Marin County Municipal Code Ch. 11.24 Gallinas Creek Encroachments

The director of public works may, upon receipt of an application therefor and payment of an application fee as established in the current "Resolution of the Marin County Board of Supervisors Establishing Fees for Permits Administered by the Department of Public Works," issue written permits authorizing the permittee to do any acts within or upon the lands of the county adjacent to Gallinas Creek, including but not limited to, the following:

(a) Installation of piers, catwalks or docks;

(b) Installation of floats;

(c) Installation of gangways;

(d) Storage of watercraft.

No encroachments shall be allowed unless a permit is secured as provided herein. If any work requiring a permit is begun without a permit, the permit fee shall be doubled to compensate for the extra work involved in inspecting completed or partially completed work.

(Ord. 2209 § 6, 1976: Ord. 1588 (part), 1967; Ord, 1532 § 1 (part), 1966)

It is unlawful for any person to construct or cause to be constructed a covered berth. For purposes of this chapter, a covered berth means a structure, either floating or anchored, consisting of a roof with or without sides extending upward from water level six or more feet, the purpose of which is for water craft storage.

(Ord. 1588 § 2, 1967)

Any permit issued pursuant to this chapter shall require that the permittee pay the entire expense of replacing existing facilities, if required, and may impose such other conditions regarding the location and the manner in which the work is to be accomplished as the director of public works deems necessary for the protection of the navigable waters of Gallinas Creek, or related public purposes.

(Ord. 1532 § 1 (part); August 2, 1966)

All permits shall require that whenever future improvement or maintenance of Gallinas Creek necessitates the relocation or partial removal of an encroachment, the permittee will remove or relocate the same at his sole expense. In such cases, the county director of public works shall serve a written demand upon the permittee, by mail, addressed to the permittee at the address shown on the permit, specifying the location of the encroachment to be removed or relocated and fixing a reasonable time within which the work of removal or relocation must be completed.

All permits are revocable upon thirty days' notice and the encroachment must thereafter be removed or relocated as specified by the director of public works.

(Ord. 1532 § 1 (part); August 2, 1966)

The director of public works may, but is not required to, supervise any work done under a permit issued under the provisions of this chapter. In appropriate cases, the director may also require a bond to ensure completion of the work. He may also require compliance with Chapter 23.09 where he deems such compliance appropriate.

(Ord. 2710 § 4, 1982: Ord. 2690 (part), 1982: Ord. 1532 § 1 (part); August 2, 1966)

The permittee shall be responsible for maintenance and repair of any works for which a permit was issued. Should any work constructed under the permit become defective through lack of proper maintenance, or any other reason, the defects shall be considered as sufficient reason for revocation of the permit.

(Ord. 1532 § 1 (part); August 2, 1966)

Every applicant whose property abuts county land bordering Gallinas Creek shall be entitled to a permit. No other person, firm, or corporation, will be issued a permit encompassing the applicant's water frontage.

(Ord. 1532 § 1 (part); August 2, 1966)

Applicants shall submit a detailed drawing to scale, showing the nature and extent of the proposed encroachment. The drawing shall show plan side and end views.

Design of berth facilities shall be based on the following criteria:

(a) PIERS.

(1) Minimum elevation of deck shall be four and one-half feet above mean sea level. (7.5 mean lower low water).

(2) Minimum width shall be three feet.

(3) Live load design shall be based on forty pounds per square foot.

(b) GANGWAYS.

(1) Gangways shall not be steeper than 2-1/2:1 at low water.

(2) Minimum gangway width shall be three feet.

(3) Live load design shall be not less than thirty pounds per square foot.

(4) Hand rails shall withstand a twenty pound lateral load per linear foot of rail.

(c) FLOATING EQUIPMENT.

(1) Floats shall have sufficient buoyancy provided to support a twenty pound per square foot uniform live load plus the dead load of the structure with no allowance for structural members in flotation calculation. The minimum width of floating equipment shall be three feet. If the width of floating equipment exceeds three feet the unit live load may be reduced to ten (three feet plus one) (actual width in feet) pounds per square foot. In no case shall the live load be less than twelve pounds per square foot.

(2) Framing shall be not less than two inches nominal thickness, if constructed of wood. If the entire structure is of plywood, it shall have a three-quarter inch thickness, marine grade, except portions above water may be exterior grades.

(3) All floats shall have an identification number corresponding to the respective house number permanently attached thereto. Identification numbers shall have standard four inch high numbers and be kept in a legible condition at all times.

(d) PILING. Piling for floating equipment shall be adequate to resist lateral forces produced by any combination of:

(1) Wind, current, wave and impact;

(2) When piling can not be used, adequate anchor cables may be substituted at the discretion of the director of public works.

(Ord. 1532 § 1 (part); August 2, 1966)

Permits for encroachments, complying with the above design standards, will be issued to property owners whose property is zoned for single family use. Permits for encroachments from property zoned other than single family will be based upon design standards specially determined by the department of public works.

(Ord. 1532 § 1 (part); August 2, 1966)

The limit of encroachment of improvements, including the berthing of water craft, shall not extend into the channel section. (The channel section is defined as that certain area as dredged to -6.0 M.L.L.W under a special assessment district dredging project as approved by the board of supervisors on May 3, 1966, and as shown on the plans recorded in the recorder's office of the county, Serial Number 21676, on the 15th day of July, 1966).

The side of the encroachment shall extend from the applicant's back property comers across county land, intersecting the nearest line of channel bottom at right angles.

(Ord. 1532 § 1 (part), 1966)

In the event that any person wishes to appeal any action or decision made in connection with the issuance or denial of the issuance of a permit pursuant to Section 11.24.010 hereof, and any condition imposed under Section 11.24.020 hereof by the director of public works, the person may, within seven days of the action or decision, appeal in writing to the zone advisory board. The zone advisory board shall hear the appeal at its next regular meeting which is not closer than five working days from date of appeal, and shall render a decision thereon within fifteen days after the hearing. If any person is dissatisfied with the ruling of the zone advisory board, the ruling may be appealed to the planning commission in writing within seven days after rendition of a decision by the zone advisory board. The planning commission shall hear the appeal within fifteen days after filing, and shall render a decision within ten days after the hearing. If any person is dissatisfied with the ruling of the planning commission, the ruling may be appealed to the board of supervisors in writing within seven days after the rendition of a decision by the planning commission. The board of supervisors shall hear the appeal within fifteen days after filing, and shall render a decision within ten days after the hearing. The decision of the board of supervisors shall be final.

(Ord. 1588 § 3, 1967)

All berthing facilities which were installed prior to issuance of a permit hereunder shall conform to the requirements of this chapter within one year from the effective date hereof. Berthing facilities which are determined to constitute a hazard to navigation by the board of supervisors or fail to comply with this chapter shall be removed upon order of the board.

(Ord. 1532 § 1 (part), 1966)