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.

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.

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.

Urgent Call to Action – Opal Cliffs Coastal Property Owners

If your Coastal Property is located in the County’s Proposed “Shoreline Protection Exception Area” extending approximately 1.4 miles from Soquel Point (APN # 028-304-72) to the Capitola City border, we need your help! We are asking coastal property owners in the “SPEA” to write letters of support for the proposed uniform seawall and send to the Coastal Commissioners by October 7, 2022.

CPOA Response to CCC Staff Final Report 9/30/22 on the County’s Proposed LCP Amendments – Coastal Hazards, set for CCC Hearing 10/14/22

A copy of the Final CCC Staff Report can be downloaded from: https://documents.coastal.ca.gov/reports/2022/10/F10e/F10e-10-2022-report.pdf. CCC Staff have recommended to the California Commissioners that the proposed LCP Amendments be denied. The Board of Supervisors MUST withdraw the proposed LCP Amendments, or the County and property owners may face significant consequences from the CCC as they try to maintain their shoreline protection, or redevelop the property.

Major Differences between CCC’s Position vs. County Proposed LCP:
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.

County Board of Supervisors Voted Not to Withdraw the proposed LCP Amendments

On September 20, 2022 the County Board of Supervisors voted not to withdraw the proposed LCP Amendments for Coastal Beaches and Bluffs, but to allow it to go to the Coastal Commissioners for Hearing on October 13, 2022. It is anticipated that the Coastal Commissioners will reject (deny) the proposed LCP Amendments, and send it back to the County for revision and resubmittal. The Supervisors directed the Planning staff to begin setting up meetings with CCC staff, CCC Regional Officers and major stake holders beginning in early 2023, with the goal of resubmitting LCP amendments that can be certified by CCC by October 2023. This is also tied to Housing Element which is due by December 2023.

SANTA CRUZ COUNTY TO WITHDRAW ALL OF THE PROPOSED LCP AMENDMENTS SUBMITTED TO THE COASTAL COMMISSION FOR CERTIFICATION.

Without a formal written review, Coastal Commission staff has informed County staff they intend to recommend denial of the amendments related to coastal hazards, including LCP Safety Element 6.4 (Land Use Plan) for Coastal Beaches and Bluffs, and the Geological Hazards sections (Implementation Plan chapter 16.10), which were deferred for review by CCC until this summer. Therefore the County Planning Department Staff has recommended to the Board of Supervisors that the entire LCP proposed amendments be withdrawn. CPOA has requested the County share all feedback received from the CCC regarding the LCP Safety Element 6.4 (Land Use Plan) for Coastal Beaches and Bluffs, and the Geological Hazards sections (Implementation Plan chapter 16.10).