international forensic conference with a
digitally enhanced photograph of a latent
fingerprint.

Evidence Unit
Support Division
411
SLTPD Annual Report 2021
Support Division
Community Services
The Community Service Unit of the City of South Lake Tahoe’s Police Department has both Community Service and Code Enforcement duties. Community Service Officer’s duties regularly include managing the scene of both traffic accidents and weather related road and lane closures; fingerprinting; alarm permitting for homes and businesses; parking garage management and permitting; parking enforcement; graffiti abatement; taxi permitting; mobile vending permitting; flag downs; special event assignments for traffic and transportation; found property retrieval; Radar Trailer placement; snow removal operations, assisting Patrol, and other duties as assigned.

The Code Enforcement duties include responding to VHR Complaints; Unpermitted VHR and other short term rental research and citations; Trash violation notices and citations; Citation appeals; liaison with South Tahoe Refuse and Clean Tahoe; Public Nuisance Complaints (weeds, trash and debris, unsafe conditions, dumping); Abandoned Vehicles notices and removals; 72 hour vehicle (auto, boat, RV, trailer) Parking complaints; Vacant Land Use infractions; assist Building and Housing Officials’ enforcement; Abandoned Buildings; Retail Outdoor Displays; Business License enforcement; Sign enforcement; any other duties as assigned. Our Community Service Officers handle all the above.

There are six Community Service Officer positions authorized; however, only three are currently staffed.

This unit also has two administrative positions assigned, a Code Enforcement Administrative Assistant and a Code Enforcement Investigator. While recruitment is ongoing for the open positions, one of these three CSOs will be attending the police academy as a police recruit. CSO Recruitment continues to be a challenge.

Community Services
Support Division
Community Service Officer Staff not including Admin & Investigator Feb Mar May
10 9 9 6 6
7 7 7 4 4
3 3 4 5 4
412
SLTPD Annual Report 2021
Support Division
Community Services
Community Services
Support Division
413
SLTPD Annual Report 2021
Support Division
Community Services
Enforcement
ADDITIONAL COMMUNITY SERVICE OFFICER ACTIONS:

Community Services
Support Division
414
SLTPD Annual Report 2021
Support Division
Community Services
PARKING MANAGEMENT:

As noted in last years report the parking structure was evaluated by the police department. Two primary concerns surfaced; one, that drivers paid at exit causing a delay in departure from the structure and two, that the poor traffic pattern exacerbated the delay. These issues repeatedly occur during peak times. During 2021 a significant step had been taken to eliminate the frustrating departure delay from the parking structure. The payment kiosks formerly at the exit, had been moved to the elevator areas on first, second, and third floors.

This allowed drivers to pay before getting to their cars and drive out of the garage unabated. This is exemplified in the graph below showing a 22% decrease in calls to the garage call center. Because the traffic pattern change includes changes that implicate handicap accessibility, that phase has been delayed.

The police department is also evaluating delay complaints that remain; particularly during peak use periods combined with heavy snowfall The parking structure sits at the intersection of Bellamy and Heavenly Village Way, both two lane roads with multiple pedestrian crosswalks and additional simultaneous traffic loads from Crescent V parking and Marriot valet. Moving 400+ cars out of the parking garage quickly, given these constraints, still proves challenging. Intermediate measures to minimize delays are being implemented until a longer term solution can be applied. One of these measures includes controlling and redirecting outbound garage traffic. Changes to the parking structure, payment methods, and traffic pattern continue to be evaluated. Parking and traffic challenges will continue as the Tahoe South Events Center nears completion.

The parking structure, and the Marriot security compliment, continue to address issues related to juvenile activity on the top floor and stairwells, such as underage drinking and antagonizing other patrons. Additionally, the stairwells continue to attract the homeless. Since this issue arose last year, a fence has been installed preventing the juveniles from accessing the roof to the Marriot complex. Additional funding has been dedicated to keeping the parking garage clean; increasing trash pick up, sweeping debris, and pressure washing the stairwells. Cameras have been installed to monitor the situation in the garage.

The addition of an application based payment system on east-Bellamy provides a less frustrating user experience. To compliment that application, compatible meters for west-Bellamy will be added, providing system continuity for the entire Bellamy area.

Community Services
Support Division
415
SLTPD Annual Report 2021
Support Division
Records
For the Records Division at SLTPD, 2021 began with newly promoted supervisor Ashley Acker continuing to work alone for the first few months of the year. In March, we were lucky to hire 2 new Records Technicians: Erica Chamberlin and Rafael Yanez.

Erica and Rafael are both long-time locals, and have worked as an excellent team this year. They had to learn a lot of information in a short amount of time, and have had no issues steadily increasing their work load and learning new things. We are very lucky to have them!
The Records Division works very closely with the District Attorney’s Office, as well as many other LE Agencies throughout the state. As police reports are completed, the records division sends those reports to the DA’s Office (or other appropriate agency) for their review of criminal charges or other administrative action. The Records Division also answers incoming non-emergency calls during business hours, handles all Public Records Act Requests related to criminal records, registers sex offenders, and receives and processes all “counter reports,” or reports made in the PD lobby.

Every month, Ashley submits our Monthly Arrests and Citations, hate crimes, assaults, and sexual assaults to the DOJ as part of our Uniform Crime Reporting statistics. Ashley has also begun training the SLTPD patrol officers on the new Racial Identity Profiling Act Stop Data that begins in 2022. This program requires police officers to complete a form for every person that they detain and/or search.

In the spring of 2022, we will be switching to a new system vendor for the first time in over 25 years! Records Division Team
Records
Support Division
416
SLTPD Annual Report 2021
Thank you for supporting us!
417
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 15, 2022
Agenda Item #: 12
Agenda Item: Appropriation of State and Local Fiscal Recovery Funds (SLFRF) from the American Rescue Plan Act (ARPA) for Park Projects
Executive Summary: On August 17, 2021 City Council discussed the results of a community survey representing a variety of projects and programs to assist the city in providing economic assistance from the negative impacts of the Covid-19 pandemic. The list of projects included among others; the addition of solar trash compactors throughout City parks and improvements to the City Bike Park specifically the application of asphalt to the berms on the BMX track. The action contemplated herein is the appropriation of SLFRF funds for two projects: the addition of solar trash compactors throughout city Parks and maintenance improvements to the existing BMX track within the City Bike Park to prevent erosion, reduce maintenance and improve rider safety.

Requested Action / Suggested Motions: Pass a Resolution appropriating SLFRF funds in the amount of $50,000 for the acquisition of solar trash compactors to be placed throughout City parks and $35,000 for proposed maintenance improvements to the City's Bike Park.

Responsible Staff Member: Lauren Thomaselli, Parks and Recreation Director Responsible Staff Member: Lauren Thomaselli, Parks and Recreation Director 530-542-6197
Reviewed and Approved By:

Susan Blankenship, City Clerk
Olga Tikhomirova, Director of Finance
Heather Stroud, City Attorney
Attachments:
01-Staff Report - ARPA Park Projects
02-Resolution - ARPA Parks Projects.docx
03_eCube Labs-Brochure_2021_BATC.pdf
04_BBPA-City-Maintenance-Agreement.pdf
05_BMX_Parks and Rec Commission Pressi.pptx
418
Council Agenda Report- March 15, 2022 Page 1 of 3
City of South Lake Tahoe
Report to City Council
Meeting Date: March 15, 2022
Title: Appropriation of State and Local Fiscal Recovery funding from the American Rescue Plan Act (ARPA) for Park Projects in the total amount of $85,000 Location: Bijou Community Park and Various Parks and Beaches Citywide Responsible Staff Member: Lauren Thomaselli, Director of Parks and Recreation (530)542-6197 Background: On March 11, 2021 the American Rescue Plan Act (ARPA) was signed into law and established the Coronavirus State and Local Fiscal Recovery Funds (SLFRF). This program is intended to provide support to State, territorial, local, and Tribal governments in responding to the economic and public health impacts of COVID-19 in the efforts to contain impacts on communities, residents, and businesses.

On August 17, 2021 City Council discussed the results of a community survey representing a variety of projects and programs to assist the city in providing economic assistance from the negative impacts of the Covid-19 pandemic. The list of projects included among others; purchase of additional solar trash compacting receptacles ($50,000) and improvements to the BMX Track in Bijou Bike Park ($35,000).

Issue and Discussion: The action contemplated herein is a formal budget appropriation of SLFRF funds for the purchase of additional solar trash compactor receptacles and installation of maintenance improvements to the BMX track.

Solar Trash Compactor Receptacles $50,000
The solar trash compactor program was initiated in summer 2021 as a pilot program to directly offset the waste generated by more people seeking safe outdoor spaces during the pandemic.

The City purchased three 65 gallon solar/hybrid compactors and placed one at Connelly Beach and two at Lakeview Commons. The compactors offer the following benefits to waste collection:
 Up to 5 times more refuse in a single receptacle than the current bear box units  Hands free foot pedal and hopper door to reduce user contact  Solar powered compactor with LED fill level sensor
 Clean City monitoring platform allows staff to service units when full thereby optimizing collection times
 Custom side panels with custom city specific signage
The additional units will significantly improve efficiency and volume of waste collection throughout the City especially in high volume locations. The additional funding will be sufficient to purchase nine additional units and a tablet for the City garbage truck. Anticipated placement of the units include: (2) Lakeview Commons, (2) Regan Beach, (3) Bijou Park, (1) City Hall, (1) Community 419
Council Agenda Report- March 15, 2022 Page 2 of 3
Play Field. Staff has received bids from three solar trash compactor suppliers. Bay Area Trash Compactor (BATC) was selected as the most responsive bidder. A product brochure is attached herein (Attachment 03).

Bijou Bike Park Improvements to the BMX Track $35,000
In 2015 the City entered into a Professional Services Agreement with Pump Trax USA to construct the Bijou Bike Park. The bike park consists of two pump tracks, a progression park jump-line and a BMX track. The progression park is designed with a variety of compacted dirt features combined with fabricated obstacles. The BMX track is mostly compacted dirt with asphalt on the start ramp.

The pump tracks are all compacted dirt.

Following the construction of the park the City entered into a Maintenance Agreement with the Bijou Bike Park Association for the ongoing maintenance of the park (Attachment 04). The volunteer group has mobilized a team to perform major seasonal maintenance each spring to prepare the facility for the summer riding season and coordinate on-going weekly maintenance throughout each summer. The volunteer maintenance needed to pack, sweep, and water the dirt portions of the park to maintain a safe and fun experience for all levels of riders continues to increase as ridership also increases. In addition, the park is an attractive winter play destination resulting in further erosion and deterioration of the riding surface. Finally, impacts to the bike park have increased over the last few years as a direct result of the pandemic due to the ability to provide a safe, accessible, no cost, healthy alternative for youth activities.

In 2018, members of the BMX racing group approached the Parks and Recreation Commission with a presentation proposing additional improvements to the track including paving each of the three berms (Attachment 05) Paving these sections would significantly reduce erosion of the dirt on the steepest sections and create a safer riding surface. Also, the paved surfaces will reduce water use and significantly reduce the maintenance hours needed to keep the course in top riding condition. The best BMX courses in the country have a combination of paved and dirt surfaces.

With these improvements the South Lake Tahoe BMX course has the potential to host state and national level competitions as well as continuing to provide safe outdoor recreation for all ages and ability levels.

Staff intends to partner with the Bijou Bike Park Association and BMX volunteers to leverage the existing public/private partnership as described in the Bike Park Maintenance Agreement (Attachment 04). The representatives of the BBPA will be instrumental with volunteer coordination, planning, and implementation to achieve the best value and quality of improvements. It is important to note that TRPA review may be required to verify hard coverage conditions exist for paving the existing berms without changing the layout of the course.

Financial Implications: The SLFRF funding is subject to the requirements specified in the Interim Final Rule adopted by Treasury, which describes whether a program, project, or services is an eligible use.

Prohibited uses clearly outlined in Treasury guidance include:
 Deposits to Reserves or Rainy-Day Funds
 Deposits to Pension Funds for unfunded liabilities (current service costs may be eligible)  Debt Service Payments
 Offset to tax cuts caused by a change in local law.
420
Council Agenda Report- March 15, 2022 Page 3 of 3
Outside of these restrictions, the City has substantial discretion to use the funds in ways that best suit the needs of the community – if the use fits into one of the following four statutory categories:

A. To respond to the public health emergency or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality.

B. To respond to workers performing essential work during the COVID-19 public health emergency by providing premium pay to eligible workers.

C. For the provision of government services to the extent of the reduction in revenue (“revenue loss”) due to the COVID-19 public health emergency relative to revenues collected in the most recent full fiscal year prior to the emergency.

D. To make necessary investments in water, sewer, or broadband infrastructure.

On January 6th, 2022 the U.S. Department of the Treasury issued the Final Rule for the SLFRF program. The final rule provides state and local governments with increased flexibility to pursue a wider range of uses, as well as greater simplicity so the government can focus on responding to the crisis in the communities and maximizing the impact of their funds. In addition to several expansions to the above categories, it provided the option to elect a standard allowance for revenue loss rather than calculating revenue loss through the formula. Under this option, Treasury presumes that up to $10 million in revenue has been lost due to the public health emergency and recipients are permitted to use that amount (not to exceed the award amount) to fund “government services.” On February 1, 2022, the City Council through Resolution 2022-019, elected the provision of a “standard allowance” for the allocated to the City $5,309,994 to spend on government services through the period of performance.

The attached Resolution (Attachment 02) details the budget appropriation as outlined below:
 $50,000 SLFRF funds to support the purchase of nine solar trash compactors  $35,000 SLFRF funds to support the application of asphalt on the berms of the BMX track portions of the Bijou Bike Park
The solar trash compactor funds shall be appropriated to Parks Maintenance Account # 100- 04170-42030. Bike Park improvement funds shall be appropriated to Capital Improvement account # 301-60066 Bijou Bike Park.

Environmental Considerations: The appropriation of funds for the above-mentioned projects are Categorically Excluded from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. Section 15301 exempts the operation, maintenance, repair, or minor alteration of existing public facilities.

Policy Implications: There are not anticipated policy implication with the funding, development, and implementation of the projects listed above.
421
Resolution 2022-XXX March 15, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
March 15, 2022
Authorizing $85,000 of American Rescue Plan Act (ARPA) funds for use toward purchase of solar trash receptacles and capital improvements to the Bike Park

BACKGROUND
A. The American Rescue Plan Act (ARPA) (Public Law No. 117-2) was signed into law by the President of the United States on March 11, 2021
B. The Act appropriated Coronavirus State and Local Fiscal Recovery Funds (SLFRF) for allocation by
the U.S. Department of the Treasury to states, counties, metropolitan cities, and small cities with population under 50,000 (referred to as non-entitlement units of local government).

C. On June 15, 2021 the City Council adopted Resolution 2021-052 establishing the special fund “Local Fiscal Recovery Fund” and authorizing the Director of Finance to accept all funds received under the American Rescue Plan Act and deposit them in the Local Fiscal Recovery Fund.

D. On August 17, 2021 the City Council considered a list of potential projects for ARPA funding and the purchase of additional solar trash compacting receptacles and Improvements to the City’s BMX track in the Bijou Bike Park were chosen by City Council as viable uses of ARPA funding and directed staff to move forward in developing and implementing the projects.

C. On January 6, 2022, the U.S. Department of the Treasury issued the Final Rule for the SLFRF program that provides increased flexibility allowing recipients elect a “standard allowance” of up to $10 million (not to exceed the award amount) to replace lost public sector revenue to pay for “government services”, with streamlined reporting requirements.

D. On February 1, 2022, the City Council adopted Resolution 2022-019 electing the provision of a “standard allowance” of up to $10 million provided in the Treasury Final Rule to spend on government services through the period of performance, for the allocated to the City $5,309,994 to be received in two tranches.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Finds the acquisition of nine solar trash compactor receptacles and installation of asphalt to the BMX track berms are suitable uses of ARPA funds under the statutory category C, for the provision of government services to the extent of the reduction in revenue.

2. Appropriates ARPA (SLFRF) funds as follows:
422
Resolution 2022-XXX March 15, 2022 Page 2 of 2
Fund/Account Description
Revenue
(Increase)
Decrease
Expense
Increase
(Decrease)
264-01952-33132 Appropriate Funds into ARPA Revenue
Account ($85,000)
264-01952-50001 Transfer out to General Fund $50,000
264-01952-50036 Transfer out to CIP $35,000
100-04170-36375 Transfer in from ARPA (264) ($50,000)
100-04170-42030 Purchase nine solar compactors $50,000
301-60066-36375 Transfer in from ARPA (264) ($35,000)
301-60066-48030 Bike Park Improvements $35,000
Adopted by the City of South Lake Tahoe City Council on March 15, 2022 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
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Parks and Recreation Commission Presentation June 21, 2018 Presenters: USA BMX Track Operators: Brian Lewis (incoming) and Jason Toutolmin (outgoing) 464
Track Needs
• Consistent surface in all 3 turns to create a safe and fun track for sanctioned racing as well as the general public
• Permanent electrical power
• Secure storage for track equipment and supplies
465
The berms • The track was originally built by a 3rd party contracted by the City. The 3 berms were
built very small and “backwards” for the
downhill aspect of the track layout. Track
volunteers rebuilt the berms to correct
the flow.
• Partly because they are dirt, but mainly
because of constant abuse from foot
traffic and weather, the berms have
deteriorated over the past 4 seasons and
have become too small, loose and unsafe.

Volunteers added dirt to the
first turn to correct the flow
Original build
466
The berms
• Because the track is open to the public dawn to dusk, it gets abused by people walking, running, scootering,
skateboarding and SLEDDING on it, including on top of
the turns. They continue to break the top edges creating a crumbling, unsafe riding surface.
• Even with hundreds of hours of manual shovel
maintenance and way too much water, this is the best
we can do to maintain the turns, and they are only going to get worse.
467
The solution?
Asphalt
Fernley, Nevada BMX Track

ASPHALT BERMS BENEFITS
• No watering
• Weather and tourist proof
• Consistent and safe
• 10 to 15 years
maintenance free
468
The start hill was paved in 2016
100% maintenance and water free
The City has demonstrated success with asphalt features 469
The berms

ASPHALT BERMS BENEFITS
• No watering
• Weather and tourist proof
• Consistent and safe
• 10 to 15 years maintenance free
470
City of South Lake Tahoe
Agenda Item Executive Summary
Joe Irvin, City Manager
Meeting Date: March 15, 2022
Agenda Item #: 13
Agenda Item: 2021 General Plan Annual Report and Surplus Land Inventory Executive Summary: California Government Code Section 65300 requires each city to adopt a comprehensive, long-range General Plan to guide the physical development of the incorporated city and land outside the city boundaries. Government Code Section 65400 requires cities to submit an Annual Progress Report (APR) on the status of the General Plan and progress in its implementation to their legislative bodies, the Governor’s Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD) by April 1 of each year. Cities are also required to submit an inventory of surplus land to HCD by April 1.

Requested Action / Suggested Motions: 1) Pass a Resolution accepting the General Plan Annual Report for 2021; and, 2) Pass a Resolution declaring surplus land inventory Responsible Staff Member: Madison Dederick, Assistant Planner Responsible Staff Member: Madison Dederick, Assistant Planner Reviewed and Approved By:

Hilary Roverud, Development Services Director
Susan Blankenship, City Clerk
Olga Tikhomirova, Finance Director
Heather Stroud, City Attorney
Attachments:
01-Staff Report - General Plan & Surplus Property.docx
02-Resolution - General Plan Annual Report.docx
03-General Plan Annual Report (Exh. A to Reso).pdf
04-Resolution Declaring Surplus Land Inventory.docx
471
City Council Agenda Report March 15, 2022 Page 1 of 2
City of South Lake Tahoe
Report to City Council
Meeting Date: March 15, 2022
Title: City of South Lake Tahoe General Plan Annual Report for 2021 and Surplus Land Inventory
Location: Citywide
Responsible Staff Member: Madison Dederick, Assistant Planner Background: California Government Code Section 65300 requires each city to adopt a comprehensive, long-range General Plan to guide the physical development of the incorporated city and land outside the city boundaries. Government Code Section 65400 requires cities to submit an Annual Progress Report (APR) on the status of the General Plan and progress in its implementation to their legislative bodies, the Governor’s Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD) by April 1 of each year.

The APR provides the Planning Commission and City Council with information regarding the implementation of the General Plan. The APR is designed to provide information for the Planning Commission and City Council to assess how the General Plan was implemented during the 12- month reporting period (January 2021 to December 2021).

Providing a copy of the APR to HCD also fulfills other statutory requirements for reporting to HCD. Cities must report certain housing information, including the local agency’s progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the development of housing (Government Codes Section 65584.3(c)). Cities must also report a central inventory of all surplus land to HCD no later than April 1 of each year (Government Code 65400(a)(2)).

Submittal of the APR to OPR also allows the identification of statewide trends in land use decision-making and how local planning and development activities relate to statewide planning goals and policies. In addition, OPR is able to track progress on a local jurisdiction’s comprehensive General Plan update using the information provided in the APR.

Issue and Discussion: City staff has drafted the 2021 General Plan APR for City Council consideration. The 2021 General Plan APR includes information on the City’s progress in implementing the General Plan as well as required housing and surplus land information. 472
City Council Agenda Report March 15, 2022 Page 2 of 2
The 2021 General Plan Annual Progress Report will be presented to the Planning Commission at the March 10, 2022 regularly scheduled meeting. The Planning Commission recommendation will be presented by staff to the City Council during the March 15, 2022 regularly scheduled meeting.

The proposed City Council Resolution includes the General Plan APR as Exhibit A. The Housing Element APR tables are located in Appendix 1 of the General Plan APR and document the City’s progress in meeting its Fifth Cycle Regional Housing Needs Allocation (RHNA). The Housing Element APR tables also provide updated information on the implementation programs adopted as part of the 2014 Housing Element. HCD has determined that the City’s Housing Element is currently in compliance with state laws, an important designation for many housing projects and program funding sources.

The City is currently in the process of updating the Housing Element by June 2022 as required by state law. This update will provide policy direction to meet 6th cycle RHNA targets and a spectrum of housing needs in the City.

Financial Implications: There are no financial implications associated with this action.

Environmental Considerations: The proposed General Plan Annual Report is exempt from environmental review under CEQA, pursuant to Section 15061(b)(3), Review for Exemptions – Common Sense Rule, in that it can be seen with certainty that there is no possibility for this action to have a significant effect on the environment.

The proposed General Plan Annual Report does not constitute a "project" within the meaning of the California Environmental Quality Act of 1970 (CEQA) Guidelines Section 15060(c)(2) because there is no potential that the report will result in a direct or reasonably foreseeable indirect physical change in the environment and CEQA Guidelines Section 15378 because they have no potential for either a direct physical change to the environment, or a reasonably foreseeable indirect physical change in the environment.

Policy Implications: The General Plan contains policies that provide direction for all City departments and facilities which is used in strategic decision making by the City Council for investments and budgeting, development approvals, policy adoption, and regulation. 473
Resolution 2022-XXX March 15, 2022 Page 1 of 2
Resolution 2022-XXX
Adopted by the City of South Lake Tahoe
City Council
March 15, 2022
Approving the 2021 General Plan Annual Progress Report and Directing Staff to submit the report to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development

BACKGROUND
A. California Government Code Section 65300 requires each city to adopt a comprehensive, long-range General Plan to guide the physical development of the incorporated city and land outside the city boundaries.

B. The City of South Lake Tahoe adopted the General Plan on May 17, 2011.

C. The City amended the General Plan on May 20, 2014 to incorporate an updated Housing Element.

D. California Government Code Section 65400 requires cities to submit an annual report on the status of the General Plan and progress in its implementation to their legislative bodies, the Governor’s Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD) by April 1 of each year.

E. The 2021 General Plan Annual Progress Report provides information on the City’s efforts to implement the General Plan for the period January 1, 2021, through December 31, 2021.

F. On March 10, 2022, the Planning Commission reviewed the General Plan Annual Progress Report for 2021 during its regularly scheduled meeting.

G. The City Council of South Lake Tahoe reviewed and approved the General Plan Annual Progress Report in its entirety on March 15, 2022.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, BE IT RESOLVED, that the City Council of the City of South Lake Tahoe:

1. Finds the General Plan Annual Progress Report provides a status report on each Element in the General Plan and is consistent with the guidelines issued by the Governor’s Office of Planning and Research.

2. Finds the Housing Element Annual Progress Report provides detailed reporting on the City’s progress in meeting the Regional Housing Needs Allocation.

3. Approves the General Plan Annual Progress Report (Exhibit A) for submittal to OPR and HCD.

Adopted by the City of South Lake Tahoe City Council on March 15, 2022 by the following vote:

Yes:

No:

Absent:

Abstain:
________________________ Date:_________
474
Resolution 2022-XXX March 15, 2022 Page 2 of 2
Devin Middlebrook, Mayor
Attest:
________________________
Susan Blankenship, City Clerk
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the South Lake Tahoe City Council.
475

CITY OF SOUTH LAKE TAHOE

GENERAL PLAN ANNUAL PROGRESS REPORT
JANUARY 2021-DECEMBER 2021
ACCEPTED BY CITY OF SOUTH LAKE TAHOE CITY COUNCIL __________ Land Use &
Community
Design
Economic
Development Housing
Transportation
and Circulation
Public/ Quasi
Public Facilities
and Services
Recreation and
Open Space
Health and
Safety
Natural and
Cultural
Resources
Neighborhood
Priority Lists
476
City of South Lake Tahoe
2021 General Plan Annual Progress Report
ii
Table of Contents
Section Page #
1 Introduction .................................................................................................................. 1 2 General Plan Status ..................................................................................................... 1 3 Current Population and Housing Estimates.................................................................. 2 4 Land Use & Community Design Element ..................................................................... 3 5 Economic Development Element ................................................................................. 7 6 Housing Element ......................................................................................................... 8 7 Transportation and Circulation Element ..................................................................... 13 8 Public/Quasi Public Facilities and Services Element ................................................. 16 9 Recreation and Open Space Element ....................................................................... 17 10 Health and Safety Element ...................................................................................... 18 11 Natural and Cultural Resources Element ................................................................ 20 12 Neighborhood Priority Lists ...................................................................................... 21 Appendices
Appendix 1 Housing Element Annual Progress Report Tables ................................................. 22 Tables
1 Planning Entitlement Applications Submitted during 2021 ........................................................3 Figures
1 Population Estimates for City of South Lake Tahoe, 2000-2021 ...............................................2 2 Percentage of Housing Units in South Lake Tahoe, by Type, 2021 ..........................................2 3 Aerial Map of 56 Acres Planning Area .......................................................................................5 4 Residential Units Permitted to Date vs. RHNA Target, 2013-2021............................................8 5 Residential Building Activity During 2021 ..................................................................................9 6 Pioneer Trail Improvement Project Phase II ............................................................................13 477
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1 Section 1 Introduction
California Government Code Section 65400 (65400(a)(2)(A) and 65700 requires all cities and counties submit an annual report to their legislative body, the Governor’s Office of Planning and Research (OPR), and the California Department of Housing and Development (HCD) on the status of the General Plan and progress of its implementation. According to OPR, the purpose of the report is as follows:
 To provide enough information to allow legislative bodies to assess how the general plan is being implemented in accordance with adopted goals, policies, and implementation measures.
 To provide enough information to identify necessary course adjustments or modifications to the general plan as a means to improve local implementation.  To provide a clear correlation between land use decisions that have been made during the 12-month reporting period and the goals, policies, and implementation measures contained in the general plan.
 To provide enough information regarding local agency progress in meetings its share of regional housing needs and removing governmental constraints to the development of housing pursuant to Government Code 65583(c)(3).

Section 2 General Plan Status
The City’s General Plan was adopted on May 17, 2011. The City Council found the General Plan to be compliant with State law and consistent with the State General Plan Guidelines. The General Plan is considered the “2030 General Plan” since it represents a twenty-year planning document for the 2010-2030 time frame. Government Code Section 65300 requires every city and county to adopt a comprehensive, long-term general plan. The purpose of the General Plan is to guide decisions on future development based on community input and to ensure that development regulations and capital improvements conform to the General Plan. The following elements are required to be included in a General Plan (City General Plan Elements are in parentheses):

1. Land Use Element (Land Use and Community Design)

2. Circulation Element (Transportation and Circulation)

3. Housing Element (Housing)

4. Conservation Element (Natural and Cultural Resources)

5. Open Space Element (Recreation and Open Space)

6. Noise Element (Health and Safety Element)

7. Safety Element (Health and Safety Element)

8. Environmental Justice Element (Land Use and Community Design)) In addition to the mandatory General Plan Elements listed above, the City’s General Plan includes an Economic Development Element as well as a Public/Quasi-Public Facilities and Services Element. The City’s 2011 General Plan also includes Neighborhood Priority Lists identifying infrastructure and amenity needs for each neighborhood. 478
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2 Section 3 Current Population and Housing Estimates
The most recent population and housing estimates from the California Department of Finance (DOF) are from January 2021. According to the California Department of Finance, the 2021 population estimate for the City of South Lake Tahoe is 23,398 (1/1/2021), an increase of 873 people from the 2020 estimate of 22,525. As shown in Figure 1, the City’s population remained relatively unchanged after 2010 and is beginning to show moderate annual increases.

There are 15,853 housing units in the City, including 9,545 single-family detached units, 411 single-family attached units, 5,334 multi-family units, and 563 mobile/manufactured homes.

Figure 2 depicts the percentage breakdown of housing in the City. Single-family housing represents 60 percent of the housing stock while multi-family housing accounts for 34 percent of the housing units. Of the 15,853 housing units in the City, 9,812 units are occupied, for a housing vacancy rate in the City of 38.1 percent.
19,000
20,000
21,000
22,000
23,000
24,000
2000 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Population
Year
Figure 1
Population Estimates for South Lake Tahoe 2000-2021
Population
Single-Family
Detached
60%
Single-Family
Attached
3%
Multi-Family
34%
Manufactured
Housing
3%
Figure 2
Percentage of Housing Units in
South Lake Tahoe, by Type
2021
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3 Section 4 Land Use & Community Design Element
The Land Use & Community Design Element of the General Plan addresses future land use, development and redevelopment, community design, and sustainability. During 2021, the City continued to support development of residential and commercial projects that are consistent with the adopted goals of the Land Use & Community Design Element. 2021 Planning Entitlement Applications
During 2021, the Planning Division received 57 entitlement applications as depicted in Table 1 below.

Table 1
Planning Entitlement Applications Submitted during 2021* Type of Application Number of Applications*
Area Plan Amendments 1
Community Plan Amendments 1
Eligible Facility Requests for Wireless Facilities 3
Fences 3
Home Occupation 7
Major and Minor Design Review 18
Major and Minor Sign 14
Major and Minor Variances 4
Mobile Vending Location 1
Cannabis Use Permit 3
Special Use 2
Total Applications 57
*Does not include applications for temporary activities, temporary uses, or residential allocations.

General Plan Amendments
There were no amendments to the City of South Lake Tahoe General Plan during 2021.

Proposed Area Plan, Community Plan and Plan Area Statement Amendments During 2021 the City was actively reviewing three proposals for one Area Plan amendment and two Community Plan amendments as follows:
1) HVR Montreal Tourist Core Area Plan Amendment
2) Bijou/Al Tahoe Community Plan Amendment
3) Plan Area Statement 111, Tahoe Island Amendment
HVR Montreal Tourist Core Area Plan Amendment - The purpose of the proposed zoning amendment is to facilitate the development of multi-family housing on a combined parcel that 480
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4 includes the former Colony Inn site at 3794 Montreal Road and a second parcel located behind the former Colony Inn site that is currently zoned for Recreational use. The applicant (HVR Acquisitions) intends to develop up to four (4) additional multi-family residential units on the 1.29- acre Recreation parcel as Phase 2 of a Multi-Family Project previously approved by the City for 3794 Montreal Road (former Colony Inn Parcel).

Bijou/Al Tahoe Community Plan Amendment - The purpose of the Community Plan amendment is to permit greater building height for public, quasi-public, and recreation facilities that require flatter roof pitches to span large interior spaces (e.g., recreation center) that are being considered as part of the 56-acre park master plan process. The objective of this amendment are as follows:
1) Revise the height standards in the Bijou/Al Tahoe Community Plan District 4, to allow additional height for public service and recreation facilities without the requirement for a minimum roof pitch requirement
2) Bring the roof pitch requirement for all other building in the 56-acre project area into alignment with the city-wide minimum roof pitch requirement of 5:12.

Plan Area Statement 111, Tahoe Island Amendment – The purpose of the Plan Area Statement amendment is to add local assembly and entertainment as a special use to Special Area #2 and modify Special Policy #6 of the plan area statement to limit the area in which this use will be permissible in the future.

Approved Area Plan and Community Plan Amendments
In 2021, the City Council approved an amendment to the expanded Tourist Core Area Plan Gateway Zoning District. The amendment added industrial land uses to this Zoning District to make the Tahoe Wellness Center (3355 Lake Tahoe Blvd) a conforming land use.

Title 6 Code Amendments
During 2021, the City Council adopted one amendment to Title 6 of City Code, which covers planning and zoning in the City. More information on the code amendment is provided below.

Residential Development and Design Standards Amendment – City Council adopted new residential objective design and development standards on March 2, 2021 to repeal and replace Title 6, Chapter 6.85 of the City Code. The purpose for the amendment was to standardize, streamline and re-organize the development standards in City Code and provide new design standards for ministerial review of residential development outside of the Tourist Core or Tahoe Valley Area Plans. The code amendment also adopted new accessory dwelling unit regulations and made changes related to parking and manufactured homes.

Proposed Title 6 Code Amendments
During 2021 no new amendments for Title 6 of the City Code where proposed. 481
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5 Lake Tahoe Basin Development Rights
The 2021 appraisal of the market for development rights and land coverage did not change from the year 2020; as a result, no new action was taken to change the established price point for the sale of development rights and land coverage which are transferable development rights associated with TRPA growth management regulations.
56 Acres Master Plan
The City continued working on the 56-Acres Master Plan process throughout 2021 in collaboration with El Dorado County and the California Tahoe Conservancy (CTC) and will be considered by the City Council in 2022. The purpose of this planning effort is to develop a comprehensive strategy for future improvements, development, and operation of civic and recreational space.

The effort is being coordinated with the redevelopment of the City’s Recreation Center and the final Master Plan is expected to inform the preparation of a Bijou/Al Tahoe Area Plan (to replace the 1995 Bijou/Al Tahoe Community Plan).

Figure 3
Aerial Map of 56 Acres
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6 Improved Transparency and Community Engagement
Throughout 2021 City Staff has continued to post projects on the Current Projects web page in an effort to inform the public on the status of current development proposals and City initiatives.

The Current Project web page includes a status report for major development projects and is linked to a GIS map.

The existing Land Use and Community Design Element goals are provided below for reference.

Land Use and Community Design Element Goals
Goal LU-1: To ensure a connected city, guide land use consistent with the Tahoe Regional Planning Agency’s Transect Zoning System, and acquire the necessary Tahoe Regional Planning Agency commodities for future revitalization, development, and economic growth.

Goal LU-2: To focus future commercial, multi-family residential, tourist, civic, and social gathering space development in community plan areas in order to maximize incentives and create transit-, bicycle-, and pedestrian-oriented places that serve the needs of both residents and visitors.

Goal LU-3: To encourage the creation of more complete and well-designed neighborhoods that promote livability, safety, and sustainability.

Goal LU-4: To encourage the revitalization, reuse, and expansion of existing and vacant sites in South Lake Tahoe.

Goal LU-5: To revitalize and consolidate existing commercial uses while providing incentives and commodities for new resident- and visitor-serving commercial uses.

Goal LU-6: To provide tourist-serving uses near highways and other highly-visible locations in South Lake Tahoe.

Goal LU-7: To maintain an industrial district that provides for warehousing, research and development, light industrial, and “green technologies” that are attractive, compatible with adjoining non-industrial uses, and well designed and maintained.

Goal LU-8: To enhance and unify the visual quality of South Lake Tahoe.

Goal LU-9: To become a leader in “green” building technology, energy efficiency, emerging technologies, and sustainable development practices in the Lake Tahoe Basin.

Goal LU-10: To make development decisions predictable, fair, cost-effective by coordinating the City of South Lake Tahoe’s efforts with other agencies that either have jurisdiction, provide services, or own property in South Lake Tahoe.

Goal LU-11: To ensure the fair treatment of all visitors and residents, regardless of race, culture, and income with respect to land use and environmental decisions. 483
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7 Section 5 Economic Development Element
The Economic Development Element contains goals and policies to address economic prosperity and diversity, business attraction, and business retention and expansion.

New Business and Home Occupations
All businesses conducting work within the City are required to obtain a Business License. In 2021, the City issued a total of 571 new business licenses.

Due to an increase in remote working as a result of the COVID-19 pandemic, there has been an increase in new home occupations. Seven applications were approved during 2021.

The existing Economic Development Element goals are provided below for reference.

Economic Development Element Goals
Goal ED-1: To support and promote economic growth and the diversification of the local economy.

Goal ED-2: To support and promote existing businesses, job retention, and expansion, and diversify the economy.

Goal ED-3: To support and promote new business development and employment growth including local-serving, high technology, environmental-technology, and sustainable businesses, and encourage private-sector investment in South Lake Tahoe. 484
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8 Section 6 Housing Element
The existing Housing Element was adopted in 2014 and set forth implementation strategies to address housing needs in the City. The existing Housing Element covers an 8-year planning period, also known as the Fifth Cycle.

The City is required to update the Housing Element of the General Plan based on update cycles set by the Department of Housing and Community Development. Due to changes in state law, the 6th Cycle for the City’s Housing Element will start in June 2022 and will be for a 5-year period instead of the current 8-year cycle. The City has been awarded Local Early Action Planning funds to update the Housing Element. During 2021, the City held a series of public workshops and completed a public draft for the new Housing Element with the assistance of PlaceWorks consultants.

Government Code Section 65400 requires that each city and county, including charter cities, prepare an annual progress report (APR) on the status of the Housing Element in addition to the regular General Plan Annual Report. The Housing Element APR must be submitted using the forms developed by the California Department of Housing and Community Development (HCD) and documents residential permits issued during the previous year and the jurisdiction’s progress in meeting the Regional Housing Needs Allocation (RHNA). Figure 4, below, provides a summary of the city’s RHNA during the Fifth Cycle.

Affordable Units Moderate Income Above Moderate Income
Units Permitted 48 19 341
RHNA Target 92 63 181
48 19
341
92 63
181
0 50
100
150
200
250
300
350
400
Number of Units
Figure 4
Residential Units Permitted vs. RHNA Target
2013-2021
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9 During 2021, the City continued several efforts to address existing and future housing needs. The City has updated the objective residential development and design standards to streamline permitting for multi-family residential development and has adopted new regulations for accessory dwelling units. Other efforts involved entitlements and funding for new affordable housing projects as well as the approval of new incentives for affordable housing. Figure 5 below shows the residential building activity that occurred in 2021 including projects which received planning approval (units entitled), units which received a building permit (units permitted), and projects that were deemed complete (units completed). A total of 248 deed restricted low-income units (affordable units) where approved as part of the Sugar Pine Village project which is anticipated to begin construction in 2022. A total of 20 achievable income units (deed restricted to 180% AMI) where approved and are consistent with the City General Plan definition of Workforce Housing.

Additionally, TRPA adopted a new income level called achievable housing. This is defined as a single or multi-family residential development to be used exclusively as a residential dwelling by permanent residents with an income between 120 percent and 180 percent of the El Dorado County area median income (AMI). WORKFORCE HOUSING
Accessory Dwelling Units
In 2021, to compliance with California state Law the City Council adopted accessory dwelling unit regulations as part of the new objective residential development and design standards. TRPA subsequently adopted an updated Code of Ordinances which provided new regulations and procedures for allowing accessory dwelling units in California.

Affordable Units Achievable Income Market Rate
Untis Entitled 248 20 27
Units Permitted 43
Units Completed 26
248
20 27
43 26
0 50
100
150
200
250
300
Number of Units
Figure 5
Residential Building Activity During 2021
0 0
0 0
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10 Residential Objective Development and Design Standards On March 2, 2021 the City Council adopted a new residential objective design and development standards that repealed and replaced Title 6, Chapter 6.85 of the City Code. The new regulations allow property owners to submit an application for multi-family residential development of four or more dwelling units without a discretionary design review permit. The residential development standards resulted in the following changes:
1) Adoption of new accessory dwelling units regulations 2) Changes to City Code to implement Housing Element strategies related to parking and manufactured homes.

Lease to Locals
During 2021 the City partnered with Landing Locals to launch the Lease to Locals program. This program offers grants to qualifying South Lake Tahoe property owners when they rent their homes long-term to local residents. The goal of the program is to provide an incentive for second homeowners to lease long-term rather than rent short-term or leave homes vacant and increase rental housing stock.

TRPA Housing and Community Revitalization Working Group Throughout 2021 City staff and City Council members have continued to participate in the working group of the Advisory Planning Commission to assist local governments in meeting housing needs around the Basin. The working group reviewed amendments to the TRPA Code of Ordinances related to accessory dwelling units which was adopted by TRPA in 2021.

Housing Conditions
The City continues to inspect existing housing stock to ensure that City residents are living in safe and decent housing. During 2021, the Development Services Department carried out the following activities for multi-family residential properties and units participating in the Single Room Occupancy (SRO) program:
• Muti-Family Residential Unit Program Summary
o City staff conducted 123 site visits to multi-family properties (6 units or greater) o City staff certified 225 multifamily units (6 units or greater) o Multifamily units with pending corrections decreased from 394 to 214 o Multifamily units which had never been certified or inspected decreased from 103 to 55
• SRO Unit Program Summary
o City staff conducted 12 SRO site visits
o City staff certified 53 SRO units
o The number of SRO units working toward compliance certification decreased from 470 to 402 during 2021
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11 • Overall, in 2021, the multi-family residential program certified 429 regular units and maintained 1,088 exceptional units while the SRO program certified 118 regular units and maintained 52 exceptional units.

In order to address substandard housing conditions within the community, the City Council established a Housing Hotline. Consistent with all other years, in 2021, staff received many calls from tenants regarding security deposit disputes, parking concerns, rent increases inquiries, civil disputes, nuisances, evictions and substandard housing concerns. The Housing Division receives approximately 700 calls annually through the Housing Hotline. A substantial number of these calls are referred to other agencies for assistance such as Legal Services, El Dorado County Environment Management and Behavioral Health, City Code Enforcement, and the California Apartment Association. Additionally, a large number of complaints are resolved through mediation conducted by Housing Staff without escalated enforcement. However, approximately 20 complaints a year do require escalated and prolonged enforcement, the process of which can extend for a series of months. No matter the type of complaint, the Housing Division staff investigates and addresses all substandard housing complains.

Housing Supply
Under the TRPA growth management system, building permits for new residential development require residential allocations as well as potential residential units of use. The City typically receives 66 residential allocations from TRPA every two years. The City distributes the allocations between single family dwellings, multi-family dwellings and mixed-use or infill projects in Town Centers.

Another way to develop new residential units is to convert non-residential development rights, such as tourist accommodation units and commercial floor area. During 2021, staff issued City and TRPA permits to convert existing commercial floor area at 1017 Carson Avenue to one new residential unit. In addition, the City sold 2,600 square feet of commercial floor area to convert 13 new multi-family residential units.

Housing Element Annual Progress Report
The City is required to submit specific tables to HCD which constitute the Housing Element Annual Progress Report (APR) for 2021 (See Appendix 1). Each table is further described below if the table is relevant to the City of South Lake Tahoe.
 Table A includes submitted discretionary entitlement applications as well as submitted ministerial applications (building permits). This included a total of 92 new residential unit applications including 3 units of deed restricted affordable housing during 2021.  Table A2 includes approved entitlements, issued residential permits, and completed residential permits during 2021. The City approved entitlements for 295 units, issued residential permits for 43 units, and completed permitting for 26 residential units during the reporting period.
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12  Table B of the Housing Element APR documents the City’s progress in meeting its Fifth Cycle Regional Housing Needs Allocation (RHNA).
 Table D is for program implementation status and provides an update on the 40 implementation programs that were adopted as part of the 2014 Housing Element.  Table H provides an inventory of surplus lands and lands in excess of its foreseeable needs.  Summary Table documents the number of residential units permitted during the calendar year and number of units applied for during the same period.  LEAP Reporting is a new table that is an annual report on any Local Early Action Planning grant funds received by the jurisdiction. The City received an award of $150,000 under this program and will use the funds to prepare the 2022 update of the Housing Element.

The existing Housing Element goals are provided below for reference.

Housing Element Goals
Goal HE-1: To provide housing opportunities for South Lake Tahoe residents of all economic levels
Goal HE-2: To encourage construction and maintenance of affordable and/or workforce housing in South Lake Tahoe.

Goal HE-3: To preserve and enhance the existing supply of housing.

Goal HE-4: To provide a range of housing services for households with special needs within South Lake Tahoe.

Goal HE-5: To provide decent housing and quality living environment for all South Lake Tahoe residents regardless of age, race, religion, sex, sexual orientation, marital status, ancestry, national origin, disability, or economic level.

Goal HE-6: To ensure energy efficiency and appropriate weatherization for all new and existing housing.

Goal HE-7: To provide for a variety of housing types, sizes, price ranges, and densities compatible with the existing character and integrity of residential neighborhoods.

Goal HE-8: To ensure that Housing Element programs are implemented on a timely basis and progress of each program is monitored and evaluated annually. 489
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13 Section 7 Transportation and Circulation Element
The Transportation and Circulation Element contains goals, policies, and implementation measures to help create a well-connected transportation network that serves all residents and visitors while reducing vehicle miles traveled and greenhouse gas emissions.

During 2021, several significant transportation projects were completed or continued to make progress in the planning, design and environmental clearance process, including the following:
1) Pioneer Trail Sidewalk Phase II Project
2) Tahoe Valley Greenbelt and Stormwater Improvement Project 3) Lake Tahoe Blvd Class 1 Multi-use Trail Project
4) Bijou Park Class I Bicycle Trail – Greenway Connector 5) Dennis T Machida Memorial Trail (South Tahoe Greenway Phase 1C) Pioneer Trail Pedestrian Improvement Phase 2
• Status: Currently in Planning and Design Phase, Implementation expected in summer of 2024 The Pioneer Trail Pedestrian Improvement Project Phase II is located primarily between the intersections of Ski Run Blvd. on the west end and Larch Street on the east end (0.45 centerline mile). The project proposes construction of ADA compliant sidewalks, grade crossings, ramps, intersection and parallel parking re-configuration, along both sides of Pioneer Trail. Class 2 bike lanes will also be placed on both sides of Pioneer Trail. Minor drainage improvements, landscaping, signage and sidewalk level lighting will also be constructed. New transit shelters and bus pull outs will be provided along both sides of Pioneer Trail near multi-family residential properties. The project and required CEQA documentation were approved by the Planning Commission at the 2/18/21 meeting.

Figure 6
Pioneer Trail Pedestrian Improvement Project – Phase II 490
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14 The Tahoe Valley Greenbelt and Stormwater Improvement Project • Status: Planning and Design Complete, Implementation expected in 2022 and 2023 This project includes multi-benefit stormwater, stream environment zone (SEZ) restoration, bicycle and pedestrian improvements and recreational amenities. Water quality and SEZ enhancements will include improving existing drainage ways and drainage systems to spread, treat, infiltrate, and retain flows from roadways, commercial areas, and other high priority, directly connected urban areas. Pedestrian and bicycle enhancements will include improving connectivity within the project area and to regional networks. A Special Use Permit and associated CEQA documentation was approved at the 5/9/2019 Planning Commission meeting.

Lake Tahoe Boulevard Class 1 Multi-Use Trail Project
• Status: Planning and Design Complete, Implementation expected in 2022 This project includes a Class 1 Multi-use Trail, Class 2 Bicycle Lanes, sidewalk improvements, landscape buffers, and traffic calming along Lake Tahoe Boulevard between Viking Way and US 50/89 (Emerald Bay Road). Construction is expected to commence in 2021. The project and related CEQA documentation were approved at the 9/12/19 Planning Commission meeting. The project is scheduled to begin construction in May 2022, which should be completed by August 2022.

Bijou Park Class I Bicycle Trail – Greenway Connector
• Status: Currently in Planning and Design Phase
This project proposes to construct 0.6 miles of bicycle and pedestrian trail that would link the Al Tahoe Mobility Project constructed in 2020 (Johnson Blvd & Al Tahoe Boulevard) with the CTC Dennis T. Machida Memorial Greenway Trail Phase 1B (Constructed 2021). The trail would be entirely located within the City's Bijou Park Property, with hopes of constructing the project in 2023.

Dennis T. Machida Memorial Trail (CTC Greenway Phase 1C) • Status: Funding for initial Planning authorized
This project is a continuation of multiple phases of the California Tahoe Conservancy's Dennis T.

Machida Memorial Greenway Trail Project. This segment (1C) will provide for a multi-use paved trail from the limits of Herbert Avenue to the limits of Ski Run Boulevard and Pioneer Trail.

Implementation is anticipated to begin in 2025, pending development of detailed designs and obtaining funding for implementation of the project when plans are developed.

In addition to completed and ongoing projects, during 2021 City staff worked on the following projects pending funding:
1) Johnson Boulevard Bicycle and Pedestrian Improvements (Safe Routes to School, from Al Tahoe Blvd to Johnson Blvd
2) Stateline Avenue Complete Streets Project (Hwy 50 to Lake Shore Blvd) 3) Park Avenue and Lakeshore Boulevard Complete Streets Project (Hwy 50 to Lakeshore Blvd)
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15 4) Sierra Blvd-Palmira Avenue to South Tahoe Bikeway Connector (Connecting Sierra Blvd Complete Streets Project to South Tahoe Bikeway, across Hwy 50) 5) Spruce and Blackwood Complete Streets (Safe Routes to School – Bijou Elementary School)
The existing Transportation & Circulation Element goals are provided below for reference.

Transportation and Circulation Goals
Goal TC-1: To develop a transportation network that provides an efficient, comprehensive, and well-maintained roadway system that accommodates vehicular travel while encouraging expanded use of alternative transportation modes.

Goal TC-2: To expand transit services in South Lake Tahoe to provide a viable alternative to the private automobile and enhance mobility for residents and visitors, and work collaboratively to expand public transit options throughout the Tahoe Basin.

Goal TC-3: Expand bicycle and pedestrian activity in the community centers and throughout the city, across all seasons of the year, through enhancements to and maintenance of bike paths, bike lanes, pedestrian paths, and sidewalks.

Goal TC-4: Provide and manage parking to accommodate reasonable auto usage, while minimizing the impacts of excessive parking supply and encouraging use of alternative travel modes.

Goal TC-5: To enhance the Lake Tahoe Airport as a regional hub.

Goal TC-6: Encourage development of waterborne public transportation services that connect with transit, bicycle, and pedestrian facilities.
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16 Section 8 Public/Quasi-Public Facilities and Services Element The Public/Quasi-Public Facilities and Services Element contains goals, policies, and implementation measures to the logical and efficient extension and upgrading of services and facilities in South Lake Tahoe.

Recreation and Aquatic Center Project - The construction of a new Recreation and Aquatic Center is part of the larger 56 Acres Master Plan effort and will be considered by the City Council in 2022.

The existing Public/Quasi-Public Facilities and Services Element goals are provided below for reference.

Public/Quasi-Public Facilities and Services Element
Goal PQP-1: To ensure the timely maintenance, expansion, and upgrade of public facilities and services for the entire community.

Goal PQP-2: To work with local providers to ensure an adequate and safe water supply and delivery system for the entire community.

Goal PQP-3: To coordinate with South Tahoe Refuse to provide a reliable and environmentallyfriendly solid waste collection and diversion program that encourages recycling and re-use.

Goal PQP-4: To protect water quality of streams and Lake Tahoe by reducing pollutant loads associated with urban stormwater runoff.

Goal PQP-5: To deter crime and to meet the growing demands for public services in South Lake Tahoe.

Goal PQP-6: To protect residents, employees, and visitors in South Lake Tahoe from injury and loss of life, and to protect property and businesses from fires.

Goal PQP-7: To coordinate planning efforts with the Lake Tahoe Unified School District, Lake Tahoe Community College, and South Lake Tahoe Library in their efforts to provide for the educational needs of all South Lake Tahoe residents.

Goal PQP-8: To promote the provision of adequate levels of utility services by private companies and to ensure that these are constructed in a fashion that minimizes their negative effects on surrounding development and maximizes energy efficiency.

Goal PQP-9: To expand health and medical facilities and services in South Lake Tahoe to serve residents and visitors.

Goal PQP-10: To relocate and consolidate City-owned and operated public buildings while making them more energy efficient.
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17 Section 9 Recreation and Open Space Element
The Recreation and Open Space Element contains goals and policies that seek to protect open space and enhance recreational opportunities for South Lake Tahoe residents and visitors. 56-Acre Master Plan – The 56-Acre Master Plan effort is an ongoing collaboration between the City of South Lake Tahoe, El Dorado County, and the California Tahoe Conservancy. This Master Plan will create civic space that will encompass the City Recreation Center, Ice Arena, and Campground and will be considered by the City Council in 2022.

The existing Recreation and Open Space Element goals are provided below for reference.

Recreation and Open Space Element Goals
Goal ROS-1: To maintain and expand South Lake Tahoe’s public park system and recreational opportunities to meet the needs of residents, employees, and visitors.

Goal ROS-2: To provide areas of permanent construction that include passive recreational opportunities.
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18 Section 10 Health and Safety Element
The Health and Safety Element includes goals, policies, and actions to address natural hazards such as flooding and wildfires and earthquakes as well as hazards from airplane operations. The Health and Safety Element also includes emergency response and disaster preparedness.

During 2021 several projects and actions were taken to address the Health and Safety Element including the following:
 Measure S, a 1% sale tax for Public Safety, took affect April 1, 2021, which provides funding for public safety and road rehabilitation.
 The City Council approved the Strategic Plan to rehabilitate Fire Station II and provide an annual budget for an additional 7 firefighters.
 South Lake Tahoe Fire Rescue has partnered with the Tahoe Resource Conservation District and received grant funding for two seasonal Defensible Space inspectors. The two Defensible Space Inspectors worked last summer conducting inspections throughout the community and will return for the summer of 2022.
 The City is in the process of updating emergency vehicle radios and portable radios. In addition, a new CAD/RMS software system will be installed for the South Lake Tahoe Dispatch Center.
 The Tahoe Public Safety Radio Communication Tower was review, approved and installed with systems hardware installation work is still in progress.  Work is ongoing to complete a Local Hazard Mitigation Plan update which will involve amendments to the Health and Safety Element. The City was awarded $93,750 in 2020 from the Robert T. Stafford Emergency Assistance and Disaster Relief Act (Stafford Act) through FEMA and the California Governor’s Office of Emergency Services (Cal OES) to complete this update.

The existing Health and Safety Element goals are provided below for reference.

Health and Safety Element Goals
Goal HS-1: To plan for, train for, and respond to that incidences and disasters in order to minimize loss of life, major injury, and loss of property.

Goal HS-2: To provide minimize [sic] fire hazards and provide fire protection services that maintain a safe and healthy community.

Goal HS-3: To protect lives and property from seismic and geologic hazards and adverse soil conditions.

Goal HS-4: To protect life and property from seasonal flooding and flooding related to large storm events.
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2021 General Plan Annual Progress Report
19 Goal HS-5: To protect and maintain the safety of residents, businesses, and visitors by reducing the threat of avalanches.

Goal HS-6: To protect and maintain the safety of residents, businesses, and visitors by reducing, where possible, eliminating exposure to hazardous materials, waste, and natural substances.

Goal HS-7: To protect and maintain the safety of residents, businesses, and visitors by reducing the threat of aircraft hazards.

Goal HS-8: To protect South Lake Tahoe’s residents, workers, and visitors from the harmful and annoying effects of excessive noise exposure.
496
City of South Lake Tahoe
2021 General Plan Annual Progress Report
20 Section 11 Natural and Cultural Resources Element
The Natural and Cultural Resources Element addresses the preservation and enhancement of scenic, water, biological, historical and cultural, and mineral resources.

In 2021, the City continued to implement its first Climate Action Plan (CAP), adopted in October of 2020. The CAP serves as a long-term plan to reduce greenhouse gas (GHG) emissions from community activities, as well as prepare for the impacts of climate change. In addition to addressing climate change, the CAP will provide numerous co-benefits. Emissions reduction strategies are crafted to provide benefits to public health and safety, economic sustainability, local environmental quality, community resilience, and equity.

The existing Natural and Cultural Resources Element goals are provided below for reference.

Natural and Cultural Resources Element Goals
Goal NCR-1: To protect and enhance the visual connection of South Lake Tahoe’s and the Lake Tahoe Basin’s scenic resources.

Goal NCR-2: To protect and enhance the clarity of Lake Tahoe and water quality in the area’s rivers, creeks, and groundwater.

Goal NCR-3: To protect, restore, and enhance biological habitats and wildlife species in South Lake Tahoe.

Goal NCR-4: To preserve and maintain sites and structures that serve as significant, visible connections to South Lake Tahoe’s social, cultural, and architectural history.

NCR-5: To incorporate air quality transportation improvements and emission reductions directly with land use and transportation planning.

Goal NCR-6: To encourage energy conservation in new and existing developments in order to reduce greenhouse gas emissions, limit their effect on global warming, and to create a more sustainable environment.
497
City of South Lake Tahoe
2021 General Plan Annual Progress Report
21 Section 12 Neighborhood Priority Lists
The Neighborhood Priority Lists chapter of the General Plan includes proposed land use, economic development, transportation, and housing actions for the City’s different neighborhoods. It should be noted that two community plans (Stateline/Ski Run and Tahoe Valley) have since been replaced with two new Area Plans (Tourist Core Area Plan and Tahoe Valley Area Plan).

Ongoing Neighborhood Priority Efforts:
• Continued implementation of the Tahoe Valley Area Plan which includes improvements identified for the Tahoe Valley Community Plan, Tahoe Valley, Tahoe Valley Node, Tahoe Island, Gardner Mountain, Bonanza, Barton, and Winnemucca areas. • Continued street repair and repaving in neighborhoods. • Neighborhood traffic calming measures.
498
City of South Lake Tahoe
2021 General Plan Annual Progress Report
22 APPENDIX 1

CITY OF SOUTH LAKE TAHOE HOUSING ELEMENT

ANNUAL PROGRESS REPORT
CALENDAR YEAR 2021
499
Jurisdiction
South Lake
Tahoe ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 10/31/2013 - 10/31/2021 Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining Application Status Notes
2 34 6 7 8 9 11 12
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to 4,5+,ADU,MH)
Tenure
R=RenterO=Owner
Date
Application
Submitted+
(see
instructions)
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome
Non Deed
Restricted
Above
ModerateIncome
Total

PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION

SUBMITTED
Pursuant to GC
65913.4(b)?
(SB 35 Streamlining)
Was a Density
Bonus requested
for this housing
development?
Was a Density
Bonus approved
for this housing
development?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 0 0 0 0 3 0 89 92 0 0 029441004 & 029240011 3794 MONTREAL ROAD 21-015
2 to 4 R
1/28/2021
4 4 No No N/A Approved
23241042 2160 BARTON AVENUE 21-032 5+ R 4/5/2021 14 14 No No N/A Approved027072032 & 027072010 3708 LAKE TAHOE BOULEVARD 21-142 5+ R
6/30/2021
14 14 No No N/A Pending
2214103100 2125 TEXAS AVE 21020003 SFD O 2/1/2021 1 1 No No N/A Pending3035215100 3748 VERDON LN 21020096 SFD O 2/19/2021 1 1No No N/A Approved2369407100 701 PANTHER LN 21020101 SFD O 2/22/2021 1 1No No N/A Approved2907102100 4025 LAKESHORE BLVD 21030003 SFD O 3/1/2021 1 1No No N/A Approved3112210100 2613 ELWOOD AVE 21030014 SFD O 3/3/2021 1 1No No N/A Approved2713410100 1101 SONORA AVE 21030074 SFD O 3/18/2021 1 1 No No N/A Pending2344209100 636 TATA LN 21030098 SFD O 3/23/2021 1 1 No No N/A Pending2610523100 835 LOS ANGELES 21030100 SFD O 3/23/2021 1 1 No No N/A Pending2220014100 620 TAHOE KEYS BLVD 21030102 SFD O 3/23/2021 1 1No No N/A Approved2938119100 1036 CELLADOR RD 21030113 SFD O 3/25/2021 1 1No No N/A Approved2938120100 1040 CELLADOR RD 21030114 SFD O 3/25/2021 1 1No No N/A Approved2612236100 676 EL DORADO AVE 21030125 SFD O 3/26/2021 1 1No No N/A Approved2608214100 962 SAN JOSE AVE St Josseph Land Trust 21030150 SFD O 3/31/2021 1 1 No No N/A Pending2608213100 958 SAN JOSE AVE St Josseph Land Trust 21030151 SFD O 3/31/2021 1 1 No No N/A Pending2318228100 906 EMERALD BAY RD # A 21040001 SFD O 4/1/2021 1 1No No N/A Approved2318228100 906 EMERALD BAY RD # C 21040003 SFD O 4/1/2021 1 1No No N/A Approved2318228100 906 EMERALD BAY RD # B 21040004 SFD O 4/1/2021 1 1No No N/A Approved2318228100 906 EMERALD BAY RD # D 21040005 SFD O 4/1/2021 1 1No No N/A Approved2318228100 906 EMERALD BAY RD # E 21040006 SFD O 4/1/2021 1 1No No N/A Approved2318228100 906 EMERALD BAY RD # F 21040007 SFD O 4/1/2021 1 1No No N/A Approved2608215100 3141 RIVERSIDE AVE St Josseph Land Trust 21040011 SFD O 4/1/2021 1 1 No No N/A Pending2315206100 660 EMERALD BAY RD 21040013 SFD O 4/1/2021 1 1 No No N/A Pending2364402100 704 TAHOE ISLAND DR 21040029 SFD O 4/7/2021 1 1No No N/A Approved2231105100 1591 VENICE DR 21040053 SFD O 4/12/2021 1 1 No No N/A Pending3225224100 1284 TATA LN 21040094 SFD O 4/19/2021 1 1No No N/A Approved2529108100 1308 GILMORE LAKE RD 21040130 SFD O 4/26/2021 1 1No No N/A Approved3118210100 1169 STOCKTON AVE 21050080 SFD O 5/17/2021 1 1No No N/A Approved3116219100 1110 CHARLES AVE 21050093 SFD O 5/18/2021 1 1No No N/A Approved2608104100 910 SAN JOSE AVE 21050115 SFD O 5/21/2021 1 1No No N/A Approved3226105100 1327 TATA LN 21060007 SFD O 6/3/2021 1 1No No N/A Approved2537532100 3348 MT ROSE RD 21060022 SFD O 6/7/2021 1 1 No No N/A Pending2608818100 936 TALLAC AVE 21060029 SFD O 6/8/2021 1 1No No N/A Approved2374428100 2258 COLORADO AVE 21060032 SFD O 6/9/2021 1 1No No N/A Approved2355407100 678 ANITA DR 21060047 SFD O 6/10/2021 1 1 No No N/A Pending2614603100 2911 OAKLAND AVE 21060068 SFD O 6/11/2021 1 1 No No N/A Pending2354201100 2131 HARVARD AVE 21070109 SFD O 7/23/2021 1 1No No N/A Approved2522307100 1363 SUSIE LAKE RD 21070128 SFD O 7/27/2021 1 1No No N/A Approved3228215100 1243 MARGARET AVE 21070130 SFD O 7/27/2021 1 1No No N/A Approved2724128100 1092 BIJOU ST 21070143 SFD O 7/28/2021 1 1No No N/A Approved2944104100 3794 MONTREAL RD 21070151 SFD O 7/29/2021 4 4 No No N/A Pending2626106100 974 CAVE ROCK AVE 21080010 SFD O 8/3/2021 1 1No No N/A Approved2909114100 919 LAKE RD 21080012 SFD O 8/3/2021 1 1 No No N/A Pending2368301100 946 LINDA AVE 21080031 SFD O 8/6/2021 1 1 No No N/A Pending2375304100 2279 TEXAS AVE 21080033 SFD O 8/6/2021 1 1No No N/A Approved3109204100 1044 WILLIAM AVE 21080054 2 to 4 R 8/11/2021 2 2No No N/A Approved3225230100 1911 F ST 21080070 SFD O 8/12/2021 1 1No No N/A Approved2230111100 2051 ALOHA DR 21080134 SFD O 8/30/2021 1 1No No N/A Approved3123314100 2649 FOUNTAIN AVE 21090034 SFD O 9/14/2021 1 1 No No N/A Pending2337217100 1116 WINNEMUCCA AVE 21090069 SFD O 9/20/2021 1 1 No No N/A Pending2525204100 1232 HEATHER LAKE RD 21100020 SFD O 10/5/2021 1 1 No No N/A Pending2314129100 648 JAMES AVE 21100077 SFD O 10/14/2021 1 1 No No N/A Pending2607403100 3112 FRESNO AVE 21110026 SFD O 11/8/2021 1 1 No No N/A Pending2816114100 4273 SADDLE RD 21120014 SFD O 12/2/2021 1 1 No No N/A Pending2217142100 438 CHRISTIE DR 21120017 SFD O 12/3/2021 1 1 No No N/A Pending2612236100 676 EL DORADO AVE 21120035 ADU R 12/8/2021 1 1No No N/A Approved2714110100 3820 FOREST AVE 21120085 SFD O 12/30/2021 1 1 No No N/A Pending Table A
Housing Development Applications Submitted
Cells in grey contain auto-calculation formulas
1 5
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes (CCR Title 25 §6202)
Density Bonus Applications
10 500
Jurisdiction South Lake Tahoe ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 10/31/2013 - 10/31/2021
Table A2
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Streamlining Infill
Housing without Financial
Assistance or Deed
Restrictions
Term of Affordability
or Deed Restriction Notes
23 56 89 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Entitlement
Date Approved # of Units issued
Entitlements
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Building Permits
Date Issued
# of Units Issued
Building Permits
Very LowIncome Deed
Restricted
Very LowIncome Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
ModerateIncome Deed
Restricted
ModerateIncome Non
Deed Restricted
Above
ModerateIncome
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of the
units were
Extremely Low
Income?+
Was Project
APPROVED using
GC 65913.4(b)?
(SB 35 Streamlining)
Y/N
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select multiple -
see instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Dest
royed Units
Demolished or
Destroyed Units
Demolished/Des
troyed Units
Owner or
Renter
Total Density Bonus Applied to
the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential Gross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 0 248 0 0 0 47 295 0 0 0 0 0 0 43 43 0 0 0 0 0 0 26 26 02 40 23191007 941 EMERALD BAY ROAD 20-067 2 to 4 R 3 12/9/2021 3 0 0N 029441004 & 029240011 3794 MONTREAL ROAD 21-015 2 to 4 R 4 3/26/2021 4 0 0N 23241042 2160 BARTON AVENUE 21-032 5+ R 14 10/19/2021 14 0 0N 31290012 941 SILVER DOLLAR 20-101 5+ R 20 8/17/2021 20 0 0N 032291031 1029 TATA LANE SUGAR PINE VILLAGE 20-200 5+ R 38 1/22/2021 38 0 0 Y Other DEED RESTRICTED DUE TO FUNDING SORCES AND EXECUTIVE ORDER N-06-19 32291028 1860 LAKE TAHOE BOULEVARD SUGAR PINE VILLAGE 20-200 5+ R 210 1/22/2021 210 0 0 Y Other DEED RESTRICTED DUE TO FUNDING SORCES AND EXECUTIVE ORDER N-06-19 23182028 906 EMERALD BAY ROAD 20-202 5+ R 6 4/21/2021 6 0 0N 2507120100 1551 AL TAHOE BLVD 19120116 SFD O 0 1 5/4/2021 1 0N 2606113100 3131 BELLEVUE AVE 19120121 SFD O 0 1 6/14/2021 1 0N 2502181100 1389 HERBERT AVE 19120137 SFD O 0 1 7/23/2021 1 0N 3115501100 1140 RENO AVE 20080139 SFD O 0 1 9/27/2021 1 0N 2532101100 3642 SADDLE RD 20090034 SFD O 0 1 6/8/2021 1 0N 2374113100 2319 IDAHO AVE 20090037 SFD O 0 1 2/17/2021 1 0N 2369512100 647 GARDNER ST 20090149 SFD O 0 1 3/18/2021 1 0N 2205180100 2205 INVERNESS DR 20100002 SFD O 0 1 5/3/2021 1 0N 2378216100 934 SECRET HARBOR DR 20100025 SFD O 0 1 4/14/2021 1 1 10/20/2021 1N 2940235100 3845 FIGUEROA LN 20100075 SFD O 0 1 10/6/2021 1 0N 2214103100 2125 TEXAS AVE 21020003 SFD O 0 1 5/19/2021 1 0N 3035215100 3748 VERDON LN 21020096 SFD O 0 1 8/13/2021 1 0N 2369407100 701 PANTHER LN 21020101 SFD O 0 1 5/20/2021 1 0N 2907102100 4025 LAKESHORE BLVD 21030003 SFD O 0 1 5/18/2021 1 0N 1 Demolished O 3112210100 2613 ELWOOD AVE 21030014 SFD O 0 1 6/10/2021 1 0N 2220014100 620 TAHOE KEYS BLVD 21030102 SFD O 0 1 8/4/2021 1 0N 2612236100 676 EL DORADO AVE 21030125 SFD O 0 1 6/25/2021 1 0N 2318228100 906 EMERALD BAY RD # A 21040001 SFD O 0 1 6/2/2021 1 0N 2318228100 906 EMERALD BAY RD # C 21040003 SFD O 0 1 6/2/2021 1 0N 2318228100 906 EMERALD BAY RD # B 21040004 SFD O 0 1 6/2/2021 1 0N 2318228100 906 EMERALD BAY RD # D 21040005 SFD O 0 1 6/2/2021 1 0N 2318228100 906 EMERALD BAY RD # E 21040006 SFD O 0 1 6/2/2021 1 0N 2318228100 906 EMERALD BAY RD # F 21040007 SFD O 0 1 6/2/2021 1 0N 2364402100 704 TAHOE ISLAND DR 21040029 SFD O 0 1 6/28/2021 1 0N 1 Demolished O 3225224100 1284 TATA LN 21040094 SFD O 0 1 5/12/2021 1 0N 2529108100 1308 GILMORE LAKE RD 21040130 SFD O 0 1 9/22/2021 1 0N 3118210100 1169 STOCKTON AVE 21050080 SFD O 0 1 7/28/2021 1 0N 3116219100 1110 CHARLES AVE 21050093 SFD O 0 1 7/28/2021 1 0N 2608104100 910 SAN JOSE AVE 21050115 SFD O 0 1 8/19/2021 1 0N 3226105100 1327 TATA LN 21060007 SFD O 0 1 8/25/2021 1 0N 2608818100 936 TALLAC AVE 21060029 SFD O 0 1 9/20/2021 1 0N 2374428100 2258 COLORADO AVE 21060032 SFD O 0 1 9/30/2021 1 0N 2354201100 2131 HARVARD AVE 21070109 SFD O 0 1 8/10/2021 1 0N 2522307100 1363 SUSIE LAKE RD 21070128 SFD O 0 1 9/24/2021 1 0N 3228215100 1243 MARGARET AVE 21070130 SFD O 0 1 9/28/2021 1 0N 2724128100 1092 BIJOU ST 21070143 SFD O 0 1 10/5/2021 1 0N 2626106100 974 CAVE ROCK AVE 21080010 SFD O 0 1 10/6/2021 1 0N 1 Demolished O 2375304100 2279 TEXAS AVE 21080033 SFD O 0 1 9/28/2021 1 0N 3109204100 1044 WILLIAM AVE UNIT A 21080054 2 to 4 R 0 1 10/8/2021 1 0N 3225230100 1911 F ST 21080070 SFD O 0 1 10/4/2021 1 0N
2230111100 2051 ALOHA DR 21080134 SFD O 0 1 10/13/2021 1 0N 1 Demolished O 3109204100 1044 WILLIAM AVE UNIT B 21100043 2 to 4 R 0 1 10/8/2021 1 0N 2612236100 676 EL DORADO AVE 21120035 ADU R 0 1 12/17/2021 1 0N 3123615100 1301 O MALLEY DR 17100032 SFD O 0 0 1 10/15/2021 1 N 2203167100 2137 VENICE DR 17110068 SFD O 0 0 1 2/19/2021 1 N 3120408100 2674 KUBEL AVE 17120046 SFD O 0 0 1 4/9/2021 1 N 2612215100 744 EL DORADO AVE 18090036 SFD O 0 0 1 5/14/2021 1 N 2606402100 726 ALAMEDA AVE 19040027 SFD O 0 0 1 12/16/2021 1 N 2355115100 653 TAHOE ISLAND DR 19070096 SFD O 0 0 1 2/3/2021 1 N 2607323100 865 ALAMEDA AVE 19100101 SFD O 0 0 1 7/2/2021 1 N 3227908100 1125 DEDI AVE 19120008 SFD O 0 0 1 3/3/2021 1 N 2611217100 933 MODESTO AVE 19120023 SFD O 0 0 1 10/13/2021 1 N 3214208100 1144 BONANZA AVE 19120037 SFD O 0 0 1 6/24/2021 1 N 2345204100 710 TATA LN 19120048 SFD O 0 0 1 2/5/2021 1 N 3114608100 1141 STOCKTON AVE 19120072 SFD O 0 0 1 1/29/2021 1 N 2613407100 810 SONOMA AVE 19120088 SFD O 0 0 1 4/7/2021 1 N 3131410100 935 TANGLEWOOD DR 19120122 SFD O 0 0 1 1/8/2021 1 N 2529110100 1310 GILMORE LAKE RD 19120124 SFD O 0 0 1 11/1/2021 1 N 3224205100 1112 TATA LN 19120127 SFD O 0 0 1 10/20/2021 1 N 2555201100 3574 APRIL DR 19120138 SFD O 0 0 1 12/20/2021 1 N 3214111100 1149 BONANZA AVE # A 19120139 2 to 4 R 0 0 1 7/26/2021 1 N 3214111100 1149 BONANZA AVE # B 19120140 2 to 4 R 0 0 1 7/26/2021 1 N 3214111100 1149 BONANZA AVE 19120141 2 to 4 R 0 0 1 7/26/2021 1 N 3214111100 1149 BONANZA AVE 19120142 2 to 4 R 0 0 1 7/26/2021 1 N 2374511100 783 MICHAEL DR 20060007 SFD O 0 0 1 3/12/2021 1 N 3105102100 2267 SILVER TIP AVE 20070097 SFD O 0 0 1 5/4/2021 1 N 3105101100 2271 SILVER TIP AVE 20080088 SFD O 0 0 1 5/4/2021 1 N 2364602100 694 HAZEL DR 20090052 SFD O 0 0 1 7/30/2021 1 N Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Project Identifier Demolished/Destroyed Units (CCR Title 25 §6202)
501
Jurisdiction South Lake Tahoe ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2021 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 5th Cycle 10/31/2013 - 10/31/2021 (CCR Title 25 §6202) 1 34
RHNA Allocation
by Income Level 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted 24 - - - - - - - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted 23 - - - - - 1 - -
Non-Deed Restricted - - - - - - - - -
Deed Restricted 1 - - - - - - - - Non-Deed Restricted 4 - - - 4 - 10 - - Above Moderate 181 36 59 34 34 35 55 27 19 42 341 -
336
88 59 34 34 39 55 38 19 42 408 88
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected]. 44 24
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 19 Moderate
54 38 63
Please contact HCD if your data is different than the material supplied here 24 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
30 14
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.Total RHNATotal Units Income Level
Very LowLow
502
Jurisdiction South Lake Tahoe
Reporting Year 2021 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Mixed-Use Development Incentivize Mixed Use Development FY 14/15 The City encourages mixed-use development within theTourist Core Area Plan and the Tahoe Valley Area Plan which allows maximum density for mixed-use projects within Town Centers.

Condominiumization of New
Development Modify Allocation Process FY 14/15
The City has modified the residential allocation process to reserve residential allocations for use within the City's town center district and encourages condominiumzation of these units. In addtion, there is no cap on the number of residential allocaitons that can be used in the town center.

Reduce Allocation Backlog Identify Solutions Annually Completed Vacant Land Inventory Maintain Updated Inventory FY 14/15 Ongoing The City continues to maintain a GIS database of all parcels including vacant parcels on the City website.

Development of
Substandard/Underutilized
Sites
Development of Substandard/Underutilized
Sites FY 14/15 Ongoing The City included information on underutilized sites in the Tourist Core Area Plan and the Tahoe Valley Area Plan.

Parking Best Practices Allow Flexible Parking Standards Ongoing The City updated the City Development Code, including revising the parking ratios.

The Residential Development and Design Standards reduce parking ratios for multifamily residential development.

Utilizing Density Incentives Direct Multi-family Development to Plan Areas with Incentives FY 15/16
The City continues to encourage development within the Tourist Core and Tahoe Valley Area Plans where higher density is permitted. The City has not yet updated the Title 6 to permit density bonuses consistent with state law since it is inconsistant with TRPA density standards.

Clarifying the Development
Process
Continue to Provide Information to
Developers and Builders Ongoing The City continues to meet with developers and builders to discuss the development process, including the new TRPA Conversion program.

Clarify How Residential
Care Facilities Are Allowed
Per State Law
Amend Zoning Code FY 15/16 City staff continues to work on updating the City Code which will bring residential care facilities into conformance with state law.

Small Lot Consolidation Incentivize and Encourage Lot
Consolidation FY 14/15 Ongoing City staff updated Title 6, Development Services, of the City Code which includes incentives for lot consolidation.

Pursue State and Federal
Funds
Obtain Funding to Create and Support
Affordable Housing FY 14/15 Ongoing
CDBG and HOME program income is being used toward implimentation of the Sugar Pine Village affordable housing project and is worked on applications for new state or federal funds during 2021.

Linkage Program Consider Adoption of Linkage Ordinance FY 15/16 Not yet considered.

Partnerships for Workforce
Housing Continue to Develop Partnerships Ongoing
The City continues to work with many stakeholders to develop new housing, including Lake Tahoe Community College, the Tahoe Prosperity Center, and St. Joseph's Community Land Trust
Inter-Jurisdictional
Cooperation for Workforce
Housing
Continue to Work with Surrounding
Jurisdictions on Workforce Housing Ongoing
The City continues to work with TRPA to remove regulatory barriers to the development of housing in South Lake Tahoe. The City has been a member of the TRPA Housing and Community Revitalization Group (est in 2020). This new TRPA initiative is developing housing action priorities to bring to the TRPA Governing Board. In 2021, TRPA adopted code amendments related to secondary residences (ADUs).

Analysis of Federal and
State Lands Identify Lands with Development Potential Ongoing The City continues to work with the California Tahoe Conservancy to develop its asset lands and approved applications for 248 units of deed restricted affordable housing reviewed under SB 35 during 2021. The City is also reviewing another CTC asset parcel mixed-use development at 2070 Lake Tahoe Blvd that will include 70 units of deed restricted "achievable" housing (125% of Median Income).

Student Housing Examine Need for and Feasibliity of
Student Housing FY 15/16 The City continues to support Lake Tahoe Community College in their planning for future student and employee housing.

Assist Nonprofit Housing
Developers Provide Support Ongoing
The City has continued to support housing developers for developing and maintaining affordable housing, such as the 76 unit Sierra Gardens. In 2021, the City provided three City owned parcels to St. Joseph's Community Land Trust for the development of 3 single family homes for moderate income households (Riverside Parcels).

First-Time Homebuyer
Program Administration
Partnering
Identify Agencies or Organizations Able to
Administer Program FY 14/15 The City has not identified agencies or organizations interested in administering the First-Time Homebuyer Program.

Mitigation of TRPA
Regulations
Reduce Restrictions on Affordable
Housing Development FY 15/16 Ongoing
The City continues to work with TRPA to remove barriers to affordable housing development. The new TRPA conversion program expands the ability to acquire bonus units from TRPA for affordable housing. Through TRPA's Housing and Community Revitalization Group, the City is working to adopt new noticing and coverage requirements in TRPA Code for secondary residences (ADUs).

Public Education Continue to Inform Public Ongoing
The City continues to work with property owners and the public at large concerning affordable housing opportunities, including accessory dwelling units and TRPA bonus units for affordable housing.

Publicize Available
Programs Continue to Publicize Programs Ongoing
The City continues to work with property owners and the public at large concerning affordable housing opportunities, including accessory dwelling units and TRPA bonus units for affordable housing.

Rehabilitation Loan
Program Administration
Partnering
Identify Agencies or Organizations Able to
Administer Program FY 14/15 Ongoing The City has not identified agencies or organizations interested in administering a Rehabilitation Loan Program.

Multiple Family Dwelling
Inspection and Maintenance
Program
Continue to Operate and Expand Program Ongoing
The City continues to carry out a robust multi-family inspection program which applies to all properties with 6 or more units. During 2021 the City conducted 123 site visits for multi-family units and certified 225 multi-family units.

Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
503
Mobile Home Parks
Ordinances Modify Ordinances FY 14/15
City staff updated Title 6, Development Services, of the City Code, which addresses mobile home park requirements, including minimum parcel sizes, design, and amenities. The new Residential Development and Design Standards reduces the minimum parcel size for mobile home parks from 10 to 5 acres.

Acquisition of At-Risk
Properties Continue to Assist Organizations FY 14/15 Ongoing The City continues to work with non-profits to maintain and preserve existing subsidized rental housing in the City, such as Sierra Gardens.

Analysis of Barriers to Motel
Conversions Analyze Barriers FY 15/16
The City continues to operate the Single Room Occupancy Program, which allows hotel and motel owners to upgrade units as long term rental units. During 2021, the City conducted 12 SRO site vists and certified 53 SRO units.

Housing Condition Survey Enforce Codes to Improve Condition of Existing Housing Stock FY 21/22
The City continues to enforce Codes including Housing, Health and Safety and City Codes, primarily through the multi-family dwelling inspeciton program and housing hotline. A new housing condition survey was carried out in 2019 and will be used to inform the preparation of the 2022 Housing Element update.

Reasonable
Accommodation and Land
Coverage
Adopt Ordinance or Procedure FY 14/15 City staff updated Title 6, Development Services, which includes a new section on reasonable accommodation.

Universal Design Adopt Design Standards FY 14/15 City staff updated Title 6, Development Services, which includes universal design standards and/or visitability standards.

Family Housing Provide Regulatory Incentives Ongoing City staff continues to work on the update of Title 6, Development Services, which will include incentives for development of 3 and 4 bedroom units.

Employee Housing Act
Compliance Amend Zoning Code FY 15/16 City staff updated Title 6, Development Services, which will includes employee housing regulations consistent with state law.

Special Needs Housing Implement Incentives and Seek Funding Ongoing City staff updated Title 6, Development Services, which includes incentives for special needs housing.

Housing Issues Hotline Continue to Offer Service Ongoing The City continues to provide this service.

Green Building Incentives
Program Continue to Implement Program Continue to Implement Program The City has incorporated the Green Building Incentive Program into the Tourist Core Area Plan and the Tahoe Valley Area Plan.

Energy Conservation Provide Information and Enforce State Requirements Ongoing
The City continues to enforce the Building Code and Green Code energy conservation regulations. The City also provides information regarding energy conservation programs at the Permit Center.

Maintaining Neighborhood
Character
Maintain Character While Integrating
Affordable Housing Ongoing The Tahoe Valley Area Plan specifically addresses the requirement to develop consistent with existing community character through policy and design standards.

Amenities for New
Residential Development Modify Design Guidelines FY 15/16 City staff updated of Title 6, Development Services, which includes requirements to provide amenities for residential developments of 12 units or greater.

Implementation Tracking
Matrix
Track Progress of Housing Element
Programs Ongoing The City continues to track progress of the 2014 Housing Element.

Staff Meetings Coordinate Implementation of Housing
Element Programs Weekly City staff discusses projects implementing the Housing Element during Development Review Team Meetings and weekly staff meetings.

Reporting Housing Element
Implementation Complete and Submit This Report Complete and Submit this Report Completed for 2021
General Comments
504
Jurisdiction South Lake Tahoe Note: "+" indicates an optional field Reporting Period 2021
(Jan. 1 - Dec.
31) Cells in grey contain auto-calculation formulas
Designation Size Notes
1 2 34 5 6 7
APN Street Address/Intersection Existing Use Number of Units Surplus Designation Parcel Size (in acres) Notes 025-061-039 Segment of Martin Avenue and a small sliver south of Marie Ave. bridge upstream along Trout Creek Vacant Exempt Surplus Land 1.26 Exchange for state agency conservation use 025-061-037 Martin Ave. - 1st "Parcel" Upstream of Roadway Vacant Exempt Surplus Land 21.53 Exchange for state agency conservation use025-081-013 Mid-Section with Confluence of Trout & Cold Creek. Vacant Exempt Surplus Land 57.07 Exchange for state agency conservation use 080-010-013 Outside City Limits & Borders Pioneer Trail Vacant Exempt Surplus Land 20.82 Exchange for state agency conservation use 025-091-012 Cold Creek Section with Lake Christopher Vacant Exempt Surplus Land 22.27 Exchange for state agency conservation use 080-020-008 Cold Creek Section Above Pioneer Trail Vacant Exempt Surplus Land 54.836 Exchange for state agency conservation use023-685-001 2180 Washington Ave Vacant Surplus Land 0.22031-030-020 948 Link Road Vacant Surplus Land 1.22031-030-039 Link Road Vacant Surplus Land 2.23031-030-024 Link Road Vacant Exempt Surplus Land 0.08 Less than 5,000 sf029-170-001 3900 Lake Tahoe Blvd Vacant Surplus Land 0.34 STRSA Long Range Property Management Plan 029-170-002 3908 Lake Tahoe Blvd Vacant Surplus Land 0.82 STRSA Long Range Property Management Plan 026-082-013, -014, and -015 958 and 962 San Jose Ave and 3141 Riverside Ave Vacant Exempt Surplus Land 0.34 STRSA Long Range Property Management Plan with an exclusive negotiating agreement or legally binding agreement for disposition entered into not later than December 31, 2020.

The disposition must be completed not later than December 31, 2022. HCD confirmed exempt surplus land status under Gov. Code section 54234(b)(1) in an email dated Oct. 25, 2021. 032-311-008 1180 Julie Lane Vacant Exempt Surplus Land 0.59 Exchange for other public agency use032-314-012 1160 Industrial Avenue Vacant Exempt Surplus Land 1.57 Exchange for other public agency use026-113-007 3069 Lake Tahoe Boulevard Public Facilities Surplus Land 0.13026-113-008 981 Modesto Avenue Public Facilities Surplus Land 0.14026-113-009 977 Mondesto Avenue Public Facilities Surplus Land 0.14 026-050-004 1160 Rufus Allen Blvd. Public Facilities Exempt Surplus Land 15 The City entered into an agreement with El Dorado County, dated February 22, 2022, which includes a land swap with the County of approximately 10.35 acres of this parcel in exchange for approximately 9.112 acres of County land for the construction of a new Multi-Generational Recreation Center. HCD confirmed exempt surplus land status under Gov. Code section 54421(f)(1)(D) in an email dated February 1, 2022 Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
505
Jurisdiction South Lake Tahoe
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 10/31/2013 - 10/31/2021
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
43 43
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 40 22
2 to 4 7 2 4
5+ 288 0 0
ADU 0 1 0
MH 0 0 0
Total 295 43 26
59 92
0 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 00
Low 0 00
Moderate 0 00
Above Moderate 0 00
Total 0 00
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
506
Jurisdiction South Lake Tahoe
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested Other Funding Notes
Consultant Retainment 2,000.00 $                              None Project Management 3,000.00 $                              None Housing Element Update 145,000.00 $                          Local General Fund Summary of entitlements, building permits, and certificates of occupancy (auto‐populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 248
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
47 295
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
43 43
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
26 26

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
In Progress
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable. $                                                                                                                          150,000.00 Task Status
Completed
In Progress
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
507
Resolution 2022-XXX March 15,
2022