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.
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