RE: COASTAL DEVELOPMENT PERMIT APPLICATION FOR THE ... · 12/01/2018  · 1. This application to the California Coastal Commission (CCC) for a Coastal Development Permit (CDP). 2.

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January 12, 2018 Ms. Jeannine Manna, District Supervisor Ms. Sara Pfeifer, Coastal Program Analyst California Coastal Commission Headquarters & North Central Coast District Office 45 Fremont Street #2000 San Francisco, CA 94105

RE: COASTAL DEVELOPMENT PERMIT APPLICATION FOR THE REHABILITATION OF THE DEMMEL

BOATHOUSE - 12836 SIR FRANCIS DRAKE BLVD. APN 112-151-17 Dear Ms. Manna and Ms. Pfeifer, On behalf of Wayne Demmel, the property owner of the existing Boathouse at the above address in Inverness, we ask that you process this application for a Coastal Development Permit to rehabilitate Mr. Demmel’s small building and support features. This letter provides the detailed description of the proposed development required in the CCC’s Application for Coastal Development Permit, Section II. Proposed Development, item 2. Background Wayne Demmel has owned the Boathouse with a partner since September, 1986. He became the sole owner in September, 1995. When the marine way rails failed in 1990, Wayne was no longer able to launch his boat, which has sat trapped within the boathouse ever since. Wanting to put his boat back in the water, coupled with the appreciation and desire to preserve the use and historic character of this special Boathouse, Wayne embarked on a mission to not only rebuild the marine ways, but to fully rehabilitate the property and its structures. Much has been accomplished to date, including: • The gangway and float at the east terminus of the wharf were upgraded in 1989. • A lease from California State Lands Commission was obtained in 2011 for the land underlying the east end

of the wharf, gangway and float. • A planning team of professionals was organized to assist in planning, documenting and obtaining

governmental approvals for the rehabilitation of the existing structures. • The site has been surveyed. • The existing conditions have been measured and documented. • A Historical Architect has researched and recorded the history of the Boathouse and ancillary structures. • Preliminary architectural and structural plans have been prepared, defining the proposed rehabilitation of

the existing structures. • A wastewater disposal system has been designed, which is conceptually approved by the County’s

Environmental Health Services. • A Biologist has prepared a Biological Site Assessment (January 15, 2016) and an Assessment of Biological

Effects report (June 7, 2016). The Biologist has also completed a Specifications to Protect Biological Resources (June 28, 2016), which have been incorporated into the design of the Project to avoid potential significant negative environmental impacts.

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• The County of Marin made an Environmental Determination for the Project, deciding it is Categorically Exempt in accordance with CEQA Chapter 3 Guidelines, Article 19, Section 15301, Class 1 for Existing Facilities.

• The County of Marin approved the Project for Design Review with an Administrative Decision on January 31, 2017, because the Project is subject to Section 22.82.0201 of the Interim Local Coastal Program.

• The County of Marin approved a Tidelands Permit in the same action, pursuant to Section 22.77.0101. We are now submitting simultaneously applications for three additional permits: 1. This application to the California Coastal Commission (CCC) for a Coastal Development Permit (CDP). 2. A 401 Water Quality Certification from the San Francisco Bay Regional Water Quality Control Board

(RWQCB). 3. A General of Letter of Permission (LOP) from the Army Corps. of Engineers. (ACOE)

It is our understanding that the ACOE will coordinate our application with other State and Federal agencies, including, the National Marine Fisheries Service (NMFS, who administer NEPA compliance; The California Department of Fish and Wildlife and the California State Office of Historic Preservation (OHP).

Project Description for the Coastal Development Permit:

The Project parcel is located within the California Coastal Commission’s Coastal Zone Boundary, as shown on the enclosed map, and therefore, subject to the jurisdiction of the CCC.

Proposed improvements that replace more than 50% of the existing structures, thus requiring a Coastal Development Permit:

1. Access Boardwalk: Replace an existing 138 foot long, 28” wide, 8” high wooden access Boardwalk having a 5’ x 8’ landing at the east end, with a new 138 foot long, 42” wide (14” wider than existing) and 22” high (14” higher than existing) wooden access Boardwalk having a new 5’ x 8’ landing at the east end in the same location, plus a new 6’ x 8’ landing at the west end accessed by a new 21 foot long, 42” wide wheelchair ramp.

2. Water Access Stairs:

Replace 3 existing wooden Water Access Stairs, one existing 30” wide stairs located on west side of the Boathouse 7 ft. from the entry door, and two existing 48” wide stairs at the end of the existing Wharf, with 3 new wooden Water Access Stairs, one new 36” wide stairs located on the west side of the Boathouse 22’- 6” from the entry door, and two new 48” wide stairs at the same location as the existing stairs at the end of the existing Wharf.

3. Work Deck and Fence/Windscreen:

Replace an existing 25’- 3” x 16’ sloped wooden Work Deck on the east side of the Boathouse with a new 25’- 3” x 16’ level wooden Work Deck. Reconstruct the existing wooden fence/windscreen on the north & east sides of the Work Deck with a new wooden fence/windscreen matching the appearance, size, height and location of the existing wooden fence/windscreen.

4. Marine Way:

Replace an existing 93 foot long, 4’- 6” wide sloped wooden and steel rail boat launching ways with a new 93 foot long, 4’- 6” wide sloped wooden and steel rail boat launching ways in the same location.

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5. Wharf Handrail:

Replace an existing 34 ½” high wooden handrail along the north side of the Wharf, consisting of 2 x 4 wooden stanchions at 7 ft. on center and a 2 x 3 top rail, with a new 42” high wooden handrail in the same location, consisting of 4 x 4 redwood stanchions at 6 ft. on center, a 2” x 4 ½” (ripped from a 2 x 6) top rail, a 2 x4 bottom rail and 4 x 4 galvanized “hog wire” metal mesh between the top and bottom rails. A thin stainless steel wire attached to stainless steel eye screws that once existed along the top centerline of the rail cap will be put back in place, to deter sea gulls from perching on the rail cap, thus reducing the amount of guano that frequently builds up on the handrail and the wharf’s walking surface. Because the new rail cap is a bit wider, two parallel wires will be installed instead of just one.

6. Septic System:

Provide a new on-site Septic Sanitary System to serve the existing toilet, shower and sink.

Proposed improvements limited to repair and maintenance, which does not require a Coastal Development Permit:

1. Boathouse: Maintain the Boathouse location, size and shape. Replace the existing asphalt shingle roofing on the hip-shaped roof with new asphalt shingles having a charcoal grey color. Replace the existing rolled asphalt roofing material on the shed-shaped roof with similar material closely matching the color of the new asphalt roof shingles. To reduce heat gain inside the Boathouse, add a 2” thick layer of rigid insulation under the new roofing material. Replace the existing wooden plank foundation system and concrete wrapped wooden support posts with a new concrete grade beam and pedestal foundation system. Replicate the existing diagonal wood cross bracing. Remove the asphalt roof shingles from the building’s exterior walls to expose and restore the original redwood board and batten siding. Replace 8 existing windows with new windows matching the appearance and size of the original windows that have a 4-pane grid pattern. On the west side of the boathouse, replace the one existing sliding window with the 6-pane grid pattern with a new casement window having the same appearance. Also on the west side repair or replace the front door and clad its exterior face with a board and batten finish, similar to the original door. On the east side of the boathouse, remove one existing window and fill in the opening with the board and batten siding. Replace the single out-swinging door with a new door having a 4-pane window at the top part of the door. Repair, or replace in kind, the existing double out-swinging doors. Repair the existing sliding door, so it operates smoothly. Clad both the swinging and sliding doors on the exterior with a board and batten finish.

2. Wharf Decking, Curb or Edge Guard, Storage Locker, Bench & Windscreen at the Wharf’s East Terminus:

Repair and/or replace these features, as required, in the same location, with the same shape, size, appearance and material matching the existing features.

3. Parking Space Upgrade:

Restore the one existing upland, on-site parking space with new crushed rock road base.

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Project Description Submitted* to the County of Marin Comparing Existing to Proposed *With some information added that was provided to the County after the application to the County was submitted, plus some minor updates following County approval. Overview: Marin County Zoning and Use: The Project is located in a Marin County’s Coastal Residential Single-family Planned Zoning District (C-RSP-1). The Boathouse is a legal non-conforming water-oriented use. The use of the property is best described as defined in the Marin County’s Development Code, Article II, Zoning Districts and Allowable Land Uses, as a small, private marina consisting of an 842 sq.ft. boathouse, work deck, railways, wharf, gangway and a float, where small, private watercraft is stored, repaired and launched. Associated accessory uses include a small boat repair shop, a storage area, an office & shower, a toilet room and a work deck. The boathouse is not a commercial use, because no sales or services are provided to the public. No change in use is proposed. The existing use and the proposed use of the property are and will remain the same. It is expected that boat launching will occur on occasion to go fishing and for recreational boating. Boat repair activity will also occur from time to time when needed, mostly during daylight hours. Historic Value: Historic records date the construction of the Boathouse to a time between 1910 and 1920. See the attached report by Preservation Architecture dated March 14, 2016, and further discussion below. Existing Structures: • One on-shore parking space. • A 138 ft. long wooden access Boardwalk. • A one-story 842 sq.ft. wooden Boathouse with a hipped roof enclosing three rooms: a large, open space

where two boats can be stored and repairs can occur; a toilet room; and a small accessory office with a shower and hand sink.

• A 404 sq.ft. outdoor wooden Work Deck with a wind screen. (currently in bad shape) • A 92 ft. long Marine Way on which boats sitting on a cradle can be launched rolling down a pair of rails.

(currently in bad shape and unusable). • A 332’- 9” long wooden wharf extending out into Tomales Bay, with a 9 x 20 ft. float at the end, accessed

by a gangway. • A 130 amp electric service with an overhead service line, a water meter and water service. Project’s Intent: The intent of the Project is to restore and preserve the structures and their uses by rehabilitating and making necessary repairs. Changes in appearance will be limited to restoring the original quality and historic character of the structures, complying with current Building Code’s safety, fire and health standards, and providing in a limited way, access to wheelchairs. (Because the Project is a private use and providing handicap access is discretionary, the Project is not intended to be fully compliant with ADA standards.) Other than providing a proper wastewater disposal system and a small 48 sq.ft. deck and wheel chair ramp at the entrance to the access Boardwalk, no new structures are proposed. Except for this small entry deck and widening the access Boardwalk by 14”, no new Lot Coverage is proposed. No new Floor Area is proposed. The existing Building Height will remain the same. The existing Building form and mass will also remain the same. The original natural board and batten wood siding will be uncovered and restored. Doors and windows will be repaired or replaced, consistent with the appearance of the original doors and windows. The Boardwalk will be raised 14”, so it will be above the high tide line. The Work Deck, Marine Way and Wharf will be repaired, so they remain useful. No landscaping is proposed.

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Detailed Comparison between the Existing Conditions and Proposed Scope of Work 1. Parking Area and Entry Boardwalk Existing:

• The one existing parking space turns to soft mud in the winter. • The Boardwalk’s entrance is bayward of dry land. At storm-driven high tides, the Boardwalk is at or below the waterline, such that during these times, one gets wet accessing the Boathouse. • The width is narrow, prohibiting wheelchair access. • Its condition is poor, having cracked and missing boards. • The steps down to the water at the east end for dingy access have deteriorated.

Proposed: • Add a crushed rock road base at the parking space. There will be no fill or change to the shoreline. • Widen the Boardwalk 14“, from 28“ to 42“ wide. • Raise the Boardwalk 14”, from 8” to 22” high. • Replace the existing steps at the Boardwalk’s entrance with a 21 ft. long by 42” wide ramp for

wheelchairs. • Replace the existing handrail on the north side with a new 42” high handrail similar in appearance to the existing handrail. • At the Boardwalk’s entry, add a 6’ x 8’ wooden deck and handrail and a 2’x 5’ storage trunk. • Rehabilitate the steps down to the water at the east end. • Retain the water service with a new line installed under the access Boardwalk. Replace the

overhead electric service line with a new service line located under the access Boardwalk.

2. Wastewater Disposal System Existing: • The Boathouse contains a toilet, lav and shower, all of which from their age, appear to be old and

installed a long time ago. • A County Assessor’s Residential Building Record from a 1964 inspection notes one bathroom with

a “WC” and a Lav. The Record describes these fixtures as “old.” • A County Assessor’s Residential Property Appraisal Record, dated 1958, describes the general

utilities as “F” for fair. • Currently, the sanitary lateral is missing Proposed: • Construct a new Wastewater Disposal System on the shore, using a raised sand filter in the

northwest corner of the site, and an adjacent subterranean septic tank. Connect the Boathouse to the new Disposal System via a new sanitary sewer line installed under the access Boardwalk.

3. Boathouse Exterior

Existing: • The existing foundation, consisting of 2” x 12” Redwood board laid flat 6” below the surface of the

tidal mud is deteriorating, is subject to differential settlement and is insufficient to resist anticipated lateral forces from an earthquake.

• Multiple wooden 4 x 4 posts supporting the building are rotted. The connections at the top and bottom of the posts are inadequate to resist anticipated lateral forces from an earthquake. 2 x 6 cross bracing between the support posts have inadequate connections.

• Concrete wrapped around the support posts at the waterline is cracked, allowing water to penetrate the support posts.

• The siding is asphalt roofing shingles, not original and odd looking. • Some windows and doors are in poor condition. • The sliding door on east side no longer operates. • The asphalt roofing material on both the shed and hip shaped roofs has deteriorated. • Water service line runs under the access Boardwalk. The electric service line is overhead.

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Proposed:

• Replace the existing foundation with a grid of concrete grade beams 2 ft. wide and 18” deep. • Replace the existing 4 x 4 posts with new 4 x 4 Greenheart posts, with more secure connections • Replace the existing cracked concrete post wraps with new solid, tapered concrete pilasters, so

the new Greenheart posts will be above the waterline. • Remove the asphalt roofing shingles and restore as necessary the original redwood board and

batten siding. Paint the siding and trim the original traditional, old Inverness, green/blue color. • Retain, repair and adapt original window on the east side • Remove and replace existing wood windows with new to match the original where necessary • Remove existing, non-historic window at rear, repairing the exterior wall to its original condition • Retain and repair boat doors at rear, and replace non-historic entry doors at front and rear to

match the identified original doors • Retain existing roofs, but add 2” thick rigid insulation under new asphalt roofing; rolled material

where the roof is shed-shaped, and shingles where the roof is hip-shaped. 4. Work Deck & Wind Screen

Existing: • Multiple floor joists and deck boards are missing or are sagging. • Some wind screen boards are missing and some support posts are out of plumb and need repair

Proposed: • Repair and/or replace existing floor joists and deck boards, as necessary. • Repair the Wind Screen, as necessary, to match existing.

5. Marine Way

Existing: • The metal rails are rusted and beyond repair. Boats can no longer be launched from the boathouse.

Proposed: • Replace the metal rails with new metal rails supported on new Greenheart 4 x 8 beams bearing on

new Greenheart 4 x 4 piles. Provide new 2 x deck boards at sloped upper end of ways.

6. Wharf Existing: • Some deck boards are broken and/or are missing. • The handrail on the north side lacks rigidity. • The 2 x 2 foot rail on the south side is in poor condition. • The two wooden stairways down to the water are rotted and lack adequate support. • The wind screen, storage locker and bench at the wharf’s east terminus are in poor condition. Proposed: • Repair and/or replace deck boards as necessary. • Strengthen the handrail stanchions and replace the rail cap with a new handrail cap. • Repair and/or replace the 2 x 2 foot rail as necessary, • Repair/replace as necessary the two stairways down to the water. • Rehabilitate the wind screen, storage locker and bench at the wharf’s terminus to match the

existing in material and appearance.

7. Gangway & Floating Dock Existing: • The gangway and floating dock are in good shape.

Proposed: • No work proposed to these Project components.

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Historic Resource 1. Architectural Evaluation:

Historical Architect, Mark Hulbert of Preservation Architecture, has researched and recorded the history of the Boathouse and its ancillary structures. He has prepared an Architectural Evaluation dated March 14, 2016, which is included with this application. Based on his research, Mr. Hulbert, estimates the date of construction of the Boathouse is 1910. Records further indicate that the Boathouse was owned by Julia Shafter-Hamilton, a member of the family that once owned all the lands of Point Reyes peninsula in the latter half of the 1800’s. This Project seeks to rehabilitate this historic resource in a manner that will preserve it for many more years. The proposed improvements were determined in collaboration with Mr. Hulbert to insure the historic integrity of the structures is protected.

2. Appraisal Records: To present evidence that the existence of a toilet facility predates governmental regulations, we have included in this application copies of three Appraisal Reports, going back to 1920. These reports note the presence of a Bathroom, containing a water closet and a lavatory, which are described as “old and chipped.” One report from 1977 notes the existence of a septic tank. While the plumbing fixtures still exist, we have been unable to locate the septic tank.

Environmental Protection 1. Biological Site Assessment:

Included with this application is a Biological Site Assessment dated January 15, 2016, prepared by Mike Wood of Wood Biological Consulting, Inc. This report defines the existing biological resources found at the site. Following receipt of this Site Assessment and in consultations with Mr. Wood, we modified the Project at his direction to remove potential negative environmental impacts.

2. Assessment of Biological Effects: Included with this application is an Assessment of Biological Effects for the Demmel Boathouse Renovation dated June 7, 2016, prepared by Mike Wood of Wood Biological Consulting, Inc. This report evaluated the proposed Project and concludes the following:

“With the proposed project modifications and the incorporation of the conditions outlined above, all biological impacts would be reduced to a less-than-significant level pursuant to the guidelines of CEQA and Marin County. Pursuant to the guidelines of CEQA, the Proposed Project would not result in significant impacts on biological resources”

3. Specifications to Protect Biological Resources: Subsequent to preparing his Assessment of Biological Effects, we asked Mr. Wood to condense the conditions outlined in his report, so we could place such conditions on the cover sheet of our plans. Included with this application is his Specifications to Protect Biological Resources dated June 28, 2016. These specifications will be followed during the course of construction.

4. County’s CEQA Determination: Included with this application is the Administrative Decision by the Marin County Planning Division on January 31, 2017 approving the Project for Design Review and granting a Tidelands Permit. The first page of this approval document notes that the County’s Environmental Determination is to Exempt the Project, pursuant to CEQA Guidelines Section 15301 for Existing Facilities, Item (d), for the “Restoration or rehabilitation of deteriorated or damages structures, facilities, or mechanical equipment to meet current standards of public health and safety . . .”

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Wastewater Disposal System 1. Design Timeline:

A new shore-side Wastewater Disposal System has been planned by Paul Pospisil of Questa Engineering Corp. Questa’s plans call for constructing a 79 sq.ft. trapazoidal-shaped sand filter in the northwest corner of the site, the top of which will be 30” above finished grade, and a 750-gallon concrete recirculating tank, located below grade just south of the sand filter. The system is designed for a capacity of 50 gallons per day, sufficient for this small Boathouse use, but insufficient for residential use, which is not proposed. The Wastewater Disposal System shown on the plans included with this application has been reviewed and conceptually approved by Marin County’s Environmental Health Services.

Mr. Pospisil has provided a one-page timeline dated June 23, 2016, which summarizes the engineering and regulatory review process of this system, which is included with this application. This Timeline notes that the system was revised to avoid sensitive habitat areas in accordance with the Project’s two Biological Assessments prepared by Wood Biological Consulting, Inc.

2. Wastewater Disposal System Calculations: Included with this application is a document prepared by Questa Engineering Corp. titled, “Design Calculations for a Repair Sand Filter Sewage Disposal System” and dated April, 2015. This document provides the calculation and specifications for the wastewater disposal system, plus a Contingency Plan in the event of malfunction, Operation and Maintenance Guidelines, and Monitoring Guidelines.

3. Correspondence with the Environmental Health Services of the County of Marin: Included with this application are copies of key correspondence between Paul Pospisil of Questa and Jock Smith, Senior Engineer with Marin County’s Environmental Health Services – 3 letters, dated June 18, 3013, April 2, 2015 and April 13, 2016. Also included, is a copy of a Certified letter dated June 6, 2016 from Mr. Smith to Wayne Demmel, wherein Mr. Smith informs Mr. Demmel that the proposed septic system “appears feasible.”

Flood Mitigation 1. Flood Study Memorandum:

Included with this application is a Flood Study Memorandum dated August 28, 2017 prepared by the Project’s Civil Engineer, Vlad Iojica of VIA Atelier, Inc. This 7-page report includes a Mean Tide Level Delineation as Exhibit 1, and an Elevation Certificate dated August 28, 2017, as an Attachment. In his Flood Study Memorandum, Mr. Iojica establishes the Base Flood Elevation (BFE) at 10.0 ft. using FEMA’s NFIP Map, which now shows much of Tomales Bay as an AE-Zone. He concludes that for the Boathouse to conform to FEMA flood standards, the bottom of the lowest supporting structural member of the Boathouse must be at least one foot above the BFE, or at an elevation of 11.0 ft. NAVD’88. The bottom of the existing 4 x 6 girders that support the existing 2 x 6 floor joists are at an elevation of 10.96 ft., or just 3/8” below the 11 ft. elevation recommended by Mr. Iojica. When replacing the existing posts supporting the Boathouse, Mr. Demmel’s builder can easily increase the post height by 3/8” of an inch, so the Project will conform to FEMA flood standards.

2. Wave Runup Study:

Included with this application is a 7-page Wave Runup Study dated August 28, 2017 by the Project’s Civil Engineer, Vlad Iojica or VIA Atelier, Inc., wherein Mr. Iojica determines the height of anticipated waves propagating over the water surface and their loads when striking the Boathouse structures.

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This Wave Runup Study is followed by a letter from the Project’s Structural Engineer, Robert Tysinger of Tysinger & Associates, dated September 18, 2017, wherein Mr. Tysinger states that the structures designed by his office are capable of withstanding the loads specified in Figure 4 on page 6 of Mr. Iojica’s Wave Runup Study. Because the retaining walls of the proposed Waste Water Disposal System’s above-ground Sand Filter were designed by Questa Engineering Corp. and not Tysinger & Associates, Mr. Iojica studied these walls for resistance to the anticipated wave loads. In his report titled, “Retaining Wall at Septic System,” dated September 25, 2017 and included with this application, Mr. Iojica concludes that the retaining walls will remain stable under the anticipated wave loads he calculated in his Wave Runup Study.

At the location of the Boathouse, the anticipated height of waves during the design storm event are calculated to reach an elevation of maximum 10.47 ft. In accordance with the information on the Elevation Certificate, the bottom of the lowest structural member of the Boathouse is located at elevation 10.80 ft. The calculated clearance between the bottom of the lowest structural member and the anticipated height of waves is 0.33 ft., or approximately 4 inches.

Response to Sea Level Rise Because the Project is located in a wetland, to comply with the Coastal Act Section 30253, the Project has been planned and engineered for the changing water levels and associated impacts that might occur over the life of the structures. The CCC’s Policy Guidance, adopted August 12, 2015, suggests that a 75 to 100 year time frame is appropriate for the life of residential or commercial structures.

1. Projected Sea Level Range

The National Research Council (NRC)’s Sea Level Rise Study, September 2012, projects sea-level rise along the coasts of California, Oregon and Washington States, adjusted for regional factors, for the years 2030, 2050 and 2100. Globally, the sea is rising about 1.7 mm, or 1/16” of an inch per year. In California, the coast line south of Mendocino is sinking about 1 mm, 1/32” per year, for a combined change is sea level of slightly over 3/16” per year.

For the California coast between latitudes 37° and 38°, where the Project site is located, the NRC’s Study indicates the following sea-level rises: Calendar Year Years from Now Range Projection 2030 13 years 1½” to 11¾” 5½” 2050 33 4¾” to 2 ft. 10½” 2100 83 16½” to 5½ ft. 3 ft. In addition to sea-level rise, warmer climate produces heavier storms, resulting in higher waves and stronger wave loads.

From this data, for this Project, it would be wise to plan for a sea-level rise of approximately 6” in the near future, and at least 3 feet within the life of the Boathouse and Work Deck.

2. Sea Level Rise Impacts

Impacts on the Project’s structures caused by rising seas could include ground instability, erosion, flooding, wave damage and saltwater intrusion. Such impacts have been considered and addressed through adequate design. • Ground Instability – A Geotechnical Investigation of the site was provided by Geotechnical Engineers,

Salem Howes Associates, Inc. Their Report, dated August 5, 2010, is included with this application.

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The soil underlying the site was found to be alluvium; a silty, clayey tidal sand. Three test borings were made, one close to the west side of the Boathouse to a depth of 33 feet, without encountering the base of the sand.

Supporting such a light structure on piers or piles was deemed to be impractical. A strip footing

foundation, similar to the existing system, was recommended, bottomed at a depth of 18” below the surface. This is the design proposed and documented in the drawings included with this application.

See the letter from the Project’s Structural Engineer, Robert E. Tysinger, of Tysinger & Associates,

dated April 18, 2017, which included in this application in the Additional Attachment Section titled, “Response to Sea Level Rise.” In his letter, Mr. Tysinger explains that the depth of the new footings is what provides the necessary “lateral constraint of the foundation during a seismic event,” meaning it’s the depth in the mud that will prevent the Boathouse from shifting horizontally during an earthquake.

• Erosion - Since the site is nearly flat and the tidal zone and shoreline well vegetated, we do not

anticipate significant erosion from rising seas, such as undercutting or slumping of soils associated with steep shorelines.

• Flooding – Flooding could be the primary impact. See paragraph 1. above for a discussion of the Flood Study Memorandum and Elevation Certificate provided in this application. With the main structural supports of the Boathouse a foot above the Base Flood Elevation, a rise in the sea level of 6” within the next 13 years should be manageable.

• Wave Damage – Wave loads could be another significant impact. See paragraph 2. Above for a discussion of the Wave Runup Study provided in this application, along with the September 18, 2017 letter from the Project’s Structural Engineer, and the September 25, 2017 study titled, “Retaining Wall at Septic System” from the Project’s Civil Engineer. These experts have determined that the structures remain stable under the anticipated wave loads in the Wave Runup Study.

• Saltwater Intrusion – Agriculture is not a use associated with this Project, so food sources and soils

would not be impacted at this site by sea-level rise. The Biological Site Assessment by Wood Biological Consulting, Inc. dated January 15, 2016 included in this application maps a small freshwater marsh in the southwest corner of the site, presumably fed by a public storm drain discharge pipe, which could be at risk by sea-level rise.

3. Impacts on Coastal Resources Coastal Resources at the site have been identified as the following:

• Historic Resource – The Boathouse has been identified as one of the earlier buildings along the shore of Inverness; one associated with one of the area’s founding families. See the Architectural Evaluation by Preservation Architecture dated March 14, 2016. Without strengthening the structure to better resist ground movement, flooding and wave action, this resource could be lost.

• Recreation Resource – The Boathouse supports the use and enjoyment of small, private watercraft on

Tomales Bay, thus promoting water access and appreciation. Without the proposed rehabilitation, the Boathouse and its support facilities would be subject to greater impacts from sea-level rise, potentially diminishing, perhaps even losing its recreational value.

• Scenic Resource – The site’s natural marsh and simple, historic structures are part of the charm,

character and heritage of Inverness the public enjoys when viewing the site from land or water. This beauty would be compromised if the site and structures were damaged by the impacts of sea-level rise.

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• Habitat Resource – The size of the tidal zone and the plant and wildlife it supports, could be

diminished by rising seas.

• Water Quality Resource - Without repair, rising seas and stronger wave loads could cause building material to fall into the Bay, reducing the water quality. Rising seas could cause debris and oils from the site’s adjacent roadway to wash into and pollute the Bay. The proposed septic system could be flooded, if it wasn’t designed or constructed in an adequate manner.

• Public Access Resource – The only public access on the site is access via watercraft, which wouldn’t be

impacted by sea-level rise if the existing structures were adequately repaired to avoid collapse and blocking navigational ways.

• Natural Landform Resource – The size and shape of the existing marsh would be altered by sea-level

rise.

4. Project Alternatives Boathouses, railways for launching boats and wharfs and floats for docking boats are water-based uses that to function, must be on or adjacent to waterways. This site is nearly devoid of upland area where such uses and structures could be located. Moving the structures would severely compromise the historical, recreational and scenic resources noted above.

5. Project Design – Strategies to Avoid Resource Impacts and Minimize Risks

The following strategies have guided and been incorporated into the design of this Project: • Repair and rehabilitate the structures to strengthen them against the impacts of ground movement,

flooding and heavy wave loads associated with rising seas, thus preserving their historical, recreational and scenic value.

• Where possible, keep the structures small, simple and affordable, so when necessary, repair and replacement is feasible and can be accomplished in a reasonable and practical manner.

• Maintain the light and open post & beam structural systems supporting the structures to avoid

blocking or restricting flood waters, and allowing water and waves to move under the structures with little resistance.

• Design the connections between the structures and the ground and/or foundation system so they can

be raised in the future without excessive cost or difficulty. All the posts-to-concrete pedestals connections are bolted, so in the future, the existing support posts can be replaced with longer ones.

• Protect the Wastewater Disposal System with sufficiently strong retaining walls to resist anticipated

wave loads, and at an elevation height above anticipated sea levels. Plan the system in a way it can be raised and remain functional as seas rise. The top of the Waste Water Disposal System’s Sand Filter is at an elevation of 14 feet, 4 feet above the Base Flood Elevation. Also, included with this application is a letter from Paul Pospisil of Questa Engineering Corp., dated September 11, 2017 responding to the issue of Sea Level Rise. In his letter, Mr. Pospisil explains how the proposed Wastewater Disposal System has been designed, and can be modified in the future, as the sea rises.

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Grading – Cut and Fill Information: 1. In the Bay:

Solid Fill: The existing redwood lumber and concrete collars that currently support the Boathouse and Work Deck will be removed, resulting in an off haul of 1.13 cu. yds. of solid material. The new concrete foundation system proposed has a volume of 24.22 cu.yds. This is a number provided by Mr. Vlad Iojica, the Project’s Civil Engineer, noted in his letter titled, Earthwork Calculations dated 11/22/2017, which is included with this application. Thus, the Project results in a net increase of 23.09 cu.yds. of material placed in the bay to adequately support the existing structures against both vertical (gravity) and lateral (wind and earthquake) forces. This additional amount is the minimum necessary to preserve the structures and their use, as noted in a letter by Mr. Robert Tysinger, the Project’s Structural Engineer, dated April 18, 2017 and included with this application.

Pile Supported The only horizontal expansion of pile supported fill is at the access Boardwalk. Fill: We propose widening the Boardwalk 14“, from 28“ to 42“, which is the minimum width

necessary to comply with the Building Code for safe access, and accommodate a wheel chair.

This increase in width adds 161 sq. of decking, resulting in a 31% increase in size over the

existing narrow Boardwalk. Note that the wider Boardwalk will be raised 14”, from 8” to 22”, which will allow more sunlight to reach marsh grass and organisms below the Boardwalk. Also proposed is a new entry ramp and landing, which adds 121 sq. of pile supported decking, for a combined total increase of 282 sq. ft. of pile supported fill.

Floating Fill: No additional floating fill is proposed.

2. On Land:

See the Earthwork Calculations provided by the Project’s Civil Engineer, Mr. Vlad Iojica, in his letter dated 11/22/2017 included with this application. Mr. Iojica calculates that the upland excavation required to stabilize the one existing parking space with gravel and to bury the new septic recirculation tank, results in a combined cut of 18.66 cu. yds. of soil and the import of 4.65 cu. yds. of material.

3. Combined in the Bay and On Land: Adding the cut in the bay mud and the upland excavation, a total of 43.85 cu. yds., or a little over four standard truck loads of material will be off hauled and 5.69 cu. yds. of material imported.

Findings: 1. Portions of the Proposed Project that do not require a Coastal Development Permit:

California Resource Code, Division 20, California Coastal Act, Chapter 7 - Development Controls, Article 1. General Provisions includes to pertinent Sections, as follows: Section 30212 New Development Projects This Section states: “(b) For purposes of this section, "new development" does not include:

(3) Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height, or bulk of the structure by more than 10 percent, which do not block or impede public access, and which do not result in a seaward encroachment by the structure.”

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This Project does not intensify the existing use, increase the floor area, height, or bulk of the structure by

more than 10 percent, nor encroach further seaward, nor block or impede public access beyond what already exists. Section 30610(d) Developments Authorized Without Permit This Section states:

“Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities; provided, however, that if the commission determines that certain extraordinary methods of repair and maintenance involve a risk of substantial adverse environmental impact, it shall, by regulation, require that a permit be obtained pursuant to this chapter.”

Please see Page 3. of this Project Narrative for the Project’s scope of work that conforms to this Section,

which do not require a Coastal Development Permit, because these activities are limited to repair and do not result in the enlargement of the structures, or expansion beyond the existing development footprint. The Project will not have a substantial adverse environmental impact, as explained on Page 7 of this Project Narrative in the Section titled, “Environmental Protection.”

2. Portion of the Proposed Project that do require a Coastal Development Permit:

California Code of Regulations (CCR), Title 14. Natural Resources, Division 5.5 California Coastal Commission, Chapter 6 Exclusions from Permit Requirements, Subchapter 7, Repair and Maintenance of Activities Requiring a Permit Section 13252(b) states:

“Unless destroyed by natural disaster, the replacement of 50 percent or more of a single-family residence, seawall, revetment, bluff retaining wall, breakwater, groin or any other structure, is not repair and maintenance under (the California Coastal Act) Section 30610(d), but instead, constitutes a replacement structure requiring a coastal development permit.”

Please see Page 2. of this Project Narrative for the Project’s scope of work that conforms to this Section,

which do require a Coastal Development Permit, because the proposed work results in the replacement of 50 percent or more of the existing structure.

3. Marine Resource: California Coastal Act, Section 30230 Marine Resources; Maintenance states:

“Marine resources shall be maintained, enhanced, and where feasible, restored. Special protection shall be given to areas and species of special biological or economic significance. Uses of the marine environment shall be carried out in a manner that will sustain the biological productivity of coastal waters and that will maintain healthy populations of all species of marine organisms adequate for long-term commercial, recreational, scientific, and educational purposes.”

This Project specifically requests approval to restore, enhance and maintain a special marine resource.

4. Recreational Boating Use: Section 30224 Recreational Boating Use This Section states:

“Increased recreational boating use of coastal waters shall be encouraged, in accordance with this division, by developing dry storage areas, increasing public launching facilities, providing additional berthing space in existing harbors, limiting non-water-dependent land uses that congest access corridors and preclude boating support facilities, providing harbors of refuge, and by providing for new boating facilities in natural harbors, new protected water areas, and in areas dredged from dry land.

While this Project does not increase recreational boating use, it preserves an existing boating use, boat storage and launching facilities.

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Although not the standard of review by the CCC, but echoing the California Coastal Act Section 30224, Marin County Local Coastal Program (LCP) adopted April 19, 2016, in the Socioeconomic Chapter, Parks, Recreation and Visitor-Serving Uses (PK) is the following policy:

C-PK-15 Commercial Fishing and Recreational Boating states:

“Support and protect commercial fishing and recreational boating on Tomales Bay. Protect and, where feasible, upgrade facilities on the shoreline of the Bay which support such uses. Design and locate proposed recreational boating facilities, where feasible, so as not to interfere with the needs of the commercial fishing industry.”

This Project helps to protect recreational boating on Tomales Bay by preserving and restoring a Boathouse, Work Deck, ways and access Wharf & float. Providing a new and stable foundation under the structures, adding new utility lines and a state-of-the-art wastewater disposal system, and improving the quality of the exterior finishes is upgrading the facilities for such uses.

5. Permitted Fill: California Coastal Act, Section 30233(a) Diking, filling or dredging states:

“The diking, filling, or dredging of open coastal waters, wetlands, estuaries, and lakes shall be permitted in accordance with other applicable provisions of this division, where there is no feasible less environmentally damaging alternative, and where feasible mitigation measures have been provided to minimize adverse environmental effects, and shall be limited to the following:”

(2) Maintaining existing, or restoring previously dredged, depths in existing navigational channels, turning basin, vessel berthing and mooring areas, and boat launching ramps.

(3) In open coastal waters, other than wetlands, including streams, estuaries, and lakes, new or expanded boating facilities and the placement of structural pilings for public recreational piers that provide public access and recreational opportunities.

(6) Restoration purposes.

The purpose of this Project is to restore and maintain an existing Boathouse facility, its mooring areas and launching ramp, consistent with this Section of California Coastal Act. The Project includes the placement of structural pilings to preserve recreational boating opportunities. The 20.12 cu. yds. of solid fill to replace the existing deteriorated and inadequate foundation supporting the Boathouse and Work Deck is a minor amount and the minimum necessary to stabilize the existing structures. (See April 18, 2017 letter from the Project’s Structural Engineer, Rob Tysinger, or Tysinger and Associates.) The 282 sq.ft. of additional pile supported fill to widen the existing Boardwalk to a width of 3 feet is a minor amount and the minimum necessary accommodate a wheelchair and to provide compliance with the California Building Code for safe access for an occupancy capacity less than 50 people.

6. Upland Development: Section 30223 Upland Areas This Section states:

“Upland areas necessary to support coastal recreational uses shall be reserved for such uses, where feasible.”

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The small amount of land upland of the site’s wetland is solely devoted to the minimum infrastructure to support the recreational boating use, that being a single on-site parking space for access and loading, utility connections and the proposed wastewater disposal system.

7. Safety:

Section 30253 Minimization of Adverse Impacts requires: “(a) Minimize risks to life and property in areas of high geologic, flood, and fire hazard.” “(b) Assure stability and structural integrity . . .” Repairing and stabilizing the Boathouse, Work Deck, Railways and docking facilities provides for a safer working and recreational environment for the minor repair and launching of small water craft. The improved structures will be better able to resist the natural forces of wind, earthquake and waves. The widening of the Boardwalk will comply with the California Building Code for the minimum access width.

8. Historic Character: Section 30253(e) states:

“Where appropriate, protect special communities and neighborhoods that, because of their unique characteristics, are popular visitor destination points for recreational uses.”

Inverness certainly is one of these special communities. A fully restored and preserved historic boathouse and wharf protects that quality of this visitor destination. Although not the standard of review by the CCC, but echoing the California Coastal Act Section 30253(e), Marin County Local Coastal Program (LCP) adopted April 19, 2016, includes a section Historical and Archaeological Resources, wherein two following Policies are pertinent to this Project: C-HAR-4 - Structures of Special Character and Visitor Appeal states: “Preserve and restore structures with special character and visitor appeal in coastal communities.”

C-HAR-6 - Alterations and Additions to Structures of Special Character and Visitor Appeal (b) states:

“Alterations or additions to any pre-1930’s structure shall retain the scale and original architectural character of the structure, especially for the front facade.”

This Project implements both policies.

9. Public Access Section 30211 Development Not to Interfere with Access states:

“Development shall not interfere with the public's right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation.”

Because the existing structures in the water are not being expanded in size and will not encroach further seaward, the public’s existing access is not being altered or diminished. Therefore, the public’s existing rights of access over Bay waters under the Public Trust Doctrine are maintained by the proposed Project.

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Conclusion: Approval of this Project will preserve a part of Inverness’s history and character, maintain a water-oriented use, enhance the appearance of the property, and improve environmental quality of the marsh and Tomales Bay. The Project is consistent with the pertinent standards and policies of the California Coastal Act. The Findings necessary under the California Coastal Act to approve this Coastal Development Permit application can be found. For these reasons, we ask that the Coastal Commission approve this Project as submitted. Staff’s assistance in processing this application is appreciated. Sincerely,

Michael Rex, Architect Copy: Wayne Demmel