FOWLER PACKING COMPANY et al. v COUNTY OF SANTA CRUZ, CALIFORNIA COASTAL COMMISSION

Petitioners are five property owners with a private driveway easement on Geoffrey Drive,
Santa Cruz, located on a bluff above Twin Lakes State Beach. Petitioners challenge the Coastal
Commission’s jurisdiction to (1) reverse the County’s exemption determination on their
application for a Development Permit to install a gate and fence on their easement; (2) require
Petitioners to either remove the gate and fence or apply for a Coastal Development Permit
(CDP); and (3) impose civil penalties if Plaintiffs refuse to remove the gate and fence to allow
public access to Twin Lakes State Beach. The CA Superior Court ruled that the CA Coastal Commission does not have the authority to impose unreasonable fines and fees to an approved application for Coastal Development Permit, after it has been approved by Santa Cruz County in accordance to it’s approved Local Coastal Plan.

Santa Cruz County Board of Supervisors to post-pone hearing on LCP until 9/1/20

Board of Supervisors to delay public hearing on the proposed Public Safety and Hazard Mgmt General Plan, Local Coastal Program, and County Code Amendments until 9/1/20. Staff report and recommendations should be available by 8/27/20. CPOA plans to meet with Kathy Molloy and David Carlson to review the revisions to the LCP before it is finalized

Santa Cruz County Board of Supervisors to may delay vote on LCP until December 2020

CPOA has continued to lobby the County of Santa Cruz for changes in the proposed Local Coastal Plan section 6.4 (Coastal Bluffs & Beaches) and implementation plan (“IP”) chapter 16.10 (Geologic Hazards) regarding the “one time only limitation” on major redevelopment/replacement structures along the coastline. According to Supervisor John Leopold, the Planning Department has asked to delay any action until December 2020. Supervisor Leopold has met with County Counsel, Kathy Molloy – Director of the Planning Department, and Carlos Palacios – County Executive Director, to make the language changes pursuant to his approved motion at the Board of Supervisor’s meeting on 3/10/20. Hopefully, these changes will be made soon and the revised LCP will be presented to the Board of Supervisors by the end of the Summer.

New Bill Would Let Coastal Homeowners Make Improvements to Prevent Bluff Collapse

The legislation (SB 1090) presented by Sen. Patricia Bates, a Republican from Laguna Niguel, to the Senate Natural Resources and Water Committee in Sacramento would obligate public agencies and private owners of seafront property in San Diego and Orange Counties to mitigate coastal erosion.

SB 1090 would require the Coastal Commission to review and approve a public agency’s or homeowner’s application for erosion-mitigation efforts in regard to planting, drainage and seawall or other reinforcing structures. Approved applicants also would have to pay for the costs of sand replenishment and permit processing.

As California beaches reopen, seawall construction becomes legislative battleground

Homeowners fighting sea level rise say going to the Coastal Commission for any form of protection has increasingly become a non-starter. This new legislation (SB 1090), supporters say, would streamline a frustrating permitting process that could ultimately save lives. They point to the bluff collapse in Encinitas last summer that killed three women.

Santa Cruz County Planning Dept Public Hearing 5/27/20 @ 9:30 a.m. on Short Term Vacation Rental Policies during COVID-19

Public Hearing to review and provide recommendations to the Board of Supervisors on proposed amendments to the county code regarding the use of Short Term Vacation Rentals during COVID-19 pandemic. For more information on the remote Public Hearing contact Michael Lam at (831) 454-3371 or Project Planner – Jocelyn Drake at (831) 454-3127.

SB-1090 Coastal erosion: installation of shoreline protective devices: application process.(2019-2020)

CA bill will amend the application process for shoreline protection devices for Orange and San Diego Counties, to limit Sand Mitigation Fees to $25,000 per parcel or 1% of assessed value, and outlines an appeal process for denied applications. If passed, it is unclear if this bill will affect other Counties.

New Santa Cruz Public Health Order for Limited Beach Access

As of Friday May 1st @ 11:59 p.m., the Beaches (sand) will be closed from 11 a.m. – 5 p.m., but water sports (such as surfing, boggie-boarding, swimming, paddle boarding, kayaking, and boating) will be allowed. People will be allowed to cross the sand to go to the ocean, but can not sit or lay on the sand or rocks. No other activities will be permitted on the beaches between 11 a.m. – 5 p.m.

Before 11 a.m. or after 5 p.m., the beaches (sand) will be open for exercise activities such as walking, jogging, running, or walking your dog. You must be moving at all times. No sitting, lying, standing, sunbathing, sight seeing, congregating, or picnicking is permitted. The following items will be prohibited on the beach; umbrellas, shade structures, tents, BBQs and grills, coolers, beach chairs or other conveyances for sitting and lying.

This order will remain in effect until further notice or modification by the County Health Officer.

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.