Jan 11, 2023 | California Coastal Commision News, California Coastal News
Superior Court of CA has ruled against the CCC in their interpretation of “Pre-existing structures which are entitled to shoreline protection”. In the case of Casa Mira Homeowner’s Association (San Mateo) vs the CCC, the Court ruled the CCC exceeded the authority and limitations of the Coastal Act in their interpretation of section 30235, that only “Pre-existing Structures present before the passage of the Coastal Act (1977) were entitled to any shoreline protection”. The Court finds that CCC has mis-interpreted an ambiguous section of the Statue, and is attempting to add new language restricting any new shoreline protection for existing costal structures. The Court further stipulated that any existing structure (present tense) is entitled to shoreline protection if it is in danger of coastal erosion, provided that the shoreline protection device does not restrict public access to the beaches and shoreline.
Oct 21, 2022 | California Coastal Commision News, Santa Cruz County, Santa Cruz County: Capitola / Depot Hill, Santa Cruz County: Opal Cliffs, Santa Cruz County: Pleasure Point / East Cliff Drive, Santa Cruz County: Rio del Mar / Aptos
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.
Oct 14, 2022 | California Coastal Commision News
Coastal Commissioners accepted staff recommendations and denied the County’s proposed LCP Amendments at the CCC Hearing 0n 10/14/22. Specifically, they found the proposed LCP was not consistent with the Coastal Act, was poorly written, and did not adequately address the impact of sea level rise on public beaches, access to the coastline, surf and waves. There were opposed to modifying their definition of “Existing Structures” as of 1977, the proposed “Shoreline Protection Area”, and wanted a plan to address the effects of SLR on coastal erosion and loss of public beaches, that would require “managed retreat” in urban areas of the County. They also wanted a plan that was area specific, for each neighborhood. The Commissioners do not plan to send any more specifics beyond what was included in the CCC staff report of 9/30/22. They encouraged the County to continue to work with the CCC staff to identify and resolve the major differences and resubmit a revised LCP for reconsideration in 2023.
Oct 12, 2022 | California Coastal Commision News, Santa Cruz County, Santa Cruz County: Opal Cliffs, Santa Cruz County: Pleasure Point / East Cliff Drive, Santa Cruz County: Rio del Mar / Aptos
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.
Oct 11, 2022 | California Coastal Commision News
Steve Forer, President of CPOA-SC, will present the following Testimony at the CCC Hearing on 10/14/22
Oct 11, 2022 | Articles - Misc, California Coastal Commision News
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.
Oct 10, 2022 | California Coastal Commision News
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.
Oct 6, 2022 | California Coastal Commision News
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.
Oct 4, 2022 | California Coastal Commision News, Santa Cruz County, Santa Cruz County: Coastal Access / Public Right-Of-Way, Santa Cruz County: Opal Cliffs, Santa Cruz County: Pleasure Point / East Cliff Drive, Santa Cruz County: Rio del Mar / Aptos
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.
Oct 4, 2022 | California Coastal Commision News, Santa Cruz County: Opal Cliffs
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.