URGENT: CALL TO ACTION, Planning Commissioner’s Mtg 11/13/19, 9 a.m.
CALL TO ACTION FOR 11/13/19 Santa Cruz County Planning Commissioners meeting on the proposed LCP. Meeting starts at 9 a.m. on the 5th Floor Board of Supervisor’s Chamber, 701 Ocean Street, Santa Cruz, CA.
Please plan to attend this important meeting, as this may be your LAST Chance to provide public input on the County’s Proposed LCP before it is forwarded to the Board of Supervisors for approval on December 10, 2019.
Board of Supervisors to delay vote on the County’s LCP until 12/10/19
On 10/8/19 Board of Supervisors meeting, the Board moved to delay the vote on the County’s LCP until 12/10/19, accepting Planning Committee’s Staff Recommendation for revised alternative language to be incorporated into the LCP, address additional concerns expressed by stakeholder groups, and will be heard by the Planning Commissioners on 11/13/19. The Supervisor’s passed a resolution to direct the Planning Staff to:
1. Clarify language that pre-existing permits for shoreline protection (armoring devices) shall not be altered.
2. Review and modify language on “Hold Harmless, Indemnification, and Release of Liability” to be recorded on the property deeds.
3. Explain under what conditions the Sand Mitigation fees would be applied, to which areas of the coastline, and how the fees would be determined. Provide examples, and identify areas such as Pajaro Dune and Beach Drive which will not be subject to Sand Mitigation Fees.
4. Identify areas of coastal hazards requiring immediate attention and coastal protection to include Opal Cliffs, Sections of East Cliff Drive, Capitola Bluffs etc. and strive for a uniform protective structure which will protect and enhance public access
5. Revise the triggers for allowing coastal armoring devices for emergent protection to within 15 feet of structure
6. Provide property owners with incentives to replace revetment rocks where feasible with more modern forms of protection such as engineered seawalls with increased public access and sand collection
7. Allow the LCP to be revised periodically, as the conditions of Sea Level Rise change, updating triggers.
8. Meet the the key stakeholders again before the LCP is presented to the Planning Commissioners on 11/13/19
CPOA-SC Public Comment at Board of Supervisor’s meeting 10/8/19
SANTA CRUZ COUNTY BOARD OF SUPERVISORS MEETING
Board of Supervisors Agenda Item 7892, 10/8/19
My name is Steve Forer, and I am President of Coastal Property Owners Association of Santa Cruz County, representing over 600 coastal property owners. I am here to speak to Consent Item #7892, regarding the County’s Proposed Local Coastal Program Public Safety Element. We have submitted a letter of support to you which should be in your file. 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 three remaining issues which must be clarified in the revised LCP:
1. Term and conditions for existing shoreline protection (armoring devices) shall not be altered and the property owners shall be allowed to maintain their shoreline protection according to the term of their initial permits. Existing shoreline protection must be taken into consideration when calculating the useful life of structures and required set back of structures for new or redevelopment permits.
2. The language used in the LCP regarding recordation on property deeds of “Hold Harmless”, Indemnification, and Waver of Liability” needs to be revised to specify the specific purpose and term of the liability release.
3. 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. Property owners may offer improved public access and protection from beach erosion in lieu of 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.
Thank you for your time
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.
Proposed Changes to LCP Under Consideration
On 10/8/19, County Board of Supervisors will consider additional changes to the LCP, and if agreed, the LCP will be sent back to the Planning Commissioners for review and approval on 10/23, and back to the Board of Supervisors on 11/5/19. Initial review of the proposed changes appears to address most of the CPOA concerns, but a more careful review is needed.
Call to Action for Board of Supervisor’s Meeting 10/8/19
We have met with Kathy Malloy and David Carlson of the Planning Department to share our continued concerns about the proposed LCP, and have submitted a letter with detailed suggestions for changes to enhance the LCP and provide further clarification where needed. Without these changes, we feel the LCP is flawed and incomplete. If these changes in the LCP are not made, we would urge the Board of Supervisors on 10/8/19 to reject the County’s proposed LCP and send the document back to the Planning Department for further revisions to address the concerns of the Coastal Property Owners.
CPOA-SC Public Comment at Board of Supervisors meeting 9/24/19
Download [13.47...Meeting with Kathy Malloy & David Carlson 9/20/19
Steve Forer, President CPOA-SC, and Reed Geistrieter, CPOA-SC Treasurer met with Kathy Malloy and David Carlson at the County Planning Department on Friday, September 20th. Although they were receptive to our additional changes in the proposed LCP, they have not yet...The Truth About Sea Level Rise – Professor Gary Griggs
Professor Gary Griggs gave a presentation at the CPOA-SC Annual Meeting on 9/15/19. According to Professor Griggs the local sea level (San Francisco & Monterey tide gauge) has only risen about 1.6 inches in the last 20 years, and is expected to rise 0.6 to 1.4 feet by 2050, and 3.5 – 4.4 feet by 2100, based on moderately conservative forecasting models. However, the Coastal Commission is requesting coastal communities plan for a 10 foot rise in the sea level, which exceeds most forecasting models.