To the community,

SnowGlobe appears to be following the letter of their contract with the city of South Lake Tahoe with the possible exception of holding an after party in Bijou Park. They have also generated revenue for local businesses, employed local residents and donated to local charities. What is not apparent are the current and existing city, county and TRPA plans and regulations which are being ignored and not enforced outside the existing exemption employed by the City of South Lake Tahoe.

When the city of South Lake Tahoe negotiated this event, they entered into the contract the standard exemption (a temporary activity permit) which in theory would allow the city to exempt SnowGlobe from having to meet the normal noise regulations, including those required by the TRPA under the existing MOU between the City and TRPA. (Project Description[1])

Unfortunately, the City did not realize that this MOU has defined limits.  TRPA requires the city to meet existing requirements for the exemption to apply.  These requirements include not holding events that are contrary to existing community plans and which meet defined noise restrictions.

(see the following current TRPA Ordinances[2])

The city established a Bijou/Al Tahoe Community Plan in October of 1995 and has amended this plan as recently as September 2010. In this plan there are defined goals for the use and development of the area described.  The plan describes developing the area as a family friendly residential area. It also includes limits to allowable noise levels as a means of meeting these defined goals. (see following from the Community Plan[3])

The MOU between the TRPA and the city of South Lake Tahoe clearly states that if a violation is discovered, the city must immediately notify the TRPA and take appropriate actions. Unfortunately, it is the city itself that may be violating the requirements of TRPA’s temporary activity permit. Ironically, the city appears to not have reported their violation or the violations of SnowGlobe with respect to TRPA’s existing noise limits or the limits defined in the established Bijou/Al Tahoe Community Plan.
(MOU violation requirements[4])

The issues become further complicated when we add the city boundaries into the equation. The city exemptions apply within city limits but require an exemption with El Dorado County for areas that are unincorporated.  The houses behind STPUD, along Black Bart and directly adjacent to the SnowGlobe venue are unincorporated. The County also has noise restrictions for these areas and we have found no evidence of any exemptions having been filed with El Dorado County. Residents would be within their right to file a complaint if noise levels went above defined levels.

(El Dorado Noise Regulation[5])

Despite having an exemption to city noise regulations, the city of South Lake Tahoe is likely violating TRPA noise requirements for a temporary activity permit as defined by the MOU between the TRPA and the city of South Lake Tahoe. The city is also not following the established noise limits defined in the Bijou/Al Tahoe Community Plan.  Finally, the city is likely violating El Dorado County noise restrictions. None of the existing regulations allows for loud sounds above ~60 dBs after 10pm and El Dorado County limits sound after 5pm on federal holidays and weekends.

If the city continues with the existing contract with SnowGlobe, they will likely be violating local regulations (as they have these past seven years). Should they proceed with the contract as it is currently written, the city risks being sued by SnowGlobe for breach of contract if either the TRPA or El Dorado County elect to enforce existing noise regulations. If the city does elect to renegotiate the contract, they will need to either meet the existing regulations with lower decibel (dB) levels and earlier sound cut-off times or arrange to exempt the SnowGlobe event from TRPA noise limits, county noise limits and the city’s own community plan. Immediately ending the contract may be the easier choice for the city of South Lake Tahoe as the 2018 event will violate these existing regulations as things currently stand. Even if the contract can be renegotiated, it is unlikely SnowGlobe will be able to lower sound levels and shut down earlier given existing contracts they likely have with their artists. 

Scott Ramirez, South Lake Tahoe