20100511_es

COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Planning and Building Department

DATE:

April 30, 2010

BOARD MEETING DATE:

May 11, 2010

SPECIAL NOTICE/HEARING:

10-Day Notice

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Jim Eggemeyer, Interim Director of Community Development

SUBJECT:

EXECUTIVE SUMMARY: County Response to the California Coastal Commission’s Action on the Midcoast Update Local Coastal Program Amendments

RECOMMENDATION

1.

Conduct a public hearing regarding the County’s options for responding to the California Coastal Commission’s action on the Midcoast Update Local Coastal Program amendments.

2.

Adopt a resolution acknowledging receipt of the California Coastal Commission’s suggested modifications to the Midcoast LCP Update and directing staff to develop a resubmittal and request an extension to the timeframe to file the resubmittal.

BACKGROUND

On December 10, 2009, the California Coastal Commission (CCC) denied certification of the Midcoast Update Local Coastal Program (LCP) amendments submitted by the County in January 2007. The CCC then voted to approve the amendments subject to the County agreeing to accept 72 changes, as recommended by its staff (a copy of the CCC staff recommendation is available at http://documents.coastal.ca.gov/reports/2009 /12/Th18a-12-2009.pdf). The CCC’s action did not reflect any of the revisions to the CCC staff’s changes requested by the County, which were formulated after three Board of Supervisors hearings regarding the CCC staff recommendation, conducted in June, July, and December of 2009.

The County must now decide whether to accept the changes adopted by the CCC, and has six months from the date of the Commission’s action (until June 10, 2010) to do so, unless an extension is requested by the County and granted by the CCC. Therefore, the options available to the County are the following:

•

Adopt a resolution accepting the CCC’s changes in their entirety. The amendments, as revised by the CCC, would take effect on the date that the CCC determines that the resolution is legally adequate;

•

Vote to reject the changes, which would have the effect of leaving the existing LCP in place as the standard of review for coastal development permit applications; or,

•

Direct staff to develop an alternative version of the update that would be resubmitted for CCC certification.

DISCUSSION

Accepting the CCC’s changes would not be in the best interest of the County, and would undermine the balanced approach developed by your Board through the local process. As expressed by the Board on April 13, 2010, negative consequences include:

•

Concerns regarding the lot retirement requirement, including the application of this requirement to Conditional Certificates of Compliance and the potential problems associated with long-term maintenance of retired lots;

•

Concerns about instituting a temporary prohibition on wells, particularly in light of the progress being made in advancing understanding and management of groundwater resources;

•

Concerns about applying the modified amendments to permit applications currently in process; and

•

Concerns regarding exposure to litigation if the County accepts and applies the modified policies.

In light of these concerns, and in the interest of implementing the beneficial changes included in the County approved amendments, staff recommends that the Board of Supervisors adopt the resolution directing staff to develop an amendment resubmittal that replaces the problematic modifications with alternative policies that are acceptable to the County, and to request an extension of the timeframe required to file the resubmittal. A meeting with CCC staff to discuss this approach occurred on April 30, 2010. At the meeting, CCC staff expressed its interest in working with the County through the resubmittal process to develop alternatives to the suggested modifications of concern to the County.

Shared Vision 2025: The resolution to resubmit an updated version of the amendments is consistent with Shared Vision 2025 because the modifications proposed by the CCC will reduce opportunities for infill development that promotes livable, healthy, and prosperous communities the vision supports. Resubmittal of the amendments also provides an opportunity to promote solutions to the issues identified by the CCC, consistent with Shared Vision 2025 objectives for a livable community.

This report was reviewed by County Counsel and determined to be acceptable in form and content.

FISCAL IMPACT

Resubmittal of the amendments will require the use of limited staff resources that will delay progress on other priority projects.


				COUNTY OF SAN MATEO Inter-Departmental Correspondence Planning and Building Department

DATE:					April 30, 2010
BOARD MEETING DATE:					May 11, 2010
SPECIAL NOTICE/HEARING:					10-Day Notice
VOTE REQUIRED:					Majority

TO:			Honorable Board of Supervisors

FROM:			Jim Eggemeyer, Interim Director of Community Development

SUBJECT:			EXECUTIVE SUMMARY: County Response to the California Coastal Commission’s Action on the Midcoast Update Local Coastal Program Amendments

RECOMMENDATION
1.		Conduct a public hearing regarding the County’s options for responding to the California Coastal Commission’s action on the Midcoast Update Local Coastal Program amendments.

2.		Adopt a resolution acknowledging receipt of the California Coastal Commission’s suggested modifications to the Midcoast LCP Update and directing staff to develop a resubmittal and request an extension to the timeframe to file the resubmittal.

BACKGROUND
On December 10, 2009, the California Coastal Commission (CCC) denied certification of the Midcoast Update Local Coastal Program (LCP) amendments submitted by the County in January 2007. The CCC then voted to approve the amendments subject to the County agreeing to accept 72 changes, as recommended by its staff (a copy of the CCC staff recommendation is available at http://documents.coastal.ca.gov/reports/2009 /12/Th18a-12-2009.pdf). The CCC’s action did not reflect any of the revisions to the CCC staff’s changes requested by the County, which were formulated after three Board of Supervisors hearings regarding the CCC staff recommendation, conducted in June, July, and December of 2009.

The County must now decide whether to accept the changes adopted by the CCC, and has six months from the date of the Commission’s action (until June 10, 2010) to do so, unless an extension is requested by the County and granted by the CCC. Therefore, the options available to the County are the following:

•		Adopt a resolution accepting the CCC’s changes in their entirety. The amendments, as revised by the CCC, would take effect on the date that the CCC determines that the resolution is legally adequate;
•		Vote to reject the changes, which would have the effect of leaving the existing LCP in place as the standard of review for coastal development permit applications; or,
•		Direct staff to develop an alternative version of the update that would be resubmitted for CCC certification.

DISCUSSION
Accepting the CCC’s changes would not be in the best interest of the County, and would undermine the balanced approach developed by your Board through the local process. As expressed by the Board on April 13, 2010, negative consequences include:

•	Concerns regarding the lot retirement requirement, including the application of this requirement to Conditional Certificates of Compliance and the potential problems associated with long-term maintenance of retired lots;
•	Concerns about instituting a temporary prohibition on wells, particularly in light of the progress being made in advancing understanding and management of groundwater resources;
•	Concerns about applying the modified amendments to permit applications currently in process; and
•	Concerns regarding exposure to litigation if the County accepts and applies the modified policies.

In light of these concerns, and in the interest of implementing the beneficial changes included in the County approved amendments, staff recommends that the Board of Supervisors adopt the resolution directing staff to develop an amendment resubmittal that replaces the problematic modifications with alternative policies that are acceptable to the County, and to request an extension of the timeframe required to file the resubmittal. A meeting with CCC staff to discuss this approach occurred on April 30, 2010. At the meeting, CCC staff expressed its interest in working with the County through the resubmittal process to develop alternatives to the suggested modifications of concern to the County.

Shared Vision 2025: The resolution to resubmit an updated version of the amendments is consistent with Shared Vision 2025 because the modifications proposed by the CCC will reduce opportunities for infill development that promotes livable, healthy, and prosperous communities the vision supports. Resubmittal of the amendments also provides an opportunity to promote solutions to the issues identified by the CCC, consistent with Shared Vision 2025 objectives for a livable community.

This report was reviewed by County Counsel and determined to be acceptable in form and content.

FISCAL IMPACT
Resubmittal of the amendments will require the use of limited staff resources that will delay progress on other priority projects.