AgdaPkt 2013-05-06 - Laserfiche WebLink

Browse Search

7.A. - Page 2 below. Uncertainty remained regarding the action and/or recommendations that these agencies would take and how that would affect the viability of the Project, even if approved by the City. The Applicant and Appellant agreed to continue the matter, which the Council did on January 28, 2013. The City Council continued the matter to this date in order to afford the Applicant sufficient time to provide clarity regarding the SLC leases and the ability of the Applicant to use the outer marina as a marina serving the Project residents only. This report provides an update since the matter was continued and a recommendation on how next to proceed. ANALYSIS The Applicant subsequently prepared modifications and clarifications to the Project that address issues raised by SLC and BCDC as well as by the Appellant. First, the Applicant continued its discussions with SLC regarding the two leases that apply to the outer marina: (1) the Small State Lease (PRC 6857), which applies to a portion of the outer marina generally to the west of the existing restaurant, and (2) the Large State Lease (PRC 6856), which is for a portion of the outer marina in front of the restaurant and protruding towards and into Redwood Creek. The leases (issued in 1984 for a 49 year term), allow for commercial and ancillary uses. The Applicant sought to resolve issues related to the leases, principally whether the leases permit the use of the slips to be restricted to Project residents. Since the City Council continued its consideration of the Application, the Applicant has proposed to resolve the foregoing by modifying the Project such that the Large State Lease would remain as a commercial marina, with 90 slips available for rent by the public and residents of the Project. Second, BCDC's Design Review Board (an advisory body) encouraged the Applicant to improve public access by adding a "hand-launch boat dock" in lieu of existing boat slips and a water trail access dock. Per Erik Buehmann's email correspondence to Blake Lyon: "For your information, BCDC, and the Design Review Board, strongly encourages the inclusion of the proposed water trail access for hand-launch boats, as is proposed in the Pete's Harbor public access proposal." The Applicant seeks to implement this recommendation. However, Staff is informed that the BCDC Commission itself will not actually consider the proposal until after the Applicant has received the discretionary approvals from the City. (Refer to Attachments 6 and 7, Letter from BCDC to SLC (March 14, 2013) and Email correspondence to Blake Lyon from Erik Buehmann, (January 22, 2013).) The Applicant has revised its Project accordingly, including proposing to retain 90 slips for lease to the public or residents of the Project, to add the hand-launch boat dock, to eliminate approximately 35 of the existing 263 slips, and to add 46 parking spaces (equivalent of one-half space for each of the 90 slips in the commercial marina). The Project otherwise remains as previously proposed in October 2012. Subsequent to the City Council's continuation of this project in January, staff remained in contact with State Lands Commission (SLC) staff to assure proper coordination between the SLC and the City. Grace Kato, SLC staff, posed both environmental and project-related questions to City staff.