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.

Final Red-lined version 16.10 Safety Code Amendments 3/10/20

Consolidated red-lined final version of Chapter 16.10 Safety Hazard Code Amendments, does not reflect any of the input provided by CPOA in our meetings with Kathy Molloy on 1/10, 2/28, and letter from Derric Oliver dated 2/7/20. In addition, there are many inconsistencies between 6.4 Safety Elements – LCP and Chapter 16.10 Safety code Amendments.

Planning Dept Staff Report to Board of Supervisors 3/10/20

Planning Dept staff Report to the Board of Supervisors regarding Agenda item 8532 Continued public hearing to consider resolution amending the General Plan/Local Coastal Program Public Safety Element and Safety Code Amendments. Planning Department staff failed to adequately justify the reason for including the “one time” limitation on major redevelopment/replacement to structures in coastal hazard zones.