Chapter 23 — CLEAR LAKE SHORELINE

Editor's note— Ord. No. 2460, § 1, adopted March 2, 1999, amended Ch. 23 in its entirety to read as herein set out in §§ 23-1—23-21. Prior to the complete amendment by Ord. No. 2460, Ord. No. 1506, adopted Sep. 3, 1985, amended §§ 23-4.10, 23-21.1, 23-21.2; Ord. No. 1610, adopted Oct. 14, 1986, amended § 23-4.11; Ord. No. 2088, adopted May 12, 1992, amended § 23-4.6; Ord. No. 2115, adopted Nov. 17, 1992, amended § 23-4.2; Ord. No. 2347, adopted Mar. 26, 1996, amended §§ 23-3, 23-6.1, 23-9, 23-15.1, 23-16.2; and Ord. No. 2433, §§ 1—3, adopted June 2, 1998, amended §§ 23-3.2, 23-4.1 and 23.14. Ord. No. 1316, § 1, adopted April 26, 1983, amended Ch. 23 in its entirety in §§ 23-1—23-15 and 23-20. Prior to amendment, Ch. 23, §§ 23-1—23-15, relative to lake shoreline development, derived from Ord. No. 917, § 1, adopted Nov. 22, 1976.

The purpose of the chapter is to improve and protect the public's interest in the waters and the bed of the waters in and around Clear Lake, and to insure that the lands will be used for general statewide interests in furtherance of commerce, navigation, fishery, recreation and, wherever possible and appropriate, preservation of the land and waters in their natural state by establishing minimum standards for the construction, alteration, removal and maintenance of structures or other prescribed activities in the nearshore and foreshore of the lake.

(Ord. No. 2460, § 1, 1-18-2000)

Construction, alteration, removal, maintenance, and use of any structure within the

nearshore and foreshore, and alteration or use of the Lake or lands within the nearshore and foreshore shall be in compliance with the terms of this chapter. Permits shall be granted or denied in conformity with the standards and provisions set forth in this chapter.

The provisions of this chapter shall be liberally construed to effectuate

their purposes. If any section, clause, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

To the extent that any of the provisions of this chapter are more restrictive than

provisions of the Lake County Zoning Ordinance, the provisions of this chapter shall apply.

(Ord. No. 2460, § 1, 1-18-2000)

singular number include the plural number; words in the plural number include the singular number; and the word "shall" is mandatory, not permissive, unless the context indicates that a directory meaning is intended.

incidental and secondary to the permitted use and which does not change the character of the permitted use or affect other properties in the vicinity.

operations, activities, and construction or alteration of structures under the provisions of this chapter.

Rumsey Gauge, not to exceed one hundred (100) feet landward of the high water mark.

reason and which result in the death of that vegetation.

as defined by the California Code of Harbors and Navigation. This shall include personal watercraft.

nearshore or foreshore. Relocation of loose boulders in the vicinity of piers and other structures for safety purposes shall not be deemed dredging for the purposes of this chapter.

uses "find" or "establish" or "show," the applicant bears the burden of demonstrating the existence of the conditions identified.

an application and findings of ultimate facts, separately stated, in support of that application. Such findings consist of the ultimate facts supporting the conclusion that applicable criteria are met.

administrative encroachment permit, designated as such by the County of Lake or by State or Federal fish and game authorities, or such other areas determined by Lakebed Management to contain fish spawning areas or fish and aquatic habitats of sufficient magnitude, environmental importance, or uniqueness to warrant denial of an application for construction, alteration, or use.

(7.79 feet Rumsey). This zone is also the area of the Public Trust Easement that is defined in "Lyon v. State of California, 29 Cal. 3d 210."

defined in Judgment Na 17806, County of Lake, State of California ex. rec., State Lands Commission v. M. Maroni Smith, trustee of U. A. Local 38, Convalescent Trust Fund; "The high water line of Clear Lake is the high water elevation of 7.79 feet, Rumsey Gauge Datum."

habitation and is not principally for transportation.

Judgment No. 17806, County of Lake, State of California ex. rec., State Lands Commission v. M. Maroni Smith, trustee of U. A. Local 38, Convalescent Trust Fund; "The low water line of Clear Lake constituting the boundary between sovereign ownership and upland fee ownership is the elevation Zero (0.00) feet, Rumsey Gauge Datum as surveyed by the State Lands Commission and described in a set of maps titled "Maps of Low Water Line of Clear Lake, Lake County, California"."

does not conform to the requirements of this chapter.

square footage of similar wetland on the same parcel, or, if not feasible, on another adjacent or littoral parcel.

lake and used to provide access to boats or for fishing or other water related activities.

requirement, hazard area or point of information.

or other devices designed and constructed to prevent direct erosion or flooding of the backshore by reinforcing the interface between land and water.

a defined area of the lake for which a publicly recognized organization, business, person, or other entity (profit or non-profit) advertises, invites, or seeks entrants to participate.

pier pilings, bracings, and supports) which

features affect the bearing capacity of the structure.

duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, bogs, marshes, and similar areas.

(Ord. No. 2460, § 1, 1-18-2000)

rendered October 7, 1920, in the Mendocino County Superior Court case, Gopcevic v. Yolo Water and Power Company, et al., as being 20.1 feet below the elevation of the center of a concrete star in the northeast corner of the Courthouse Park on Third and Main Street in Lakeport.

(Ord. No. 2460, § 1, 1-18-2000)

No person shall undertake or carry out any of the following activities within the

nearshore or foreshore without first obtaining an administrative encroachment permit from the Lakebed Management.

(A)

Constructing or placing any pier, boat ramp, boat launching facility, navigational structure, buoy, jetty, breakwater, marina, harbor, shorezone protective structure, or any other improvement, a portion of which lies within the foreshore or nearshore. The terms "construction or placement" include any additions or alterations to existing structures.

(B)

Filling or dredging.

(C)

Constructing or placing in the lake any cable, pipeline or subaqueous conduit.

(D)

Any use, operation, or activity with a significant impact on the public trust purposes of commerce, navigation, recreation, and fisheries.

(E)

Beach clearing.

The Board of Supervisors shall establish by ordinance fees for an administrative encroachment

permit, a buoy permit, and for a special event permit which shall be paid to Lakebed Management.

Administrative encroachment permits issued by

Lakebed Management pursuant to the terms of this chapter shall not require renewal unless work pursuant to the permit does not commence within one year from the date of issuance of the permit.

(A)

Applicants for any permit required pursuant to the terms of this chapter shall submit the application and information required to Lakebed Management. No permit shall be issued unless the application is complete and there is compliance with all the requirements of this chapter.

(B)

Information Report.

(1)

Applicants for any permit required pursuant to the terms of this chapter shall provide such information and reports as are required by Lakebed Management. In establishing the information and reports that shall be

provided, Lakebed Management shall require such information and reports as will demonstrate the applicant's compliance with the provisions of this chapter and as will adequately depict:

(a)

The site;

(b)

The proposed construction or use and the nature thereof;

(c)

Existing conditions on and near the site;

(d)

Probable effects on the environment of the proposed construction or use;

(e)

Wetlands in the area; and

(f)

The location of the property lines relative to the proposed project.

(2)

Lakebed Management shall require a site water quality plan to be prepared that will detail procedures for containment when control of pollutants and/or erosion is required.

(3)

Lakebed Management shall submit permit applications to Community Development Department for CEQA Review.

(4)

When the Community Development Department determines that the proposed construction or use, because of its sensitive nature or proposed location, poses potentially significant environmental hazards, it shall require the applicant to provide such scientific analysis and expert opinion as will adequately explore the same.

(a)

This information may be required in the form of an Initial Study or Environmental Impact Report pursuant to the requirements of the California Environmental Quality Act (CEQA); and

(b)

The Community Development Department may also require other information, feasibility studies, reports or environmental studies consistent with the Lakebed Encroachment Permit Environmental Review Policy as are reasonably necessary to evaluate shorezone applications.

Any application for an Administrative Encroachment Permit submitted without

sufficient information to adequately review a proposal or use may be rejected by Lakebed Management within thirty (30) calendar days from the date of receipt by Lakebed Management pursuant to Section 65943 of the Government Code. Any such rejection may be appealed to the Planning Commission or the Board of Supervisors pursuant to Section 23-4.10 for a decision on the adequacy of the application.

(A)

Approval or denial by Lakebed Management of permits required pursuant to Section 23-4.10 for construction projects which are Categorically Exempt from the requirements of CEQA pursuant to the State CEQA Guidelines or exempt from CEQA as determined by the Lakebed Encroachment Permit Environmental Review Policy and for which a variance is not required shall become final subject only to an appeal pursuant to Section 23-4.4.10, below.

(B)

Application for permits required pursuant to Section 23-4.1 for construction projects which require an Initial Study or Environmental Impact Report to comply with the provisions of CEQA shall be submitted by the Community Development Department to the Planning Commission for action thereon when said application is deemed to be complete.

(C)

Applications for projects for which a variance is requested shall be submitted by the Applicant to the Community Development Department for action thereon by the Planning Commission when the application is deemed to be complete.

The Planning Commission shall take final action whether to approve the project with appropriate findings, to require modification and mitigation of the negative impacts of the project, or to reject such application within one year after the application is deemed to be complete. If the Planning Commission does not take final action within one year, the permit shall be deemed approved. For purposes of this section, an application is deemed complete thirty (30) days after the date of receipt by the Community Development Department unless rejected pursuant to Section 23-4.5, supra.

(A)

Prior to any action by Lakebed Management, notice shall be sent by first class mail to all owners of all littoral parcels within one hundred (100) feet of the property lines of the parcel upon which the proposed project is to be constructed at least fourteen (14) calendar days prior to any determination being made by Lakebed Management. Said notice shall briefly describe the proposed project and indicate the date that

Lakebed Management intends to make a determination on the project. The notice shall further indicate that anyone may submit in writing an objection to the proposal to be considered by Lakebed Management.

(B)

In considering any application for an administrative encroachment permit, Lakebed Management, under Section 23-4.6(A) and (B) above, shall approve such permit only if it is expressly found that it meets the applicable standards and requirements of this chapter.

(C)

Notice of any determination by Lakebed Management shall be sent by first class mail to all parties of interest within five (5) working days of the determination. Said notice of determination shall indicate the last day on which an appeal may be taken pursuant to Section 23-4.10.

(A)

In passing upon an application for an administrative encroachment permit, Lakebed Management shall impose such reasonable conditions of development or use as are necessary and appropriate to minimize or eliminate effects that the development or use may have on the public trust purposes of commerce, navigation, recreation, fisheries, and the public's right to maintain the project site in its natural state.

(B)

Public access to a particular area of foreshore shall be evaluated by Lakebed Management. No administrative encroachment permit shall be issued if it results in blockage of access to the general public over the affected portion of the foreshore.

If the proposed project will encroach upon the public lands in the nearshore, the

administrative encroachment permit issued under the terms of this chapter must require as a condition thereof that the permittee enter into an encroachment lease of said public lands. Said lease shall be for a term of sixty-six (66) years or for such shorter period of time as Lakebed Management deems appropriate.

The Board of Supervisors shall establish, by ordinance, annual fees for encroachment leases which shall be paid to Lakebed Management.

(A)

In General. Any non-enforcement action or determination by Lakebed Management or the Planning Commission under the terms of this chapter shall be final in the absence of an appeal.

(B)

Lakebed Management Action. Any non-enforcement action or determination by Lakebed Management may be appealed to the Planning Commission by any party of interest as follows:

An appeal may be filed in writing within fourteen (14) calendar days of the action or determination.

The appeal must be filed with the secretary of the Planning Commission.

Payment of the appropriate fee must accompany the appeal.

The secretary of the Planning Commission shall set a hearing for said appeal and mail to the appellant written notice of the time, date and place of said hearing at least fourteen (14) calendar days prior to said hearing. The Planning Commission may affirm, reverse, or modify the determination of Lakebed Management.

(C)

Planning Commission Action. Any non-enforcement action or determination by the Planning Commission may be appealed to the Board of Supervisors by any party of interest as follows:

An appeal may be filed in writing within seven (7) calendar days of the action or determination.

The appeal must be filed with the Clerk of the Board of Supervisors.

Payment of the appropriate fee must accompany the appeal.

The Clerk of the Board of Supervisors shall set a hearing for said appeal and mail to the appellant written notice of the time, date and place of said hearing at least ten (10) working days prior to said hearing. The Board of Supervisors may affirm, reverse or modify the determination of the Planning Commission. The action of the Board of Supervisors shall be final.

Planning Commission decisions of administrative appeals not initiated by a County enforcement action may be appealed to the Board of Supervisors in accordance with the provisions of Section 58.30 et seq., of Chapter 21.

(A)

The Planning Commission shall have the power to hear and decide administrative appeals based on the enforcement or interpretation of the provisions of this chapter. Appeals of enforcement actions which consist of the issuance of a citation for a violation of this chapter shall not be allowed.

(B)

A written notice of violation or stop work order issued by a County Official or authorized employee may be appealed to the Planning Commission as follows:

The appeal must be filed in writing within five (5) working days of receipt of the notice of violation or stop work order.

The appeal must be filed with the secretary of the Planning Commission.

Payment of the appropriate fee must be made at the time the appeal is filed.

(C)

Upon receipt of such administrative appeal and any required fee, the secretary of the Planning Commission shall set the matter for hearing at the next available regularly scheduled meeting of the Commission. Notice of the time, date and place of the hearing shall be provided to the appellant at the time of filing the appeal.

(D)

The Planning Commission shall render its decision at the close of the hearing.

(E)

The Planning Commission decisions on all enforcement appeals shall be final.

(Ord. No. 2460, § 1, 1-18-2000)

established that the proposed use, operation, alteration, construction, or activity will 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.

proposed use, operation, alteration, construction, or activity will:

(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.

(Ord. No. 2460, § 1, 1-18-2000)

Piers, docks, buoys, boat

ramps, and launching facilities, shall be located such that the standards established in Sections 23-5.1 and 23-5.2 are not violated. No pier shall be located in such a maimer as to interfere with the littoral rights of adjoining property owners.

(A)

Where permanent structures are to be approved in order to provide lake access though wetland areas, the use of piers or elevated rail ramps is required to reduce the loss of wetland habitat.

(B)

Construction of concrete boat ramps is prohibited where they would supplant wetland and riparian vegetation on residential properties.

(C)

On commercial, resort or public properties, an administrative encroachment permit, reviewed and approved by the Planning Commission in the manner provided in Section 23-4.6(B), shall be required for the construction of a boat ramp. Contribution to a lake-wide, no net loss program may be required as a condition of the administrative encroachment permit.

The placement of all piers,

docks, buoys, boat ramps or launching facilities shall be permitted only within an area and to a depth defined as follows:

(A)

An area within lines extended parallel to and ten feet (10′) inward of property lines extending lakeward from the high water mark (7.79 feet Rumsey) into the foreshore and nearshore. Lakebed Management may require verification of the location of the property lines by a legal record of survey. Piers, docks, buoys, boat ramps and launching facility structures shared by two (2) adjacent properties or more may qualify for a zero lot line setback."

(Ord. No. 2460, § 1, 3-2-99; Ord. No. 2503, § 1, 1-18-2000; Ord. No. 2664, § 1, 10-21-2003)

(B)

To a depth necessary for the safe mooring of a boat.

For purposes of this

chapter, contiguous parcels under the same ownership shall be considered a single parcel, except as provided in subsection 6.3(E), below.

(A)

An owner of a littoral parcel may be permitted to construct one pier or dock and one or two launching facilities other than a boat ramp within the area described in Section 23-6.2 for use in connection with the parcel by an individual or a family and guests if such pier, dock or launching facility will not violate the standards established in Sections 23-5.1, 23-5.2 or 23-6.1.

(B)

An owner of a littoral parcel may be permitted to construct one boat ramp within the area described in Section 23-6.2, for use in connection with the parcel by an individual or a family and guests if such boat ramp will not violate the standards established in Sections 23-5.1, 23-5.2 or 23-6.1.

(C)

Regulatory Buoys. An owner of a littoral parcel may be permitted to install one or more regulatory buoys within the area described in Section 23-6.2 if such buoy will not violate the standards established in Sections 23-5.1 or 23-5.2. More than one regulatory buoy may be permitted only if the application is reviewed and approved with appropriate findings by Lakebed Management.

(D)

Mooring Buoys. An owner of a littoral parcel may be permitted to install one mooring buoy within the area described in Section 23-6.2 for use in connection with the parcel by an individual or family and guests if such buoy will not violate the standards established in Sections 23-5.1 or 23-5.2.

(E)

Homeowner's Associations, Condominium and Townhouse Developments, Mobile Home Parks, Resorts and Commercial Properties.

(1)

If a homeowner's association, condominium or townhouse development or mobile home park owns contiguous littoral parcels as common property for its residents, guests or tenants, it may be permitted to construct one pier or dock and two (2) launching facilities, other than a boat ramp, for use in connection with the parcels by its residents, guests or tenants if such pier, dock or launching facility will not violate the standards established in Sections 23-5.1, 23-5.2 or 23- 6.1.

(2)

If a resort or commercial property owns contiguous littoral parcels for the use of its residents, guests, or tenants, it may be permitted to construct two (2) piers or docks and two (2) launching facilities, other than a boat ramp, for use in connection with the parcels by its residents, guests or tenants, if such piers, docks or launching facilities will not violate the standards established in Sections 23-5.1, 23- 5.2 or 23- 6.1. The second pier or dock shall be for the use of non-boating activities.

(3)

A single pier or dock with more than one launching facility may be placed within the area described in Section 23-6.2 if the application is reviewed and approved with the appropriate findings by the Planning Commission as provided by Section 23-4.6 (B). More than one boat ramp shall not be permitted.

(4)

For any proposed multiple launching facility, the structure shall not cover more than fifty percent (50%) of the shoreline frontage of the parcel or two hundred feet (200′), whichever is most limiting.

(Ord. No. 2616, § 1, 1-21-2003)

(A)

A pier or dock shall not be permitted that includes a rockfilled cribbing, sheet piling, closely spaced wood or metal pilings or any other construction that would significantly impair water circulation. To permit free circulation of water, piers or docks shall be floating or shall be built on a foundation which is at least ninety percent (90%) open.

(B)

Only those materials having no deleterious effect upon water quality shall be used in the construction of any nearshore or foreshore structure. The work site shall be kept free of waste materials which could enter the water. Toxic materials, including oil, fuel oil, gasoline, coolant, fluid filters, and other contaminants shall be transported off site and disposed of at an approved facility.

(C)

Regulatory buoys and mooring buoys shall be of a type approved by regulations of the U. S. Coast Guard. Vessels attached to mooring buoys shall conform to Title 14, Section 6600.1 of the California Code of Regulations.

(D)

Fish houses located on docks or piers shall be open on at least one side unless they occupy an area no greater than one hundred (100) square feet.

(E)

Construction methods shall minimize disturbance of the underlying lands of Clear Lake and shall eliminate any subsequent siltation or other pollution resulting from the construction operations. Lakebed management may require pre-approval of construction methods and a site water quality plan.

(F)

No structure within the nearshore or foreshore shall be constructed of any material which could subject members of the public to unreasonable risk of harm.

(G)

All floating structures shall be clearly marked with the owner's name and address.

(H)

All new structures shall be clearly marked with the street address of the property so that the address is visible from the water.

(A)

Length. Piers or docks shall not extend beyond a point where the water depth is greater than ten feet (10′) when the lake is at a level of zero on the Rumsey Gauge or that length necessary to dock or service the proposed number of boats, or one hundred feet (100′) measured lakeward from Zero Rumsey perpendicular to the shoreline, whichever is most limiting.

(B)

Height. No portion of any pier, dock or accessory thereto shall exceed a height of twenty feet (20′) above zero on the Rumsey Gauge.

(C)

Width.

(1)

The width of a residential pier or dock, including all of its parts, shall not exceed fifty percent (50%) of the shoreline frontage of the parcel or thirty-five feet (35′), whichever is most limiting.

(Ord. No. 2616, § 2, 1-21-2003)

(2)

The width of a single lane boat ramp shall not exceed fourteen feet (14′).

Lakebed Management may require piers or docks in the nearshore or extending

lakeward from the nearshore to display in a conspicuous manner hazard lighting or similar devices as aids to navigation of a type approved by regulation of the United States Coast Guard.

(A)

All floating structures placed or constructed upon the waters of Clear Lake must be securely attached to an immovable structure to prevent the floating structure from becoming a navigational hazard.

(B)

Any unattended, lost, abandoned or unsecured structure found floating upon the waters of Clear Lake or in the nearshore or foreshore of the lake that has a value less than two hundred dollars ($200.00) may be

removed by any police agency of a city, the Sheriff of Lake County, or the staff of Lakebed Management. The recovered structure may be disposed of at the discretion of the agency that removed it.

(C)

Any unattended, lost, abandoned, or unsecured structure found floating upon the waters of Clear Lake or in the nearshore or foreshore of the lake that has a value in excess of two hundred dollars ($200.00) shall be removed by Lakebed Management and stored for a period of three (3) months. If at the end of the three (3) months, no owner appears and proves his ownership, Lakebed Management shall cause a notice of the lost structure to be published at least once in a newspaper of general circulation. If, after seven (7) days following the first publication of the notice, no owner appears and proves his ownership, the structure shall be used by the County of Lake as it deems proper, or sold by the Purchasing Agent of Lake County. If the Purchasing Agent is unable to sell any such structure, it may be disposed of at the discretion of Lakebed Management.

(D)

Before any such structure is returned to its owner, or the proceeds from the sale of any such structure are deposited into the County Treasury, the owner or the Purchasing Agent shall pay to the Lakebed Trust Fund storage fees at the rate often cents ($0.10) per square foot of structure per day of storage, reasonable costs for towing and transporting such structure to the place of storage, and the cost of publication of any notice required by this section.

(Ord. No. 2460, § 1, 1-18-2000)

(A)

Jetties and breakwaters shall not be built in locations where there is a high probability that such construction will cause beach material and sediment to be lost from the foreshore.

(B)

Jetties and breakwaters shall not be built in violation of the standards established in Sections 23-5.1 and 23-5.2.

(C)

Breakwaters shall not be connected to the shore unless Lakebed Management finds that a shore- connected breakwater will not cause significant harm to water quality, the nearshore or foreshore, or underlying lands.

(A)

Jetties and breakwaters shall be constructed with openings which allow adequate free circulation of water and sediment through the protected area to minimize conditions which increase eutrophication.

(B)

No jetty or breakwater having a solid or nearly solid structure shall be permitted to be constructed within the lake, unless it is established to the satisfaction of Lakebed Management on the basis of environmental or other technical documents, that the proposed structure will not significantly increase erosion or decrease circulation in the nearshore or foreshore.

(C)

Size, number and locations of openings in jetties or breakwaters shall be approved by Lakebed Management on the basis of environmental or other pertinent technical documents, to minimize erosion or to create conditions which would increase circulation in the nearshore or foreshore.

(Ord. No. 2460, § 1, 1-18-2000)

Jetties and breakwaters shall not be constructed of unstable, soluble

materials, or untreated wood cribbing or any material likely to have a deleterious effect on the water.

(Ord. No. 2460, § 1, 1-18-2000)

When submitting an application for a marina or harbor, the applicant shall provide

information as required by this chapter and shall include a Development and Maintenance Plan. The plan shall state the manner in which the applicant will assure compliance with the provisions of this chapter in the design, placement, construction and maintenance of any jetty, breakwater, pier, shorezone protective structure, nearshore or foreshore facility, or other construction or alteration to be undertaken in connection with the marina or harbor.

(A)

No marina or harbor shall be permitted in unstable locations or locations where there is a high probability that such construction will cause beach material and sediment to be lost from the foreshore without providing stabilization as determined by Lakebed Management.

(B)

No marina or harbor shall be built in violation of the standards established in Sections 23-5.1 and 23-5.2.

(C)

When permitted, marinas and harbors, shall be located in the following areas unless the applicant can demonstrate to the satisfaction of Lakebed Management that such an area is unavailable or would be inconsistent with the purposes and objectives of this chapter and that the alternative site chosen will be consistent with the purposes and objectives of this chapter:

(1)

In a depth of water that will minimize the need for dredging.

(2)

In natural inlets to avoid the use of breakwaters.

(A)

Docks or piers on piling, rather than dredging, shall be used to provide access to boats, wherever possible.

(B)

Materials used to stabilize marinas, harbors or pier structures shall have no deleterious effect on water quality.

(A)

Restrooms, pump-out facilities for boat sewage receptacles, and trash receptacles for other boat wastes shall be provided at all new commercial marinas and harbors.

(B)

New boat washing facilities in commercial marinas or harbors shall be connected to a sewage system with appropriate traps, or an acceptable waste disposal system that has been approved by County of Lake Environmental Health or Special Districts.

The owner or operator of a new marina or harbor may be

required to furnish an annual monitoring report, in writing, to Lakebed Management which shall include information concerning water quality, current patterns and intensities, shore alterations, and any other conditions which could be altered by the construction of the marina or harbor for a reasonable period not to exceed four (4) years after completion of the facility.

(Ord. No. 2460, § 1, 1-18-2000)

Shorezone protective structures shall be used only where

protection of the backshore is of greater importance than beach preservation or where less disruptive methods have failed to prevent erosion or protect existing backshore improvements.

(A)

Shorezone protective structures shall be limited to the minimal shore frontage necessary to protect existing structures. A return wall shall be required at the end of a retaining wall to prevent erosion. The remaining foreshore on the parcel shall be naturally protected from further erosion or disturbance through administrative encroachment permit conditions.

(B)

Shorezone protective structures shall be constructed of only those materials which are stable, insoluble or have no deleterious effect upon water quality.

(C)

Shorezone protective structures shall be constructed to a minimum height of 11.5 feet above zero on the Rumsey Gauge.

(D)

Any material excavated for a shorezone protective structure shall be placed in the backshore or removed from the site and shall not be allowed to re-enter the foreshore or nearshore.

(E)

Where a shorezone protective structure is required in connection with a marina or harbor, it shall be carried deep enough below the bottom of the lake to prevent movement of backfill materials into the water.

(Ord. No. 2460, § 1, 1-18-2000)

New navigation structures will not be permitted in the lake unless the need for

such structures has been adequately demonstrated to Lakebed Management for purposes of safety and protection of property.

Boats shall not be occupied as housing on the waters of the lake for longer than fourteen

(14) consecutive days in any one year period. For purposes of this section, "occupied" shall mean the presence of any person or persons using the boat for housing, or the presence of any personal property of the person or persons occupying the houseboat whether or not the person or persons are physically present.

The Lake County Board of Supervisors may temporarily set aside portions of Clear

Lake for designated uses when it finds that such uses are appropriate but require special regulations or separation from other uses. An administrative encroachment permit from Lakebed Management shall be required for all special events as defined by this chapter. The administrative encroachment permit shall require that a special event area be clearly marked and that special regulations be posted. Permits issued for racing events shall require that areas of the lake specified to be closed for racing are given advance public notice and are monitored at all times during the event.

(Ord. No. 2460, § 1, 1-18-2000)

(A)

Construction shall be performed in a manner to minimize disturbance of vegetation, water quality, the underlying lands of the lake, or any other characteristic of the nearshore or foreshore.

(B)

Materials utilized for any purpose in the nearshore or foreshore shall be chemically inert and insoluble and shall not harm water quality and clarity. No debris, soil, silt, cement, oil, or other such foreign substance shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of Clear Lake. When operations are completed, any excess materials or debris shall be removed from the work area. No deleterious material shall be used for any purpose in Clear Lake.

(A)

No fill shall be placed within the nearshore or foreshore in the absence of a finding by Lakebed Management that the fill operation will:

(1)

Improve the water quality of Clear Lake; or

(2)

Improve another specified nearshore or foreshore condition without degrading the water quality of Clear Lake.

(B)

No fill shall be placed in the nearshore or foreshore without first obtaining, in addition to the administrative encroachment permit:

(1)

Regional Water Quality Control Board Certification (CWA Section 401).

(2)

U. S. Army Corps of Engineers CWA Section 404 permit.

(3)

California Department of Fish and Game Streambed Alteration Agreement.

(4)

CEQA Review (County of Lake Community Development Department).

(5)

Grading Permit (County of Lake Community Development Department).

(A)

No dredging operations shall be conducted within the nearshore or foreshore in the absence of a finding by Lakebed Management that the dredging operation will:

(1)

Improve the water quality of Clear Lake; or

(2)

Improve another specified nearshore or foreshore condition without degrading the water quality of Clear Lake.

(B)

An administrative encroachment permit shall be required for routine maintenance dredging pursuant to Section 23-13.5.

(C)

Where dredging is permitted, dredged materials shall not be deposited in the nearshore or the foreshore, in lake waters, in wetlands, or within any designated 100-year floodway or any tributary to the lake in the absence of a finding by Lakebed Management that the dredging operation will:

(1)

Improve the water quality of Clear Lake; or

(2)

Improve another specified nearshore or foreshore condition without degrading the water quality of Clear Lake.

(A)

No person shall discard or discharge into the waters of the lake or place within the nearshore or foreshore, any contaminating or polluting substance of any kind, including, but not limited to, litter, waste products, trash or motor oil.

(B)

No person shall use any motor or container which leaks oil or gas into the waters of the lake.

(C)

No person shall allow oil from a bilge pump to enter the lake. Bilge pump operation is allowed provided the bilge water is free of oil and other contaminants.

(D)

No burning of construction debris, yard trimmings, or clippings or any other imported debris shall be allowed in the nearshore or foreshore.

(A)

All projects approved for an administrative encroachment permit shall incorporate best management practices in the design of foreshore stabilization, slope design and slope protection.

(B)

A site water quality plan may be required if Lakebed Management determines that the proposed project could increase sedimentation into Clear Lake. A site water quality plan could require the following:

(1)

Any grading or project related activity which may promote erosion and sedimentation into Clear Lake could be confined to the period April 15th through October 15th.

(2)

Any grading or project related activity shall have the same requirements as Subsection 12.2, "Fill".

(3)

Erosion protection measures shall be required for all exposed areas susceptible to significant erosion.

(Ord. No. 2460, § 1, 1-18-2000)

encroachment permit or in use under an encroachment lease shall be the responsibility of the owner of the parcel. The owner shall maintain the improvements in a proper and safe condition and in accordance with the provisions and purposes of this chapter at all times.

(A)

It is hereby declared to be a public nuisance and unlawful for any person to engage in any activity, use, or operation, or maintain or construct any structure which may have a significant impact on the nearshore or foreshore in any of the following ways:

(1)

Cause erosion or discharge of solid or liquid waste materials (e.g., soil, silt, clay or sand) into the lake waters;

(2)

Impair water quality;

(3)

Impair water clarity;

(4)

Impair fish spawning areas;

(5)

Impair life or existence of any animal or plant forms.

Abatement procedures may be instituted as set forth in Chapter 13 of this Code or in any other applicable provision of law.

(B)

If Lakebed Management finds that improvements constructed pursuant to an administrative encroachment permit or in operation or use under an encroachment lease are not being maintained or operated in a safe condition or are not being maintained or operated in accordance with the provisions and purposes of this chapter, the following action shall be taken:

The owner of the parcel shall be notified in writing of the improper or unsafe condition or unlawful operation by Lakebed Management. The notice shall instruct the owner to correct the improper or unsafe conditions or unlawful operations. if the owner fails to act as required within thirty (30) calendar days of said notice Lakebed Management shall notify the Community Development Department who may declare the structure, improvement or operation to be a nuisance and may proceed to abate the nuisance pursuant to the procedure set forth in Chapter 13 of this Code or in any other applicable provision of law.

(C)

If the Board of Supervisors determines that any structure or improvement has been abandoned, it shall declare such structure or improvement to be a public nuisance and abatement procedures may be instituted as set forth in Chapter 13 of this Code or in any other applicable provision of law.

The owner of a structure that is in place under an encroachment lease shall notify Lakebed

Management of its removal. Removal of a structure or improvement within the nearshore or foreshore shall not require an administrative encroachment permit from Lakebed Management; however other permits may be required under other provisions of law.

An administrative

encroachment permit must be obtained from Lakebed Management before the removal of sediment or shoals from lagoons, harbors, channels, inlets or other boating facilities adjacent to Clear Lake. Before such a permit is granted, the applicant shall establish and Lakebed Management shall find that such maintenance work will not adversely affect water quality. A site water quality plan may be required. Applicant must show the following:

(A)

Need for removal of sediment.

(B)

Method of removal of sediment.

(C)

Measures that will be taken to prevent mixing of sediment with water of the lake.

(D)

Plans for disposition of sediment shall conform to subsection 12.3(C).

(Ord. No. 2460, § 1, 1-18-2000)

continued subject to the following condition:

(A)

Mooring or regulatory buoys that do not conform to the provisions of this chapter shall be re-located and re-constructed to conform with the applicable provisions of Section 23-6 or shall be removed at the owner's expense within thirty (30) days.

(A)

Permit Application.

(1)

A no fee administrative encroachment permit application must be submitted to Lakebed Management before undertaking repairs to a non-conforming structure.

(2)

When the cost of necessary repairs of a non-conforming structure exceeds fifty percent (50%) of the total current replacement cost of the existing structure before damage, an administrative encroachment permit will be required and must be obtained from Lakebed Management before undertaking any repairs. The structure shall be repaired or re-constructed to conform with the provisions of this chapter or shall be removed by the owner at his/her expense.

(3)

Any proposed addition to a non-conforming structure shall comply with all the provisions of Chapter 23.

(B)

In every instance when repairing, adding to or bringing a non-conforming structure into conformity with this chapter, approval by all appropriate governmental agencies shall be obtained before work is undertaken.

(Ord. No. 2460, § 1, 1-18-2000; Ord. No. 2616, § 3, 1-21-2003)

property owners and the public:

(A)

On residential properties, within the nearshore and foreshore of littoral parcels, management activities that result in the death of woody species (i.e. willow, cottonwood, buttonbush) and tules (scripus sp., bulrushes) is prohibited. The above types of vegetation may be mowed, pruned or trimmed so long as it does not result in the death of the plant.

(Ord. No. 2616, § 4, 1-21-2003)

(B)

On commercial, resort or public properties, an administrative encroachment permit shall be required for beach clearing. Contribution to a lake-wide, no net loss program may be required as a condition of the administrative encroachment permit.

(C)

Maintenance of existing cleared beaches without the destruction of vegetation in new areas is specifically allowed. Accumulated data will document these cleared beaches.

(Ord. No. 2460, § 1, 1-18-2000)

because of special circumstances or unique conditions applicable to the property involved, a strict

application of the provisions of this chapter works a hardship (other than economic) on the property. Where such conditions are found, the variance permitted shall be the minimum departure from existing regulations necessary to avoid such hardship, to facilitate a reasonable use, and which will not create significant probabilities of harmful environmental consequences. In no case may a variance be granted that will provide the applicant with privileges not enjoyed by other similarly regulated properties.

the proposed use, operation, alteration, construction, or activity will:

(A)

Further a general statewide interest; and

(B)

Be consistent with the public rights of commerce, navigation, fishery, recreation and preservation of the project site in its natural state; and

(C)

Not result in substantial interference with public use of the lake's navigable waters; and

(D)

Not violate any other provision of law.

(Ord. No. 2460, § 1, 1-18-2000)

Secs. 23-17—23-19. - Reserved.

provisions of this chapter.

(A)

Lakebed Management shall suspend an administrative encroachment permit when its terms and conditions are violated.

(B)

Lakebed Management shall revoke an administrative encroachment permit when the permittee has failed to cure a violation after a suspension of thirty (30) days.

(C)

Lakebed Management shall provide the permittee and the leaseholder or his successor with ten (10) days prior written notice of the suspension or revocation. The notice shall specify the grounds for the suspension or revocation, the action necessary to cure the violation and length of suspension.

(D)

All construction shall cease during such time as a permit is suspended. When a permit is revoked, the permittee shall return the affected area, as near as is practicable, to the same conditions existing prior to the issuance of the permit.

(E)

A person whose permit is suspended or revoked may appeal the action to the Planning Commission pursuant to the provisions of Section 23-4.11.

hundred dollars ($100.00), or as a misdemeanor by a fine of not more than five hundred dollars ($500.00), or by imprisonment in the County jail for a period of not more than six (6) months, or by both such a fine and imprisonment. Each and every day during any portion of which any violation of this chapter is committed, continued, or permitted shall be deemed a separate offense.

(Ord. No. 2460, § 1, 1-18-2000)

citation powers pursuant to Section 836.5 of the Penal Code:

(A)

Director of Public Works.

(B)

Assistant Director of Public Works.

(C)

Clear Lake Lands Coordinator.

(D)

Water Resources Program Manager.

(E)

Engineering Technician.

(Ord. No. 2616, § 5, 1-21-2003)

laws relating to the waters and bed of the waters of Clear Lake, County of Lake.

(Ord. No. 2460, § 1, 1-18-2000)