This year, the California Legislature is doubling-down, having introduced more than a dozen bills intended to address sea level rise in some form or fashion. From a “takings” perspective, it appears the proposed legislation has been crafted broadly and in such a way as to avoid inverse condemnation or regulatory takings liability, but the real question will be how local jurisdictions implement the various programs (assuming the legislation is adopted).
CPOA requested an update from the California Coastal Commission’s on their review of the proposed amendments to Santa Cruz County’s Local Coastal Program relating to coastal bluffs and beaches (land use plan section 6.4) and geologic hazards (implementation plan chapter 16.10). No date has been set for CCC hearing as of yet on the proposed amendments.
The County has held two Zoom meetings on 2/3 & 2/17, to review proposed changes to the Live Oak Parking Program. 1) Expand the area covered to include all streets within two blocks of the ocean between the Harbor and Capitola City border (includes Opal Cliffs), 2) Extend seasonal permit from March to October (previously May to September), 3) Eliminate stickers and use Digital Parking App to obtain permits (seasonal and day use), 4) Seasonal permit fee $75 for residents and non-residents, 5) Temporary permit $2/hr for day use on Weekends and Holidays, 6) Residents will be allowed to register up to 5 vehicles but may only park one on the street at a time during restricted hours 11 a.m – 5 p.m. on weekends and holidays March – October, and 7) increased parking enforcement. The Live Oak Parking Program Application is expected to be submitted for Coastal Permit on March 1st, and to the board of Supervisors for approval on April 13th. New parking season begins on May 1st.
The Coastal Commission is scheduled to vote on Santa Cruz County’s proposed LCP Amendments for Temporary Use/structure permit, and revised Vacation Rental policy on 1/13/21. The rest of the LCP Amendments dealing with Shoreline Protection, and Sea Level Rise are expected to be reviewed by March 8, 2021, unless the deadline is extended by the CCC (up to one year).
According to a recent Blog by attorney Nossaman, the California Coastal Commission has changed their terminology and strategy from “Managed Retreat” to Coastal Resiliency”, and will not approve any new coastal armoring devices and wants the coastal cliffs and bluffs to erode naturally. For any new development, major redevelopment/replacement structures along the coastline in CA, property owners must agree as a condition of approval to waive the right to protect the new development from future sea level rise. For example, no sea wall to protect against bluff erosion. Another condition that is becoming more common, is the obligation to vacate the property when some amount of bluff erosion has occurred, or high-tide is within a certain distance from a structure.
At the CPOA Annual Zoom Meeting 11/12/20, David Carlson from the Santa Cruz County Planning Dept responded to questions raised by CPOA members regarding the recently approved Local Coastal Plan documents. A recording of this Zoom meeting with discussion from the 11/12/20 meeting will be posted on the CPOA website shortly.
We will be discussing the latest approved version of the Local Coast Plan documents. Please plan to participate. We have invited County Supervisor John Leopold and David Carlson from the Planning Department to participate in the discussion.
Examples of vertical seawalls, with stairs and horizontal public access pathways to increase public access, blend in with the environment and shore up eroding cliffs and beach bluffs. The estimated cost is between $800,000 – $1,200,000 per parcel depending on the size of the lot and vertical slope. According to the County’s approved LCP, the coastal bluffs from Soquel Point to the Capitola City border will be designated as a “Shoreline Protection Exception Area”, with the goal of constructing a uniform vertical seawall with horizontal public pathway and increased public access from 41st Ave to the Capitola City border. If approved by the Coastal Commission, the property owners would be able to form a Geologic Hazards Assessment District (GHAD) to help finance the costs of this uniform seawall along Opal Cliffs.
The Commission has released the Proposed Final Draft of the 2021-2025 California Coastal Commission Strategic Plan. The Strategic Plan provides a framework of goals, objectives, and actions to set priorities and guide the agency’s performance for the next five years.
The Proposed Final 2021-2025 Strategic Plan identifies 199 priority action items intended to be undertaken by the Commission over the next five years, organized under nine separate goals related to: Internal Agency Capacity and Effectiveness; Public Access; Coastal Resources; Climate Change and Sea Level Rise; Environmental Justice, Diversity, and Tribal Relations; Coastal Planning and Permitting; Enforcement; Public Presence and Partnerships; and Information Management and E-Government.
According to an article in the “Santa Cruz Local” , the California Coastal Commission will consider the LCP proposed by Santa Cruz County. If the Coastal Commission accepts changes to a Local Coastal Program that was approved unanimously by Santa Cruz County supervisors in September, the county will be on the vanguard of local governments in the state that are trying to manage expected sea-level rise. The changes try to strike a balance between sea-level-rise management, beach access and oceanfront property owners’ rights to redevelop and protect their homes.