FEIS - Tahoe Regional Planning Agency

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 Letter 286 – Morkner Brown, Christina, North Tahoe Preservation Alliance,
02/03/2010
Comment 286-a: Comment Summary - Alt. C will cause a significant increase in the density, mass and
height of buildings. Height exceeds TRPA and NSCP limits (42 and 38 feet,
respectively) and requires a code amendment. There will be a significant increase in
units. Square footage increases from 110,000 to 475,000.
The density of Alternative C is consistent with TRPA Code of Ordinances Chapter 21
and the NSCP. Proposed building heights exceeds limits currently allowed in TRPA
Code Chapter 22. The Project includes a proposed Code Chapter 22 amendment that
would allow for the consideration of building height included in Alternative C.
Analysis provided in DEIS Chapter 4.5 concludes that proposed building heights
would not result in significant impacts. However, if the proposed Code Chapter 22
amendment is not adopted, proposed building heights would have to be revised to
meet existing or amended regulations. Alternative E includes building designs that
meet existing limits in Code Chapter 22. There are no additional restrictions with
regards to height in the NSCP.
Comment 286-b: Comment Summary - What authorizes TRPA to amend the Code for one project to
allow multiple buildings to exceed current TRPA height limitations?
The TRPA Rules of Procedure authorize TRPA to amend the Code of Ordinances if
appropriate submissions and environmental documentation are provided and a public
hearing is held. Article IV Section 4.8 of the TRPA Rules of Procedure states:
“Consideration of Plan and Ordinance Amendment Requests: Proposals for
ordinances and amendments may be made by TRPA or other interested persons or
entities, including public interest groups and government agencies. For proposals
which the Executive Director deems appropriate for submission to the Board, the
Executive Director shall cause the appropriate environmental documents to be
prepared and public hearings, where required, to be held.”
Amendments to the Code may be made through the procedure referenced above.
Between August 1987 and March 2010, 271 Ordinances have been passed that amend
various sections and subsections of the TRPA Code of Ordinances. Amendments to
Chapter 22 Height Standards have occurred since 1998 and as recently as January
2010. Many of these amendments were proposed along with a specific project.
The proposed amendment to Chapter 22 of the TRPA Code of Ordinances would
allow only Community Enhancement Projects within the North Stateline Community
Plan to receive additional height up to 75 feet subject to specific setback
requirements and finding requirements. This is an increase of 27 feet over what is
currently allowable for Tourist Accommodation uses pursuant to TRPA Code Section
22.4.B. An evaluation of the effect that the proposed amendments may have on the
scenic thresholds was completed as part of the Draft EIS. The evaluation reports that
there would be an improvement in the Scenic Travel Route Ratings of 1.5 points for
the Alternative C development proposal.
In context with the other Tourist Accommodation structures within the NSCP, the
current Tahoe Biltmore (to be demolished) is 76 ft tall and the Cal Neva is 122 ft tall
(located 825 ft from the Biltmore). The seven-story Brockway Springs condominium
tower (+90 ft tall) is located 2,700 ft from the Biltmore and is located on the shores
PAGE 8- 66 HAUGE BRUECK ASSOCIATES SEPTEMBER 8 , 2010