The Legal Situation

The legal basis for the proposed marina expansion rest mainly in a very old document, the first environmental impact report for the development of Treasure Island generally.  That document was certified and approved back in 2005.

However, a lot has changed in the 11 years since 2005. Sailing in the Cove has exploded the intervening years as Bay Area sailors discovered the gem that, prior, had been hidden behind the Navy Station's perimeter.  The annual Dragon Boat Festival started up in 2006, and is now attended by 40,000+ every year. 

That may explain why the developers behind the marina like to give the impression that the marina was somehow included in a much more recent planning process that culminated in a new EIR for Treasure Island in 2011.  The problem is - the marina wasn't included.  In fact it was explicitly excluded.  Not that facts seem to stop the developers.  You can watch marina developer Jay Wallace here at a recent TIDA board meeting deliver a series of statements that are so counterfactual it's hard not to call the outright lies, including his claim that the marina was included in the 2011 EIR and was "litigated fully up to the Supreme Court." Cut to 5:25 in the video to watch his address. Listening to his presentation one has to wonder if he realized he was being recorded. 


Chapter 2 from the 2011 Final EIR  addresses the question of the marina expansion.  That chapter sets forth text that explicitly excludes the Marina from the scope of the 2011 EIR update, in particular the text on pages 9 and 10.  The key excerpt is this: "The Marina Project waterside improvements are not part of the Proposed Project and are therefore analyzed only as part of the cumulative scenario in this EIR.”  The full text of that passage can be viewed at the very bottom below.  Aside from this exclusion, there is essentially no other significant discussion of the marina in the EIR.

Ironically, at the time of the 2011 EIR update there was already strong public concern about the negative impact of the marina expansion on Cove use, particularly of the impact on TISC programs. But the Final 2011 EIR explicitly rejected consideration of those impacts by deeming them as outside the scope of the EIR update.

Prior to finalization of the 2011 EIR update, public comments were submitted by San Francisco Planning Commissioner Kathrin Moore, criticizing the lack of any information regarding the impact of the marina expansion on the current users of the Cove, particularly the programs of the Treasure Island Sailing Center.  The final EIR dismissed those comments by noting: "The analysis of recreational resources is focused on new facilities in the Proposed Project. The Clipper Cove Marina is an existing facility, and its expansion is not part of the Proposed Project. Expansion of the Marina was analyzed in the 2005 Final EIR, as explained in EIR Chapter II, Description, on pp. II.9-II.10. The expansion of the Marina is considered in cumulative analyses where appropriate (e.g., transportation – see Note 2 in Table IV.E.4: Person-Trip Generation by Land Use, in EIR Section IV.E, Transportation, p. IV.E.58), but is not part of the recreational facilities proposed to be developed as part of the Proposed Project.” [Final EIR, Volume 3, Chapter IX, section 2.12, page 6)

In reviewing all this, it's pretty clear the Marina was NOT included in the 2011 EIR update. And, importantly, early concerns about the marina expansion were ignored.   That's fine, as long as that 2011 EIR isn't used to defend the marina expansion now.  Developers may be used to having their cake and eating it, too.  But that doesn't make it right.

Treasure Island Redevelopment Project Final EIR
Chapter 2

Clipper Cove Marina Project
TIDA has entered into an Exclusive Negotiating Agreement and endorsed a Development Plan
with Treasure Island Enterprises, LLC, for redevelopment and expansion of the Clipper Cove
Marina (the “Marina Project”). The Marina Project was analyzed in the Transfer and Reuse of
Naval Station Treasure Island Final Environmental Impact Report, which was certified in 2005,10
but to date has not been approved by TIDA.

The Marina Project, as described in the 2005 EIR, included both landside and waterside
improvements. The landside improvements are no longer being pursued as part of that project,
and thus are no longer pending. The waterside improvements, approval of which is still pending,
consist of phased demolition of the existing 100 boat berths, new construction of 400 boat berths,
and a floating breakwater/public pier, and dredging.

The Proposed Project’s landside improvements along Clipper Cove would serve either the
existing marina or the Marina Project’s waterside improvements in the event that the expansion
from 100 slips to 400 slips is approved. These landside improvements include restrooms, laundry
facilities, and other improvements that are designed to serve marina tenants as well as the existing
Treasure Island Sailing Center, a separate facility that also uses Clipper Cove. All of these
proposed landside improvements are part of the proposed Development Program and are
therefore analyzed in this EIR. If the Proposed Project is approved, these landside improvements
would be constructed regardless of whether the marina is expanded. The Marina Project
waterside improvements are not part of the Proposed Project and are therefore analyzed only as
part of the cumulative scenario in this EIR.

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  • Bohun Kinloch
    followed this page 2016-09-10 11:55:24 -0700