Chapter 17.18
REGULATIONS FOR CLEAR LAKE SHORELINE DEVELOPMENT (SD) COMBINING DISTRICT
Sections:
17.18.030 Uses permitted subject to the issuance of a shoreline development permit.
17.18.060 Maximum height of structures.
17.18.070 Shoreline development plan required.
17.18.080 Findings of approval.
17.18.090 Approval notification.
17.18.100 Community development director referral to the planning commission.
17.18.010 Purpose.
To protect and preserve environmentally sensitive areas adjacent to the Clear Lake shoreline and to prevent degradation of wetland and riparian areas, reduce erosion and water quality impacts and enhance the fishery resources and view corridors. Within the SD combining district, all uses shall comply with the regulations of the base zoning district and with the additional regulations set forth in this chapter. (Ord. 903 §1(part), 2016: Ord. 796 Att. A(part), 1999)
17.18.020 Applicability.
The shoreline development district shall be applied in the following areas: those areas designated on the Lakeport zoning map as SD combining district. (Ord. 903 §1(part), 2016: Ord. 796 Att. A(part), 1999)
17.18.030 Uses permitted subject to the issuance of a shoreline development permit.
A. Any use permitted within the base zoning district that involves grading, dredging, filling, excavation of soil or gravel, or other similar activities that would alter the existing topographic characteristics along the Clear Lake shoreline.
B. Proposed construction, reconstruction, additions, or modifications of buildings, boat ramps, retaining walls, boat docks, floats, fencing, utility lines, or other similar improvements. (Ord. 903 §1(part), 2016: Ord. 796 Att. A(part), 1999)
17.18.040 Exemptions.
The following activities shall be exempt from the provisions of this chapter:
Activities of a governmental agency, including:
A. The rehabilitation or replacement of previously authorized fill; provided, that the fill has not or will not be put to uses differing from the original permit authorizing its initial construction.
B. Bank stabilization.
C. Maintenance and operation of existing flood control and drainage facilities.
D. Emergency filling activities necessary for the protection of human health, safety, and welfare.
E. Removal of accumulated silt down to original grade. (Ord. 903 §1(part), 2016: Ord. 796 Att. A(part), 1999)
17.18.050 Setbacks.
All proposed construction except for boat ramps, docks, piers, boat lifts, and similar lake-oriented facilities shall be 7.79 above Zero Rumsey (1318.26 A.S.L.). Increased setbacks may be required by the city in order to make the findings set forth in Section 17.18.080. (Ord. 903 §1(part), 2016: Ord. 796 Att. A(part), 1999)
17.18.060 Maximum height of structures.
The maximum height of all structures on parcels along the shore of Clear Lake within the Clear Lake shoreline development combining district shall not exceed twenty-five feet unless a greater height is allowed through the approval of a use permit. (Ord. 903 §1(part), 2016: Ord. 796 Att. A(part), 1999)
17.18.070 Shoreline development plan required.
In conjunction with an application for a land use project or building permit, a shoreline development plan shall be submitted for review and approval. The shoreline development plan shall include:
A. A plot plan drawn to scale showing all existing vegetation cover and all types of plant materials including tules, cattails, willows, cottonwood, aquatic vegetation, oak trees, and other similar vegetation.
B. A plot plan depicting the existing property lines and site topography at two-foot intervals, identification of the areas adjacent to Clear Lake, including the Zero Rumsey, 7.79 Rumsey, 11.5 Rumsey, and one thousand three hundred twenty-six feet above sea level.
C. A vicinity map identifying the wetlands on adjacent properties.
D. A plot plan showing the intended development including all proposed structures, roads, drainage facilities, fill areas, dredging areas, final topographic contours, and water control facilities such as retaining walls, revetments, levies, dikes, banks, berms, etc.
E. A plant and wildlife habitat management, protection, and enhancement program including proposed wetland plant materials and other native vegetation. (Ord. 903 §1(part), 2016: Ord. 796 Att. A(part), 1999)
17.18.080 Findings of approval.
The community development department shall review the shoreline development plan. A shoreline development permit shall be deemed complete if it is found that the proposed project will:
A. Not adversely affect the existing Clear Lake water quality; and
B. Not negatively affect the long-term preservation of lands along the Clear Lake shoreline area; and
C. Not affect any rare and endangered plants and animals; and
D. Be compatible with the natural environment existing along the Clear Lake shoreline in the area; and
E. Not result in the unnecessary removal of wetland vegetation or riparian environment including tules, cottonwood, willow trees, cattails, and other significant vegetation; and
F. Result in minimum disruption of soil and bank areas along shoreline parcels; and
G. Comply with the provisions, policies, and programs of the Lakeport general plan, and other city, county, state, or federal agencies. (Ord. 903 §1(part), 2016: Ord. 796 Att. A(part), 1999)
17.18.090 Approval notification.
Prior to approval of a shoreline development plan, and not less than ten calendar days prior to the proposed issuance, the community development department shall notify owners of contiguous properties immediately adjacent to the said project and/or additional properties as determined by the community development director. Notification shall be given by mail or delivery.
The written notice shall declare that the requested shoreline development plan may be issued without review and decision by the planning commission if no written request for review is filed with the community development department within ten calendar days of the date of mailing.
If no request for review and decision by the planning commission is filed with the community development department, the shoreline development plan may be issued by the community development director.
If a request for review by the planning commission is filed with the community development department pursuant to this section, the community development director shall schedule a public hearing before the planning commission at its next regularly scheduled meeting. Notification of said public hearing shall adhere to the requirements of Chapter 17.30. (Ord. 903 §1(part), 2016: Ord. 821 §1(part), 2003: Ord. 796 Att. A(part), 1999)
17.18.100 Community development director referral to the planning commission.
If the community development department is unable to make the findings necessary to approve the shoreline development permit, the matter shall be referred to the planning commission for review and decision. If it is found that a project does not comply with the findings set forth in Section 17.18.080, then the shoreline development may be denied. Conditions of approval may be imposed on a shoreline development permit/project as necessary to achieve compliance with the purpose section (Section 17.18.010). (Ord. 903 §1(part), 2016)