On Thursday, October 20, 2016, the Bay Conservation and Development Commission’s (BCDC) Enforcement Committee held a public hearing on a proposed agreement to rectify some 24 violations of BCDC regulations and permits related to the Loch Lomond Marina development. The agreement, called the Stipulated Cease and Desist and Civil Penalty Order CCD 2016.04, includes several actions required of the developer, Marina Village Associates, Inc (MVA), to rectify these violations.
The Coalition’s Marina Committee co-chairs, Alan Schaevitz and Sara Jensen, attended this hearing and each gave a presentation. In addition, the City of San Rafael’s Directors of the Community Development and Public Works Departments issued a joint letter to BCDC regarding these issues. Presentation notes and the S.R. letter can be found on the Speaker’s Notes and S.R. Letter page of this website. In general, the City and the Coalition’s Marina Committee were in support of the Cease and Desist Order but felt there were a few issues that should have been included.
The BCDC staff gave a presentation on the history of the developer’s violations and the staff’s findings and recommended solutions, including a $250,000 penalty. MVA’s legal representative, Jim Burroughs, spoke briefly, agreeing to abide by the order, but stated that MVA was not necessarily culpable for these violations. The Coalition Committee co-chairs then spoke (see notes). The staff then provided some revised language for one item in the order dealing with a flood study (item II.N) to include the central spit (BCDC calls it the east spit) that contains the playground equipment.
The Enforcement Committee members then asked some questions of the BCDC staff. Finally, they approved the recommendation of the staff and the amendment. They suggested that the items that the Coalition Committee raised should be addressed separately in negotiations with MVA. If a satisfactory solution could not be reached, that might necessitate an additional Cease and Desist order.