jonathan s. kitchen and nina hatvany, trustees of the jonathan s ...

CALENDAR ITEMC59A 1 04/26/13PRC 7937.1S 1 B. TerryCONSIDER ACCEPTANCE OF A QUITCLAIM DEEDAND ISSUANCE OF A GENERAL LEASE – RECREATIONAL USELESSEES:Jonathan S. Kitchen and Nina Hatvany, Trustees of the Jonathan S. Kitchen andNina Hatvany Declaration of Trust dated April 29, 1999APPLICANTS:Richard Kent Ledbetter II and Julie Rae Ledbetter, Trustees of the LedbetterRevocable Trust dated October 8, 2007AREA, LAND TYPE, AND LOCATION:Sovereign land in Lake Tahoe adjacent to 656 Olympic Drive, Tahoe City, PlacerCounty.AUTHORIZED USE:Continued use and maintenance of two existing mooring buoys.LEASE TERM:10 years, beginning August 10, 2012.CONSIDERATION:$754 per year, with the State reserving the right to fix a different rent periodicallyduring the lease term, as provided in the lease.SPECIFIC LEASE PROVISIONS:Insurance:Liability insurance in the amount of no less than $1,000,000.Other:The proposed lease contains a provision requiring the Applicants to obtainauthorization from the Tahoe Regional Planning Agency (TRPA) for themooring buoy within two years after the adoption of a Final EnvironmentalImpact Statement (FEIS) for the Lake Tahoe Shorezone OrdinanceAmendments and approval of the amended ordinances. This is acontinuation of the process the Commission used from approximately-1-

CALENDAR ITEM NO. C59 (CONT’D)1995 to October 2008 when TRPA adopted an FEIS and OrdinanceAmendments supported by the FEIS. In September 2010, the U.S. DistrictCourt invalidated the FEIS and nullified the Amendments. Whenadditional information is available, Commission staff will advise theCommission on any suggested modifications to the process used by theCommission pending resolution of the TRPA FEIS and amendedordinance issues.OTHER PERTINENT INFORMATION:1. Applicants own the upland adjoining the lease premises.2. On March 25, 2008, the Commission authorized a 10-year RecreationalPier Lease with Jonathan S. Kitchen and Nina Hatvany, Trustees of theJonathan S. Kitchen and Nina Hatvany Declaration of Trust dated April 29,1999. That lease will expire on November 30, 2016. On August 10, 2012,the upland parcel was deeded to Richard Kent Ledbetter II and Julie RaeLedbetter, Trustees of the Ledbetter Revocable Trust dated October 8,2007. Applicants are now applying for a new General Lease –Recreational Use. The Lessees requested termination of the lease andexecuted a Lease Quitclaim Deed. Staff is recommending acceptance ofthe Quitclaim Deed and issuance of a new lease to the Applicant.3. A pier is located adjacent to the upland parcel; however, the pier does notextend onto State fee-owned land waterward of the low water markelevation 6,223-feet, Lake Tahoe Datum. Therefore, the pier is notincluded in the authorized improvements in the lease.4. Acceptance of Quitclaim Deed: The staff recommends that theCommission find that the subject acceptance of quitclaim deed does nothave a potential for resulting in either a direct or a reasonably foreseeableindirect physical change in the environment, and is, therefore, not aproject in accordance with the California Environmental Quality Act(CEQA).Authority: Public Resources Code section 21065 and California Code ofRegulations, Title 14, sections 15060, subdivision (c)(3), and 15378.5. Issuance of Lease: The staff recommends that the Commission find thatthis activity is exempt from the requirements of CEQA as a categoricallyexempt project. The project is exempt under Class 1, Existing Facilities;California Code of Regulations, Title 2, section 2905, subdivision (a)(2).-2-

CALENDAR ITEM NO. C59 (CONT’D)Authority: Public Resources Code section 21084 and California Code ofRegulations, Title 14, section 15300 and California Code of Regulations,Title 2, section 2905.6. This activity involves lands identified as possessing significantenvironmental values pursuant to Public Resources Code section 6370 etseq., but such activity will not affect those significant lands. Based uponthe staff’s consultation with the persons nominating such lands andthrough the CEQA review process, it is the staff’s opinion that the project,as proposed, is consistent with its use classification.EXHIBITS:A. Land DescriptionB. Site and Location MapRECOMMENDED ACTION:It is recommended that the Commission:CEQA FINDING:Acceptance of Quitclaim Deed: Find that the subject acceptance ofquitclaim deed is not subject to the requirements of CEQA pursuant toCalifornia Code of Regulations, Title 14, section 15060, subdivision (c)(3),because the subject activity is not a project as defined by PublicResources Code section 21065 and California Code of Regulations, Title14, section 15378.Issuance of Lease: Find that the activity is exempt from the requirementsof CEQA pursuant to California Code of Regulations, Title 14, section15061 as a categorically exempt project, Class 1, Existing Facilities;California Code of Regulations, Title 2, section 2905, subdivision (a)(2).SIGNIFICANT LANDS INVENTORY FINDING:Find that this activity is consistent with the use classification designated bythe Commission for the land pursuant to Public Resources Code section6370 et seq.AUTHORIZATION:1. Authorize acceptance of a quitclaim deed effective August 9, 2012,of Lease No. PRC 7937.9, a Recreational Pier Lease, issued toJonathan S. Kitchen and Nina Hatvany, Trustees of the JonathanS. Kitchen and Nina Hatvany Declaration of Trust dated April 29,1999.-3-

CALENDAR ITEM NO. C59 (CONT’D)2. Authorize issuance of a General Lease – Recreational Use to RichardKent Ledbetter II and Julie Rae Ledbetter, Trustees of the LedbetterRevocable Trust, dated October 8, 2007, beginning August 10, 2012, for aterm of 10 years, for the continued use and maintenance of two existingmooring buoys, as described in Exhibit A and shown on Exhibit B (forreference purposes only) attached and by this reference made a parthereof; annual rent in the amount of $754 with the State reserving the rightto fix a different rent periodically during the least term, as provided in thelease; and liability insurance with coverage of no less than $1,000,000.-4-