2096 Paradise Drive Staff Report

To:	PLANNING COMMISSION
From:	DANIEL M. WATROUS, SENIOR PLANNER
Subject:	2096 PARADISE DRIVE CONDITIONAL USE PERMIT #10103 REQUEST TO RECONSTRUCT AND EXPAND A PIER AND BOAT DOCK
Report Date: Meeting Date:	JULY 20, 2001 JULY 25, 2001

A proposal has been made to reconstruct and expand a pier and boat dock on property located at 2096 Paradise Drive. The parcel is currently developed with a two-family residence.

A two-level pier and boat dock, including a boat house, a boat hoist and a semi-enclosed deck, had previously been developed on this property, but were severely storm damaged in 1998. The upper level of the dock, along with the boat house and enclosed spaces, has been removed. Repairs have already been completed for the lower dock level, which has resulted in a reduction in the size of the dock.

The reconstructed dock would be 31 feet, 5 inches long and 18 feet, 3 inches wide. The elevation of the dock has been raised 2 feet above the level of the previous dock to avoid future wave-related storm damage. A davit, with a height of approximately 8 feet above the dock level, would be used to manually lift small boats from the water onto the dock.

A new dock area providing a connection from the residence to the east side of the existing dock is proposed to be constructed. As a result of the reduced size of the reconstructed dock and the proposed new construction, the net size of the existing and expanded dock would be 209 square feet smaller than the previous dock on the site.

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 dock construction therefore requires such a permit.

The construction of the expanded pier and dock also requires approval from the Bay Conservation and Development Commission (BCDC). The applicant has submitted an application to BCDC for approval of the proposed construction. 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. A conditional use permit was approved for the construction of another pier and dock on the immediately adjacent property to the east (2100 Mar East Street) at the July 11, 2001 Planning Commission meeting. The reconstructed and expanded pier and dock would be situated at same elevation as the approved height of the adjacent pier, and would not extend further into the bay than this other pier.

Several other piers are present along this stretch of Paradise Drive and Mar East Street, and at least one of these piers extends out as far or farther than the subject pier. The presence of these other piers indicates that this is not a pristine or particularly sensitive section of shoreline. The subject reconstructed and expanded pier and dock would therefore not compromise the integrity of this shoreline area.

The proposed project would not include a boat lift that would allow a large boat to be stored above water level for extended periods of time. Most homes in the vicinity are situated well above the elevation of the proposed dock, and therefore there should not be any view impacts or other obstructions for any neighboring homes as a result of the proposed construction.

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.