HomeMy WebLinkAboutCC Resolution 12452 (Affirm Tideland Dock Construction)RESOLUTION NO. 12452
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
AFFIRMING A CONDITIONALLY APPROVED TIDELAND PERMIT FOR DOCK CONSTRUCTION AT
8 PORTOFINO ROAD
APN: 017-191-28
WHEREAS, the property owners of 8 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 8
Portofino Road in a public meeting held May 17, 2006, and recommended conditional approval of the
Tideland permit; and
WHEREAS, on May 23, 2006, Mr. Lawrence Luckham appealed the conditionally approved
Tideland Permit for 8 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 8 Portofino on tidelands is the minimum necessary to
achieve the purpose of the proposed work in that the proposed dock replaced a previously existing
dock of the same approximate size and configuration (an additional 32 square feet was added to
improve floatation).
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 approximately the same size and configuration and would not increase the historic
conflicts that have existed with the dock at 4 Portofino, which is in-line with the dock at 8 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 approximately the same size and
since there has been historic boating activity in this man-made inlet.
5) The proposed fill, excavation or construction 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 approximately the same size
and the inlet is privately owned by adjacent residents and not part of or adjacent to a boat harbor or
recreation facility.
6) The proposed fill, excavation or construction will not create a safety hazard in connection with
settlement of fill or earthquakes in that the dock is for private recreational use by a single-family
dwelling and no buildings subject to seismic safety construction codes are proposed.
7) The proposed fill, excavation or construction will not diminish natural waterways by siltation,
sedimentation or bank erosion in that no work will occur on exposed soil since all dock components
are floating and the gangway mooring within an existing, improved backyard was not altered, and the
proposed dock will not alter existing drainage or siltation patterns.
8) The proposal is in substantial harmony with General Plan 2020, specifically Air and Water Quality
Policy AW -7, in that the project will comply with state and federal standards for water quality.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael denies the
appeal and affirms the decision of the Planning Commission and the Tideland Fill Committee in
conditionally approving the Tideland Permit subject to the following conditions:
Conditions of Approval
1. The applicant shall submit construction drawings accurately showing the location and design of all
proposed dock improvements and new pilings.
2. 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.
3. 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 of Engineers (permission for dock construction under the
Nationwide Permit 3), the San Francisco Regional Water Quality Control Board (a Section 401 water
quality certification for dock construction), a building permit from the City's Community Development
Department.
4. The applicants shall pay the Tideland Permit fee of $500 and any additional fees for building permits
and any other required permits.
I, ESTHER C. BEIRNE, 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 Council of said City held on Monday,
the seventeenth day of March, 2008, by the following vote, to wit:
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ESTHER C. BEIRNE, City Clerk