HomeMy WebLinkAboutCC Resolution 10507 (Bayfront Levee Emergency)RESOLUTION NO. 10507
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL DECLARING A LOCAL EMERGENCY AT
THE CANALWAYS BAYFRONT LEVEE IN EAST SAN
RAFAEL, AND AUTHORIZING DEVIATIONS FROM THE
ZONING ORDINANCE TO PERMIT THE OWNER TO BEGIN
IMMEDIATE BAYFRONT LEVEE REPAIRS.
WHEREAS, the City Council of the City of San Rafael adopted a Proclamation of Existence
of Local Emergency on February 9, 1998, pursuant to San Rafael Municipal Code Section 7.12.020,
in connection with the heavy rains that fell in the City between February 2-8, 1998, and whereas,
during this heavy rainfall period, erosion and overtopping began to occur at the Canalways levee
along San Rafael Bay in East San Rafael; and
WHEREAS, on February 11, 1998, the City's Public Works Director informed the
Canalways property owner (Kerner Blvd., LLC) that it must immediately repair the levee to protect
the public heath and safety as well as both public and private property; and
WHEREAS, the heavy winter storms of 1998-1999 continued to degrade the structural
integrity of the bayfront levee at the Canalways property in East San Rafael; and
WHEREAS, in the past year, geotechnical engineers for the property owner and for the City
have conducted geotechnical studies, prepared reports, and rendered opinions that the
aforementioned levee erosion is extremely serious, and that the levee could fail in the upcoming
winter storms if not repaired immediately on an expedited basis; and
WHEREAS, the Canalways property owner, on July 21, 1999 and August 20, 1999
respectively, submitted applications to the Bay Area Regional Water Quality Control Board and to
the Bay Conservation and Development Commission for appropriate permits to perform emergency
repairs on the bayfront levee and, by way of copies, advised the City of its intent to pursue
immediate repairs; and
WHEREAS, the property owner's geotechnical expert has indicated that the necessary levee
"emergency repairs" will involve grading work and the installation of some rock "rip -rap" and earth;
and whereas, under ordinary circumstances, this repair work would require an Environmental Design
Review Permit, a Use Permit, and other discretionary permits under the City's Zoning Ordinance;
and
WHEREAS, the time needed to process applications for and obtain the aforementioned
permits under the City's Zoning Ordinance, would unduly delay and thereby jeopardize the property
owner's ability to complete the levee repairs prior to this year's winter rainy season; and
WHEREAS, there are no identified significant environmental impacts on endangered
species or wetland habitat; and
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WHEREAS, San Rafael Municipal Code Section 14.02.020(H) provides that the City
Council may authorize deviation from any provision of the City's Zoning Ordinance during a local
emergency, by adoption of a Resolution without notice or public hearing.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLVES AS FOLLOWS:
1. That the above recitals are found to be true and this Resolution is based upon said
recitals and the stated opinion evidence supporting same.
2. That pursuant to San Rafael Municipal Code Section 14.02.020(H), a local
emergency is hereby declared to exist at the Canalways bayfront levee, between Spinnaker Point and
Home Depot, due to the serious erosion which poses an imminent threat to persons and to both
public and private property if not expeditiously repaired before the coming winter rains.
3. That pursuant to San Rafael Municipal Code Section 14.02.020(H), a) deviation from
the requirements of the City's Zoning Ordinance is hereby approved in order to accommodate
immediate and expeditious repairs to the Canalways bayfront levee by the Canalways property
owners (Kerner Blvd., LLC), and b) the requirement for an Environmental and Design Review
Permit, for a Use Permit, and for other discretionary City permits for such repairs is hereby waived,
provided that in order to protect public health and safety, the City Council recommends that staff
impose appropriate conditions in the issuance of any building, grading, or other permits and
approvals issued to the Canalways property owner, its contractors, or agents.
4. That the action taken herein, and any other permits or approvals hereafter approved
by the City in furtherance of this action, are hereby deemed exempt from the California
Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(4), and 14
California Code of Regulations Section 15269(c).
The foregoing Resolution was duly and regularly introduced and adopted at a regular
meeting of the San Rafael City Council held on the 20th day of September, 1999, by the following
vote to wit:
AYES: Councilmembers: Cohen, Miller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Heller
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JE?k M EONC I, City Clerk