Planning Commission — Thursday, May 22, 2025

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.

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.

The applicants, Kurt and Bobby Barthel, propose Major Use Permit (PL-25-68) for (UP 23-09), for commercial cannabis cultivation at 10535 High Valley Road, Clearlake Oaks (Lake County APN: 006-004-22). The application, as proposed, would include cultivation of 247,800 sf (5.69 Acres) of outdoor canopy a Type 13 Distribution, Self-transport only license. The zoning is "RL-WW-SC" - Rural Lands, Waterway Combining District, and Scenic Combining District. The total acreage of the parcel is approximately 196.7 acres. Historic uses of the site and vicinity are undeveloped open space, private estates with gardens and corals, and grazing and timber land. On July 27, 2018, the Mendocino Complex Fire devastated over 325,000 acres, including this property. In 2022, the property was approved for grading permit (GR22-12) to clear and maintain the existing fire break and maintain the existing access roads. The permit was inspected July 1, 2024, by the grading inspector, with no violations found and notes were made explaining that trenching had been done with an approved well permit for future fire suppression.

Staff recommends the Planning Commission take the following actions: A. Adopt Mitigated Negative Declaration (IS 23-20) for Major Use Permit (PL-25-68) for (UP 23-09) with the following findings: 1. Potential environmental impacts related to Aesthetics can be mitigated to less than significant levels with the inclusion of mitigation measures AES-1. 2. Potential environmental impacts related to Air Quality can be mitigated to less than significant levels with the inclusion of mitigation measures AQ-1 through AQ-5. 3. Potential environmental impacts related to Biological Resources can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-1 through BIO-2. 4. Potential environmental impacts related to Cultural Resources can be mitigated to less than significant levels with the inclusion of mitigation measures CUL-1 through CUL-3. 5. Potential environmental impacts related to Geology and Soils can be mitigated to less than significant levels with the inclusion of mitigation measures BIO-2 and GEO-1 through GEO-4. 6. Potential environmental impacts related to Hydrology and Water Quality can be mitigated to less than significant levels with the inclusion of mitigation measures HAZ-1. 7. Potential environmental impacts related to Hydrology and Water Quality can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-3. 8. Potential environmental impacts related to Noise can be mitigated to less than significant levels with the inclusion of mitigation measures NOI-1 through NOI-2. 9. Potential environmental impacts related to Transportation can be mitigated to less than significant levels with the inclusion of mitigation measures WDF-1. 10. Potential environmental impacts related to Tribal Cultural Resources can be mitigated to less than significant levels with the inclusion of mitigation measures TCR-1 through TCR-2. 11. Potential environmental impacts related to Utilities can be mitigated to less than significant levels with the inclusion of mitigation measures HYD-1 through HYD-3. 12. Potential environmental impacts related to Wildfire can be mitigated to less than significant levels with the inclusion of mitigation measures WDF-1. B. Approve Major Use Permit (PL-25-68) for (UP 23-09) with the following findings: 1. That the establishment, maintenance, or operation of the use applied for will not under the circumstances, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use or be detrimental to property and improvements in the neighborhood or the general welfare of the County. 2. The site is adequate in size, shape, locations, and physical characteristics to accommodate the type of use and level of development proposed. 3. The streets, highways and pedestrian facilities are reasonably adequate to safely accommodate the proposed use. 4. There are adequate services to serve the project. 5. This project is consistent with the Lake County General Plan, Shoreline Communities Area Plan, and Lake County Zoning Ordinance. 6. No violation of Chapter 5, 17, 21, 23 or 26 of the Lake County Code currently exists on this property, with a condition of approval implemented. 7. The proposed use complies with all development standards described in Chapter 21, Article 27, Section 1.i. 8. The applicant is qualified to make the application described in Chapter 21, Article 27, Section 1.ii.(g). 9. The application complies with the qualifications for a permit described in Chapter 21, Article 27, Section 1.ii.(i).