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Home My WebLink AboutCC Resolution 12451 (Affirm Tideland Dock Construction)RESOLUTION NO. 12451 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AFFIRMING A CONDITIONALLY APPROVED TIDELAND PERMIT FOR DOCK CONSTRUCTION AT 4 PORTOFINO ROAD APN: 017-191-28 WHEREAS, the property owners of 4 Portofino Road submitted a Tideland Permit application to construct a replacement dock located on "Parcel A" adjacent to their property; and WHEREAS, upon review of the permit applications, the projects have been determined to be exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15303(a) of the CEQA Guidelines which exempts additions to existing structures less than 10,000 square feet; and WHEREAS, the City of San Rafael Tideland Fill Committee reviewed the application for 4 Portofino Road in public meetings held on February 7, 2005, April 4, 2005, May 2, 2005, July 13, 2005, and February 22, 2006, and conditionally approved the Tideland Permit; and WHEREAS, on May 23, 2006, Mr. Lawrence Luckham appealed the conditionally approved Tideland Permit for 4 Portofino Road; and WHEREAS, on November 13, 2007, the San Rafael Planning Commission held a duly noticed public hearing on the appeal of the conditionally approved Tideland Permit, accepting all oral and written public testimony and the written report of the Community Development Department staff, and unanimously denied the appeals, granting the previously approved Tideland Permit, subject to conditions; and WHEREAS, on November 19, 2007, Mr. Lawrence Luckham appealed the decision of the Planning Commission; and WHEREAS, on March 17, 2008, the San Rafael City Council held a duly noticed public meeting on the appeal of the conditionally approved Tideland Permit, accepting all oral and written public testimony and the writing report of the Community Development Department staff; and WHEREAS, the City Council makes the following findings relating to the Tidelands Permit: 1) The encroachment of the proposed dock at 4 Portofino Road on tidelands is the minimum necessary to achieve the purpose of the proposed work in that the proposed dock and new gangway would replace a previously existing dock and gangway of the same general size and are the minimum width required by 17.40.030(e) to provide access to the dock. 2) The proposed fill, excavation or construction will not unduly and unnecessarily inhibit navigation, or access to publicly owned tidelands, in that the proposed dock would replace a previously existing dock structure of the same size and configuration and, based on review and evaluation by Mr. Michael Cheney, registered civil engineer and marine development consultant, would not inhibit the use of docks at 8 Portofino Road or 154 Canal and would not increase the historic conflicts that have existed with the dock at 8 Portofino, which is in-line with the dock at 4 Portofino. 3) The proposed fill, excavation or construction will not cause, or increase the likelihood of, water pollution in that all construction must meet the permit requirements of the Regional Water Quality Control Board and the Corps of Engineers, which address water pollution. 4) The proposed fill, excavation or construction will not destroy, or accelerate the destruction of habitats essential to species of fish, shellfish and other wildlife of substantial public benefit in that the proposed dock would replace a previously existing dock structure of the same size and configuration. 5) The proposed fill, excavation orconstruction will not diminish the scenic beauty of the shoreline in a manner which will impede future construction of parks, boat harbors and recreation facilities in that the proposed dock would replace a previously existing dock structure of the same size, configuration and design, and the inlet is privately owned by adjacent residents and not part of or adjacent to a boat harbor or recreation facility. G) The proposed fill, excavation orconstruction will not create moohe' �hazard inconnection with settlement offill orearthquakes inthat the dock bafor private recreational ueebvosinQky�omih dvvaU|ngand nobuildings subject hommisnmiosafety oonohooUoncodes are proposed. ^ 7) The proposed fill, excavation orconstruction will notdiminish natural waterways sedimentation ". bank erosion n/that n"work will occur onexposed soil since all dock components are floating and the gangway mooring will beinstalled within anexisting, improved baohvandand the proposed dock xviUnot alter oxiaUngdrainage ormi|baUonpa�grno. ' G) The proposal isinsubsbmnbm|MarmonyvxhhGenena|P|an2D2O.apeohfimaUy/\irandVVabor{}uo|ib/ Po!�yAW-7.inthat the project xviUuonnphvvithstate and federal standards for water quality. ' NOW THEREFORE, 0E0[RESOLVED that the City Council ofthe Ci'�ofSan Rafael denies the appeal and affirms the decision ofthe Planning Commission and the Tideland FillCommittee in conditionally approving the Tideland Permit subject to the following conditions: Conditions ofAoorovm a. The applicant shall submit construction��n�o ��de�n of all proposed dock innpnJvmnmontoand new /iUnga. - - b. All new dock construction shall meet the requirements of San Rafael Municipal Code Section 17.40.030 - Dock Safety and Maintenance Standards for Vessels in Marinas and Private Docks. A permit from the Building Division is required for the construction of the docks, and an electrical permit is required for electrical work on the docks. c. All applicants shall comply with any and all regulations of, and shall obtain any and all necessary permits from, all applicable regulatory agencies of the local, state and federal governments including but not limited to, the U.S.Army Corps ofEngineers for dock construction under the Nationwide Permit 3).the San Francisco Regional Water Quo|dvCon�o|Board /�SeoUwater qua|hxoe�ihcot�nfor dock conmtnmnUon\.mbuUdingpamnitho ' the Qb/'n�omn'undxQmve|opn/ord Department.' ' d. The applicants shall pay the Tideland Permit fee of$GOOand any additional fees for building permits and any other required permits. [E@THERC.BBRNE.Clerk ofthe City ofSan Rafael, hereby certify that the ~~ Resolution was duly and m�gularbintroduced and eoopa��otoroQu|ornao�ngofthmCounoi|ofaeidCdvhe|don8onda y.LkmaavenbaenthdoyofKonoh.2OOQ.bvthofoUoxngvobs.tovt: AYES COUNCIUMBNBERG Heller, Miller &Mavo 8om NOES: COUNC|LMEK88ERS: None ' ABSENT: COUNCILMEMBERS: None ESTHERC.BBRNE.City Clerk