San Rafael Municipal Code Ch. 2.44 Lease of Tidelands and Submerged Lands

It is hereby found, determined and ordained that the state of California, by virtue of Chapter 83 of the Statutes of 1923, as amended by Chapter 178 of the Statutes of 1967, as amended by Chapter 1383 of the Statutes of 1970, and as amended by Chapter 1742 of the Statutes of 1971, has granted all the right, title and interest of the state in and to all the salt marsh, tide, and submerged lands, whether filled or unfilled, located within the boundaries of the city of San Rafael, hereinafter referred to as the "city," and situated below the line of mean high tide of the Pacific Ocean, or any harbor, estuary, bay or inlet within its boundaries, to be forever held by the city and by its successors in trust for the uses and purposes set forth in the statutes.

(Ord. 1392 § 1, 1981).

The statutes set forth the uses and purposes of the tide and submerged lands and also provide that said lands may also be leased by the city as long as said leases do not interfere with navigation or commerce.

(Ord. 1392 § 2, 1981).

The city shall adopt a resolution by majority vote of the council that establishes guidelines for the lease or permit of unfilled tide and submerged lands that are subject to tidal action.

(Ord. 1392 § 3, 1981).

The city shall adopt a resolution by majority vote of the council that establishes another set of guidelines for the lease or permit of filled or reclaimed tidelands.

(Ord. 1392 § 4, 1981).

The guidelines shall not be incompatible with the provisions of Section 6330 et seq. of the Public Resources Code of the state of California.

(Ord. 1392 § 5, 1981).

The guidelines may be amended from time to time by majority vote of the city council.

(Ord. 1392 § 6, 1981).