FEIS - Tahoe Regional Planning Agency
FEIS - Tahoe Regional Planning Agency
FEIS - Tahoe Regional Planning Agency
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RESPONSE TO COMMENTS ON THE DEIS<br />
B o u l d e r B a y C o m m u n i t y E n h a n c e m e n t P r o g r a m P r o j e c t E I S<br />
The DEIS does not state that California consent is required to the extent that the<br />
Proposed Project conflicts with “any” of the previous Mariner Agreements. As stated<br />
above, the State of California is not a signatory to the 2001 agreement between the<br />
former land owner and TRPA. Page 4.1-28 of the DEIS states, “The proposed<br />
amendment to the <strong>Tahoe</strong> Mariner Settlement Agreement must be approved and<br />
signed by TRPA and the State of California to reflect the change in open space deed<br />
restrictions to allow for the TRPA approval of Alternative C.” Page 4.1-33 includes<br />
the same statement for Alternative D. Discussions of the Settlement Agreement in<br />
Chapters 2 and 4.1 refer to the terms established in the existing agreement, not the<br />
previous agreements that are no longer valid. For the State of California, the most<br />
recent agreement signed by the State (1996) remains valid, not the portions of the<br />
1981 or 1984 agreements superseded by the 1996 amendment as discussed in<br />
Appendix M of the DEIS. Consent from the State of California will result in<br />
complete validity of the proposed amendment to the agreement and voids the 1996<br />
agreement, resulting in an accurate account of property owners and uses onsite.<br />
Comment 322-ib: Comment Summary - DEIS does not specify the development rights that have been<br />
transferred off the Site. The handlings of residual transfers is not addressed.<br />
DEIS Appendix D documents the remaining development rights located within the<br />
project area. The proposed transfer of ERUs and TAUs is analyzed in Chapter 4.1,<br />
Land Use.<br />
Comment 322-ic: Comment Summary - DEIS does not clearly address the transfers or the use of<br />
conversions that have occurred. Are TAUS and ERUS restricted from being<br />
transferred onto and designated less than Class 4?<br />
Please see response to comment 322-fk. The transfer of TAUs and ERUs is<br />
discussed on page 4.1-27 of the DEIS. Section 34.4 of the TRPA Code of<br />
Ordinances states that the receiving parcel be land Class 4 capability or greater unless<br />
certain provisions are met for land coverage reduction, restoration, and other actions<br />
as described on page 4.1-27 of the DEIS. Because Alternative C meets the<br />
requirements of the provisions, units can be transferred to lower capability LCD<br />
classes.<br />
Comment 322-id: Comment Summary - DEIS does not adequately address the environmental effects of<br />
the proposed development compared to the effects of the development currently<br />
allowed on the Mariner site.<br />
Please see response to comment 322-hx.<br />
Comment 322-ie: Comment Summary - "Community Center" implies many trips into and out of the<br />
project by community members. Without a guaranteed source of funding for transit<br />
operations and bike and pedestrian path maintenance, there will be no greater<br />
variety of transportation options than now.<br />
The CEP goal of creating Community Centers is to “Enhance community character in<br />
town and tourist centers”. Crystal Bay is designated as a tourist center in the NSCP.<br />
As noted in the Project description in Chapter 2 of the DEIS, Alternative C and<br />
Alternative D propose a mix of tourist uses on site. Implementation of the proposed<br />
Alternative Transportation Program outlined in TRANS-5 will become a condition of<br />
project approval in the event either of these Alternatives are approved by TRPA.<br />
Please see responses to comments 54 and 137-h regarding the requirements to<br />
describe funding for project components and mitigation measures.<br />
PAGE 8- 126 HAUGE BRUECK ASSOCIATES SEPTEMBER 8 , 2010