2120 Mar East Street Staff Report

To:	PLANNING COMMISSION
From:	DANIEL M. WATROUS, SENIOR PLANNER
Subject:	2120 MAR EAST STREET CONDITIONAL USE PERMIT #10108 REQUEST TO CONSTRUCT A PIER AND BOAT DOCK
Report Date: Meeting Date:	JANUARY 4, 2002 JANUARY 9, 2002

A proposal has been made to construct a pier and boat dock on property located at 2120 Mar East Street. The parcel is currently developed with a single-family residence. A Site Plan and Architectural Review application to construct a new two-family residence on this property is currently being reviewed by the Design Review Board.

The proposed long pier would be 82 feet long and 12 feet wide. The dock would extend out into San Francisco Bay from an area along the eastern (left) side of the property, with a stairway extending down from the existing stairway. The last 24 feet of the dock would consist of a floating section connected to the remaining dock by a ramp. No boat lifts are indicated on the submitted plans.

A portion of the subject parcel extends out into the bay. The area beyond the mean high water line is zoned M (Marine), while the landward area is zoned R-2. Section 2.09.02 of the Tiburon Zoning Ordinance states that piers and docks for pleasure craft are permitted only with a conditional use permit. The proposed pier therefore requires such a permit.

The construction of a new pier and boat lifts also requires approval from the Bay Conservation and Development Commission (BCDC). The applicant has submitted an application to BCDC for approval of the pier and boat dock. BCDC will not act upon its application until the Town has approved the project by approving a conditional use permit.

There are several other piers and docks which extend into the bay in the immediate vicinity of the subject property. Three other similar piers and docks have recently been approved by the Planning Commission at 2096 Paradise Drive, 2100 Mar East Street, and 2108 & 2110 Mar East Street. The fixed portion of the proposed pier and dock would be situated at the same elevation as these recently approved piers. However, the proposed dock would extend much further into the bay than these other piers, each of which was approved with a length of 24 feet.

The mean high and low tide lines to the rear of the subject property extend further into the bay than those of the neighboring properties developed with piers. These adjacent piers extend approximately 24 feet past their respective mean high tide lines, but do not extend past the mean low tide lines. In contrast, the proposed about 75 feet beyond the mean high tide line, as shown on the submitted plans, and 40 feet beyond the mean low tide line.

The applicant has indicated that the need for the extended length of the proposed pier and dock is to provide docking for sailing dinghies in the water. The nearby previously approved docks have been designed with davits to hoist small boats out of the water, rather than serving potentially larger boats that would remain in the water at all times.

Several neighboring property owners have raised concerns regarding the potential visual impacts of the proposed pier and dock due to its extended length into the bay. One of these property owner has also indicated that a floating dock may not be practical on Lyford Cove, due to the potential for storm damage as a result of the southern exposure of this portion of the bay.

Although the presence of several other piers along this stretch of Paradise Drive and Mar East Street indicates that this is not a pristine or particularly sensitive section of shoreline, the extended length of the proposed pier and floating dock would be generally inconsistent with the visual character of other, generally smaller docks in the vicinity. The proposed pier could therefore compromise the visual integrity of this shoreline area. Staff recommends that the pier and dock either be denied or redesigned to be visually and functionally compatible with other similar improvements in the vicinity.

The project is categorically exempt from the requirements of CEQA per Section 15301 of the CEQA Guidelines.

Staff recommends that the Planning Commission take public testimony on this item and give direction to the applicant and Staff regarding modifications or additional information necessary to make a decision on this application.