Policy: Other Uses of the Bay and Shoreline, No 4

"Because of the requirements of existing law, the Commission should not allow new houseboat marinas. The Commission should authorize houseboats used for residential purposes in existing houseboat marinas only when each of the following conditions is met:
The project would be consistent with a special area plan adopted by the Commission for the geographic vicinity of the project; As to marina expansions, the houseboats would be limited in number and would be only a minor addition to the existing number of authorized houseboat berths; All wastewater producing facilities would be connected directly to a shoreside sewage treatment facility;No additional fill would be required except for the houseboat itself, a pedestrian pier on pilings, and for minor fill for improving shoreline appearance or for producing new public access to the Bay;The houseboats would float at all stages of the tide to reduce impacts on benthic organisms and to allow light penetration to the Bay bottom, unless it is demonstrated that requiring flotation at all tidal stages would have a greater adverse environmental effect on the Bay, and would not result in increased sedimentation in the area;The houseboats would not block views of the Bay significantly from the shoreline;The project would comply with local government plans and enforceable regulations and standards for mooring locations and safety, wastewater collection, necessary utilities, building and occupancy standards, periodic monitoring and inspection, and provide for the termination of the residential use when the lands are needed for public trust purposes;The project would be limited in cost and duration so that the tidelands and submerged lands could be released for water oriented uses and public trust needs and, in no case, would the initial or any subsequent period of authorization exceed 20 years. The Commission
should conduct a study of public trust needs of the project area within five years of project authorization or reauthorization and every five years thereafter. If the Commission determines within the first five years of authorization that the area is needed for water-oriented uses
and public trust needs, the project should be terminated at the end of the 20year authorization period. If after the first five-year period of project authorization the Commission determines that the area is needed for water-oriented uses and public trust needs, the project
should be terminated no less than 15 years from the date of Commission determination. In any event, the original 20 years of the permit's authorization period cannot be extended or renewed by the Commission unless an application is filed for such purpose; and The project would be consistent with the terms of any legislative grant for the area.Houseboats moored in recreational boat marinas in the Bay on July 1, 1985 but unauthorized by the Commission should be allowed to remain in the marina provided that the total number of houseboats and
live-aboard boats would meet all the live-aboard boat policy tests and the tests of houseboat policies (b), (c), (d), (e), (t), (g), (h), and (i) above."