New Santa Cruz Public Health Order for Limited Beach Access

As of Friday May 1st @ 11:59 p.m., the Beaches (sand) will be closed from 11 a.m. – 5 p.m., but water sports (such as surfing, boggie-boarding, swimming, paddle boarding, kayaking, and boating) will be allowed. People will be allowed to cross the sand to go to the ocean, but can not sit or lay on the sand or rocks. No other activities will be permitted on the beaches between 11 a.m. – 5 p.m.

Before 11 a.m. or after 5 p.m., the beaches (sand) will be open for exercise activities such as walking, jogging, running, or walking your dog. You must be moving at all times. No sitting, lying, standing, sunbathing, sight seeing, congregating, or picnicking is permitted. The following items will be prohibited on the beach; umbrellas, shade structures, tents, BBQs and grills, coolers, beach chairs or other conveyances for sitting and lying.

This order will remain in effect until further notice or modification by the County Health Officer.

Back off the beach and the rising sea? No way some California cities say!

The City of Del Mar and surrounding communities are apposed to being forced to consider moving all structures away from the beaches and cliffs, to allow for rising sea levels. As long the the California Coastal Commission insists that their Local Coastal Plan includes the concept of “managed retreat”, the city of Del Mar and property owners are apposed to any further revisions to their LCP to address sea level rise. According the the Pacific Legal Foundation, the commission has been heavy-handed, favoring relocation over armoring the coast with sea walls, jettys and other barriers intended to protect homes. Coastal property owners have the right to protect their properties with appropriate armoring devices, until it is no longer possible.

4/17/20 Derric Oliver letter, CPOA proposed changes to Section 6.4 Safety Elements – LCP, and chapter 16.10 Geologic Hazards Code Amendments

Derric Oliver, attorney from Fenton Keller, representing CPOA-SC, submitted a letter on 4/17/20 to Kathy Molloy, Director of Planning & Building Development for the County of Santa Cruz, outlining the latest proposed changes to the LUP & IP Local Coastal Plan for Coastal Beaches and Bluffs. On March 10, 2020, the County Board of Supervisors adopted a motion from Supervisor Leopold directing County planning staff to make certain revisions to the proposed LCP updates. CPOA’s proposed revisions incorporate changes necessary to clarify that the so called “one-time-only” rule is not a general development limitation, but instead applies only to the redevelopment or replacement of existing homes damaged or destroyed due to coastal processes (e.g., wave action, sea level rise/inundation, erosion) and to exceptions to the required geologic hazards setback where appropriate. These revisions also help clarify when shoreline armoring will be considered in calculating the required minimum setback. CPOA shared these proposed revisions with Supervisor Leopold and it appears they are consistent with the intent of his adopted motion. The changes are in addition to those requested by the CPOA in Derric Oliver’s letters to Kathy Molloy dated February 7, 2020 and March 6, 2020.

CCC pushes homes back from the ocean bluffs

In a recent decision the California 4th District Court of Appeal sided with the California Coastal Commission on the 60-foot mandate for set back of new home on coastal bluff in Encinitas, Southern California. The property owner will not be able to rely on any shoreline protection, and must build the new home 60 feet from the bluff’s edge to meet the 75 year projected coastal erosion. A couple, who recent bought this property for $1.8M had hopes of building a new home overlooking the cliffs and beaches with only a 30 – 40 foot set back. But now, they must move the structure farther inland with no views of the cliffs or ocean surf. This is what could happen to Santa Cruz Coastal Property owners, if the County does not get a revised Local Coastal Plan approved by the CCC.

CPOA Position Statement & Letter to Board of Supervisors 3/7/20

We are opposed to the Board of Supervisors adopting these documents as is. Instead we urge the Board of Supervisors to direct County planning staff to take more time in refining these documents, and make our requested changes as indicated in our CPOA Letter dated 3/7/20 and letter from Derric Oliver dated 3/6/20.

Amended letter from Derric Oliver to Kathy Molloy 3/6/20

Attached please find amended letter from Derric Oliver to Kathy molloy on behalf of the Santa Cruz County CPOA dated 3/6/20 further commenting on the Santa Cruz County’s proposed LCP amendments, specifically, Land Use Plan section 6.4 (Coastal Bluffs & Beaches) and Implementation Plan chapter 16.10 (Geologic Hazards). As explained during our recent meeting on 2/27/20, the purpose and intent of the CPOA’s comments is not to criticize but to help ensure that the County’s updated LCP is sufficiently clear to the public and fairly balances the interests of the County, its constituents, and in protecting coastal resources.