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Home My Public Portal AboutPublic Comment #11 (Sierra Club) August 12, 2013 Jenna Endres Associate Planner Truckee Town Hall 10183 Truckee Airport Road Truckee CA 96161 RE: Proposed Tahoe Donner Beach Club Marina Project & Undisclosed Event Center Dear Ms. Endres: We have reviewed the proposed changes to the Tahoe Donner Association’s [TDA] Marina Expansion project and undisclosed event center. The reduced logging and proposed water pollution controls are a modest improvement, but as disclosed at the last public hearing, the applicant is trying to circumvent existing zoning and development code rules to permit an event center. The applicant has not provided evidence these events are permitted.1 Nor have the impacts from these member and commercial events, along with the noise, traffic, congestion, light pollution, water pollution and impacts to surrounding neighbors and the State Park, been disclosed. Existing and previous zoning and development code provisions and existing permit provisions do not allow events at this site zoned private residential recreation. To circumvent Planning Staff commercial use criterion, Tahoe Donner provided the Planning Commission a litany of events they have been holding in violation of their existing state2 and local permit conditions. The series of CEQA exemptions for this 1 TDA General Manager Robb Etnyre testimony and submittal to Town of Truckee. “Events have gone on for 20 years, including large scale events of 100-plus people…”See page 9 of April 16, 2013 minutes. 2 TDA’s existing State Lands permit does not allow commercial events. http://archives.slc.ca.gov/Meeting_Summaries/2010_Documents/12-10-10/Items_and_Exhibits/C36.pdf And TDA’s 1974 lease provisions: Provision 13: [Rules and Regulations]] one can see the lease requires TDA to “observe and comply with all rules and regulations now or hereafter promulgated by any agency of the State of California and…at all times take necessary precautions to prevent pollutions and contamination of the environment …. “Any modifications of natural or existing features of the real property described in this lease, including but not limited to the removal of timber and other flora, which are inconsistent with the authorized uses under this lease are expressly prohibited without the prior written August 12, 2013 2 project have never analyzed these event impacts. The Mitigated Negative Declaration for the proposed project does not analyze impacts from these unpermitted and undisclosed member and commercial events. Nor does it analyze the increased, lighting, traffic and other impacts of such events. The Tahoe Donner Association asserts that, because they have gotten away with violating their existing permit conditions, they should be allowed to continue these violations without environmental review and mitigation. This would be a clear violation of the California Environmental Quality Act. This pattern of rolling over past violations and sometimes paying fines seems to be a pattern and practice of the Tahoe Donner Association. In 2010, TDA paid the State Lands Commission penalties for trespass for the expansion of the unpermitted swimming area.3 Absent from that trespass and environmental exemption was analysis and assessment of the impacts from filling in the beach parcel APN 18-340-08, almost doubling its size and rip rapping the shoreline. [See attached Exhibit 1]. The impacts to foraging fish and raptors that feed along these shorelines has not been disclosed or mitigated. State Fish and Wildlife Permits and Clean Water Act permits allowing this discharge into Donner Lake have not been provided. As noted at the April 16th Planning Commission hearing, the proposal to triple the size of the eating area and removal of the lower lawn area, which is used by families, non- motorized boats and paddle boards to access the lake, will create a safety hazard and increase traffic congestion on Donner Pass Road. Existing conditions already create backup and congestion. Reducing the lake access to a 12-foot lane for two vehicles to pass adjacent pedestrians does not allow sufficient space for 8-9 foot-wide power boat trailers and tow vehicles.4 Over 1,000 people on peak days, along with their power boats, sail boats, kayaks, paddle boards, and windsurfers, will be constrained into a 16 foot wide access (a 12-foot vehicle lane and a 4-foot pedestrian lane). If this project proceeds, a full environmental impact statement needs to be completed so the public and commission determine the impacts of this proposed project and the cumulative impacts to Donner Lake, the surrounding neighbors, community and Donner Lake Memorial State Park. In conclusion, permit conditions, along with zoning and development code provisions that prohibit disturbance of 30% slopes, preserve native vegetation and control water runoff and pollution, need to be strictly enforced. Condition 26, limiting commercial and TDA member events to ten people needs to be adopted and violations of existing permits vigorously enforced. Less environmentally damaging alternatives exist for providing ADA access without logging the site and excavating and filling the upper picnic area, which will likely cause harm to remaining trees and impact survival. We support the no action alternative because this project is excessive. We urge the Planning Commission to require full environmental review so the existing and cumulative impacts of this facility consent of the Lessor;..” Provision 14, “….In no event does this lease authorize construction or excavation activity which causes disturbance of any kind in the waters of Donner Lake.” 3 http://archives.slc.ca.gov/Meeting_Summaries/2010_Documents/12-10-10/Voting_Record.pdf 4 John Black, developer, “Access is 16 or 17 feet at the narrowest area; four to five feet will be striped for pedestrians, leaving a minimum 12-foot lane for vehicles to pass adjacent to pedestrians.” Page 5 Minutes April 16, 2013 Town of Truckee Planning Commission Meeting. #$%$&'!(")!"*(+!!!!!+! and its unpermitted uses will finally receive adequate review. Because this project proposal is so similar to previous ones, most of our previous comments still apply and we adopt them by reference. The latest applicant response is an affront to the planning process and local zoning requirements, especially after two meetings and over six hours of public hearing. Nevertheless, we appreciate the time and effort the Planning Commission and staff have spent on this project. We thank you again for your service and your vigilance in trying to protect the natural and scenic values of such an incredibly fragile high alpine lake as Donner Lake. -.&/.0'1$223!&$456''.7)! !894!#:7.;&9:)!<=>6;!?>=9.!#;.>!@6.;;>!<2$4!! County Assessor Map until 2010 showed APN 18-340-08 as .267 acres 1998 State Lands Non Commercial Lease TDA Marina-No Swimming Float or Area Included, native trees protected. No rock and fill shown in Donner Lake along swim area and boat ramp.—Town of Truckee & Nevada County Conditional Use Permit did not permit beach expansion and discharge of material to Donner Lake. No Clean Water Act or California Fish and Wildlife Permits TDA Marina Boundary Line Changes and Adjustments Recorded in 2010—Rock Rip Rap Added to Donner Lake Shoreline around 2004—Parcel 18-340-08 is Doubled in Size By Filling in Donner Lake and Adding Rock. No permits located. [.267 to .544 acres]