HomeMy Public PortalAboutPublic Comment #10 (Martin - Addendum)
John N. Martin, Ph.D.
P.O. Box 9536
14909 Northwood Blvd
Truckee, CA
March 30, 2013
TO: Town of Truckee Planning Commission
FROM: John N. Martin, 14909 Northwoods Blvd, Truckee, CA
RE: Tahoe Donner Revised Plans 2/15/13, and the Definition of Commercial Activity
I have been following the public comment to the Marina Project Resubmission, and I would like
to add a further remark to my letter of March 16. It concerns the definition of "commercial activity." It
clear to all, except perhaps the Tahoe Donner Board, that the site should not be used for commercial
activity, and that the Town of Truckee should not approve extended uses for commercial activity. The
problem I would like to address is that, in this case, the concept of "commercial activity" is slippery. At
one extreme would be events that clearly count as commercial and should be excluded. Renting out the
site to corporations for conferences would be an example. At the other extreme are activities that are
clearly non-commercial. Examples would include activities connected with boating and swimming
available at no cost to Tahoe Donner members. The definition of commercial activity, however, cannot
simply be a commercial transaction, like the imposition of a charge for goods or services, because Tahoe
Donner already imposes various charges for the use of the Marina and for purchases there. There is a
"use" charge each time a member uses the Marina for boating or swimming, and an extra charge when a
member brings guests. In addition, the snack bar, which is all ready in place, charges members and
guests for purchases of food and drink. Tahoe Donner also imposes a charge on groups who reserve the
picnic area on the beach and the grassy area on the hill for picnics, and there is an annual fee for the
rental of kayak storage spots. If the Planning Commission does decide to prohibit commercial activity, it
will have to be quite precise about which activities fall under the prohibition. In my opinion, what the
Planning Commission needs to do is to prohibit not commercial activity tout court, but any activity,
commercial and otherwise, that is not ancillary to boating, swimming and, perhaps, picnicking – uses for
which the area is approved.