20.06.010 Findings.
The City Council has held extensive public hearings regarding the imposition of standard regulations for the design, use and maintenance of new piers, gangways, floats, hoists and buoys to be installed adjacent to waterfront properties in the R-1W zone (West Shore Road). The City Council finds that such regulations are necessary. The purposes of these regulations are:
1. To ensure that waterfront property owners on West Shore Road have reasonable access to the offshore area through the use of buoys, piers and related structures;
2. To minimize hazards and clutter created by such structures; and
3. To minimize their interference with the views and privacy of neighboring property owners. Specifically, the City Council finds as follows:
A. The waterfront properties along West Shore Road enjoy spectacular views of San Francisco and Richardson Bays, along with varying views of Mount Tamalpais, Sausalito and the San Francisco skyline.
B. Substantial oral and written testimony by residents of West Shore Road indicates that these views are one of the most valued attributes of their properties, and contribute substantially to the values of these properties.
C. Substantial oral and written testimony by West Shore Road residents also demonstrates that the installation of piers at a height exceeding ten feet above mean lower low water (MLLW) at the pier walkway is likely to substantially obstruct these extraordinary views. Based upon this evidence, the City Council finds that in order to mitigate the adverse impact of new piers on existing scenic vistas, new pier structures built in the R-1W zone should not be permitted to be built to a height exceeding ten feet above MLLW.
D. Many long-time residents of the West Shore Road waterfront testified that in their personal experience, they have observed that piers built to a height of ten feet above MLLW or less at the pier walkway have not suffered or caused major damage during high water conditions. An independent engineer consulted by the City has opined that a pier that is 9.5 feet above MLLW in height will afford a reasonably low risk of storm damage which could be further minimized by the use of open, permeable decks and other design elements.
E. Written and oral testimony presented by and on behalf of residents supports the contention that installation of a pier at a height less than twelve feet above MLLW at the pier walkway may subject residents and property along West Shore Road to an unreasonable risk of hazards caused by high water conditions.
F. The existence of conflicting evidence concerning the risk presented by a pier built to a maximum height of ten feet above MLLW persuades the City Council that environmental review should be conducted for each application for a new pier and related structures pursuant to this ordinance, to determine whether the maximum permitted height of ten feet above MLLW will result in significant hazards to persons and/or property from high water conditions. (Ord. 99-6 § 1, 1999.)