County Board of Supervisors to Delay Public Hearing on new Revisions to the LCP Section re Coastal Beaches and Bluffs to 12/12/2023

BOS item 57 (13633) on 12/6/22, to defer and set a Public Hearing for 12/12/2023 on the new proposed amendments to the Amendments to the LCP Safety Element 6.4 (Land Use Plan) for Coastal Beaches and Bluffs, and the Geological Hazards sections (Implementation Plan chapter 16.10). On October 14, 2022 the Coastal Commission denied a portion of the amendments addressing development on coastal bluffs and beaches. The
timeline for these updates is estimated to include most of 2023. Therefore, staff is
recommending this item be deferred to December 12, 2023.

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.

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.

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.

Rio Del Mar, Beach Dr. Property Owners win lawsuit against the County

Property owners of 200 – 300 Beach Dr., (29 properties) won law suite against County of Santa Cruz for unlawful seizure of walkway in front of the homes. The judge ruled that the County did not hold title to this walkway, had previously declined claim of public right of way, and did not provide any maintenance or improvements to protect the public right of way. Therefore, the County could not claim any rights to the walkway.

Coastal Commission Delayed review of Santa Cruz County LCP Amendments

The Proposed Santa Cruz County LCP Amendments for Coast Beaches & Bluffs have been filed with the Coastal Commission, who is scheduled to meet with County officials in the next few weeks to discuss identified issues and timing for changes. The CCC Hearing on the County LCP Amendments will most likely be delayed from this Fall until Early Winter 2022. For more information, contact Kevin Kahn, at CCC: kevin.kahn@coastal.ca.gov

Response from CCC on their review of the County’s proposed LCP

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.