"1naktng a positive difference now " STAFF REPORT CITY COUNCIL MEETING OF MAY 16, 2017

Transcription

1 NEW BUSINESS b "1naktng a positive difference now " STAFF REPORT CITY COUNCIL MEETING OF MAY 16, 2017 TO: FROM: RE: Honorable Mayor and City Council Thomas Watson, City Attorney Discussion and possible action regarding request by Beach Retreat and Lodge (Urbana Properties LLC) to allow sale of alcohol on Connelley Beach RECOMMENDATION: Discussion and possible action to approve a request by Beach Retreat and Lodge to apply to the Alcoholic Beverage Control Department for a permit to allow the sale of alcoholic beverages on Connelley Beach. BACKGROUND: From sunrise to sunset between June 1st and August 30 1,the general public is entitled to access roughly the entire sandy area of the beach on the property owned by The Beach Retreat and Lodge (Urbana Properties) as so ordered by the Court in El Dorado County Court Case #24285 and preserved through a Deed of Trust on the property. The public's right to access the beach is limited to the daylight hours and summer months for the purposes of sunbathing, picnicking and strolling. In addition to the beach access, there are 18 parking spaces in the adjoining parking lot to be retained and designated as "public parking ;" the parking was not limited by the Court to summer months or daylight hours. These orders and conditions have been in place since the time the building permit was issued to construct the hotel. The purpose of these conditions and the Court's order is to protect the public's ability to enjoy what has been known to the community as Conelley Beach. A few years ago, the property was purchased by Urbana Properties and renamed "Beach Retreat." Urbana Properties invested approximately $24M in upgrades including construction of a new event center. In 2014, the public raised concerns about protecting their rights to access the beach and parking. Staff from the City and Urbana Properties met a number of times, but were not able to come to agreement regarding the a_rea identified in the Court as the public's right to access between the high water mark line and the court-order 100' easement. In 2015, the City hired a surveyor to conduct a comprehensive site evaluation and identify the high water mark lines and 100' easement. On May 19, 2015, the City Council heard a presentation from staff summarizing the historical Court Case findings #24285, the current concerns and conditions and the location of the 100' easement from the high water mark line, which was identified as going directly through one of the improved buildings. At the May 19, 2015 City Council meeting, the City Council directed staff to complete the Bal Bijou Road improvements to allow the gate to open and to work with the property owners to ensure the public's access is retained. Improvements to Bal Bijou Road were completed and Beach Retreat staff have been cooperative regarding the public's access to the beach.

2 City Council Meeting: May 16, 2017 Page 2 of 2 ISSUE AND DISCUSSION: The Beach Retreat has requested that the City Council approve an application to the Alcoholic Beverage Control Department of the State of California to permit, year round, the sale of alcohol on Connelley Beach. Pursuant to the policy of Council, most applications for Alcoholic Beverage licenses are to be brought to Council for its consideration. The applicant has provided this request through the attached letter from Lewis S. Feldman and attached map of the proposed activity. In keeping with ABC regulations, the area that will be used for beverage services must be fenced and/or controlled. The map attached outlines the proposed beverage area. City Code does not allow alcohol on beaches except for special events, which have a strictly defined and controlled location for selling and consuming alcohol. FINANCIAL AND/OR POLICY IMPLICATIONS: If a beverage license is granted, there may be some additional tax revenue to the City, but it would likely be minor. SIGNATURE: By: z mas Watson, City Attorney Attachment 1: Request from Lewis Feldman and map Attachment 2: Conelley Beach 100' easement survey

3 LAW OFFICES feldman McLAUGHLIN THIELLLP Lewis S. Feldman Michael J. McLaughlin Kara L. Thiel Licensed in California and Nevada 178 U.S. Highway 50. Suite B P.O. Box 1309, Zephyr Cove. NV Telephone: Facsimile: April27,2017 Website: fmttahoc.com lew@fmttahoe.com Nancy Kerry, City Manager City of South Lake Tahoe 1052 Tata Lane South Lake Tahoe, CA Via -nkerry@cityofslt.us Re: Beach Retreat ABC Application Dear Nancy: On behalf of the Beach Retreat, we respectfully request the City Council authorize the Beach Retreat and Lodge ("Beach Retreat") to submit an application to the California Department of Alcoholic Beverage Control ("ABC") for a license in accordance with CSLT Code Section B.1 to allow the on-premise sale of alcoholic beverages on Beach Retreat's beach, confined to the area depicted in yellow on the enclosed aerial photograph. This activity constitutes an accessory use under TRP A's Code of Ordinances. The proposed facility will be open to the public. Beach Retreat is mindful of the El Dorado County Superior Court judgment dated August 12, 1985, confirming public use of its private beach. Beach Retreat encourages the public's nonexclusive right to use its beach for "sunbathing, swimming, picnicking, and strolling" which, historically, has been under-utilized. Due to limited visibility from the travel route and limited public parking, public use is unlikely to increase without activities driving alternative modes of transportation. Beach Retreat has facilitated the extension of the multi-modal trail along its frontage by granting necessary easements and looks forward to this amenity increasing public access. Please agendize this matter for a public hearing on May 16, 2017, to enable the public and interested parties an opportunity to give testimony concerning the foregoing request. Many thanks for your consideration and input concerning the foregoing. Sincerely, By: Lewis S. Feldman LSF/jps Enclosure cc: Urbana Tahoe TC, LLC Austin Sass, Mayor

4

5 Connelly Beach at Beach Retreat Surveyor's Report Identifying High Water Mark & 100' easement -~ j~ ~~~ 30 o--,1> llo HORIZONTAl DATUM: CAllFOftNIA STATE PlA"IE COORDINAlt svsn:... N1'083. ZONE 2. EPOCH ~ BASED ON CAlTRANS US!IO RIGHT Of WAY t.tonualenta TIOfj _ \IERnCAt. DATUM: L.AJ<C TAHOE DATUM (U.S BUREAU Of ACCLM.IATION DATUllot). ElEVAnONs OERl'llED F'AOW CVAAtNT LAKE ElEVATION....,,..~«:....,,.....di- ue line is... \ ft ~ate 100- mark passing through ved property.