Loch Lomond Marina Oversight Committee
Frequently Asked Questions (FAQs)
- With the marina redevelopment plans approved, what is the role of the Loch Lomond Marina Oversight Committee?
- What is included in the redevelopment plan for the marina site?
- Have all needed approvals been granted for redevelopment of the marina site?
- Why hasn't the redevelopment of the marina site started?
- When will the redevelopment begin?
- Who owns the Loch Lomond marina? Who worked with the city to move the project forward?
- Was the zoning changed at the marina site?
- Will the wetlands behind the grocery be retained after the development and will there be public access to it?
- Why has most of the vegetation been removed from the marina site? Wasn't this removal illegal?
- Is the marina site being maintained adequately while it waits for redevelopment? Who is currently responsible for the maintenance?
- Why are such thick layers of woodchips being placed at spots at the marina?
- Will the grocery store be allowed to remain on the site?
- Will the Loch Lomond Yacht Club continue to be at the marina and be able to use their clubhouse?
- Will the live-aboards be able to continue to live at the marina?
- What will happen to the boat storage and parking spaces for day-boaters rigs?
- When the development is completed, will we still have public access to the marina and waterfront or will it become private property?
- With the loss of Bobby's Fo’c’sle Café, will there ever be a restaurant again on the marina property?
- Even though Bayside Marin has relocated its facilities to downtown San Rafael, is it expected that they will become a tenant of the marina property after development?
- When will the breakwater levee be repaired?
Q1: With the marina redevelopment plans approved, what is the role of the Loch Lomond Marina Oversight Committee?
A: Currently the Marina Oversight Committee is keeping an eye on conditions at the site. We have worked with the city to get the cutting of trees behind the grocery market, whose removal was not in the plan, stopped and to get replacements planted. We have watched over the replacement areas and have finally gotten proper staking for the trees that had been leaning rather than growing upright. The city periodically sends us written communication about what is happening with the Marina site. Once redevelopment begins, the Committee will coordinate with the developers, contractors and the city to ensure that construction adheres to plans and that the impact of the construction process on the neighbors is minimized.
Q2: What is included in the redevelopment plan for the marina site?
A: The approved plan for The Village at Loch Lomond includes:
- 81 housing units (18 large detached single family homes, 16 detached smaller home 42 attached townhouses, and five condominiums
- 22,250 square feet for neighborhood commercial facilities (including a full-service grocery store and a small restaurant as well as space for the current neighborhood commercial uses)
- recreation areas along the shoreline ( including playgrounds, picnic areas, and, fishing stations)
- upland marina uses (a yacht club building, harbormaster's office, boat repair and maintenance building, marina boat launch, parking for day-boat trucks and trailers, dry boat storage), and the existing 517 boat berths with 52 of the total authorized for liveaboard use.
There are plans to keep on the site most of the businesses and dental offices currently there. The Bayside Marin Rehabilitation Center has relocated in downtown San Rafael.
Q3: Have all needed approvals been granted for redevelopment of the marina site?
A: All of the ‘discretionary’ city approvals for the site have been completed and authorized. What this means is that the project has been granted all of the basic approvals to ‘entitle’ or ‘vest’ the project with 81 residential units, market, etc. (See details under the question above). Some city approvals are still outstanding including:
- The approval of a Final Subdivision Map, which will include the approval of final CC&Rs (Conditions, Covenants, and Restrictions). This approval requires City Council action, but is a ‘ministerial’ decision. What this means is that so long as the Final Subdivision Map complies with all of the conditions of approval that were granted by the City Council in August 2007, the Council must accept and approve the map and CC&R's before it is recorded with the County of Marin.
- The formation of a Mello Roos Assessment District. One of the conditions of approval requires that an assessment district be formed to create a taxing entity to fund long-term maintenance of the marina green and publicly accessible park areas. This district would comprise the residences and businesses in The Village at Loch Lomond Marina. The formation of this district requires the approval of the City Council, which includes a public hearing.
- Approval of a grading permit and building permits, which are reviewed and approved by the Department of Public Works and Building Division. Like the Final Map process, these permits are reviewed to ensure they are consistent with the approved plans and required conditions of approval. If they are incomplete, the developer/builder is given a list of items to correct and resubmit before the permits are issued. The completeness review and permit process is administrative in nature and does not involve notification to neighbors or a public review process.
Q4: Why hasn't the redevelopment of the marina site started?
A: The slowdown in the economy appears to have stalled redevelopment of the site. Because of widespread adverse economic conditions, the State passed legislation to extend the entitlements of already-entitled projects for one year. This pushed the expiration date for the Marina project permits and entitlements to August 10, 2010. The State has subsequently approved another extension for two more years, so that the expiration date for the Marina project entitlements could be August 10, 2012. However, the City of San Rafael has yet to act on this new extension.
Q5: When will the redevelopment begin?
A: The current owners have no plans to redevelop the site themselves. The site continues to be for sale, but there are no buyers at this time. At one point before the economic slowdown, there was a potential buyer from Colorado, but after doing due diligence, this buyer withdrew.
Q6: Who owns the Loch Lomond marina? Who worked with the city to move the project forward?
A: Oaktree Capital of Los Angeles is the development company that owns the marina site and many other properties. For financing, money lending and banking reasons, each property that is owned is generally held in what is referred to as a limited partnership or limited liability corporation (LLC). The limited partnership can include other stakeholders or shareholders in the ownership of the land. The San Rafael Marina LLC was set up for the Loch Lomond Marina site ownership. This approach is pretty common with development companies that own land. In the event a project gets litigated or the project goes bankrupt, the exposure is limited to this partnership entity rather than the greater Oaktree Capital entity.
Thompson/Dorfman Partners, LLC of Sausalito were hired to develop the plans and obtain the entitlements. David Israel of BAR was the architect. Landscape architecture work was done by The Guzzardo Partnership of San Francisco. Subsequently, Oaktree Capital replaced Thompson/Dorfman Partners with Real Estate Strategies and Solutions, Inc., a company headquartered in Emeryville.
Q7: Was the zoning changed at the marina site?
A: Yes, zoning changes were made when the City upgraded its General Plan in 2005 (General Plan 2020 or GP2020) at which time the property was zoned PD (Planned Development District). This was done specifically to encourage a comprehensive development plan process for the site. Within GP2020, Section NH-118 defines the various areas within the property as to what can be done there. What the City did in the marina review process it ‘amend’ this PD District zoning to incorporate the approval of the project Development Plan, which authorizes the specific uses, their location and development cap. PD Districts are unique in that they are required for sites that are greater than 5 acres and have complicated site conditions. PD Districts are also used for projects that propose a mix of uses and they encourage clustering to protect site resources such as wetlands. As an alternate option, the City could have divided the site up into several separate ‘conventional’ zoning districts (such as the R5 or R10 Districts applied to the Loch Lomond neighborhood, or NC [Neighborhood Commercial], but this direction would not have accomplished nor provide, the ability to achieve a comprehensive development plan for the entire site. An important thing to keep in mind is that unlike ‘conventional’ zoning which is approved in perpetuity, since a PD District is linked to the approval of a site specific Development Plan, it has a time limit. If all of the other project approvals that were granted lapse or expire, the Development Plan approval also lapses/expires over time. If this should occur, the PD District would need to be ‘amended’ again to approve a new Development Plan.
Q8: Will the wetlands behind the grocery be retained after the development and will there be public access to it?
A: The wetlands behind the grocery market will be retained but there will not be public access into the wetlands in order to protect the wildlife. There will be a path along the edge of the wetlands for use by the public.
Q9: Why has most of the vegetation been removed from the marina site? Wasn't this removal illegal?
A: The vegetation was cut in anticipation of a sale to a buyer from Colorado. Removal of trees and vegetation is part of the approved plan in order to allow for surcharge and fill to raise the level of the land in the housing area above the flood plain. The timing of the removal of vegetation was required to avoid nesting season in order to protect birds. The owners cut at a non-nesting time so that the anticipated new owner could begin the fill procedure right away. The sale fell through after the cutting had been done.
Unfortunately, during the vegetation removal, an area behind Andy's Market that was not supposed to be cut, suffered vegetation removal. The city in consultation with some residents of Bayside Acres helped to facilitate planning to rectify the situation. Replacement planting of trees and other vegetation has been done, but considerable growth will be needed before the vegetation is able to function as a screen.
Q10: Is the marina site being maintained adequately while it waits for redevelopment? Who is currently responsible for the maintenance?
A: The harbor master, Pat Lopez, oversees the maintenance of the site. There have been periodic efforts to keep dust down as it has become more problematic since the removal of vegetation. There has been some filling of pothole on the roads.
Q11: Why are such thick layers of woodchips being placed at spots at the marina?
A: The woodchips may be an attempt to prevent weed growth. Weeds, however, are still growing at the edges of the mulched areas. Some neighbors have expressed concern that a very thick piling up of mulch may present a fire hazard during dry weather.
Q12: Will the grocery store be allowed to remain on the site?
A: Andy's Neighborhood Market has a lease until 2013. Of course, the store needs to generate enough business to keep running. Under the approved redevelopment plan, the grocery will move into a new location close to the yacht club building. The plan is to have the store at its present location close one day and reopen at its new location the next day.
Q13: Will the Loch Lomond Yacht Club continue to be at the marina and be able to use their clubhouse?
A: The approved plans include updating of the Yacht Club building, and parking for Yacht Club use is included in the parking plan.
Q14: Will the live-aboards be able to continue to live at the marina?
A: The BCDC marina permit authorizes 52 of the 517 berths for liveaboard use.
Q15: What will happen to the boat storage and parking spaces for day-boaters rigs?
A: The approved plan includes parking spaces for the trucks and trailers of day-boat users of the marina. The space is on the west side of the property close to the launch ramp. The Master Use Permit for the project approves a required 27 vehicle + trailer (day use) parking spaces, but the Development Plan actually identified 35 spaces. Sixteen dry dock boat storage spaces are required in the marina parking lot. If, after the monitoring of parking over a two-year period the day use parking demand exceeds supply, these dry dock boat storage spaces are to be converted to eight day use (vehicle + trailer) spaces.
Q16: When the development is completed, will we still have public access to the marina and waterfront or will it become private property?
A: The waterfront remains private property as it has always been (i.e., privately-owned rather than city-owned). The approved plan, however, calls for a public access overlay on the waterfront as well as numerous improvements for public use, including playgrounds, benches, picnic tables, fishing areas, a fish cleaning station, and a handicap-accessible surfaced path on the breakwater levee. The property owners at the site will be responsible for the maintenance of the public area.
Q17: With the loss of Bobby's Fo’c’sle Café, will there ever be a restaurant again on the marina property?
A: The approved plans call for a restaurant of approximately 800 square feet. The structure for the restaurant will be attached to the existing yacht club building. It will include an outdoor seating area as well as indoor seating. By the way, Bobby's is now on 1617 Fourth St. (415-454-4444).
Q18: Even though Bayside Marin has relocated its facilities to downtown San Rafael, is it expected that they will become a tenant of the marina property after development?
A: During the pre-approval discussions, the developers indicated that Bayside Marin would not be a part of the redeveloped marina site. Bayside Marin is not among those tenants currently negotiating or having negotiated lease terms for space after construction is completed.
Q19: When will the breakwater levee be repaired?
A: When the redevelopment plan is implemented, there will be significant changes to the breakwater including repairs to the levee itself, installation of a wide, surfaced path, benches, fishing stations, a fish cleaning station, a bird watching station, etc.