Letter to the Board of Supervisors 10/8/19
Attached, please find our letter of support for the County’s proposed changes to the Local Coastal Program and Public Safety Element. It appears that the Planning Department has addressed most of our concerns and is prepared to make additional changes to the LCP Amendments and it is moving in the right direction. We want to support the County’s effort to develop a Local Coastal Plan as long as it is practical and reasonable, and believe we are close.
There are still three major issues which require further change and clarification in the revised LCP.
1. The term and condition for pre-existing shoreline protection devices shall NOT be altered. Those permits issued in perpetuity, prior to or following the coastal act, or more recently issued by the County and Coastal Commission, shall NOT be changed. Property owners will be allowed to maintain their armoring devices according to the terms of their initial permits.
2. The concept of an “all cause and unlimited” release of liability, indemnification of the County and Coastal Commission, and “hold harmless” has recently been ruled unlawful in San Diego. Instead, the liability release to be recorded on the Property Deeds should be limited to potential harm or danger to the public or safety hazards due to natural erosion of cliffs, bluffs, sea level rise, storm surges or other natural events (resulting from the new development), for the useful life of the structures similar to the language on new County Permit applications. This language must also be in the LCP.
3. The “Sand Mitigation fees” proposed by the Coastal Commission are unreasonable, not based on proven scientific principles, and amount to excessive tax without representation. Therefore, any Sand Mitigation fees must be based on hard science and estimates of the actual potential sand loss which will occur at the site of the proposed armoring devices. Only a fraction of the mineral composition of the coastal cliffs will generate quality sand to replenish the beaches. 90% of the sand supply along the Santa Cruz Coastline comes from the rivers, streams and lagoons which dump into the ocean, according to Gary Griggs, professor and noted expert on sea level rise and coastal erosion at UC Santa Cruz. There is a natural and seasonal migration of the sand, which affects the sand levels at certain times of the year. These factors must be taken into consideration when determining any Sand Mitigation fees. Property owners may offer improved public access and protection from beach erosion in lieu of Sand Mitigation fees.
Only new permits for new coastal development or re-development (more than 65% of major structural components), and requests for new shoreline protection (armoring devices) shall be required to complete a coastal hazards assessment, file a release of liability, indemnification, and hold harmless document to be recorded on the property deeds, or may be subject to sand mitigation fees.
We further request a follow-up meeting with Kathy Malloy and David Carlson to review the revised LCP before it is presented to the Planning Commissions on 10/23/19.