Memorandum
Date: May 14, 2026
To: County of Lake Planning Commission
From: Mireya G. Turner, Community Development Director; Pawan Upadhyay, Water Resources Director; Todd Abbott, Water Resources Program Coordinator; and Michelle Irace, Senior Planner
Subject: Consideration of Lakebed Encroachment Permit and Variance for the Spina Floating Dock Project (PL 25-294), located at 8435 Palace Dr, Kelseyville (APN 044-501-25).
Executive Summary:
Action Requested: The Planning Commission will consider a request for Lakebed Encroachment Permit and Variance from the County’s Shoreline Ordinance for the Spina Floating Dock Project. The Project proposes the removal of the existing floating dock and gangway, replaced with a 3 ft x 18 ft gangway and an 8 ft x 48 ft floating dock, which requires a Lakebed Encroachment Permit from the County of Lake Water Resources Department, in accordance with Chapter 23, Clear Lake Shoreline Ordinance, of the Lake County Municipal Code (“Shoreline Ordinance”). The current existing structure is a deck, gangway, and a 10 ft x 40 ft floating dock secured by two wooden pilings. Section 23-6.2(B) requires 10 ft offsets from the property lines to the lakebed structures. The structure is non-conforming because there are not adequate property line offsets. To support the continued use of an existing floating dock, the applicant seeks a Variance from the following section of the Shoreline Ordinance. Please refer to the Project Description and Staff Analysis portions of this Staff Report for more information. Application materials are included in Attachment 1.
Per Section 23-4.6(C) of the Shoreline Ordinance <https://library.municode.com/ca/lake_county/codes/code_of_ordinances?nodeId=COOR_CH23CLLASH>, Planning Commission Review, the Planning Commission is the discretionary approval body for Lakebed Encroachment Permits where an applicant requests a variance.
Project Overview and Background: The project site is developed with a single-family home and dock. The parcel is similar to a ‘flag lot’, meaning that it is located along Palace Drive, and not directly adjacent to the lake. However, there is a 10 ft wide strip of land that goes from the main part of the property to the lake. The current existing structure consists of a deck, gangway, and 10x40 ft floating dock secured by two wooden pilings that are on the property lines with a zero (0) to one (1) ft setback. There is no permit history or inventory of the lakebed structure. However, the lakebed maps are annotated with “83” indicating that the structure has been in place since around 1983.
Section 23-6.2(A) requires 10 ft offsets from lakebed structures to property lines. Portions of the Shoreline Ordinance was originally adopted in 1976 and the entire code was amended in 1983. The portion of the Ordinance regulation the noted setback was adopted in 1999 and amended in 2003. As such, because the existing dock was constructed prior to 1999 it is considered an existing nonconforming structure.
A. Find that the Spina Floating Dock Project (PL-25-294) can be categorically exempt from further CEQA review pursuant to the California Code of Regulations, Title 14, Division 6, Chapter 3, Section 15303, Replacement or Reconstruction with the following findings:
1. Consistent with the criteria within this exemption, the project includes construction (replacement) of a small accessory structure (dock) to the single-family residence that is developed on the parcel.
2. The project was routed to departments and agencies (including local tribes) with jurisdiction or interest over the project, and no adverse comments were received. All regulatory permits will be obtained.
3. Construction would be temporary and performed from the water, avoiding impacts to the shoreline and vegetation.
4. In accordance with CDFW and Water Resources Department regulations, all work would be performed outside of the ‘Hitch Window’, unless otherwise authorized by CDFW.
5. The project and site do not contain any of the exceptions listed in Section 15300.2 of the CEQA Guidelines that would result in the project qualifying for Categorical Exemption.
B. Approve the Spina Floating Dock Project (PL-25-294) which includes the Lakebed Encroachment Permit and Variance allowing relief from the setbacks noted in Section 6.2(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 Spina Project (PL-25-294), 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.