CPOA Testimony for the CCC Hearing on 10/14/22
Steve Forer, President of CPOA-SC, will present the following Testimony at the CCC Hearing on 10/14/22
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.
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.
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.
Party and Reception for Supervisor Manu Koenig and District 3 Candidate Shebreh Kalantar-Johnson on Wednesday October 12, 2022 from 6-8 p.m. to discuss our concerns about the County’s LCP.
CPOA Members are invited to a party and reception on October 12, 2022 from 6 – 8 p.m at the home of Steve Laub, located at 2866 S. Palisades Avenue in Pleasure Point to meet with Supervisor Manu Koenig and will have the opportunity to discuss what Santa Cruz’s potential next steps are given the Coastal Commission’s recent response to Santa Cruz’s LCP.
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.