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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