Chapter 6.10 Geohazzard Code Ammendments – changes since 3-10-20 Attachment-27627

Chapter 6.10 Geohazards Code Amendments – LCP for Coastal Bluffs & Beaches. Red-lined changes since the Board of Supervisor’s meeting on 3/10/20

Notice of Public Hearing, Board of Supervisors vote on the LCP 9/1/20

The County has proposed alternative language to address greater flexibility in the “one time only” limitation on major redevelopment/replacement structures pursuant to the Board of supervisor’s motion on 3/10/20. A copy of the red-lined document with changes made since 3/10/20 draft, should be available by 8/28/20 for public review. Go to the County website: https://santacruzcountyca.iqm2.com/citizens/default.aspx?

CPOA-SC will have a virtual conference call with Kathy Molloy & David Carlson of Santa Cruz Planning Dept to discuss proposed changes in the LCD and Code Amendments on 8/19/20

CPOA-SC and representatives from Pajaro Dunes are confirmed for a virtual conference call on Wednesday August 19, 2020 at 4 p.m. to review the proposed changes to the County LCP.  CPOA’s proposed  revisions incorporate changes necessary to clarify that the so called...

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 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.

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.