HomeMy WebLinkAboutCC Resolution 12453 (Affirm Tideland Dock Construction)RESOLUTION NO. 12453
A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL
AFFIRMING A CONDITIONALLY APPROVED TIDELAND PERMIT FOR DOCK CONSTRUCTION AT
154 CANAL STREET
APN: 017-191-28
WHEREAS, the property owners of 154 Canal Street 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 Qual ity 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 154 Canal
Street 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 March 1, 2006, Mr. Lawrence Luckham appealed the conditionally approved
Tideland Permit for 154 Canal Street; 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 154 Canal Street on tidelands is the minimum necessary
to achieve the purpose of the proposed work in that the proposed dock and new gangways would
replace a previously existing dock and gangway of the same general size and the gangway are the
minimum width required by 17.40.030(e) to provide access to the two docks.
2) The proposed fill, excavation or construction will unduly and unnecessarily inhibit navigation, or
access to publicly owned tidelands, in that the proposed westerly finger of the resulting Berths 1
extends approximately 11 feet further into the inlet than the previous dock structure, the location of
the piling extends 9.5 feet further into the inlet, and the entire dock structure has shifted westerly by
approximately 3 feet from its historic location, which have reduced the navigability into a potential
replacement dock at 4 Portofino based on review and evaluation by Mr. Michael Cheney, registered
civil engineer and marine development consultant.
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 and gangways 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 will be installed within an existing, improved backyard 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
a. Due to its impact on navigability on a potential replacement dock at 4 Portofino Road, the finger
westerly of the new Berths 1 must be shortened by 11 feet to its historical length. The applicant must
revise the dock layout and resubmit a drawing for approval. If a revised drawing is not submitted to
the City within 30 days, the matter shall be turned over to Code Enforcement to initiate proceedings to
remove the 11 -foot extension.
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 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.
d. 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 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