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HomeMy WebLinkAboutCD Dumping Dredging in Waterways; Amend MCDepartment: Public Works Agenda Item No: 5, b Meeting Date: June 2, 2014 Prepared by: ity Manager Approval: Director of Public Works File No.: 12.02.20 SUBJECT: CONSIDERATION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE BY AMENDING CHAPTER 11.04 THEREOF "ENCROACHMENTS PUBLIC RIGHT-OF-WAY" TO ADD , NEW DEFINITIONS, REQUIREMENTS Qi i i ENCROACHMENTS • 1 • i EMERGENCY WORK, j CONSTRUCTION STANDARDS FORWORK DAMAGING ' i STREETS; AND BY AMENDING CHAPTER 17.10 THEREOF ENTITLED "DUMPING, DREDGING, i CONSTRUCTION WITHIN TIDAL' TO REVISE PROCEDURES FOR OBTAINING A TIDELANDS PERMIT. RECOMMENDATION: Conduct a Public Hearing and Pass to print an Ordinance amending Chapters 11.04 and 17.10 of the San Rafael Municipal Cade. • ' • Encroachments Right -of -Way Chapter04 of - San Rafael !.Code, entitled"Encroachment- Public Right of Way ly , stipulates the appropriate and orderly use of public rights-of-way to ensure public health, safety and welfare and to minimize potential liability of the City and inconvenience to the public # private uses of - public ! # Over the last several years the Department of Public Works has identified several inconsistencies related to this chapter of the Municipal Code. In particular, several utilities performing emergency work within the City right-of-way have not applied for or paid the encroachment permit fees. The original code section was not specific in noting that emergency work requires a permit. The changes to this code section require that all work within the road right-of-way, including emergency work by utilities, requires an encroachment permit and requires applicants to pay encroachment permit fees. Resolution 12371, passed by the San Rafael City Council in 2007, also stipulates requirementsi specifications for# public # # aand further specifiesno excavation shall be permitted in any portion of public i i was constructed or resurfaced during the 5 year period prior to the proposed excavation. In addition, - resolution i..restrictionsameapplies to any portion of • Council Meeting-. g: Disposition: 4 , SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 of -way that has been constructed or resurfaced provided that the pavement condition index is seventy (70) or higher as described in the City's pavement management program. The ordinance defines these streets as "Moratorium Streets" and references Resolution 12371. Dumping, Dredging and Construction within Tidal Waterways Chapter 17.10 of the San Rafael Municipal Code, entitled "Dumping, Dredging and Construction within Tidal Waterways 71 , stipulates a benefit to protecting the City's tidal areas from uncontrolled filling, excavation or construction. The purpose of the title is to encour.!- i" •• of these potential benefits with a minimum of physical disturbance and to set forth the standard and procedures by which filling, excavation and construction in tideland areas will be controlled. In 1971, when this chapter of the Municipal Code was established, the City was experiencing uncontrolled filling of areas along the Canal and within tidal areas. The original code was established to provide procedures for filling within the tidal areas and to provide the City with the means to protect these areas from uncontrolled development. Since 1971, the San Francisco Bay Conservation and Development District (BCDC) and in some cases the United States Army Corp of Engineers, have imposed further regulatory approvals for many developments within these tidal areas. Concurrently, the amount of development in San Rafael's tidal areas has greatly decreased over the years. The current code is now in need of modifications to streamline the City's permit process. Over the last few years, City staff has processed approximately 3 to 5 tideland permits annually. Although the type of work performed within the Canal varies, the predominant construction has been dredging and dock reconstruction. Dredging projects by local residents, or home owner's groups in and around their private docks, generally requires approval by both the Corp of Engineers and BCDC. The current code stipulates that a Tidelands Fill Committee composed of the City ITTIanager, the Director of Public Works, the Chief Building Official and the Planning Director, or their designees, shall review and approve any tideland fill or excavation within the City's tidal area. Procedurally, the Department of Public Works circulates the application for a tidelands permit to the Community Development Department for review and approval. Convening the representatives of the Tidelands Fill Committee in addition to the standard review described above appears superfluous. The proposed modifications to Chapter 17.10 provide the Public Works Director with the authority to issue a Tidelands Permit for work that is less than one acre. For tidal construction projects greater than one acre the Department of Public Works will bring this application to the City's Planning Commission for review and approval. The modifications to Chapter 17.10 also include language related to the notification of adjacent property owners of the proposed work, in compliance with the California Environmental Quality Act (CEQA). ANALYSIS: Encroachments in the Public Right -of -Way Section 11.04.020 "Definitions" has been modified to include language defining Revocable License Agreements for Major Encroachment Permits, and defines a Moratorium Street based on Resolution 12371. Section 11.04.030.020 E. has been updated to require utilities and special districts to obtain an encroachment permit from the City within 72 hours of performing emergency work, and to pay the required fees therefor. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page. 3 Dumping, Dredging and Construction within Tidal Waterways Sections 17.10.020 "Applicability and Exceptions17.10.030 "Procedures" have been modified to allow the Public Works Director to issue tidelands permits for construction that is less than one acre while stipulating that the City's Planning Commission shall review and approve tideland permits for construction that exceeds one acre in disturbed area. FISCAL IMPACT: Encroachments in the Public Right -of -Way Modifying Chapter 11.04 of the Municipal Code will allow the City to collect encroachment permit fees, estimated to exceed $45,000 per year, for emergency street cuts performed by utilities. Dumping, Dredging and Construction within Tidal Waterways Modifying Chapter 17. 10 of the Municipal Code will allow the City to streamline the Tidelands Permit process. There is a minor reduction of staff time for disbanding the Tidelands Fill Committee. OPTIONS: The City Council has the following options to consider on these matters: 1. Adopt the amendments for both chapters of the Municipal code as proposed or with modifications 2. Continue action for additional information and response to Council comments an,,i concerns 3. Deny all, or part, of the proposed ordinance amendments RECOMMEDED ACTION: 1. Open the Public Hearing and accept public testimony on this actior. 2. Close the Public Hearing 3. Pass the Ordinance (Attachment 1 ) to print ATTACHMENTS: 1. Proposed Ordinance— Chapter 11.04 & 17.10 (Attachment 1) 2. Public Hearing Notice OI p"D A k -W -T h,IN.Z 01AILIOX&OW-A A 0 W A 1 A iA A A A A A A A A A A A A A A IL FI]VX--K*I-iTLM WHEREAS, the City Council has adopted an encroachment permit ordinance in Chapter 11.04 of the Municipal Code, to protect the public health, safety and welfare by controlling the appropriate and orderly use of public rights-of-way by private parties and other third parties, so as to minimize potential liability of the City and inconvenience to the public from private use of the public right-of-way; and WHEREAS, it is important to limit excavation of recently resurfaced City streets to emergency work only; and WHEREAS, modifications to Chapter 11.04 of the Municipal Code are necessary to ensure that street cuts by utilities are orderly and the City is compensated for reviewing and inspecting said street cuts; and WHEREAS, San Rafael tidelands, shorelines, waterways, canals, beaches, or salt marshes are vital natural resources which can provide great benefits to present and future human generations. They offer scenic views, open space, recreational activities such as fishing, swimming, boating, walking, wildlife habitats, opportunities for water transportation and sites for homes and for water - oriented resorts and industries. They fulfill an indispensable role in preserving the climate and air purity of the city; and WHEREAS, these benefits could be destroyed or seriously diminished by uncontrolled filling, excavation or construction; therefore, the City has adopted Chapter 17.10 of the Municipal Code to encourage the fullest development of these potential benefits with a minimum of physical disturbance and to set forth the standards and procedures by which filling, excavation and construction in tideland areas will be controlled; and WHEREAS, modifications to Chapter 17.10 of the Municipal Code are necessary to further streamline and improve the procedures utilized to administer Tidelands permits, F.Ai" MQ 11 Section 11.04.020 of the San Rafael Municipal Code, is hereby amended to read in its entirety IT-Treff =0 11.04.020 - Definitions. For purposes of this chapter, certain terms are defined as follows: A. "City" means the City of San Rafael. B. "Director" means the Director of Public Works of the City or his or her designee. C. "Encroach" or "encroachment" includes going upon, over or under a public right-of- way, or using a public right-of-way or a public or private area adjacent to a public right- of-way in such a manner as to prevent, obstruct or interfere with the intended use of that way, or a modification of its mode of use, including but not limited to excavation or disturbance; erection, construction, placement or maintenance of any physical improvement thereon or thereunder; planting or maintaining any landscaping; or placement or maintenance of any waste material, except the placement of solid waste or recyclables in authorized receptacles for pick-up in accordance with Ch ter 9,19 of this code. D. "Landscaping" means any tree, shrub, grass, groundcover, plant, hedge, ornamental boulder, solid landscape feature or growing thing. E. "Major continuing encroachment" means an encroachment by a property owner into the public right-of-way adjacent to his or her property, which is intended and permitted to continue for an indefinite period of time, and which serves or provides a benefit to the city or the public generally, such as, for example, the provision of off-street parking in an area where such parking is inadequate, the provision or protection of a public accessway, or the promotion of the city's economic vitality or beautification. Major continuing encroachments may include, but shall not be limited to, the following: 1 Fences or walls higher than three feet (3') above natural grade which provide protection to a public street or pedestrian walking path; 2. Abutments for driveways and stairs where reasonably necessary to provide access to the public right-of-way; 3. Ground water monitoring wells. F. or continuing encroachment" means an encroachment which is intended and permitted to continue for an indefinite period of time, but which by its nature is limited in size, scale or use so that the encroachment will have little or no impact on the public health, safety or welfare, and shall include, but not be limited to, the following: 1 . Flat or low-level improvements/landscaping adjacent to city streets or pedestrian walking paths, including but not limited to low-level plants and IN shrubs, landscape walls and fences less than three feet {3'} in height, a private postal box on a post, boulders, concrete and other flatwork; 2. Bicycle racks; 3. Newspaper racks; 4. Awnings, signs, eaves or other minor architectural features of buildings extending more than four feet (4') into the public right-of-way; 5. Other minor improvements which the Director determines will not inconvenience or jeopardize the City management or use of the public right-of- way. G. "Minor encroachment permit" means an encroachment permit issued pursuant to this chapter to authorize a temporary encroachment or a minor continuing encroachment as defined herein. I encroachment of a structure • retaining wall into the public right of way which is to be maintained by the property owner. N. "Special district" means any public agency that has been created for the local performance of governmental or proprietary functions within limited boundaries. 0. "Street cut" means the action or result of opening, tearing up, excavating, removing or constructing any portion of any roadway, street or thoroughfare, sidewalk, driveway, • or gutter, or any other facility existing within the public right-of-way area, for any purpose whatsoever within the jurisdiction of the City. P. "Structure" means any • alteration or improvement, including • not limited to a building, post, cabinet, fence, vault, sign, pole, guard rail, wall, facility, pedestrian walking path, sidewalk, driveway, track, surfacing, culvert, drainage facility, pipe, embankment or excavation. Q. "Temporary encroachment" means an encroachment which is intended to continue for a specified, limited period of time, not to exceed one year, and shall include, but not be limited to, the following: 1. Debris boxes; 2. Scaffoldings; 3. Tree trimming by private property owners or their contractors; 4. Closure for limited periods of time of public streets, driveways or public areas not under control of the state or the county; 5. Closure for limited periods of time of public sidewalks; 6. Painting/washing of building exteriors adjacent to the public right-of-way or public street; 7. Construction required for installation of sidewalks, driveway approaches, curbs and gutters, including underdrains, underground facilities, and sewer laterals; 8. Temporary construction fencing; 9. Painting of address numbers on curbs. R. "Utility" means any entity providing electricity, gas, cable, video programming, telephone, telecommunications or other services to customers, and which pursuant to state law or local franchise is entitled to install its facilities in the public rights-of-way. S. "Utility/special district encroachment" means any encroachment by a utility or special district. T. "Waste material" means any rubbish, brush, earth or other material of any nature which is unused, unwanted or discarded, including any garbage, recyclable materials, solid waste and yard waste as defined in Chapter 9. 19 FOITIMO-VIM 11 11. 04.030.020 - Exceptions to pe requirement. A& a 40 A& 10,06 4ft 0 0 0 4ft 4ft Ak Am Ak 4ft Ak Ak dp AO Ak dk Ak dft Ab Ak Ah Ak Ak M A% a Ak dMk M lk dk a AS Ak 4ft Ak Ak M a Am Ak dh Ak AN AM 4 lk 4ft a Ah Is AM A& Ak M Ak Ak Ift Ak Ak 4ft Ak Ab M M AS da M A& A& A& Ak M AM Ak Ah M Ak dp dap M 10 do so 10 dp dp 10 Ah 0 AM 4 Ak Ak Ak a AM Aa Ak lk 0 A% Ah 0 AU Ak 's Ak 'k 6 dW M AS lu Ak ga A& a A& Ak a Ak M Ak Job M As AN Ah M Ak A& Ak lk a Ak Ah A& AS Aft 0 10 Am 4ft A* M Ab A& a AS a Ak Ak A% AM Ak 0 0 AS Ak Ilk A& Ak Ak Ak Ak Ah Ak A& A* Ak 27ST&M I =0 I 0111* 11.04.030.050 - General construction standards. A. All work done under a permit or license shall conform to the standard specifications and to the conditions of approval established from time to time by resolution of the City Council or, in the absence of established specifications, to recognized standards of design and construction and approved practices in connection with the work to be done. All work shall be done subject to the satisfaction and approval of the Director. B. If the work, use or encroachment authorized in the permit or license issued pursuant to this chapter interferes with the established drainage, the permittee shall provide for proper drainage as directed by the Director. C. All operation, maintenance and repairs to a continuing encroachment shall conform to the conditions of approval of the underlying encroachment permit, to the terms of any applicable license or agreement with the City, and to established and recognized standards of construction, design, operation and maintenance for the particular type of encroachment. those areas and portions of the City where the transmission or distribution faces of any person providing telephone service, cable service, or electric service are underground, all other such facilities shall be constructed, operated, and maintained underground unless such requirement is in conflict with a specific state or local franchise agreement, or in conflict with a state statute or regulation applicable to a charter city. E. Where existing poles or other wire -holding structures are available for use, the Director may require such poles and structures to be used if the director determines that the public health, safety, welfare or convenience would be enhanced by such installation, and the terms of the use are just and reasonable. F. Any excavation or construction work that can damage a moratorium street shall not be allowed unless the work occurring is required to address an emergency that poses a threat to health and safety of the general public. Emergency work on a moratorium street may be allowed at the discretion of the Public Works Director. The extent of the repair and restoration of a moratorium street shall be left up to the discretion of the Public Works Director and in general will be extended to encompass a larger area to provide continuity with the existing paving. DIVISIOV 5: 17.10.020 Applicabillity and except'ions. This title shall apply to all portions of San Pablo Bay and San Rafael Bay, tidelands, shorelines, waterways, canals, beaches or salt marshes within the City which are below an elevation of 7.5 feet mean lower low water datum and to contiguous land between that I elevation line and either a point one hundred feet inland or the nearest publicly maintained road, • is closer. The following items shall not be subject to this title: Any structure, fill or excavation which is not within and which does no) encroach on the tidelands and waterways as defined herein; (2) Any emergency work necessary to prevent or to minimize imminent damage to land or improvements from floodwaters. Such emergency work shall be reported in writing within ten days after the start of such work to the Department of Public Works; (3) Any structure, fill or excavation which the Director of Public Works or his designee ("Director") finds to be minor or incidental, including repair or replacement in kind of an existing structure or structures not requiring any new fill or excavation; (4) Any structure, fill or excavation which has been approved prior to May 17, 1971, as part of any application, action or permit by the Planning Commission or the planning director, except that such structure, fill or excavation shall not be deemed to have been approved for a building permit. Where a development is subject to other provisions of the municipal code, approval of any fill, excavation, or structure within the scope of this title, which is contained in the development, shall be subject to the findings of subsection (4) of Section 17.10.040; (5) Any structure, fill or excavation which is behind secure dikes, which existed prior to June 16, 1971, and which is normally not subject to tidal action by virtue of the dike, or which is only temporarily under tidal action due to defective tide gates; (6) Within creeks, estuaries and rivers the applicability of this title shall extend downstream from certain defined points as follows: (A) San Rafael Canal: The bridge at the northbound off -ramp of Highway 101 eastward (Irwin Street), (B) The north fork of Las Gallinas Creek: Highway 101 eastward, (C) Any other navigable waters annexed by the City. Fa-T1Uk1T*-V,"& Wmf 17.105030 Prohibitions. Notwithstanding the provisions of any other City ordinance, it is unlawful for any person, firm, corporation or public agency to permit, cause to permit, do or cause any of the following: h (1) Dump, deposit or construct within or fill with materials, dirt, earth, mud, garbage, untreated sewage, solid waste, vessels or parts of vessels of any kind, or any material whatsoever in or on any of the tidelands designated in Section 17.10.020, except in compliance with Section 17.10.040. (2) Excavate, dredge or remove any dirt, earth, mud, sand, gravel or any other material from any of the tidelands designated in Section 17.10.020, except in compliance with Section 17.10.040. (3) Construct or place any pier, dock, wall, bulkhead, breakwater or other structure on any of the tidelands designated in Section 17.10.020, except in compliance with Section 17.10.040. Section 17.10.040 of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: 17.10.040 Procedure. (1) Filing and Content of Application for a Tidelands Permit. Application for fill, excavation or structures within tidelands as defined in Section 17.10.020 shall be made to the Department of Public Works in the form of an application for a tidelands permit. The application shall include information showing existing and proposed grades, extent and amount of proposed fill or excavation, location of all existing and proposed structures, a tentative plan for the future development of the area, and sufficient detail to allow a determination of the impact of the proposal on the navigability, appearance and safety of the waterways. q -97 1 1111=. Loma". fterapp-1 a idftk L,;r I ELXW a KW_ LWI � = LW LW2 LW 10 LW = M a " %t (a) If the application includes only a structure and/or if the proposed fill or excavation covers less than one acre, the Director of Public Works or his designee ("Director"), shall approve, conditionally approve or deny the application within ninety(90) days after the date the application is deemed complete, unless a later date is agreed to by the applicant. (b) The Director shall provide not less than ten (10) days written notice by first class mail to occupants and to owners (as shown on the County Assessor's latest tax roll) of properties located within 300 feet of the proposed structure, fill or excavation and to any homeowners' association in the neighborhood of the proposed structure, fill or excavation, advising of the filing of an application for a tidelands permit, describing the proposed structure, fill or excavation and its location, and providing an opportunity to submit written comments regarding the application to the City prior to the Director's action on the application. Failure to mail or receive notice shall not invalidate any proceedings under this title. {c} The Director shall consider, in arriving at his decision, applicable regional and state plans for tidal waterways and the criteria, standards, and policies developed by agencies administering such regional and state plans, applicable CEQA requirements, and any written comments submitted by interested parties. (3) • • Planning Commission. (a) If the proposed fill or excavation covers one acre or more, the Planning Commission shall consider the application and the recommendations of the Director thereon. If the proposed project includes any other applications that must be reviewed and acted upon by the Planning Commission, the application for tidelands permit shall be processed and acted upon concurrently with such other applications. (b) The planning commission shall consider the application at a public hearing set after not less than ten (10) days written notice by first class mail to occupants and to owners (as shown on the County Assessor's latest tax roll) of properties located within 300 feet of the proposed fill or excavation and to any homeowners' association in the neighborhood of the fill or excavation. Failure to mail or receive notices shall not invalidate any proceedings under this title. The Planning Commission shall consider, in arriving at its decision, applicable regional and state plans for tidal waterways and the criteria, standards, and policies developed by agencies administering such regional and state plans, applicable CEQA requirements, and any other oral or written evidence submitted at or prior to the public hearing. (4) Findings. The Director • the Planning Commission shall approve or conditionally approve applications where it is found that: (a) The encroachment of the tidelands is the minimum necessary to achieve the purpose of the proposed work, (b) The proposed fill, excavation or construction will not unduly and unnecessarily: {i} Inhibit navigation, or access to publicly owned tidelands, (ii) Cause, or increase the likelihood of, water pollution, (iii) Cause, or increase the likelihood of, flooding of adjoining lands, 1 SH V1 L4 T, Aduk 0 0 dk s i s r i s dh 0 dk dk dk d1h Ab dk dk dk d1h Ak d1h d1k d1b dk A& Ah dk 44% dk Ah dh A& dh d1h dh dh Ah • Ab 4ft Ab dh dh d1k da d1h dh Ak db Ah Aft db dh dh dw Ilk • Off 0 M Aft 6 • 6 a! Alk S Ab dalk dh d1h d1k M Alk dh drk a. • dh • dh AM Ah da dh d1b Ah d1h As Aftlk dk so Alk AM d1h AM d1h 40 db d1h 40 dP drA 400 Ah Is Ak dh d1h Ab drA d1h Ab Ah d1h A& dh 11b d1k a dh d1k dk Ah dsk dk Ift Ab dh dh dh Ah of dh Aft d1h da off 4% 0 • A& • dk Ah dh A% Ah Aft of'dk Ak Aft 40 Alk Alk 40 0 0 w so 4ft Ah dr Ah Am map Aft Ah • Ak Ah Ift 0 40 Ah Ak of 4P •. a d1h Ah 41b Aft Ah Ah Aft Aft Ak Ak Ah Aft Ah i.As Am Ah 40 dbiaa•a Ask Aft 481 Ab Alk A^b dh Ak Ak 41k Alk •a Ah Ah Ah dk 41 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remag portions of this Ordinance. The a Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, DIVISION 9: This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers, voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. ..&, ek-e A. ESTHER BEIRNE, City Clerk The foregoing Ordinance No. 1922 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 2nd day of June, 2014 and ordered passed to print by the followint AYES: Councilmembers: Bushey, Colin, Connolly, McCullough & Mayor Phillips IN and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of tht.... Council to be held on the 16th day of June, 2014- Is • Marin Independent Journal 150 Alameda del Prado PO Box 6150 Novato, California 94948-1535 (415) 382-7335 legals@marinij.com SAN RAFAEL,CITY OF PO BOX 151560/CITY CLERK, DEPT OF PUBLIC WORKS,1400 FIFTH AVE SAN RAFAEL CA 94915-1560 PROOF OF PUBLICATION (2015.6 C.C.P.) STATE OF CALIFORNIA A.- - County of Marin FILE NO. 0005191854 I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 5/23/2014 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 23th day of May, 2014. Legal No. 0005191854 CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING The City Council of the City of San Rafael will hold a public hearing: PURPOSE: Public Hearing: To consider adop- tion of an ordinance amending the San Rafael Municipal code by amending Chapter 1144 thereof entitled "Encroachments in the Public Right -of -Way" to add new definitions. new re- quirements for encroachments for emeenry work, and new construction standarTs for work damaging public streets-, and by amend- ing Chapter 17.10 thereof entitled "Dumping. Dredging, and Construction Within Tidal Water- ways" to revise procedures for obtaining a. Tidelands Permit, DATE/'TIME/PLACE: Monda June 2, 2014, at 7:00 p.m. City Hail Council Chamber, 1.430 Fifth Avenue. San Rafael WHAT WILL HAPPEN: You may comment on the proposed ordinance. The City Council will con- s,der a,, public testimony and will then decide whether to approve the introduction of the or- dinance for adoption. IF YOU CANNOT ATTEND: You may send a let- ter to Esther C. Beirne, City Clerk. City of San Rafael, P.O. Box 151560, San Rafael, CA 94915- 1560. You may also hand deliver a letter to the City Clerk prior to the meeting. FOR MORE INFORMATION* You may contact Kevin McGowan, Assistant Public Works Director/Cl-ty Engineer, at kevin.mc wan(gtity ofsanrafael.org or (415) 485-3389. Moice hours are Monday through Friday, 8:30 am. to 5:00 p.m. SAN RAFAEL CITY COUNCIL /s/ ESTHER C. BEIRNE ESTHER C. BEIRNE, City Clerk NO. 648 Friday, May 23.2014 INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL ORDINANCE , rr RESOLUTION ! E!i APPROVAL iii, AGENCY. SRCC AGENDA ! DEPARTMENT: Public FILE NO.: i DATE: May 20, 2014 TITLE OF DOCUMENT: CONSIDERATION ! 1 ORDINANCE ! OF 1 RAFAEL AMENDING THE SAN RAFAEL MUNICIPAL CODE BY AMENDING CHAPTER 11.04 THEREOF ENTITLED "ENCROACHMENTS RIGHT-OF-WAY" TO ADD NEW DEFINITIONS, REQUIREMENTS FOR ENCROACHMENTS FOR EMERGENCY WORK, AND NEW CONSTRUCTION STANDARDS 1 ! iWORK DAMAGING l PUBLIC AND BY CHAPTER i THEREOF ' DREDGING, AND CONSTRUCTION TIDAL • TO REVISE PROCEDURES FOR OBTAINING A TIDELANDS PERMIT. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY AGENDA ITEM: r City Attorney (signature)