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Home My WebLink AboutCC AG PKT 2010-02-08 #L AGENDA STAFF REPORT DATE: February 8, 2010 TO: Honorable Mayor and City Council THRU: ' David Carmany, City Manager SUBJECT: RECEIVE AND FILE - NOTICE OF VIOLATION FROM THE CALIFORNIA COASTAL COMMISSION SUMMARY OF REQUEST: Receive and file Notice of Violation from the California Coastal Commission and draft response letter from the City Manager. BACKGROUND: The City received a letter from the Coastal Commission dated January 28, 2010 stating multiple reports have been filed regarding City vehicles traversing across the property located at the Seal Beach sand dunes at the Second Street beach access road, adjacent to the Rivers End Cafe parking lot at the end of First Street. The letter indicates that City staff has created a vehicle thoroughfare in this area, without a coastal development permit, causing Toss of native vegetation. A draft response letter to the California Coastal Commission is attached. FINANCIAL IMPACT: No impact. RECOMMENDATION: Receive and file Notice of Violation from the California Coastal Commission and draft response letter from the City Manager. Agenda Item - L STATE OF CALIFORNIA — NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor CALIFORNIA COASTAL COMMISSION , South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802 -4302 (562) 590-5071 NOTICE OF VIOLATION OF THE CALIFORNIA COASTAL ACT REGULAR AND CERTIFIED MAIL January 28, 2010 RECEIVED David Carmany, City Manager JAN 2 2010 City of Seal Beach 211 8th Street Gil;yt� ° lager's ttice Seal Beach, CA 90740 Violation File Number: V -5 -10 -002 Property location: Seal Beach sand dunes located at the 2 Street beach access road, adjacent to the "Rivers End Cafe" parking lot at the end of 1 Street; City of Seal Beach; County of Los Angeles Unpermitted Development: Establishment . of a vehicle thoroughfare across a protected habitat (sand dunes). Damage to native vegetation. . Dear Mr Carmany: We have received multiple reports of City vehicles traversing across the sand dunes located at the 2 Street beach entrance. Our staff conducted a site visit on January 25, - 2010 and confirmed the establishment of multiple thoroughfares (from driving across the sand dune system) resulting in the loss of native vegetation. The Coastal Act protects sand dunes because they are: 1) natural landforms; 2) visual resources that provide a dramatic scenic backdrop to the wide sandy beaches of Southern California; and 3) designated Environmentally Sensitive Habitat. Areas (ESHA). Dune habitats are ESHA because they support exceedingly rare ecosystems, easily disturbed by human. activities. - The Dunes located at 2 Street support a wide range of native vegetation including beach primrose (Ca cheiranthifolia), beach sand verbena (Abronia umbellate) and beach bursage (Ambrosia chamissonis). Unfortunately, where vehicles repeatedly drive across the dune structure most of the native vegetation has been destroyed with no opportunity for reestablishment. Section 30106 of the Costal Act defines "Development" as 1 The Coastal Act is codified in sections 30,000 to 30,900 of the California Public Resources Code. All further section references are to that code, and thus, to the Coastal Act, unless otherwise indicated. V -5 -.10 -002 (Seal Beach) Page2of3 "Development" means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of the use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvest of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations.... [underlining added] The creation of vehicle thoroughfares constitutes development under the Coastal Act because they increase the density and intensity of land use (i.e. change the landscape from natural and undeveloped to a vehicle thoroughfare) and remove major vegetation from a protected habitat. Under the Coastal Act any development within the .Coastal Zone requires a coastal development permit. Any development activity conducted in the Coastal Zone without a valid coastal development permit constitutes a violation of the Coastal Act. Commission staff 'does not believe that we could recommend approval of a coastal development permit to authorize continued use of the dunes as a vehicle thoroughfare because such activity is not consistent with the policies of the Coastal Act. Specifically, Section 30251 limits the alteration of natural landforms in order to protect the scenic and visual qualities of coastal areas. Sand dunes are a vanishing landform in Southern California and their rare presence improves the scenic and visual character of a beach. Also, Section 30240(a) protects ESHA against any significant disruption and Section 30240(b) requires that development adjacent to any ESHA is sited to prevent impacts. Violations involving unpermitted development that cannot be authorized through a coastal development permit may be resolved administratively by restoration of any damaged resources. In this case, restoration can be accomplished by prohibiting vehicles from traversing across the sand dunes. There appears to be several convenient, alternative routes City vehicles could use to access the beachfront including entering through the 1 Street parking lot or driving around the sand dune system. 1 /hi are !� le we a.., confident this can be resolved administratively, we should also inform you of the provisions of the Coastal Act generally pertaining to resolution of violations: Section 30809 states that if the Executive Director of the Commission determines that any person has undertaken, or is threatening to undertake, any activity that may require a permit from the Coastal Commission without first securing a permit, the Executive Director may issue an order directing that person to cease and desist. Additionally, Section 30810 states that the Coastal Commission may also issue a cease and desist order if unpermitted development is inconsistent with the policies of the Coastal Act and is causing continuing resource damage. Finally, Section 30811 authorizes the Commission to order restoration of a site where development occurred without a permit from the Commission, is inconsistent with the Coastal Act, and is causing continuing resource damage. In order to resolve this violation in a timely manner we are requesting that you instruct city employees to no longer drive over the sand dunes and to access the beach front using an V -5 -10 -002 (Seal Beach) Page3of3 alternative route. Please contact me by no later than February 12, 2010 regarding how you intend to resolve this issue. If you have any questions regarding this letter or the pending enforcement case, please feel free to contact me at (562) 590 -5071. Thank you for your assistance. Sincerely, 1 Groothuis South Coast District Enforcement • cc: Lisa Haage, Chief of Enforcement, CCC Patrick Veesart, Southern California Enforcement Supervisor, CCC Teresa Henry, South Coast District Manager, CCC Karl Schwing, Orange County Permit Supervisor, CCC Andrew Willis, South Coast District Enforcement Analyst -x' v e x ' 4: 'T' ''' 3° - ,ac �. _ - 4— ti 47A 'm .t ;k, y -u , ss U .S ; .-„ &r ''' 7 I s c r ' s - ' LH � ,- { ^ .= ' -1.4=7 }. •e .�?4+ v ? - 4 _ . � t ' ,'° ,A*r' ` y - �. ' •c: ^ t r z • � c i., ^-- .V4 n = ":� _ P , �,,, f 1 -1 F 7 ' Es ., --' �`' :::- . - --�' S . 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',•'te e k .,s � <N a 3 '1 �ss^v '.t'K- t . y a.,i.: � �^ � � • % , ,ita ., ; _ .. n r ; r, �. - -� .t"€'.'�.'.,"'� �sEi `' �t s,1_ s •r� *; ,~ it $e� ' , ;� l_ , _ . � �..� �� `�r< s ; � �- �� ,� `� i CIT' H 21 1 EIGF`IT S LRE .: �• 'Y v"° . 3 "� . _ - - -4: i k- ✓ 'r'' 4 . . , % l ' -k t •'C? U ? id a-4 '' \ Y_'1,4 .5... '. 3 w sr xr g �-,- w,.. .';�R c , pt n ', , ShAL BEACH CALIFORNI 9 01740 ' 5 = - { - ' — c.,:4 , mss ,- 1 t ,.. :ek s. ..> � : ^ "3 66 , i ' . e- iri t . e �` g � rI 6 2/ . ,x • , 2 wwvv ci -, ,z , , aeh„ .ZI, February 8, 2010 Li R A Fl IF Ja Groothuis South Coast District Enforcement California Coastal Commission 200 Oceangate, Suite 1000 Long Beach, California 90802 -4302 Re: Violation File No. V -5 -10 -002 Dear Ms. Groothuis, Thank you for your letter of January 28, 2010 regarding the Seal Beach sand dunes located at the 2 Street beach access road. The enhancement of a safe beach experience and full compliance with the Coastal Act is a goal shared by the City. As it has continuously since the 1960's well before adoption of the California Coastal Act, the City's Marine Safety Department opens at 8:00 am every morning: The lifeguard that opens up has many responsibilities including parking the trucks, filling out the surf and weather board, and readying any other equipment. Once the opening chores are done, the lifeguard is expected to take a morning patrol. . While most of the lifeguard patrols are done at the water line, their first patrol covers our entire area of responsibility. The lifeguard checks for any dangerous or potentially hazardous conditions on the beach, along with looking for any illegal activity. On this patrol, the lifeguard generally leaves Lifeguard Headquarters and drives along the waterline west, returns on back beach and then continues to east beach to patrol the waterline and back beach. This route takes the lifeguard unit on the path through the sand dunes. It is important for us to survey the entire beach to ensure public safety. Depending on the day and circumstances, this morning patrol will occur between 8:30 am and 10:30 am. This morning patrol has been part of our standard operating procedure for many years. Here's why. Over the years the Marine • Page Two February.8, 2010 Safety Department has come across many hazardous and /or illegal situations in the sand dunes, including broken glass, hot coals, illegal dumping, illegal camping, drug activity, drug paraphernalia, and suicide victims among other things. Atyour convenience, I'd be happy to meet to discuss your letter of January 28 further and in detail. Please call me at (562) 431 -2527, Ext. 1300. Sincerely, David Carmany City Manager DNC:js •