HomeMy Public PortalAboutPublic Comment #26 (Tahoe Area Sierra Club)
September 25, 2013
Jenna Endres
Associate Planner
Truckee Town Hall
10183 Truckee Airport Road
Truckee CA 96161
RE: Appeal Hearing Before the Truckee Town Council: Affirm the Planning Commission’s
Denial of the Proposed Tahoe Donner Marina Expansion Project & Undisclosed Event Center at
Donner Lake
Dear Ms. Endres:
The Tahoe Area Sierra Club applauds and fully supports the Town of Truckee Planning
Commissions’ unanimous decision to deny the proposed Tahoe Donner marina expansion
project. After two hearings, a site visit, and many hours of trying to work with the applicant to
obtain compliance with the Town of Truckee ordinances, the applicant’s obstinate pursuit of
waivers of Town codes and policies was properly denied.
This project has received unprecedented community and statewide opposition, with over 40
comment letters including California State Parks and California Fish and Wildlife. Over 100
petitioners opposed the project.
We have reviewed the latest proposed changes in the Tahoe Donner Association’s [TDA] appeal
of the denial of their Marina Expansion project and undisclosed event center. The reduced
logging and proposed water pollution controls are modest improvements, but as disclosed at the
last two public hearings, the applicant persists in trying to circumvent existing zoning and
development code rules in order to obtain a permit for an event and party center, segmenting the
project without proper environmental evaluation of the noise, traffic, congestion, parking and
light pollution impacts to surrounding residents and the Donner Lake Memorial State Park and
the public.1
1
http://www.tahoedonner.com/wordpress/wp-content/uploads/2012/09/Exhibit-A-Beach-Club-Marina-Master-
Plan.pdf
See also: Jan 2013 Handout G-Director-of-Capital-Projects-Report.pdf Attached.
September 25, 2013 2
The Planning Commission, after extensive deliberation, properly saw through the attempt by the
applicant to circumvent the Town of Truckee ordinances, general plan and development code
provisions and denied the project. 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 criteria, TDA provided the Planning
Commission a litany of events they claim they have been holding (in violation of their existing
state2 and local permit conditions)—essentially claiming that their success in getting by with past
violations now requires the Town to condone future violations. The series of CEQA exemptions
for this 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 simultaneous seeking of
forgiveness and permission would be an egregious 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. 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 and August 20th Planning Commission hearings, the tripling 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 16-17 foot lane will restrict boat launching access to one vehicle at a time.4 This
would increase the backup and congestion on Donner Pass Road and create unsafe conditions for
pedestrians sharing this access. Existing use of the facility by 40,000 people with over 1,000
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 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, TDA 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.
September 25, 2013 3
people on peak days5, along with their power boats, sail boats, kayaks, paddle boards, and
windsurfers, will be constrained.
Parking is limited to 38 spaces for the entire facility.6 Under the proposed project the expansion
of the lower terrace dining area would expand from seating 20 to over 92. Lighting would
include 20 ten-foot poles for a facility that purportedly operates during daylight hours. Once the
parking lot is full, cars channel back to Donner Pass Road in search of parking. This increased
congestion will compound the current traffic created by the over 200,000 users at the adjacent
state park and other recreation facilities that use Donner Pass Road.7 We agree with the
Planning Commissions’ determination that narrowing the access to the boat launch and beach is
not safe and will result in congestion impacts that need to be assessed and mitigated.
If TDA’s latest modified project proceeds, a full environmental impact statement must be
completed. The impacts of this project and the cumulative impacts to Donner Lake, the
surrounding neighbors, the Truckee community, and Donner Lake Memorial State Park should
not be brushed aside and this piecemeal approach allowed on Donner Lake, a vital and visible
public resource.
Permit conditions, along with zoning and development code provisions that prohibit disturbance
of 30% slopes, preserve native vegetation and control water runoff and pollution must be strictly
enforced. Commercial and member events need to be limited to ten people and violations of
existing permits vigorously enforced. Less environmentally damaging alternatives exist for
providing ADA access without logging the site and excavating and adding fill to the upper picnic
area, which will likely cause harm to remaining trees and impact survival.
We strongly support the Planning Commissioners decision and urge the Town Council to sustain
it, denying this appeal. The natural and scenic values of this fragile high alpine lake are at stake
and need your vigorous enforcement of local and state laws.
We appreciate the time and effort the Planning Commission and staff have spent on this project.
Respectfully submitted,
!
Bob Anderson, Chair
Tahoe Area Sierra Club
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
&!http://www.tahoedonner.com/wordpress/wp-content/uploads/2011/12/ANNUALREPORT_2012_web.pdf!!
6 Forrest Huisman TDA Environmental Application 18-340-06, 07, 08. 7-9-12. '!http://www.usbr.gov/mp/nepa/documentShow.cfm?Doc_ID=3015 In 1999, Truckee-Donner Recreation and Park
District--Total estimate, April through October: 108,640. Donner Memorial State Park: 200,000 visitors annually.
!
September 25, 2013 4
January 2013 Tahoe Donner Association Board Handout (G) Capital Projects Report Excerpt:
!
September 25, 2013 5
!
!