HomeMy WebLinkAbout18 - Amendment to the City Council Policies - H -1, Harbor Permits (Exceptions to the Harbor Permit Policies)December 14,1998
Council Agenda
Item No. is
To: Mayor and Members of the City Council
From: Tim Riley, Fire and Marine Chief
Subject: Amendment to the City Council Policies - H -1,
Harbor Permits (Exceptions to the Harbor Permit Policies)
RECOMMENDATIONS:
If desired, approve an amendment to City Council Policies H -1, Section 24,
"Exceptions ".
BACKGROUND:
At the City Council Meeting of November 23, Councilman Noyes requested that staff
prepare a proposed amendment to the Harbor Permit Policies that would allow the City
Council to approve non - commercial piers when a waterfront owner's access to the
water is impacted by a public works project.
Currently, City Council Policy Hl, specifically Section 23, delineates where, and under
what circumstances, docks can be constructed within the harbor and the permitted
length bayward of the U.S. Bulkhead Line. These policies also prohibit new non-
commercial dock construction in certain areas of the harbor. Section 24, which allows
for exceptions to the policies, reads as follows:
"Exceptions may be approved to any of the requirements and regulations set
forth if there are special circumstances or conditions affecting the harbor
installations that would impose undue hardship on the applicant or if it would
be detrimental to the best interest of the City."
Section 24 specifically deals with conditions and circumstances affecting harbor
installations in particular, and does not currently address a situation where waterfront
property owner's access to the water is reduced or eliminated.
This access issue could be addressed by the following amendment to Section 24:
"Exceptions may be approved to any of the requirements and regulations set
forth if there are special circumstances or conditions affecting the harbor
installations that would impose an undue hardship on the applicant, or a
waterfront roperty owner's access to the water is impacted by a public works
project, or if it would be detrimental to the best interest of the City."
The City Council would make the determination as to whether a waterfront owner's
access was impacted, the extent of the permitted exceptions, and any conditions to the
permit.