CPOA’s Summary of the CCC Hearing on 10/14/22
The Commissioners voted (9:0) to reject the Santa Cruz County’s proposed LCP Amendments, and sided with the Surfriders, and recommendations on the CCC Staff Report. The CCC Staff report asserted that the LCP Amendments were poorly written, with many internal inconsistencies, were not consistent with the Coastal Act (1977), which generally prohibits any new shoreline armoring, and most existing armoring may need to be removed to allow managed retreat to preserve the public beaches as sea level rises.
CCC Hearing; Commissioners accepted staff recommendations and Denied Santa Cruz County proposed LCP Amendments
Coastal Commissioners accepted staff recommendations and denied the County’s proposed LCP Amendments at the CCC Hearing 0n 10/14/22. Specifically, they found the proposed LCP was not consistent with the Coastal Act, was poorly written, and did not adequately address the impact of sea level rise on public beaches, access to the coastline, surf and waves. There were opposed to modifying their definition of “Existing Structures” as of 1977, the proposed “Shoreline Protection Area”, and wanted a plan to address the effects of SLR on coastal erosion and loss of public beaches, that would require “managed retreat” in urban areas of the County. They also wanted a plan that was area specific, for each neighborhood. The Commissioners do not plan to send any more specifics beyond what was included in the CCC staff report of 9/30/22. They encouraged the County to continue to work with the CCC staff to identify and resolve the major differences and resubmit a revised LCP for reconsideration in 2023.
County letter to CCC re LCP Amendments for Hearing on 10/14/22
The County staff is committed to pursuing the clearest and quickest route to getting an LCP amendment certified by the Coastal Commission which is reasonable and feasible for the County to implement to address sea level rise, and to continue to meet with CCC staff and major stakeholders to reach consensus where possible. It is imperative that the LCP amendment effort which has taken over 6 years to get to this point, not be abandoned.
CPOA Testimony for the CCC Hearing on 10/14/22
Steve Forer, President of CPOA-SC, will present the following Testimony at the CCC Hearing on 10/14/22
SmartCoast Comment letter re Santa Cruz County LCP – CCC Hearing on 10/14/22
We do not believe that the Coastal Commission is faced with an either/or choice when it comes to coastal policy
decisions as we describe in the above section entitled Shoreline Protection A balanced approach was taken by
the Coastal Commission to protect the shoreline and existing structures with the approval of the East Cliff Drive
County Parkway on December 13, 2007, CDP-07-19 & A-3-SCO-07-015 approved with conditions. Property owners are afforded certain rights and those rights are delineated in The Fifth Amendment of the US
Constitution and the Constitution of the State of California Article I – Declaration of Rights – Section 1. Should
the CCC take actions that require a property owner to allow the ocean to consume their structure, effectively
taking it for a public use, it is imperative that there be an established mechanism to pay full market value for the
property that is being sacrificed for the planning goals of preserving the beach and comport with the Takings
reference in the Coastal Act, Section 30010.
Call to Action from the Santa Cruz County Association of Realtors
The Coastal Commission staff does not support Santa Cruz County’s proposed Local Coastal Program Amendment (LCPA) to protect the shoreline, bluffs and existing development, particularly in the area in which your property is located along the coastal bluffs and will likely be recommending denial to their Commissioners on October 14. We urge you to submit a comment in support of the proposed LCP amendments before 10/12/22. Please click on the attached link to submit your comments directly to the Coastal Commissioners.
Santa Cruz County Association of Realtors – Requests your support for the County’s proposed LCP Amendments
The Coastal Commission staff does not support Santa Cruz County’s proposed Local Coastal Program Amendment (LCPA) to protect the shoreline, bluffs and existing development, particularly in the area in which property is located along the coastal bluffs and will likely be recommending denial to their Commissioners on October 14. Expressing your support for the County’s proposed policies through written comment for the certification hearing will be vital to helping the County protect its residents while planning for sea level rise. Without strong public support, the Commission is unlikely to compromise with the County, which would set local adaptation action back by years. Click on the SCCAR’s link to submit your comments.
Temporary fencing approved for debated Rio Del Mar patio walkway
After months of back and forth, a Santa Cruz Superior Court judge finalized his ruling this month in favor of securing Rio Del Mar private owners’ rights to a beachside walkway. Now, 27 defendants named in a civil case involving Rio Del Mar Beach Island Homeowners Association have been green-lighted to begin placing temporary 6-foot fencing at either end of the walkway abutting a row of patios on the beach side of 202-300 Beach Drive.
CPOA’s Comment Letter to CCC re the County’s Proposed LPC Amendments, for CCC Hearing on 10/14/22
CPOA’s letter to CCC outlines our position on the following topics as part of the County’s Proposed LCP Amendments, scheduled for a CCC Hearing on 10/14/22.
Major Differences between CCC’s Position vs. County Proposed LCP: CPOA’s Response to:
A. CCC’s definition of “existing structures” being those structures which were present prior to the Coastal Act (January 1, 1977).
B. No new armoring for existing structures or redevelopment in coastal hazard zones.
C. Existing Armoring (Revetment Rocks) along East Cliff Dr. between the Harbor and Soquel Point may need to be removed as the public beaches shrink due to sea level rise.
D. The requirement for all property owners with existing shoreline protection (seawalls or revetment rocks) to file a “Monitoring, Maintenance, and Repair Plan (MMRP)” and to routinely inspect, maintain, and repair the shoreline structures and prevent any seaward migration.
E. When necessary, managed retreat to move structures inland to preserve public access and beaches.
F. Shoreline Protection Exception Area (SPEA). The County had proposed a “Shoreline Protection Exception Area, extending approximately 1.4 miles from Soquel Point (APN # 028-304-72) to the Capitola City border.