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 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 amendment is not adopted, Alternatives C and D would be inconsistent with building height regulations and would be considered a significant impact. Comment 332-ai: Comment Summary - Changes to the NSCP should be addressed under CEQA. Please see response to comment 286-ai. Changes to the NSCP are not proposed. An amendment to the TRPA Code of Ordinances Chapter 22 (Height) is proposed, but this will not result in an amendment to the NSCP, nor will it result in additional height on the California side of the NSCP. Comment 332-aj: Comment Summary - The EIS should clarify quantities of height, square footage, volume (massing and bulk) of the Alternatives. Building heights are provided in Table 4.5-4 of the DEIS. Please see response to comment 322-gx regarding building square footages. Comment 332-ak: Comment Summary - The shoreline score should consider visibility from the lake. Please see response to comment 322-hc. Comment 332-al: Comment Summary - The EIS should consider shadowing and night lighting impacts. Please see responses to comments 169 and 322-da. Comment 332-am: Comment Summary - Crystal Bay Motel removal should not count as scenic mitigation unless it is deed restricted to prevent new development. Removal of the Crystal Bay Motel is not a mitigation measure, but a scenic quality improvement or benefit of the proposed project development (Alternatives C and D). A deed restriction on the Crystal Bay Motel site is not currently identified as a project component or mitigation measure; however a variety of constraints exist for future development of the site. Constraints for future development under Alternative C include: 1) A TRPA permit would be required, which includes additional environmental review, 2) Alternative C utilizes the maximum density of the project area, so only commercial uses could be proposed on the Crystal Bay Motel site, and 3) Boulder Bay is proposing to permanently retire banked land coverage within the project area, so any future development on the Crystal Bay Motel site would require land coverage transfer. Comment 332-an: Comment Summary - Alt. C height calculations show flat roofs, but visual simulations show steeper roofs. The EIS needs to address this discrepancy in the height and visual impact analysis. Please see response to comment 322-cp. Comment 332-ao: Comment Summary - The EIS should describe and analyze a landscape plan with visual screening. Please see response to comment 322-hs. Comment 332-ap: Comment Summary - The EIS should provide an accounting of the sources and sizes of the sending and receiving TAUs and ERUs, and CFA conversions to TAUs. Please see response to comment 322-fg. Pages 4.1-23 and 4.1-24 of the DEIS provides a description and list of the Boulder Bay owned TAUs. Exact sizes of the purchased TAUs is not available, but is assumed that they averaged approximately 325 square feet per unit. PAGE 8- 138 HAUGE BRUECK ASSOCIATES SEPTEMBER 8 , 2010

RESPONSE TO COMMENTS ON THE DEIS 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 Comment 332-aq: Comment Summary - The EIS should quantify the sizes of sending and receiving TAUs and ERUs, and relate this to the analysis on energy use estimates. Energy use analysis needs to include all facility operations such as snow melting and accessory floor space uses, not just the units. The energy use analysis includes all areas and operations including outdoor fountains, underground garages, spa and wellness facilities, restaurants, food service, and non-occupancy spaces. Energy use and water consumption for sending TAUs and ERUs were based on average per unit use derived for the Biltmore and Crystal Bay Motel. Since the occupancy units are of a similar size and age, energy use per unit is similar. Comment 332-ar: Comment Summary - The EIS should consider impacts of a CFA to TAU conversion in the Basin, especially since there is a surplus of CFA and demand for TAUs. Please see response to comment 322-fg. Boulder Bay has decided to forgo the conversion of CFA into TAUs on the former Tahoe Mariner site. Comment 332-as: Comment Summary - The Project would be inconsistent with the NSCP by exceeding the TAU limit of 565 to 715 additional units. The limit expressed in the NSCP is only related to bonus units from a specific NSCP allocation pool. The ability to bring in other special project bonus units or transfer existing units is not subject to the NSCP limit. Please see response to comment 322ff. Comment 332-at: Comment Summary - The EIS needs to provide a clear, quantitative accounting in a chart and a map of the coverage calculations, parcel by parcel, of area, verified coverage, development rights, owner, Washoe County ROW. Appendix AD has been provided in the FEIS to provide land coverage calculations by parcel and public ROW area. Comment 332-au: Comment Summary - The EIS needs to clarify the discrepancy between 339,884 sf of coverage on p. 4.2-21 and App. D. 354,332 sf. Please see response to comment 322-ei. Comment 332-av: Comment Summary - Does not believe density calculations are accurate, and are based on a false interpretation of the Mariner Agreement, and use of lands outside the NSCP, Washoe County ROW, Crystal Bay Motel, and failure to use Category E. Please see responses to comments 108-b and 322-ds. Comment 332-aw: Comment Summary - The EIS summary Alternative comparison does not compare each project element for all Alternatives in the Summary Chapter. Alternative A and B should include the number of hotel units, parking spaces and gaming floor area as is included for Alternatives C, D, and E. The Summary Chapter should show the reduction in existing and certified gaming area, because the current method of reporting this information is misleading. The following text will be added to the Summary Chapter as follows (new text is Bolded and Underlined): Alternative A Alternative A consists of the following uses: 111 tourist accommodation units (hotel); 18,089 square feet of commercial floor area; 39,603 square feet of hotel SEPTEMBER 8 , 2010 HAUGE BRUECK ASSOCIATES PAGE 8- 139

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 />

amendment is not adopted, Alternatives C and D would be inconsistent with building<br />

height regulations and would be considered a significant impact.<br />

Comment 332-ai: Comment Summary - Changes to the NSCP should be addressed under CEQA.<br />

Please see response to comment 286-ai. Changes to the NSCP are not proposed. An<br />

amendment to the TRPA Code of Ordinances Chapter 22 (Height) is proposed, but<br />

this will not result in an amendment to the NSCP, nor will it result in additional<br />

height on the California side of the NSCP.<br />

Comment 332-aj: Comment Summary - The EIS should clarify quantities of height, square footage,<br />

volume (massing and bulk) of the Alternatives.<br />

Building heights are provided in Table 4.5-4 of the DEIS. Please see response to<br />

comment 322-gx regarding building square footages.<br />

Comment 332-ak: Comment Summary - The shoreline score should consider visibility from the lake.<br />

Please see response to comment 322-hc.<br />

Comment 332-al: Comment Summary - The EIS should consider shadowing and night lighting impacts.<br />

Please see responses to comments 169 and 322-da.<br />

Comment 332-am: Comment Summary - Crystal Bay Motel removal should not count as scenic<br />

mitigation unless it is deed restricted to prevent new development.<br />

Removal of the Crystal Bay Motel is not a mitigation measure, but a scenic quality<br />

improvement or benefit of the proposed project development (Alternatives C and D).<br />

A deed restriction on the Crystal Bay Motel site is not currently identified as a project<br />

component or mitigation measure; however a variety of constraints exist for future<br />

development of the site. Constraints for future development under Alternative C<br />

include: 1) A TRPA permit would be required, which includes additional<br />

environmental review, 2) Alternative C utilizes the maximum density of the project<br />

area, so only commercial uses could be proposed on the Crystal Bay Motel site, and<br />

3) Boulder Bay is proposing to permanently retire banked land coverage within the<br />

project area, so any future development on the Crystal Bay Motel site would require<br />

land coverage transfer.<br />

Comment 332-an: Comment Summary - Alt. C height calculations show flat roofs, but visual<br />

simulations show steeper roofs. The EIS needs to address this discrepancy in the<br />

height and visual impact analysis.<br />

Please see response to comment 322-cp.<br />

Comment 332-ao: Comment Summary - The EIS should describe and analyze a landscape plan with<br />

visual screening.<br />

Please see response to comment 322-hs.<br />

Comment 332-ap: Comment Summary - The EIS should provide an accounting of the sources and sizes<br />

of the sending and receiving TAUs and ERUs, and CFA conversions to TAUs.<br />

Please see response to comment 322-fg. Pages 4.1-23 and 4.1-24 of the DEIS<br />

provides a description and list of the Boulder Bay owned TAUs. Exact sizes of the<br />

purchased TAUs is not available, but is assumed that they averaged approximately<br />

325 square feet per unit.<br />

PAGE 8- 138 HAUGE BRUECK ASSOCIATES SEPTEMBER 8 , 2010

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