66800-66801
GOVERNMENT CODE
SECTION 66800-66801
66800. The Legislature of California hereby ratifies and approves
the "Tahoe Regional Planning Compact" as set forth below.
66801. The provisions of this interstate compact executed between
the States of Nevada and California are as follows:
TAHOE REGIONAL PLANNING COMPACT
ARTICLE I. FINDINGS AND DECLARATIONS OF POLICY
(a) It is found and declared that:
(1) The waters of Lake Tahoe and other resources of the region are
threatened with deterioration or degeneration, which endangers the
natural beauty and economic productivity of the region.
(2) The public and private interests and investments in the region
are substantial.
(3) The region exhibits unique environmental and ecological values
which are irreplaceable.
(4) By virtue of the special conditions and circumstances of the
region's natural ecology, developmental pattern, population
distribution and human needs, the region is experiencing problems of
resource use and deficiencies of environmental control.
(5) Increasing urbanization is threatening the ecological values
of the region and threatening the public opportunities for use of the
public lands.
(6) Maintenance of the social and economic health of the region
depends on maintaining the significant scenic, recreational,
educational, scientific, natural and public health values provided by
the Lake Tahoe Basin.
(7) There is a public interest in protecting, preserving and
enhancing these values for the residents of the region and for
visitors to the region.
(8) Responsibilities for providing recreational and scientific
opportunities, preserving scenic and natural areas, and safeguarding
the public who live, work and play in or visit the region are divided
among local governments, regional agencies, the States of California
and Nevada, and the federal government.
(9) In recognition of the public investment and multistate and
national significance of the recreational values, the federal
government has an interest in the acquisition of recreational
property and the management of resources in the region to preserve
environmental and recreational values, and the federal government
should assist the states in fulfilling their responsibilities.
(10) In order to preserve the scenic beauty and outdoor
recreational opportunities of the region, there is a need to insure
an equilibrium between the region's natural endowment and its manmade
environment.
(b) In order to enhance the efficiency and governmental
effectiveness of the region, it is imperative that there be
established a Tahoe Regional Planning Agency with the powers
conferred by this compact including the power to establish
environmental threshold carrying capacities and to adopt and enforce
a regional plan and implementing ordinances which will achieve and
maintain such capacities while providing opportunities for orderly
growth and development consistent with such capacities.
(c) The Tahoe Regional Planning Agency shall interpret and
administer its plans, ordinances, rules and regulations in accordance
with the provisions of this compact.
ARTICLE II. DEFINITIONS
As used in this compact, the following terms have the following
meanings:
(a) "Region," includes Lake Tahoe, the adjacent parts of Douglas
and Washoe Counties and Carson City, which for the purposes of this
compact shall be deemed a county, lying within the Tahoe Basin in the
State of Nevada, and the adjacent parts of the Counties of Placer
and El Dorado lying within the Tahoe Basin in the State of
California, and that additional and adjacent part of the County of
Placer outside of the Tahoe Basin in the State of California which
lies southward and eastward of a line starting at the intersection of
the basin crestline and the north boundary of Section 1, thence west
to the northwest corner of Section 3, thence south to the
intersection of the basin crestline and the west boundary of Section
10; all sections referring to Township 15 North, Range 16 East,
M.D.B. & M. The region defined and described herein shall be as
precisely delineated on official maps of the agency.
(b) "Agency" means the Tahoe Regional Planning Agency.
(c) "Governing body" means the governing board of the Tahoe
Regional Planning Agency.
(d) "Regional plan" means the long-term general plan for the
development of the region.
(e) "Planning commission" means the advisory planning commission
appointed pursuant to subdivision (h) of Article III.
(f) "Gaming" means to deal, operate, carry on, conduct, maintain
or expose for play any banking or percentage game played with cards,
dice or any mechanical device or machine for money, property, checks,
credit or any representative of value, including, without limiting
the generality of the foregoing, faro, monte, roulette, keno, bingo,
fan-tan, twenty-one, blackjack, seven-and-a-half, big injun,
klondike, craps, stud poker, draw poker or slot machine, but does not
include social games played solely for drinks, or cigars or
cigarettes served individually, games played in private homes or
residences for prizes or games operated by charitable or educational
organizations, to the extent excluded by applicable state law.
(g) "Restricted gaming license" means a license to operate not
more than 15 slot machines on which a quarterly fee is charged
pursuant to NRS 463.373 and no other games.
(h) "Project" means an activity undertaken by any person,
including any public agency, if the activity may substantially affect
the land, water, air, space or any other natural resources of the
region.
(i) "Environmental threshold carrying capacity" means an
environmental standard necessary to maintain a significant scenic,
recreational, educational, scientific or natural value of the region
or to maintain public health and safety within the region. Such
standards shall include but not be limited to standards for air
quality, water quality, soil conservation, vegetation preservation
and noise.
(j) "Feasible" means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account
economic, environmental, social and technological factors.
(k) "Areas open to public use" means all of the areas within a
structure housing gaming under a nonrestricted license except areas
devoted to the private use of guests.
(l) "Areas devoted to private use of guests" means hotel rooms and
hallways to serve hotel room areas, and any parking areas. A hallway
serves hotel room areas if more than 50 percent of the areas of each
side of the hallway are hotel rooms.
(m) "Nonrestricted license" means a gaming license which is not a
restricted gaming license.
ARTICLE III. ORGANIZATION
(a) There is created the Tahoe Regional Planning Agency as a
separate legal entity.
The governing body of the agency shall be constituted as follows:
(1) California delegation:
(A) One member appointed by each of the County Boards of
Supervisors of the Counties of El Dorado and Placer and one member
appointed by the City Council of the City of South Lake Tahoe. Any
such member may be a member of the county board of supervisors or
city council, respectively, and shall reside in the territorial
jurisdiction of the governmental body making the appointment.
(B) Two members appointed by the Governor of California, one
member appointed by the Speaker of the Assembly of California and one
member appointed by the Senate Rules Committee of the State of
California. The members appointed pursuant to this subparagraph shall
not be residents of the region and shall represent the public at
large within the State of California. A member appointed by the
Speaker of the Assembly or the Senate Rules Committee may, subject to
confirmation by his or her appointing power, designate an alternate
to attend meetings and vote in the absence of the appointed member.
The designation of a named alternate, which shall be in writing and
contain evidence of confirmation by the appointing power, shall be
kept on file with the agency. An appointed member may change his or
her alternate from time to time, with the confirmation of the
appointing power, but shall have only one designated alternate at a
time. An alternate shall be subject to those qualifications and
requirements prescribed by this compact that are applicable to the
appointed member.
(2) Nevada delegation:
(A) One member appointed by each of the boards of county
commissioners of Douglas and Washoe Counties and one member appointed
by the Board of Supervisors of Carson City. Any such member may be a
member of the board of county commissioners or board of supervisors,
respectively, and shall reside in the territorial jurisdiction of
the governmental body making the appointment.
(B) Two members appointed by the Governor of Nevada, one member
appointed by the Speaker of the Assembly and one member appointed by
the Majority Leader of the Nevada Senate. All members appointed
pursuant to this subparagraph shall not be residents of the region
and shall represent the public at large within the State of Nevada. A
member appointed by the Speaker of the Nevada Assembly or the
Majority Leader of the Nevada Senate may, subject to confirmation by
his or her appointing power, designate an alternate to attend
meetings and vote in the absence of the appointed member. The
designation of a named alternate, which shall be in writing and
contain evidence of confirmation by the appointing power, shall be
kept on file with the agency. An appointed member may change his or
her alternate from time to time, with the confirmation of the
appointing power, but shall have only one designated alternate at a
time. An alternate shall be subject to those qualifications and
requirements prescribed by this compact that are applicable to the
appointed member.
(3) If any appointing authority under paragraph (1)(A), (1)(B),
(2)(A) or (2)(B) fails to make such an appointment within 60 days
after the effective date of the amendments to this compact or the
occurrence of a vacancy on the governing body, the governor of the
state in which the appointing authority is located shall make the
appointment. The term of any member so appointed shall be 1 year.
(4) The position of any member of the governing body shall be
deemed vacant if such a member is absent from three consecutive
meetings of the governing body in any calendar year.
(5) Each member and employee of the agency shall disclose his
economic interests in the region within 10 days after taking his seat
on the governing board or being employed by the agency and shall
thereafter disclose any further economic interest which he acquires,
as soon as feasible after he acquires it. As used in this paragraph,
"economic interests" means:
(A) Any business entity operating in the region in which the
member or employee has a direct or indirect investment worth more
than one thousand dollars ($1,000).
(B) Any real property located in the region in which the member or
employee has a direct or indirect interest worth more than one
thousand dollars ($1,000).
(C) Any source of income attributable to activities in the region,
other than loans by or deposits with a commercial lending
institution in the regular course of business, aggregating two
hundred fifty dollars ($250) or more in value received by or promised
to the member within the preceding 12 months; or
(D) Any business entity operating in the region in which the
member or employee is a director, officer, partner, trustee, employee
or holds any position of management.
No member or employee of the agency shall make, or attempt to
influence, an agency decision in which he knows or has reason to know
he has an economic interest. Members and employees of the agency
must disqualify themselves from making or participating in the making
of any decision of the agency when it is reasonably foreseeable that
the decision will have a material financial effect, distinguishable
from its effect on the public generally, on the economic interests of
the member or employee.
(b) The members of the agency shall serve without compensation,
but the expenses of each member shall be met by the body which he
represents in accordance with the law of that body. All other
expenses incurred by the governing body in the course of exercising
the powers conferred upon it by this compact unless met in some other
manner specifically provided, shall be paid by the agency out of its
own funds.
(c) The members of the governing body serve at the pleasure of the
appointing authority in each case, but each appointment shall be
reviewed no less often than every 4 years. Members may be
reappointed.
(d) The governing body of the agency shall meet at least monthly.
All meetings shall be opened to the public to the extent required by
the law of the State of California or the State of Nevada, whichever
imposes the greater requirement, applicable to local governments at
the time such meeting is held. The governing body shall fix a date
for its regular monthly meeting in such terms as "the first Monday of
each month," and shall not change such date more often than once in
any calendar year. Notice of the date so fixed shall be given by
publication at least once in a newspaper or combination of newspapers
whose circulation is general throughout the region and in each
county a portion of whose territory lies within the region. Notice of
any special meeting, except an emergency meeting, shall be given by
so publishing the date and place and posting an agenda at least 5
days prior to the meeting.
(e) The position of a member of the governing body shall be
considered vacated upon his loss of any of the qualifications
required for his appointment and in such event the appointing
authority shall appoint a successor.
(f) The governing body shall elect from its own members a chairman
and vice chairman, whose terms of office shall be 2 years, and who
may be reelected. If a vacancy occurs in either office, the governing
body may fill such vacancy for the unexpired term.
(g) Four of the members of the governing body from each state
constitute a quorum for the transaction of the business of the
agency. The voting procedures shall be as follows:
(1) For adopting, amending or repealing environmental threshold
carrying capacities, the regional plan, and ordinances, rules and
regulations, and for granting variances from the ordinances, rules
and regulations, the vote of at least four of the members of each
state agreeing with the vote of at least four members of the other
state shall be required to take action. If there is no vote of at
least four of the members from one state agreeing with the vote of at
least four of the members of the other state on the actions
specified in this paragraph, an action of rejection shall be deemed
to have been taken.
(2) For approving a project, the affirmative vote of at least five
members from the state in which the project is located and the
affirmative vote of at least nine members of the governing body are
required. If at least five members of the governing body from the
state in which the project is located and at least nine members of
the entire governing body do not vote in favor of the project, upon a
motion for approval, an action of rejection shall be deemed to have
been taken. A decision by the agency to approve a project shall be
supported by a statement of findings, adopted by the agency, which
indicates that the project complies with the regional plan and with
applicable ordinances, rules and regulations of the agency.
(3) For routine business and for directing the agency's staff on
litigation and enforcement actions, at least eight members of the
governing body must agree to take action. If at least eight votes in
favor of such action are not cast, an action of rejection shall be
deemed to have been taken.
Whenever under the provisions of this compact or any ordinance,
rule, regulation or policy adopted pursuant thereto, the agency is
required to review or approve any project, public or private, the
agency shall take final action by vote, whether to approve, to
require modification or to reject such project, within 180 days after
the application for such project is accepted as complete by the
agency in compliance with the agency's rules and regulations
governing such delivery unless the applicant has agreed to an
extension of this time limit. If a final action by vote does not take
place within 180 days, the applicant may bring an action in a court
of competent jurisdiction to compel a vote unless he has agreed to an
extension. This provision does not limit the right of any person to
obtain judicial review of agency action under subdivision (h) of
Article VI. The vote of each member of the governing body shall be
individually recorded. The governing body shall adopt its own rules,
regulations and procedures.
(h) An advisory planning commission shall be appointed by the
agency. The commission shall include: the chief planning officers of
Placer County, El Dorado County, and the City of South Lake Tahoe in
California and of Douglas County, Washoe County and Carson City in
Nevada, the executive officer of the Lahontan Regional Water Quality
Control Board of the State of California, the executive officer of
the Air Resources Board of the State of California, the Director of
the State Department of Conservation and Natural Resources of the
State of Nevada, the Administrator of the Division of Environmental
Protection in the State Department of Conservation and Natural
Resources of the State of Nevada, the Administrator of the Lake Tahoe
Management Unit of the United States Forest Service, and at least
four lay members with an equal number from each state, at least half
of whom shall be residents of the region. Any official member may
designate an alternate.
The term of office of each lay member of the advisory planning
commission shall be 2 years. Members may be reappointed.
The position of each member of the advisory planning commission
shall be considered vacated upon loss of any of the qualifications
required for appointment, and in such an event the appointing
authority shall appoint a successor.
The advisory planning commission shall elect from its own members
a chairman and a vice chairman, whose terms of office shall be 2
years and who may be reelected. If a vacancy occurs in either office,
the advisory planning commission shall fill such vacancy for the
unexpired term.
A majority of the members of the advisory planning commission
constitutes a quorum for the transaction of the business of the
commission. A majority vote of the quorum present shall be required
to take action with respect to any matter.
(i) The agency shall establish and maintain an office within the
region, and for this purpose the agency may rent or own property and
equipment. Every plan, ordinance and other record of the agency which
is of such nature as to constitute a public record under the law of
either the State of California or the State of Nevada shall be opened
to inspection and copying during regular office hours.
(j) Each authority charged under this compact or by the law of
either state with the duty of appointing a member of the governing
body of the agency shall by certified copy of its resolution or other
action notify the Secretary of State of its own state of the action
taken.
ARTICLE IV. PERSONNEL
(a) The governing body shall determine the qualification of, and
it shall appoint and fix the salary of, the executive officer of the
agency, and shall employ such other staff and legal counsel as may be
necessary to execute the powers and functions provided for under
this compact or in accordance with any intergovernmental contracts or
agreements the agency may be responsible for administering.
(b) Agency personnel standards and regulations shall conform
insofar as possible to the regulations and procedures of the civil
service of the State of California or the State of Nevada, as may be
determined by the governing body of the agency; and shall be regional
and bistate in application and effect; provided that the governing
body may, for administrative convenience and at its discretion,
assign the administration of designated personnel arrangements to an
agency of either state, and provided that administratively convenient
adjustments be made in the standards and regulations governing
personnel assigned under intergovernmental agreements.
(c) The agency may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate to
afford employees of the agency terms and conditions of employment
similar to those enjoyed by employees of California and Nevada
generally.
ARTICLE V. PLANNING
(a) In preparing each of the plans required by this article and
each amendment thereto, if any, subsequent to its adoption, the
planning commission after due notice shall hold at least one public
hearing which may be continued from time to time, and shall review
the testimony and any written recommendations presented at such
hearing before recommending the plan or amendment. The notice
required by this subdivision shall be given at least 20 days prior to
the public hearing by publication at least once in a newspaper or
combination of newspapers whose circulation is general throughout the
region and in each county a portion of whose territory lies within
the region.
The planning commission shall then recommend such plan or
amendment to the governing body for adoption by ordinance. The
governing body may adopt, modify or reject the proposed plan or
amendment, or may initiate and adopt a plan or amendment without
referring it to the planning commission. If the governing body
initiates or substantially modifies a plan or amendment, it shall
hold at least one public hearing thereon after due notice as required
in this subdivision.
If a request is made for the amendment of the regional plan by:
(1) A political subdivision a part of whose territory would be
affected by such amendment; or
(2) The owner or lessee of real property which would be affected
by such amendment, the governing body shall complete its action on
such amendment within 180 days after such request is accepted as
complete according to standards which must be prescribed by ordinance
of the agency.
(b) The agency shall develop, in cooperation with the States of
California and Nevada, environmental threshold carrying capacities
for the region. The agency should request the President's Council on
Environmental Quality, the United States Forest Service and other
appropriate agencies to assist in developing such environmental
threshold carrying capacities. Within 18 months after the effective
date of the amendments to this compact, the agency shall adopt
environmental threshold carrying capacities for the region.
(c) Within 1 year after the adoption of the environmental
threshold carrying capacities for the region, the agency shall amend
the regional plan so that, at a minimum, the plan and all of its
elements, as implemented through agency ordinances, rules and
regulations, achieves and maintains the adopted environmental
threshold carrying capacities. Each element of the plan shall contain
implementation provisions and time schedules for such implementation
by ordinance. The planning commission and governing body shall
continuously review and maintain the regional plan. The regional plan
shall consist of a diagram, or diagrams, and text, or texts setting
forth the projects and proposals for implementation of the regional
plan, a description of the needs and goals of the region and a
statement of the policies, standards and elements of the regional
plan.
The regional plan shall be a single enforceable plan and include
all of the following correlated elements:
(1) A land use plan for the integrated arrangement and general
location and extent of, and the criteria and standards for, the uses
of land, water, air, space and other natural resources within the
region, including but not limited to, an indication or allocation of
maximum population densities and permitted uses.
(2) A transportation plan for the integrated development of a
regional system of transportation, including but not limited to
parkways, highways, transportation facilities, transit routes,
waterways, navigation facilities, public transportation facilities,
bicycle facilities, and appurtenant terminals and facilities for the
movement of people and goods within the region. The goal of
transportation planning shall be:
(A) To reduce dependency on the automobile by making more
effective use of existing transportation modes and of public transit
to move people and goods within the region.
(B) To reduce to the extent feasible air pollution which is caused
by motor vehicles.
Where increases in capacity are required, the agency shall give
preference to providing such capacity through public transportation
and public programs and projects related to transportation. The
agency shall review and consider all existing transportation plans in
preparing its regional transportation plan pursuant to this
paragraph.
The plan shall provide for an appropriate transit system for the
region.
The plan shall give consideration to:
(A) Completion of the Loop Road in the States of Nevada and
California;
(B) Utilization of a light rail mass transit system in the south
shore area; and
(C) Utilization of a transit terminal in the Kingsbury Grade area.
Until the regional plan is revised, or a new transportation plan
is adopted in accordance with this paragraph, the agency has no
effective transportation plan.
(3) A conservation plan for the preservation, development,
utilization, and management of the scenic and other natural resources
within the basin, including but not limited to, soils, shoreline and
submerged lands, scenic corridors along transportation routes, open
spaces, recreational and historical facilities.
(4) A recreation plan for the development, utilization, and
management of the recreational resources of the region, including but
not limited to, wilderness and forested lands, parks and parkways,
riding and hiking trails, beaches and playgrounds, marinas, areas for
skiing and other recreational facilities.
(5) A public services and facilities plan for the general
location, scale and provision of public services and facilities,
which, by the nature of their function, size, extent and other
characteristics are necessary or appropriate for inclusion in the
regional plan.
In formulating and maintaining the regional plan, the planning
commission and governing body shall take account of and shall seek to
harmonize the needs of the region as a whole, the plans of the
counties and cities within the region, the plans and
planning activities of the
state, federal and other public agencies and nongovernmental
agencies and organizations which affect or are concerned with
planning and development within the region.
(d) The regional plan shall provide for attaining and maintaining
federal, state, or local air and water quality standards, whichever
are strictest, in the respective portions of the region for which the
standards are applicable.
The agency may, however, adopt air or water quality standards or
control measures more stringent than the applicable state
implementation plan or the applicable federal, state, or local
standards for the region, if it finds that such additional standards
or control measures are necessary to achieve the purposes of this
compact. Each element of the regional plan, where applicable, shall,
by ordinance, identify the means and time schedule by which air and
water quality standards will be attained.
(e) Except for the Regional Transportation Plan of the California
Tahoe Regional Planning Agency, the regional plan, ordinances, rules
and regulations adopted by the California Tahoe Regional Planning
Agency in effect on July 1, 1980, shall be the regional plan,
ordinances, rules and regulations of the Tahoe Regional Planning
Agency for that portion of the Tahoe region located in the State of
California. Such plan, ordinance, rule or regulation may be amended
or repealed by the governing body of the agency. The plans,
ordinances, rules and regulations of the Tahoe Regional Planning
Agency that do not conflict with, or are not addressed by, the
California Tahoe Regional Planning Agency's plans, ordinances, rules
and regulations referred to in this subdivision shall continue to be
applicable unless amended or repealed by the governing body of the
agency. No provision of the regional plan, ordinances, rules and
regulations of the California Tahoe Regional Planning Agency referred
to in this subdivision shall apply to that portion of the region
within the State of Nevada, unless such provision is adopted for the
Nevada portion of the region by the governing body of the agency.
(f) The regional plan, ordinances, rules and regulations of the
Tahoe Regional Planning Agency apply to that portion of the region
within the State of Nevada.
(g) The agency shall adopt ordinances prescribing specific written
findings that the agency must make prior to approving any project in
the region. These findings shall relate to environmental protection
and shall insure that the project under review will not adversely
affect implementation of the regional plan and will not cause the
adopted environmental threshold carrying capacities of the region to
be exceeded.
(h) The agency shall maintain the data, maps and other information
developed in the course of formulating and administering the
regional plan, in a form suitable to assure a consistent view of
developmental trends and other relevant information for the
availability of and use by other agencies of government and by
private organizations and individuals concerned.
(i) Where necessary for the realization of the regional plan, the
agency may engage in collaborative planning with local governmental
jurisdictions located outside the region, but contiguous to its
boundaries. In formulating and implementing the regional plan, the
agency shall seek the cooperation and consider the recommendations of
counties and cities and other agencies of local government, of state
and federal agencies, of educational institutions and research
organizations, whether public or private, and of civic groups and
private persons.
ARTICLE VI. AGENCY'S POWERS
(a) The governing body shall adopt all necessary ordinances,
rules, and regulations to effectuate the adopted regional plan.
Except as otherwise provided in this compact, every such ordinance,
rule or regulation shall establish a minimum standard applicable
throughout the region. Any political subdivision or public agency may
adopt and enforce an equal or higher requirement applicable to the
same subject of regulation in its territory. The regulations of the
agency shall contain standards including but not limited to the
following: water purity and clarity; subdivision; zoning; tree
removal; solid waste disposal; sewage disposal; landfills,
excavations, cuts and grading; piers, harbors, breakwaters or
channels and other shoreline developments; waste disposal in
shoreline areas; waste disposal from boats; mobilehome parks; house
relocation; outdoor advertising; flood plain protection; soil and
sedimentation control; air pollution; and watershed protection.
Whenever possible without diminishing the effectiveness of the
regional plan, the ordinances, rules, regulations and policies shall
be confined to matters which are general and regional in application,
leaving to the jurisdiction of the respective states, counties and
cities the enactment of specific and local ordinances, rules,
regulations and policies which conform to the regional plan.
The agency shall prescribe by ordinance those activities which it
has determined will not have substantial effect on the land, water,
air, space or any other natural resources in the region and therefore
will be exempt from its review and approval.
Every ordinance adopted by the agency shall be published at least
once by title in a newspaper or combination of newspapers whose
circulation is general throughout the region. Except an ordinance
adopting or amending the regional plan, no ordinance shall become
effective until 60 days after its adoption. Immediately after its
adoption, a copy of each ordinance shall be transmitted to the
governing body of each political subdivision having territory within
the region.
(b) No project other than those to be reviewed and approved under
the special provisions of subdivisions (d), (e), (f) and (g) may be
developed in the region without obtaining the review and approval of
the agency and no project may be approved unless it is found to
comply with the regional plan and with the ordinances, rules and
regulations enacted pursuant to subdivision (a) to effectuate that
plan.
The agency may approve a project in the region only after making
the written findings required by this subdivision or subdivision (g)
of Article V. Such findings shall be based on substantial evidence in
the record.
Before adoption by the agency of the ordinances required in
subdivision (g) of Article V, the agency may approve a project in the
region only after making written findings on the basis of
substantial evidence in the record that the project is consistent
with the regional plan then in effect and with applicable plans,
ordinances, regulations and standards of federal and state agencies
relating to the protection, maintenance and enhancement of
environmental quality in the region.
(c) The Legislatures of the States of California and Nevada find
that in order to make effective the regional plan as revised by the
agency, it is necessary to halt temporarily works of development in
the region which might otherwise absorb the entire capability of the
region for further development or direct it out of harmony with the
ultimate plan. Subject to the limitation provided in this
subdivision, from the effective date of the amendments to this
compact until the regional plan is amended pursuant to subdivision
(c) of Article V, or until May 1, 1983, whichever is earlier:
(1) Except as otherwise provided in this paragraph, no new
subdivision, planned unit development, or condominium project may be
approved unless a complete tentative map or plan has been approved
before the effective date of the amendments to this compact by all
agencies having jurisdiction. The subdivision of land owned by a
general improvement district, which existed and owned the land before
the effective date of the amendments to this compact, may be
approved if subdivision of the land is necessary to avoid insolvency
of the district.
(2) Except as provided in paragraph (3), no apartment building may
be erected unless the required permits for such building have been
secured from all agencies having jurisdiction, prior to the effective
date of the amendments to this compact.
(3) During each of the calendar years 1980, 1981, and 1982 no city
or county may issue building permits which authorize the
construction of a greater number of new residential units within the
region than were authorized within the region by building permits
issued by that city or county during calendar year 1978. For the
period of January through April, 1983 building permits authorizing
the construction of no more than 1/3 of that number may be issued by
each such city or county. For purposes of this paragraph a
"residential unit" means either a single family residence or an
individual residential unit within a larger building, such as an
apartment building, a duplex or a condominium.
The Legislatures find the respective numbers of residential units
authorized within the region during calendar year 1978 to be as
follows:
1. City of South Lake Tahoe and El
Dorado County 252
(combined)..............................
2. Placer County........................ 278
3. Carson City.......................... 0
4. Douglas County....................... 339
5. Washoe County........................ 739
(4) During each of the calendar years 1980, 1981 and 1982, no city
or county may issue building permits which authorize construction of
a greater square footage of new commercial buildings within the
region than were authorized within the region by building permits for
commercial purposes issued by that city or county during the
calendar year 1978. For the period of January through April, 1983
building permits authorizing the construction of no more than 1/3 the
amount of that square footage may be issued by each such city or
county.
The Legislatures find the respective square footages of commercial
buildings authorized within the region during calendar year 1978 to
be as follows:
1. City of South Lake Tahoe and El
Dorado County 64,324
(combined)............................
2. Placer County...................... 23,000
3. Carson City........................ 0
4. Douglas County..................... 57,354
5. Washoe County...................... 50,600
(5) No structure may be erected to house gaming under a
nonrestricted license.
(6) No facility for the treatment of sewage may be constructed or
enlarged except:
(A) To comply, as ordered by the appropriate state agency for the
control of water pollution, with existing limitations of effluence
under the Clean Water Act, 33 U.S.C. S1251 et seq., and the
applicable state law for control of water pollution; or
(B) To accommodate development which is not prohibited or limited
by this subdivision; or
(C) In the case of Douglas County Sewer District #1, to modify or
otherwise alter sewage treatment facilities existing on the effective
date of the amendments to this compact so that such facilities will
be able to treat the total volume of effluence for which they were
originally designed which is 3.0 mgd. Such modification or alteration
is not a "project"; is not subject to the requirements of Article
VII; and does not require a permit from the agency. Before commencing
such modification or alternative, however, the district shall submit
to the agency its report identifying any significant soil erosion
problems which may be caused by such modifications or alterations and
the measures which the district proposes to take to mitigate or
avoid such problems.
The moratorium imposed by this subdivision does not apply to work
done pursuant to a right vested before the effective date of the
amendments to this compact. Notwithstanding the expiration date of
the moratorium imposed by this subdivision, no new highway may be
built or existing highway widened to accommodate additional
continuous lanes for automobiles until the regional transportation
plan is revised and adopted.
The moratorium imposed by this subdivision does not apply to the
construction of any parking garage which has been approved by the
agency prior to May 4, 1979, whether that approval was affirmative or
by default. The provisions of this paragraph are not an expression
of legislative intent that any such parking garage, the approval of
which is the subject of litigation which was pending on the effective
date of the amendments to this compact, should, or should not, be
constructed. The provisions of this paragraph are intended solely to
permit construction of such a parking garage if judgment sustaining
the agency's approval to construct that parking garage has become
final and no appeal is pending or may lawfully be taken to a higher
court.
(d) Subject to the final order of any court of competent
jurisdiction entered in litigation contesting the validity of an
approval by the Tahoe Regional Planning Agency, whether that approval
was affirmative or by default, if that litigation was pending on May
4, 1979, the agency and the States of California and Nevada shall
recognize as a permitted and conforming use:
(1) Every structure housing gaming under a nonrestricted license
which existed as a licensed gaming establishment on May 4, 1979, or
whose construction was approved by the Tahoe Regional Planning Agency
affirmatively or deemed approved before that date. The construction
or use of any structure to house gaming under a nonrestricted license
not so existing or approved, or the enlargement in cubic volume of
any such existing or approved structure is prohibited.
(2) Every other nonrestricted gaming establishment whose use was
seasonal and whose license was issued before May 4, 1979, for the
same season and for the number and type of games and slot machines on
which taxes or fees were paid in the calendar year 1978.
(3) Gaming conducted pursuant to a restricted gaming license
issued before May 4, 1979, to the extent permitted by that license on
that date. The area within any structure housing gaming under a
nonrestricted license which may be open to public use (as distinct
from that devoted to the private use of guests and exclusive of any
parking area) is limited to the area existing or approved for public
use on May 4, 1979. Within these limits, any external modification of
the structure which requires a permit from a local government also
requires approval from the agency. The agency shall not permit
restaurants, convention facilities, showrooms or other public areas
to be constructed elsewhere in the region outside the structure in
order to replace areas existing or approved for public use on May 4,
1979.
(e) Any structure housing licensed gaming may be rebuilt or
replaced to a size not to exceed the cubic volume, height and land
coverage existing or approved on May 4, 1979, without the review or
approval of the agency or any planning or regulatory authority of the
State of Nevada whose review or approval would be required for a new
structure.
(f) The following provisions apply to any internal or external
modification, remodeling, change in use, or repair of a structure
housing gaming under a nonrestricted license which is not prohibited
by subdivision (d):
(1) The agency's review of an external modification of the
structure which requires a permit from a local government is limited
to determining whether the external modification will do any of the
following:
(A) Enlarge the cubic volume of the structure;
(B) Increase the total square footage of area open to or approved
for public use on May 4, 1979;
(C) Convert an area devoted to the private use of guests to an
area open to public use;
(D) Increase the public area open to public use which is used for
gaming beyond the limits contained in paragraph (3); and
(E) Conflict with or be subject to the provisions of any of the
agency's ordinances that are generally applicable throughout the
region.
The agency shall make this determination within 60 days after the
proposal is delivered to the agency in compliance with the agency's
rules or regulations governing such delivery unless the applicant has
agreed to an extension of this time limit. If an external
modification is determined to have any of the effects enumerated in
subparagraphs (A) through (C), it is prohibited. If an external
modification is determined to have any of the effects enumerated in
subparagraphs (D) or (E), it is subject to the applicable provisions
of this compact. If an external modification is determined to have no
such effect, it is not subject to the provisions of this compact.
(2) Except as provided in paragraph (3), internal modification,
remodeling, change in use or repair of a structure housing gaming
under a nonrestricted license is not a project and does not require
the review or approval of the agency.
(3) Internal modification, remodeling, change in use or repair of
areas open to the public use within a structure housing gaming under
a nonrestricted license which alone or in combination with any other
such modification, remodeling, change in use or repair will increase
the total portion of those areas which are used for gaming by more
than the product of the total base area, as defined below, in square
feet existing on or approved before August 4, 1980, multiplied by 15
percent constitutes a project and is subject to all of the provisions
of this compact relating to projects. For purposes of this paragraph
and the determination required by subdivision (g), base area means
all of the area within a structure housing gaming under a
nonrestricted license which may be open to public use, whether or not
gaming is actually conducted or carried on in that area, except
retail stores, convention centers and meeting rooms, administrative
offices, kitchens, maintenance and storage areas, rest rooms,
engineering and mechanical rooms, accounting rooms and counting
rooms.
(g) In order to administer and enforce the provisions of
subdivisions (d), (e) and (f), the State of Nevada, through its
appropriate planning or regulatory agency, shall require the owner or
licensee of a structure housing gaming under a nonrestricted license
to provide:
(1) Documents containing sufficient information for the Nevada
agency to establish the following relative to the structure:
(A) The location of its external walls;
(B) Its total cubic volume;
(C) Within its external walls, the area in square feet open or
approved for public use and the area in square feet devoted to or
approved for the private use of guests on May 4, 1979;
(D) The amount of surface area of land under the structure; and
(E) The base area as defined in paragraph (3) of subdivision (f)
in square feet existing on or approved before August 4, 1980.
(2) An informational report whenever any internal modification,
remodeling, change in use, or repair will increase the total portion
of the areas open to public use which is used for gaming.
The Nevada agency shall transmit this information to the Tahoe
Regional Planning Agency.
(h) Gaming conducted pursuant to a restricted gaming license is
exempt from review by the agency if it is incidental to the primary
use of the premises.
(i) The provisions of subdivisions (d) and (e) are intended only
to limit gaming and related activities as conducted within a gaming
establishment, or construction designed to permit the enlargement of
such activities, and not to limit any other use of property zoned for
commercial use or the accommodation of tourists, as approved by the
agency.
(j) Legal actions arising out of or alleging a violation of the
provisions of this compact, of the regional plan or of an ordinance
or regulation of the agency or of a permit or a condition of a permit
issued by the agency are governed by the following provisions:
(1) This subdivision applies to:
(A) Actions arising out of activities directly undertaken by the
agency.
(B) Actions arising out of the issuance to a person of a lease,
permit, license or other entitlement for use by the agency.
(C) Actions arising out of any other act or failure to act by any
person or public agency.
Such legal actions may be filed and the provisions of this
subdivision apply equally in the appropriate courts of California and
Nevada and of the United States.
(2) Venue lies:
(A) If a civil or criminal action challenges an activity by the
agency or any person which is undertaken or to be undertaken upon a
parcel of real property, in the state or federal judicial district
where the real property is situated.
(B) If an action challenges an activity which does not involve a
specific parcel of land (such as an action challenging an ordinance
of the agency), in any state or federal court having jurisdiction
within the region.
(3) Any aggrieved person may file an action in an appropriate
court of the State of California or Nevada or of the United States
alleging noncompliance with the provisions of this compact or with an
ordinance or regulation of the agency. In the case of governmental
agencies, "aggrieved person" means the Tahoe Regional Planning Agency
or any state, federal or local agency. In the case of any person
other than a governmental agency who challenges an action of the
Tahoe Regional Planning Agency, "aggrieved person" means any person
who has appeared, either in person, through an authorized
representative, or in writing, before the agency at an appropriate
administrative hearing to register objection to the action which is
being challenged, or who had good cause for not making such an
appearance.
(4) A legal action arising out of the adoption or amendment of the
regional plan or of any ordinance or regulation of the agency, or
out of the granting or denial of any permit, shall be commenced
within 60 days after final action by the agency. All other legal
actions shall be commenced within 65 days after discovery of the
cause of action.
(5) In any legal action filed pursuant to this subdivision which
challenges an adjudicatory act or decision of the agency to approve
or disapprove a project, the scope of judicial inquiry shall extend
only to whether there was prejudicial abuse of discretion.
Prejudicial abuse of discretion is established if the agency has not
proceeded in a manner required by law or if the act or decision of
the agency was not supported by substantial evidence in light of the
whole record. In making such a determination the court shall not
exercise its independent judgment on evidence but shall only
determine whether the act or decision was supported by substantial
evidence in light of the whole record. In any legal action filed
pursuant to this subdivision which challenges a legislative act or
decision of the agency (such as the adoption of the regional plan and
the enactment of implementing ordinances), the scope of the judicial
inquiry shall extend only to the questions of whether the act or
decision has been arbitrary, capricious or lacking substantial
evidentiary support or whether the agency has failed to proceed in a
manner required by law.
(6) The provisions of this subdivision do not apply to any legal
proceeding pending on the date when this subdivision becomes
effective. Any such legal proceeding shall be conducted and concluded
under the provisions of law which were applicable prior to the
effective date of this subdivision.
(7) The security required for the issuance of a temporary
restraining order or preliminary injunction based upon an alleged
violation of this compact or any ordinance, plan, rule or regulation
adopted pursuant thereto is governed by the rule or statute
applicable to the court in which the action is brought unless the
action is brought by a public agency or political subdivision to
enforce its own rules, regulations and ordinances in which case no
security shall be required.
(k) The agency shall monitor activities in the region and may
bring enforcement actions in the region to ensure compliance with the
regional plan and adopted ordinances, rules, regulations and
policies. If it is found that the regional plan, or ordinances,
rules, regulations and policies are not being enforced by a local
jurisdiction, the agency may bring action in a court of competent
jurisdiction to ensure compliance.
(l) Any person who violates any provision of this compact or of
any ordinance or regulation of the agency or of any condition of
approval imposed by the agency is subject to a civil penalty not to
exceed five thousand dollars ($5,000). Any such person is subject to
an additional civil penalty not to exceed five thousand dollars
($5,000) per day, for each day on which such a violation persists. In
imposing the penalties authorized by this subdivision, the court
shall consider the nature of the violation and shall impose a greater
penalty if it was willful or resulted from gross negligence than if
it resulted from inadvertence or simple negligence.
(m) The agency is hereby empowered to initiate, negotiate and
participate in contracts and agreements among the local governmental
authorities of the region, or any other intergovernmental contracts
or agreements authorized by state or federal law.
(n) Each intergovernmental contract or agreement shall provide for
its own funding and staffing, but this shall not preclude financial
contributions from the local authorities concerned or from
supplementary sources.
(o) Every record of the agency, whether public or not, shall be
open for examination to the Legislature and Controller of the State
of California and the Legislative Auditor of the State of Nevada.
(p) Approval by the agency of any project expires 3 years after
the date of final action by the agency or the effective date of the
amendments to this compact, whichever is later, unless construction
is begun within that time and diligently pursued thereafter, or the
use or activity has commenced. In computing the 3-year period any
period of time during which the project is the subject of a legal
action which delays or renders impossible the diligent pursuit of
that project shall not be counted. Any license, permit or certificate
issued by the agency which has an expiration date shall be extended
by that period of time during which the project is the subject of
such legal action as provided in this subdivision.
(q) The governing body shall maintain a current list of real
property known to be available for exchange with the United States or
with other owners of real property in order to facilitate exchanges
of real property by owners of real property in the region.
ARTICLE
VII. ENVIRONMENTAL IMPACT STATEMENTS
(a) The Tahoe Regional Planning Agency when acting upon matters
that have a significant effect on the environment shall:
(1) Utilize a systematic, interdisciplinary approach which will
insure the integrated use of the natural and social sciences and the
environmental design arts in planning and in decisionmaking which may
have an impact on man's environment;
(2) Prepare and consider a detailed environmental impact statement
before deciding to approve or carry out any project. The detailed
environmental impact statement shall include the following:
(A) The significant environmental impacts of the proposed project;
(B) Any significant adverse environmental effects which cannot be
avoided should the project be implemented;
(C) Alternatives to the proposed project;
(D) Mitigation measures which must be implemented to assure
meeting standards of the region;
(E) The relationship between local short-term uses of man's
environment and the maintenance and enhancement of long-term
productivity;
(F) Any significant irreversible and irretrievable commitments of
resources which would be involved in the proposed project should it
be implemented; and
(G) The growth-inducing impact of the proposed project;
(3) Study, develop and describe appropriate alternatives to
recommended courses of action for any project which involves
unresolved conflicts concerning alternative uses of available
resources;
(4) Make available to states, counties, municipalities,
institutions and individuals, advice and information useful in
restoring, maintaining and enhancing the quality of the region's
environment; and
(5) Initiate and utilize ecological information in the planning
and development of resource-oriented projects.
(b) Prior to completing an environmental impact statement, the
agency shall consult with and obtain the comments of any federal,
state or local agency which has jurisdiction by law or special
expertise with respect to any environmental impact involved. Copies
of such statement and the comments and views of the appropriate
federal, state and local agencies which are authorized to develop and
enforce environmental standards shall be made available to the
public and shall accompany the project through the review processes.
The public shall be consulted during the environmental impact
statement process and views shall be solicited during a public
comment period not to be less than 60 days.
(c) Any environmental impact statement required pursuant to this
article need not repeat in its entirety any information or data which
is relevant to such a statement and is a matter of public record or
is generally available to the public, such as information contained
in an environmental impact report prepared pursuant to the California
Environmental Quality Act or a federal environmental impact
statement prepared pursuant to the National Environmental Policy Act
of 1969. However, such information or data shall be briefly described
in the environmental impact statement and its relationship to the
environmental impact statement shall be indicated.
In addition, any person may submit information relative to a
proposed project which may be included, in whole or in part, in any
environmental impact statement required by this article.
(d) In addition to the written findings specified by agency
ordinance to implement the regional plan, the agency shall make
either of the following written findings before approving a project
for which an environmental impact statement was prepared:
(1) Changes or alterations have been required in or incorporated
into such project which avoid or reduce the significant adverse
environmental effects to a less than significant level; or
(2) Specific considerations, such as economic, social or
technical, make infeasible the mitigation measures or project
alternatives discussed in the environmental impact statement on the
project.
A separate written finding shall be made for each significant
effect identified in the environmental impact statement on the
project. All written findings must be supported by substantial
evidence in the record.
(e) The agency may charge and collect a reasonable fee from any
person proposing a project subject to the provisions of this compact
in order to recover the estimated costs incurred by the agency in
preparing an environmental impact statement under this article.
(f) The agency shall adopt by ordinance a list of classes of
projects which the agency has determined will not have a significant
effect on the environment and therefore will be exempt from the
requirement for the preparation of an environmental impact statement
under this article. Prior to adopting the list, the agency shall make
a written finding supported by substantial evidence in the record
that each class of projects will not have a significant effect on the
environment.
ARTICLE VIII. FINANCES
(a) On or before September 30 of each calendar year the agency
shall establish the amount of money necessary to support its
activities for the next succeeding fiscal year commencing July 1 of
the following year. The agency shall apportion seventy-five thousand
dollars ($75,000) of this amount among the counties within the region
on the same ratio to the total sum required as the full cash
valuation of taxable property within the region in each county bears
to the total full cash valuation of taxable property within the
region. In addition, each county within the region in California
shall pay eighteen thousand seven hundred fifty dollars ($18,750) to
the agency and each county within the region in Nevada, including
Carson City, shall pay twelve thousand five hundred dollars ($12,500)
to the agency, from any funds available therefor. The State of
California and the State of Nevada may pay to the agency by July 1,
of each year any additional sums necessary to support the operations
of the agency pursuant to this compact. If additional funds are
required, the agency shall make a request for the funds to the States
of California and Nevada. Requests for state funds must be
apportioned two-thirds from California and one-third from Nevada.
Money appropriated shall be paid within 30 days.
(b) The agency may fix and collect reasonable fees for any
services rendered by it.
(c) The agency shall submit an itemized budget to the states for
review with any request for state funds, shall be strictly
accountable to any county in the region and the states for all funds
paid by them to the agency and shall be strictly accountable to all
participating bodies for all receipts and disbursement.
(d) The agency is authorized to receive gifts, donations,
subventions, grants, and other financial aids and funds; but the
agency may not own land except as provided in subdivision (i) of
Article III.
(e) The agency shall not obligate itself beyond the moneys due
under this article for its support from the several counties and the
states for the current fiscal year, plus any moneys on hand or
irrevocably pledged to its support from other sources. No obligation
contracted by the agency shall bind either of the party states or any
political subdivision thereof.
ARTICLE IX. TRANSPORTATION DISTRICT
(a) The Tahoe Transportation District is hereby established as a
special purpose district authorized and operating under the federal
authority provided by Public Law 96-551. The boundaries of the
district are conterminous with those of the region as established
under Public Law 96-551 for the Tahoe Regional Planning Agency.
(b) The business of the district shall be managed by a board of
directors consisting of the following members:
(1) One member of the Board of Supervisors of each of the Counties
of El Dorado and Placer appointed by the respective board of
supervisors.
(2) One member of the City Council of South Lake Tahoe appointed
by the city council.
(3) One member each of the Board of County Commissioners of
Douglas County and Washoe County appointed by the respective board of
county commissioners.
(4) One member of the Board of Supervisors of Carson City
appointed by the board of supervisors.
(5) One member of the South Shore Transportation Management
Association, or its successor organization, appointed by the
association.
(6) One member of the North Shore Transportation Management
Association, or its successor organization, appointed by the
association.
(7) One member of each local transportation district in the region
that is authorized by the State of Nevada or the State of
California.
(8) One member appointed by a majority of the other voting
directors who represents a public or private transportation system
operating in the region.
(9) The Director of the Department of Transportation of the State
of California.
(10) The Director of the Department of Transportation of the State
of Nevada.
(c) Any appointing authority may designate an alternate.
(d) Before a member is appointed pursuant to paragraph (7) of
subdivision (b), the local transportation district of which the
person is a member and the Tahoe Transportation District shall agree
in writing on the allocation of fiscal and policy responsibilities
between the two entities, including, but not limited to, the
distribution of revenue.
(e) The Director of the Department of Transportation of the State
of California and the Director of the Department of Transportation of
the State of Nevada shall serve as nonvoting directors, but shall
provide technical and professional advice to the district as
necessary and appropriate.
(f) The affirmative vote of at least a majority of the directors
shall be required for the transaction of any business of the board of
directors. If a majority of votes in favor of an action are not
cast, an action of rejection shall be deemed to have been taken.
(g) The district may by resolution establish procedures for the
adoption of its budgets, the appropriation of money, and the carrying
on of its other financial activities. Those procedures shall conform
insofar as is practicable to the procedures for financial
administration of the State of California or the State of Nevada or
one or more of the local governments in the district.
(h) The district may, in accordance with its adopted
transportation plan, do all of the following:
(1) Own and operate a public transportation system to the
exclusion of all other publicly owned transportation systems in the
region.
(2) Own and operate support facilities for public or private
transportation systems, including, but not limited to, parking lots,
maintenance facilities, terminals, and related equipment, including
revenue collection devices.
(3) Acquire and enter into agreements to operate upon mutually
acceptable terms any public or private transportation system or
facility within the region.
(4) Hire the employees of existing public transportation systems
that are acquired by the district, without loss of benefits to the
employees, bargain collectively with the employees, and extend
pension and other collateral benefits to employees.
(5) Fix the rates and charges for