20121211 Staff Report All Attac
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ATTACHMENT #1 Local Coastal Program Amendments (LCPA) Issue Analysis The following is a summary of the remaining LCPA issues not discussed at the October 2 and November 13, 2012 Board of Supervisors hearings. The previous hearings addressed issues related to Agriculture and Biological Resources only. TABLE OF CONTENTS I. Sea Level Rise and Marin’s Coast ..................................................................................................... 2 II. Wind Energy Conversion Systems (WECS) (Coastal) ..................................................................... 5 III. Public Facilities and Services ............................................................................................................ 9 IV. Transportation ................................................................................................................................... 16 V. Overnight Accommodations ............................................................................................................ 18 1 December 11, 2012 BOS Attachment #1 LCPA Issue Analysis I. Sea Level Rise and Marin’s Coast BOARD ACTION REQUIRED: STAFF RECOMMENDATION: Staff recommends Board approval of Policy C-EH-22, and Programs C-EH-22.a and C-EH-22.b of the PC-Approved LCPA Land Use Plan. • See LCPA Land Use Plan, p. 37 ALTERNATIVE: No Alternatives for Board Consideration. BACKGROUND: A. ISSUE: An overwhelming scientific consensus points to climate disruption and accelerated sea level rise affecting the world and our part of it here in Marin over the coming years and decades. Local sea level rise could cause increasing coastal flooding, greater loss of beaches and bluffs and the human habitations and facilities sitting on them, the drowning of coastal wetlands, permanent or periodic inundation of low-lying areas and roads, and salt water intrusion into stormwater systems and aquifers. Proposed amendments to the existing LCP policies in the Environmental Hazards section would provide a detailed analysis of the vulnerabilities and risks of Marin’s natural, built and human resources, and develop timely, wise and effective responses and adaptation strategies. B. INTENT: The Current LCP does not explicitly address sea level rise; in fact the Coastal Act itself did not mention it until a 1992 amendment listed it as one of the concerns the Coastal Commission should “interact with the scientific and academic” community on. However, the Coastal Act section 30253(a) does require that new development shall: (a) Minimize risks to life and property in areas of high geologic, flood, and fire hazard; and (b) Assure stability and structural integrity, and neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of protective devices that would substantially alter natural landforms along bluffs and cliffs. The intent of the proposed amendments in the Environmental Hazards chapter of the LCPA Land Use Plan is to utilize the best available science to determine what areas of the coast will be affected; how that will change over time; what homes, facilities, infrastructure, and natural resources are vulnerable; and what options are available to anticipate, plan for and adapt to these changes. LCPA Policy C-EH-22 incorporates these objectives, while Program C-EH-22.a describes the future research, analysis and planning that should be accomplished as a basis for developing additional specific policies and actions to respond to the challenge of sea level rise along Marin’s coast. 2 December 11, 2012 BOS Attachment #1 LCPA Issue Analysis I. Sea Level Rise and Marin’s Coast Sea level rise has also been added to other identified hazards in Policy C-EH-2 (Avoidance of Environmental Hazards); as a factor to be evaluated in determining the safety of New Blufftop Development (Policy C-EH-5); and in future planning for Highway One (Policy C-TR-3: Impacts to Highway One from Sea Level Rise). C. RELEVANT LCPA POLICIES: • LCPA Land Use Plan: Policy C-EH-22, and Programs C-EH-22.a and C-EH-22.b (p. 37) o Also relevant: LCPA Policies C-EH-2 (p. 32), C-EH-5 (p. 33), and C-TR-3 (p. 99). C-EH-22 Sea Level Rise and Marin’s Coast. Support scientific studies that increase and refine the body of knowledge regarding potential sea level rise in Marin, and possible responses to it. Program C-EH-22.a Research and Respond to the Impacts of Sea Level Rise on Marin County’s Coastal Zone Shoreline. 1. Continue to gather information on the effects of sea level rise on Marin County’s Coastal Zone shoreline, including identifying the most vulnerable areas, structures, facilities, and resources; specifically areas with priority uses such as public access and recreation resources, including the California Coastal Trail, Highway 1, significant ESHA such as wetlands or wetland restoration areas, open space areas where future wetland migration would be possible, and existing and planned sites for critical infrastructure. Any vulnerability assessment shall use best available science and multiple scenarios including best available scientific estimates of expected sea level rise, such as by the Ocean Protection Council [e.g. 2011 OPC Guidance on Sea Level Rise], Nation Research Council, Intergovernmental Panel on Climate Change, and the West Coast Governors Association. 2. Based on information gathered over time, propose additional policies and other actions for inclusion in the LCP in order to address the impacts of sea level rise. As applicable, recommendations may include such actions as: a. relocation of existing or planned development to safer locations, working with entities that plan or operate infrastructure, such as Caltrans; b changes to LCP land uses, and siting and design standards for new development, to avoid and minimize risks; c. changes to standards for wetland, ESHA, and stream buffers and setbacks; d. changes to standards for erosion rates; e. modifications to the LCP Access Component to ensure long term protection of the function and connectivity of existing public access and recreation resources; and f. modifications to the Regional Transportation Plan. Program C-EH-22.b Study Bluff Retreat. The County shall seek funds for a study to identify threats of bluff retreat taking into account accelerated sea level rise. D. CCC ISSUE: The Coastal Commission staff made several suggestions for further detail in the Sea Level Rise policies, which were incorporated into the text that was approved by the Planning Commission. In addition, specific sources of scientific input were included Program C-EH-22.a(1), at the request of Commission staff. E. OTHER INPUT: There has been general support for addressing sea level rise. 3 December 11, 2012 BOS Attachment #1 LCPA Issue Analysis I. Sea Level Rise and Marin’s Coast F. STAFF ANALYSIS: The LCPA policies and programs for sea level rise provide a framework for moving forward to develop specific strategies and future LCP Amendments providing detailed responses to the problems sea level rise will create. The CDA has been working with the Our Coast Our Future (OCOF) project, a collaboration of the Gulf of the Farallones National Marine Sanctuary, PRBO Conservation Science, USGS Pacific Coastal and Marine Science Center, the National Oceanic and Atmospheric Administration, the National Park Service and others. OCOF is modeling vulnerabilities from sea level rise and storm hazards (including factors such as water levels, wave heights, flooding and erosion), mapping infrastructure and ecosystem vulnerabilities at the scale useful for management action, and providing support tools and interactive maps. Cooperating and partnering with OCOF’s effort will give the County a good start on carrying out Program C-EH-22.a, and staying ahead of the rising sea. 4 December 11, 2012 BOS Attachment #1 LCPA Issue Analysis II. Wind Energy Conversion Systems (WECS) (Coastal) BOARD ACTION REQUIRED: STAFF RECOMMENDATION: Staff recommends Board approval of the WECS regulations approved by the Planning Commission in the LCPA Development Code. • See LCPA Development Code Sections 22.32.190 (p. 10), 22.64.045 (p. 56), and 22.130.030 (p. 177). ALTERNATIVE: The Board may want to consider the following alternative in coastal zoning districts: • Prohibit freestanding WECS in all districts • Allow roof-mounted WECS in all districts (height limit = 10’ above roof line) BACKGROUND: A. ISSUE: The regulation of Wind Energy Conversion Systems (WECS) in the Coastal Zone. B. INTENT: To allow for WECS in the Coastal Zone where appropriate as a means to support renewable energy, applying strict siting, design, and development standards to ensure the protection of coastal resources. C. RELEVANT LCPA POLICIES AND DEVELOPMENT CODE SECTIONS: o LCPA Land Use Plan: Policies C-EN-4, C-EN-5, and C-EN-6; and Programs C-EN-4.a and C-EN-4.b (p. 83) o LCPA Development Code: Sections 22.32.190 (p. 10), 22.64.045 (p. 56), and 22.130.030 (p. 177). D. CCC ISSUE: None. All previous issues raised by CCC staff have been addressed and suggested changes incorporated into the Local Coastal Program Amendment (LCPA). E. OTHER INPUT: West Marin-Sonoma Coastal Advocates (WMSCA): The WMSCA representatives have repeatedly expressed strong opposition to any type of WECS being allowed in the Coastal Zone and have requested that they be prohibited altogether. They have voiced concerns about potential harmful impacts to visual resources, wildlife, and to the health of those living near WECS. Renewable energy experts: