2120 Mar East 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 (CONTINUED FROM JANUARY 9, 2002)
Report Date: Meeting Date:	FEBRUARY 8, 2002 FEBRUARY 13, 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.

This application was first reviewed at the January 9, 2002 Planning Commission meeting. At that time, concerns were raised by several neighboring property owners regarding potential visual and privacy impacts that would have been caused by the original design of the pier and dock, including an extended float. The Planning Commission shared some of these concerns, and directed the applicant to redesign the pier and dock in a manner more closely resembling that of other docks in the vicinity.

The applicant has redesigned the proposed dock and pier to eliminate the float. According to the revised dock plan, the size of the remaining dock has been reduced to a length of 24 feet and a width of 14 feet; the revised "dock section" drawing indicates the length of the dock would be 32 feet. The dock would be connected to the shore by a 19 foot long walkway.

There are several other piers and docks which extend into the bay in the immediate vicinity of the subject property. The length of the proposed dock (according to the revised dock plan) would be the same as that of 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. Although the revised dock would extend slightly further from the seawall than these other nearby docks, the dock would have approximately the same relationship to the mean high tide line as the other recently approved docks, as 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.

The boat lift indicated on the previously submitted plans has been replaced with two davits. The nearby previously approved docks have also been designed with davits to hoist small boats out of the water.

The neighboring property owner at 2130 Mar East Street indicated at the previous hearing that the proposed dock would be visually obtrusive and could block beach access to his property. The reduced length of the proposed dock should mitigate the previously raised visual concerns; the Commission is encouraged to visit the site to determine if the revised dock design would appear to block the neighboring beach access.

On February 7, 2002, the Design Review Board denied the Site Plan and Architectural Review application for the construction of a new duplex on the site. This application also included the revised dock and pier design. During that hearing, the adjacent neighbor again raised concerns regarding potential privacy impacts on a lower bedroom from the revised dock design. The Design Review Board shared these concerns, and recommended possibly moving the dock toward the center of the site. If the subject conditional use permit is approved by the Planning Commission, the applicant may either appeal the Design Review Board’s decision to the Town Council, or may submit a separate Site Plan and Architectural Review application for the dock and pier.

As mentioned previously, a portion of the subject parcel extends out into the bay, with 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.

As designed in compliance with other nearby piers and docks, the proposed dock would appear to be in conformance with this General Plan policy.

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 revised length of the proposed pier and dock would be generally consistent with the visual character of other, generally smaller docks in the vicinity, and therefore would not compromise the visual integrity of this shoreline area.

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 adopt the draft resolution granting conditional approval of the project.