The Planning Commission would consider a request for Lakebed Encroachment Permit and Variance from the County’s Shoreline Ordinance for the Disney Boat Rental Facility Project (Disney Development Project). Although the planning entitlements and building permits for the Disney Development Project are within the City of Lakeport’s jurisdiction, the installation of two floating docks and buoys require a Lakebed Encroachment Permit from the Lake County Water Resources Department, in accordance with Chapter 23, Clear Lake Shoreline, of the Lake County Municipal Code (“Shoreline Ordinance”). To support the development, protect sensitive species and mitigate environmental concerns, the applicant seeks a Variance from the following two sections of the Shoreline Ordinance. Please refer to the Project Description and Staff Analysis portions of this Staff Report for more information.
• 23.6.3(E)(2) - Types and Numbers of Piers, Docks, Boat Ramps, etc.
o Code allows 1 for boating activities but the applicant proposes two for boating activities.
• 23.6.5(A) - Size, Length
o Code allows docks to be 100 ft in length from Zero Rumsey but the applicant proposes 125 ft.
Per Section 4.6 of the Shoreline Ordinance, Planning Commission Review, the Planning Commission is the discretionary approval body for Lakebed Encroachment Permits requiring an Initial Study, as well as applications for variances.
Application materials, including the applicant’s justification for the requested variance, a Draft Maintenance Plan, and the complete Project Description prepared for the City of Lakeport’s Use Permit application is included in Attachment 1.
Recommended Action:
Staff recommends the Planning Commission take the following actions:
A. Adopt the Mitigation Monitoring Reporting Program (MMRP) for the ISMND prepared by the City of Lakeport with the following findings:
1. On January 8, 2025, the ISMND (SCH No. 2024091171) was adopted by the City of Lakeport’s Planning Commission (Lead Agency) for the Disney Boat Rental Project. A Notice of Determination was filed with the County Clerk and State Clearinghouse on January 14, 2025.
2. The analysis within the ISMND determined that all impacts would be less than significant with mitigation incorporated for the following resources: Air Quality, Biological Resources, Geology/Soils, Noise, Cultural Resources, Hazards & Hazardous Materials, Hydrology & Water Quality, Noise and Tribal Cultural Resources.
3. Pursuant to CEQA Guidelines Section 15050(b), the County of Lake, as a Responsible Agency, has determined that the ISMND and MMRP prepared and adopted by the City of Lakeport (SCH No. 2024091171) analyzes and mitigates all impacts related to shoreline development within the County’s jurisdiction, and is sufficient for the purposes of approving the proposed Lakebed Encroachment Permit and Variance.
B. Approve Variance VR 24-1 from Sections 23.6.3(E)(2) and 23.6.5(A) of Chapter 23, “Shoreline Ordinance”, of the Lake County Code, with the following findings.
The Project would:
1. Further a general statewide interest; and
2. Be consistent with the public rights of commerce, navigation, fishery, recreation and preservation of the project site in its natural state; and
3. Not result in substantial interference with public use of the lake's navigable waters; and
4. Not violate any other provision of law.
C. Approve Lakebed Encroachment Permit for the Disney Boat Rental Facility Project, in accordance with Sections 5.1 and 5.2 of the Shoreline Ordinance, based on the following findings:
1. That the project would not cause significant harm to:
A. The water quality of the lake, including but not limited to its clarity, temperature, color, taste and odor.
B. The nearshore and foreshore.
C. The land underlying the lake.
D. Fish and other aquatic forms of life, their habitats, their breeding and spawning grounds.
E. The natural beauty of the area.
F. Navigation, safety, or health.
G. The long-term preservation of the project site in its natural condition.
H. Archeological or historical resources of state-wide significance.
I. The wetlands.
2. That the project would:
A. Be in furtherance of general statewide interest.
B. Not be inconsistent with the public rights of commerce, navigation, fishery, recreation, and preservation of the project site in its natural state.
C. Not result in substantial interference with public use of the lake's navigable waters.
D. Be supported by sufficient accessory uses to accommodate the proposed construction or use.
E. Not violate any other provision of law.
F. Not be incompatible with existing nearshore and foreshore uses or structures on or in the immediate vicinity of the littoral parcel.