Marin County Municipal Code Ch. 11.28 Corte Madera Creek Encroachments

The director of public works may, upon filing of an application therefor and payment of fees, issue written permits authorizing a permittee to do any of the following acts within or upon the lands of the Marin County flood control and water conservation district adjacent to Corte Madera Creek:

(a) Installation of piers, catwalks, or docks;

(b) Installation of floats;

(c) Installation of gangways;

(d) Storage of watercraft;

(e) Surface improvements such as lawns, parking or landscaping;

(f) Building overhangs or balconies;

(g) Bridge crossings;

(h) Utilities;

(i) Other improvements which can be shown, to the satisfaction of the director of public works, as not interfering with the use of the channel rights-of-way for flood control purposes. No encroachments shall be allowed unless a permit is secured as provided herein, except that the fees may be waived for a public agency. Fees for such encroachment permits shall be as established in the current "Resolution of the Marin County Board of Supervisors Establishing Fees for Permits Administered by the Department of Public Works."

(Ord. 2776 § l, 1983: Ord. 1698 § 1 (part), 1969)

The provisions of this chapter shall apply to the lands, easements and rights-of-way of the Marin County flood control and water conservation district adjacent to Corte Madera Creek along the following channel reaches:

(1) Channel reach one includes the reach of Corte Madera Creek from Corps of Engineers' Station 166+00 (approximately four thousand feet easterly of Highway 101 ) to the Bon Air Road Bridge.

(2) Channel reach two includes the reach of Corte Madera Creek from the Bon Air Road Bridge to Corps of Engineers Station 318+50 (the Stilling Basin).

The exact location of Corps of Engineers' stations along the channel and theoretical channel cross sections, shall be determined by the flood control section of the Marin County department of public works.

If the applicant's property or the proposed encroachment lies within the boundaries of any incorporated city, the applicant must secure the written approval of that city before the encroachment permit will become effective. The director of public works will not issue any encroachment permit until the U.S. Army Corps of Engineers, San Francisco District, has approved such encroachment, in writing.

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 flood control, the navigable waters of Corte Madera Creek or related public purposes.

(Ord. 1698 § 1 (part), 1969)

All permits shall require that whenever future improvement or maintenance of Corte Madera Creek necessitates the relocation or partial removal of an encroachment, the permittee will remove or relocate the same at his expense. In such cases, the 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.

Should the owner of the encroachment fail, or refuse, to remove it within the time required by the director of public works, it may be removed at the order of the director at the expense of the owner.

Should the director of public works determine at any time that an emergency exists he may, without notice, remove or have removed any encroachments deemed necessary to alleviate the emergency condition.

(Ord. 1698 § 1 (part), 1969)

The director of public works may, but is not required to, supervise any work done under a permit issued tinder the provisions of this chapter. In appropriate cases, as determined by the director, a bond may be required to insure completion of the work.

(Ord. 1698 § 1 (part), 1969)

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, such defects shall be considered as sufficient reason for revocation of the permit.

(Ord. 1698 § 1 (part), 1969)

Only those applicants whose property abuts district land bordering Corte Madera Creek or public utility agencies may be entitled to a permit. Public utility companies and other public agencies whose easements intersect district lands bordering Corte Madera Creek may be entitled to a permit. No other person, firm or corporation shall be issued a permit encompassing the applicant's water frontage.

(Ord. 1781 § 1, 1970: Ord.1698 § 1 (part), 1969)

Applicants shall submit detailed drawings to scale, as required by the director of public works, showing the nature and extent of tile proposed encroachment. The drawings shall show plan, side and end views.

All encroachments shall be designed and constructed in conformance with sound engineering practice and shall be subject to the following criteria:

I. Waterway encroachments

A. Piers

(1) Minimum width shall be sufficient to allow two people to pass abreast,

(2) Live load design shall not be less than forty pounds per square foot;

B. Gangways

(1) Minimum width shall be sufficient to allow two people to pass abreast,

(2) Live load design shall be not less than thirty pounds per square foot;

C. Floats

(1) Minimum width shall be sufficient to allow two people to pass abreast,

(2) Live load design shall be not less than twenty pounds per square foot;

D. Anchorage

All waterway encroachments shall be securely anchored by piling, stays of a combination thereof.

II. Land encroachments

A. Surface encroachments

(1) In Channel reach one all surface improvements shall be located at or below the theoretical cross-section grades of the flood control channel,

(2) In Channel reach two no surface improvements shall be allowed inside the right-of-way lines unless the applicant can adequately demonstrate to the director of public works and the Corps of Engineers that such encroachment will not interfere with the flood control channel or the maintenance of the channel;

B. Building foundations

No building foundations of any kind shall be allowed within the right-of-way;

C. Building overhangs

(1) In Channel reach one building overhangs and balconies will be allowed within a twelve foot wide strip adjacent and parallel to the right-of-way lines provided that a minimum vertical clearance to elevation +18.0 feet MSL is maintained,

(2) In Channel reach two no building overhangs or balconies will be allowed to encroach on the right-of-way;

D. Bridges

Bridge crossings must meet all Corps of Engineers' flood control requirements, Coast Guard navigation requirements, as certified by those agencies in writing;

E. Underground utilities

Pipe lines and other underground works must be a minimum of three feet below the theoretical cross-section grades;

F. Overhead utilities

Overhead lines, if allowed, such as electrical and telephone, must meet the state Public Utilities Commission and State Division of Highways clearance and construction standards, as certified by those agencies in writing.

(Ord. 1698 § 1 (part), 1969)

In the event that any applicant or permittee is for any reason dissatisfied with the actions of the director of the department of public works by reason of failure to grant a permit, revocation of a permit, or imposition of any conditions relating to the permit, the applicant or permittee shall have the right to appeal to the board of supervisors in writing, within ten days after notification of the action. Upon receipt of an appeal the board of supervisors shall call a hearing within fifteen days from receipt of the appeal and give the applicant notice thereof by registered or certified mail addressed to the applicant at the address shown on the application or permit. At the conclusion of the hearing, the board of supervisors shall render its decision, which decision shall be final.

(Ord. 1781 § 2, 1970)

All existing facilities within the right-of-way lines, 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. Facilities which are determined to constitute a hazard to navigation, flood control, or maintenance of the channel, by the board of supervisors or fail to comply with this chapter shall be removed upon order of the board.

(Ord. 1698 § 1 (part), 1969)

Issuance of a permit under this chapter shall not relieve the applicant of the responsibility of acquiring permits from other agencies, including, but not limited to:

(a) City or county zoning, use permits, building permits, variances, etc.;

(b) Coast Guard bridge permits from Bon Air Bridge and downstream thereof;

(c) Corps of Engineers, navigation permits for all other work from Bon Air Bridge and downstream thereof (as differentiated from required Corps of Engineers' flood control letters of approval of all work, including bridges, proposed within the entire reach of the flood control project);

(d) Public utilities commission permits;

(e) Encroachment permits or easements from other public agencies or private interests.

(Ord. 1698 § 1 (part), 1969)