BIAC

Overview

Bair Island Aquatic Center (BIAC) is located at 1450 Maple Street. BIAC is a non profit entity in operation since 1999 with several hundred paddling and rowing members from ages 14 to 74.  BIAC has programs that include youth and masters rowing, dragon boats, kayaks, outrigger canoes, and other human-powered watercraft. There is also a marina on site with six tenants. BIAC leases this property from Cemex.

Website

See: http://www.gobair.org for Profile

How does Measure W Affect this Site?

According to the official Zoning Map, the land part of the property is zoned as Tidal Plain, and the water part is zoned as San Francisco Bay Waters. The specific impacts are subject to speculation.  Here is a brief overview of the complex issues facing this organization with Measure W:

• BIAC is a non profit organization serving a number of human-powered watercraft programs for recreational and nationally competitive purposes. This may fall under an acceptable Open Space use, as a “…public recreation areas or facilities…”. Yet BIAC is a private, non-profit organization, which charges membership dues, and thus we are unsure of the definition of the word “public” in this case within Measure W.
• BIAC is a Lessee of the property. Infrastructure improvements made to the property will be accrued as benefits to the property owner, Cemex. Once the BIAC lease ends, we are unsure how these improvements, previously allowed under a recreational open space use, are treated. 
• BIAC has a liveaboard marina with six boats, including three live aboard tenants.
• BIAC is interested in a long term lease or ownership of its property.  It is in conversation with Westpoint Marina, which is also covered by Measure W. It is unclear if the current submitted plans for this new marina accommodate an aquatic center. Again, impact is unclear.

The BIAC site provides an excellent example of how land use under Measure W may lead to several different viewpoints and potential litigation. In fact, it is so complex, without some clarification from legal counsel, all we can say is that they are affected. The extent of impact is just a guess.

Relevant Sections in Measure W

Highlights have been added for emphasis.

Section 6a

§ B. Definitions: For the purposes of this Section 6a, the following definitions apply:
(2) “Non-Open Space Uses” means any use other than the following: (a) Agriculture; (b) Extraction of chemicals from sea water by natural evaporation and extraction of oyster shells or other deposits from San Francisco Bay; (c) Public parks and public recreation areas or facilities; (d) Restored Wetlands; and (e) uses defined as accessory to the foregoing uses in the applicable zoning district as of March 13, 2008.”

§ B. Definitions: For the purposes of this Section 6a, the following definitions apply:
“Open Space Lands” means all lands identified as either (a) “Park,”,“Unimproved Areas (Land or Water) Devoted to Preservation of Natural Resources, the Managed Production of Resources, Outdoor Recreation, or Public Health and Safety,” “Future Development Expanding Limits of Urbanization,” “Controlled Waterway (Redwood Shores Area),” or “San Francisco Bay Water” on the City’s General Plan Land Use Map as of March 13, 2008; or (b) “Tidal Plain” (“TP”) or “Redwood Shores Bay Front” (“RSB”) on the City’s Zoning Map as of March 13, 2008.”

§ C. Implementation, Paragraph #4 states:

“No general plan amendment, rezoning, specific plan, precise plan, tentative subdivision map, parcel map, conditional use permit, planned community permit, or other discretionary entitlement for use shall be approved or issued unless consistent with the provisions of the Section 6a.”

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