MAP sued TRPA over concerns about housing affordability and environmental impacts after the agency updated its housing codes last December

On July 1st, Mountain Area Preservation (MAP) and the Tahoe Regional Planning Agency (TRPA) settled the Phase 2 Housing Codes litigation. The settlement negotiated between both parties represents a win to advance future affordable workforce development with a commitment to robust environmental analysis as part of the next phase of policy updates, which is set to commence this year.

Thank you to the 419 supporters who signed our litigation petition; your backing has helped to promote future affordable workforce housing and protect water quality in the Lake Tahoe Basin. 

Some of our MAP supporters may be thinking, why settle now after the critical code changes were just approved? To be clear, those code changes were a result of this settlement and would not have happened if we had not negotiated with TRPA. And we’ll continue to have the opportunity to make an impact as specific projects are developed. 

We are still concerned about the intense land uses allowed under Phase 2, and we plan to tackle those concerns as best we can in the public process. Thanks to this settlement, MAP now has a seat at the table on the Tahoe Living Working Group. 

Land use applications are moving forward rapidly, and we need to be prepared with expert analysis to address poor planning and advocate for meaningful workforce housing and environmental protections. 

We are tracking many land use applications for North Lake Tahoe, 39°N, Chalet Blanc, Boatworks, and more, which are all moving quickly into the environmental analysis phase. Most active housing projects plan to utilize the Phase 2 incentives to bring forward achievable housing units, and MAP will continue to be a watchdog and alert the community throughout the public process to secure the best possible outcomes for our workforce and our environment. 

Moving past litigation, our staff, legal team, and expert consultants will be focused on analyzing these large land use applications for adherence to planning documents and development codes, along with honoring the environmental thresholds, providing mitigation, and considering alternatives, as required under the Bi-State Compact and California Environmental Quality Act (CEQA).

With our negotiated policy considerations, this settlement provides strong commitments to workforce housing and environmental benefits. MAP and the community can still influence the additional housing policies coming forward as part of the Phase 3 process, which is our commitment to continue advocating for heightened environmental review during Phase 3 and innovation for workforce housing solutions.  

 

TRPA Settlement Wins 

  1. 50% Bonus Units Affordable 

  2. Stormwater collection and treatment required for future deed-restricted workforce housing projects

  3. Tahoe Living Working Group Seat - This group will be weighing in on the Phase 3 Housing Amendments.

  4. Phase 3 Policy Considerations 

    • Programs to unlock existing housing units (i.e., Short Term Rental (STR) ban or lower caps, Lease to Locals programs, down payment assistance programs, and a housing trust to manage these programs)

    • Re-evaluate whether “Achievable” housing should be dedicated to folks at specific income levels. 

    • Criteria to address potential site-specific impacts, scenic resources, and public safety (wildfire dangers and evacuation hazards)

    • Refining criteria for height outside of town centers 

    • Additional strategies to reduce the amount of driving in the basin.

    • One parking spot per unit minimum

  5. TRPA has agreed to complete an Environmental Impact Statement (EIS) as part of Phase 3, with the following minimum criteria: 

    1. Use existing conditions as the baseline, not 2012 or another earlier date.

    2. Use the best science available to analyze the potentially significant impacts of the Phase 3 proposals. The environmental review shall include up-to-date data and analysis regarding Vehicle Miles Traveled, fire threats and evacuation analysis, water quality/clarity, and air quality.

    3. Complete extensive cumulative analysis, including an analysis of cumulative scenic impacts with visual renderings. 

    4. Conduct environmental analysis for new stormwater treatment systems, including assessing growth-inducing impacts.

  6. And MAP can still litigate on Phase 3 Codes if these settlement points are not upheld or other concerns arise.

Land Use Advocacy Fund 

Many MAP supporters know our work has just begun, especially in light of the settlement and the Phase 3 process. With MAP as a new working group member, we will let the region know when the meetings are taking place and how to participate so that more inclusive stakeholder and community engagement will occur for Phase 3.

Engaging environmental experts and attorneys is expensive. We did it on Martis Valley West and will do it again!MAP will be pivoting our Land Use Advocacy Fund to support legal and expert review needs for projects that warrant heightened analysis for scenic viewsheds, traffic, water quality, greenhouse gas emissions, wildfire threats, and public safety. It is a privilege to develop in the basin, and we want to ensure that local workforce housing is built thoughtfully and meaningfully, serving our local workforce residents.