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HomeMy WebLinkAboutResolution No. 6087RESOLUTION NO. 6087 A RESOLUTION ESTABLISHING GUIDELINES FOR THE LEASE OR PERMIT OF UNFILLED STATE TIDE AND SUBMERGED LANDS The City of San Rafael, hereinafter referred to as City, does hereby find, determine and declares that: 1. WHEREAS, the State of California, by virtue of Chapter 83 of the Statutes of 1923, as amended by Chapter 178 of the Statutes of 1967, as amended by Chapter 1383 of the Statutes of 1970, and as amended by Chapter 1742 of the Statutes of 1971 has granted all the right, title, and interest of the State in and to all the salt marsh, tide, and submerged lands, whether filled or unfilled, located within the boundaries of the City of San Rafael, hereinafter referred to as the City, and situ- ated below the line of mean high tide of the Pacific Ocean or any harbor, estuary, bay or inlet within its boundaries, to be forever held by the City, and by its suc- cessors in trust for the uses and purposes set forth in the Statutes; and 2. WHEREAS, the Statutes set forth the uses and purposes of the tide and submerged lands and also provide that said lands may also be leased by the City as long as said leases do not interfere with navigation or commerce; and 3. WHEREAS, the City by ordinance has the authority by Resolution to estab- lish Guidelines for the Lease or Permit of unfilled State tide and submerged lands; and 4. WHEREAS, Guidelines for the Lease or Permit of unfilled State tide and submerged lands, referenced as "Exhibit A", attached hereto and forming a part hereof, has been reviewed at a meeting open to the public. NOW THEREFORE, the City takes the following action: RESOLVED; the City Council of the City of San Rafael adopts the Guidelines referenced as "Exhibit A". I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the twentieth day of RESOLUTION NO. 6087 April , 1981, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskiznen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WNRE M. LEONCIN_,rCity Clerk GUIDELINES FOR LEASE OR PERMIT OF UNFILLED STATE TIDE AND SUBMERGED LANDS HELD IN TRUST BY THE CITY OF SAN RAFAEL I. GENERAL A. These guidelines apply to leases or permits of all unfilled tide and submerged lands that are subject to tidal action that were granted in trust to the City of San Rafael by the State of California by Chapter 83 of the Statutes of 1923, as amended. All leases granted pursuant to this article shall be non-exclusive and subject to the right of the City to grant separate leases for additional uses. Such leases shall not unreasonably interfere with or endanger activities under any lease issued pursuant to the provisions of these Guide- lines, nor shall any lease issued pursuant to the provisions of these Guidelines unreasonably interfere with or endanger any lease issued pursuant to any other Guidelines. (1) GENERAL LEASE: Uses under a General Lease include the following: a. Commercial uses by enterprises producing income either directly or indirectly including but not limited to private marinas, restaurants, clubhouses, amusements, fishing piers, accommodation docks, helicopter pads, decks, service stations, mooring sites, buoys, watercraft rental, and water ski facilities; b. Right -of -Way uses such as power lines, pipelines, roadways, outfall lines, and similar facilities; and C. Public Agency leases for marinas, recreational piers, concessionaires, boating facilities and other similar income-producing ventures. (2) GENERAL PERMIT: Uses under a General Permit include but are not limited to the following: a. Structures not producing direct or indirect income, such as piers, boathouses, cabins, arks, campsites, docks, buoys, floats and water ski facilities. b. Uses by public agencies having a statewide public benefit such as public bridges, public roads, certain recreational structures and wildlife refuges; and G. Permits granted under the authority of Section 6321 of the Public Resources Code for groins, jetties, seawalls, bulkheads, breakwaters and other similar structures. The City reserves the right to revoke any authorization issued under said Section 6321 when in its judgment it is in the best interests of the public to do so. (3) PRIVATE RECREATIONAL PIER PERMITS: This category is limited to permits granted pursuant to the provisions of Section 6503 of the Public Resources Code. The uses under a recreational pier permit are defined in Section 1901(j) of Article 1 of Title 2, California Administration Code. S B. Priorities of applications shall be as provided in Section 6223 of the Public Resources Code. C. Expense deposits required by these guidelines will be governed by the rules and regulations of the City Council in effect on the date of filing of the application for lease or permit. D. The City may require liability insurance coverage and/or surety bond, or other acceptable security to insure the performance of lease or permit terms and conditions in the amount and form it deems appropriate. II. APPLICATIONS A. The date of receipt of an application is that date on which a fully executed application form, identifying the applicant and the nature of the proposed project has been filed with the Planning Department. III. LESSEES OR PERMITTEES A. Leases or permits to occupy tidelands and submerged lands may be granted to the littoral owner, to others with the consent of such littoral owner or to governmental entities, however, such lands may, consistent with development and utilization to the maximum economic, social or environmental benefit to the best -qualified applicants as determined by the City whether or not the applicant is the littoral owner. The City may adver- tise and invite bids where in its judgment it is in the best interests of the State. IV. DURATION OF LEASES A. The term of any lease granted hereunder shall be for the period deemed by the City to be in the best interest of the State as set forth in the following schedule, except, however, that upon a special finding of the City that a term in excess of that specified below is in the best interests of the State, the term may be so extended in excess of said schedule where otherwise permitted by law. In no event shall the term of any lease exceed 66 years. The schedule of lease terms, including optional renewal periods is as follows: 1. General Lease 2. General Permit Not to exceed 49 years Not to exceed 49 years 3. Private Recreational Pier Permit Not to exceed 10 years V. EXPENSE DEPOSIT AND FILING FEES A. An applicant for City action shall remit with the application the required minimum expense deposit, in additional to any filing fee established by the City. Expense deposit require- ments shall be "established by motion of the City Council." VI. RENTAL RATES A. Amount: Leases executed pursuant to this Article shall contain provisions for the payment of rental based upon the rates established by the following schedule in fixed sums, in sums based in whole or in part on a percentage of appraised value, gross income, volume or quantity of commodities as, in the judgment of the City Council, may be in the best interests of the State. B. Rental Rate Schedule: The following rental shall apply to the classifications listed below: (1) Commercial Use: The rental may be a percentage, based on analysis of market and other considerations, of annual gross income; and/or eight percent (8%) per annum of the appraised value of the leased land; and/or volume of commodities passing over State land. The minimum rental under any of these alternative methods shall not be less than $225 per annum. (2) Right -of -Way Use: 8% per annum of the appraised land value, together with damages, if any; and/or for pipelines and conduits, 1-1/2 cents per diameter inch per lineal foot per annum, or, in lieu of either of the foregoing, an annual rental, with a specified minimum, based upon the volume of commodities passing over State land. The minimum rental under any of the above alternatives shall not be less than $100 per annum. (3) Public Agency Use: Leases of State land to public agencies shall provide for monetary rental equivalent to that prescribed for other leases and permits according to intended land use and as set forth in this section, unless the City Council determines that a statewide public benefit accrues. If the City Council determines that a statewide public benefit accrues from public agency uses under this subsection no monetary rental will be charged. (4) General Permit: Permit fees shall be determined on the basis of the following schedule: Number of Square Feet Permit Fee Schedule Within Permit Area (per annum) 0 - 1000 $ 30 1001 - 2000 40 2001 - 3000 50 3001 - 4000 70 4001 - 5000 90 5001 - 6000 110 6001 - 7000 130 7001 - 8000 150 8001 - 9000 170 9001 - 10000 190 over 10000 200 plus $20 per each additional 1,000 s.f. or fraction thereof The charge for recreational buoys not qualifying under Public Resources Code Section 6503 shall be $30 per annum per buoy. A nominal charge not to exceed $10 per annum under this sub -section shall be required of any natural person 65 years of age or older who applies for a structure occupying no more than 1,000 square feet of permit area and who submits proof of having an active insurance policy indem- nifying the State for the intended use. C. Private Recreational Pier Permit: Pursuant to Public Resources Code 6503 these permits shall be issued free of rent to applicants demonstrating that they qualify as littoral landowners under that section. D. Rentals Subject to Law: In cases where lease holders are exempted by law from assessment or payment of a rental, such charges shall be governed by the applicable law. E. Review: Leases may contain provisions for review of rental rates at intervals as the City Council may require. Such leases shall provide that any new rental rate shall be effective upon reasonable notice to the lessee as more specifically set forth in the lease. F. Time of Payment: The first year's rental shall be paid in ,ell advance of the beginning date of leases; minimum or fixed rentals for subsequent years shall be paid on or before the anniversary of the lease. Rentals under leases requiring computations to ascertain the amount of or rental rate on commodities, or percentage of income, shall be paid in whole or in part at other times as specified in the lease. Interest on Retroactive Payments: In the event that, for purposes of lease renewal or extension, a lessee does not agree to an annual rental, as offered by the City at the expiration of the lease period, and the lessee remains in possession of the leased lands while continuing to pay interim rental until a firm rental is agreed upon by the parties; then at such time as lessee submits payment for any or all retroactive rentals, the lessee shall pay interest to the City on said retroactive payments at the rate specified in Section 6224 of the Public Resources Code at the time of said retroactive payment. H. Penalties: Leases may contain provisions for penalties on accrued and unpaid rentals, royalties or other considerations. VII. PERCENTAGE RENTALS AND LIMITATIONS ON RENTALS BASED ON VOLUME OF COMMODITIES A. If the City Council determines that a rental based on the volume of commodities passing over State land is in the best interest of the State, the following limitations to such volume rentals shall apply: (1) Rental shall not be imposed for passage of a commodity over State land if rental has already accrued on that identical commodity for passage over the same State land over which it is again passing, provided the commodity is still in the same ownership as upon the next preceding passage over said State land which rental has accrued. (2) The rental rates for rights-of-way shall be apportioned in the proportion that the length of the pipeline or other structure over State land bears to the total length of the subject pipeline or structure over the land of the State and other persons. "Subject pipeline or structure" is defined as the pipeline or structure by which the commodity is being transported on a route between two facilities, uninterrupted by another facility. "Facility" includes terminal, production facility, storage facility, refinery or other manufacturing or processing facility, or point at which the commodity is or may be intermixed with same or a different commodity. VIII. MARKER A. Leases and permits to public agencies may specify that any signs or other types of printed notices installed to provide notification of the public use and/or benefit of the project shall contain and reasonably display a statement that the City of San Rafael on behalf of the State of California has contributed the lands underlying the public project. IX. PUBLIC NOTICE, WARNING AND OWNERSHIP SIGNS A. Where required by the terms of any lease, warning signs and/or other appropriate markerss describing public ownership or means of public access shall be installed and maintained showing established public access ways, the name and address of the owner, and the location of hazards, if any. Such signs and markers shall conform to the requirements of the City, and any other bodies having jurisdiction over access, navigation, or safety. X. CONSUMMATION OF LEASE A. The City of San Rafael through its City Council shall determine the term of occupancy, amount of rental and/or other consideration, and the amount of bond and insur- ance as it deems appropriate. The City of San Rafael may then authorize the execution and delivery of the appropriate instrument permitting occupancy of the land for the approved purposes, subject to the payment and delivery of all fees, costs, bonds, insurance, rent or other consideration required by these rules and the instrument. XI. COMPATIBILITY WITH CITY ORDINANCE 13.16.010 A. These Guidelines are developed to be compatible and not in conflict with City Ordinance 13.16.010 cited as the "San Rafael Canal Harbor Line Ordinance." XII. COMPATIBILITY WITH STATE REGULATIONS A. These Guidelines are designed to be compatible and not in conflict with Section 2000 et seq of Article 2, Title 2 of the California Administrative Codes. 132 B/5