0 Tioga AVE

From: Chuck Pooler <[email protected]> Sent: Thursday, July 15, 2021, 9:15 AM To: the Carmel Luxury Group Subject: RE: Questions These questions will take some time to compile answers as this is a complicated area. Now that I have an APN, I know where the property is. It's west of the freeway. This is all within an appealable coastal zone overlay. When I have some time, I will compose a reply to the questions. Chuck Response to FAQ: Hello. See below for responses to your inquiries. It took some time and research. Subject Property: APN 011-148-001 (no officially assigned address) Public Access: Tioga Avenue (marginally improved) Q. Are utilities available at this property? A. To the best of my knowledge and per some old utility plans I referenced, there are no electrical, gas, sewer, water, or other utility services that abut or are near the subject property. I did see on a Google Earth search that there is an overhead electrical pole about what looks like half way between the subject property and Sand Dunes Drive. What the service capacity of this extension is, I cannot say. That would be a PG&E question. The subject property is also downslope; so, installing sewer infrastructure would be, I imagine, challenging; but I'm not an engineer. Q. Is water available to build? A. The subject property is vacant and does not have water credited to it. The only water the City has left for development is from the City owned desalination facility. I've been told by Coastal Commission staff in the past that water from the desal plant cannot be allocated to development west of the freeway; but I could find no condition or restriction on that in the City's permit from the Coastal Commission to that effect; so, I'm not sure. Q. Can owners picnic on this property or put up a tent or park a camper? A. Parking a camper or any other vehicle or trailer off-road on undeveloped environmentally sensitive sand dunes is a definite no. Really? Common sense on that one. As for a picnic or tent, that's a difficult one to answer. So, let's break it down. The subject property, and a lot of the surrounding area, have environmentally sensitive federally and state protected species and habitats. Disturbance or destruction of those species is against the law and subject to penalties by U.S. Fish & Wildlife and California Fish and Wildlife. So, the prudent thing would be no picnic or place a tent. Additionally, Sand City Municipal Code Chapter 9.28 places restrictions on Camping activities, which states "It is unlawful to camp as defined in this chapter on the Sand City beaches and dunes as defined in this chapter at any time." So, erecting a tent would be in violation of this. Q. Does Sand City have a desalination plant yet? A. Yes, the City does have a desalination plant in operation. It has been providing water since about2011. It has a limited capacity, so the City is careful to assign water to projects that benefit the City and meets the goals of the General Plan. The City has full discretion to deny allocating water from the desalination plant within the limits specified by those agencies (not the City) that approved and/or permitted the desalination project. Q. Would an owner need to go through the Coastal Commission in order to build? A. The City has a Local Coastal Plan (LCP) that is certified by the California Coastal Commission. What this means is that the City is the initial jurisdiction to process applications within coastal zoned areas. But be aware, that everything west of the Freeway is appealable to the California Coastal Commission. Every private development project the City has approved west of HWY 1 has been appealed to the Coastal Commission. So even though the process begins with the City, in all likelihood, the Coastal Commission will eventually get involved and have final say. Coastal Commission action on an appeal overrides City actions. Q. Do you know what that process entails? A. As specified by the City's certified LCP, coastal development permit applications are initially submitted to the City of Sand City for processing. If environmental review is required (exceedingly likely for this property due to its coastal location and environmentally sensitive habitat) then that review must be completed prior to City action on any permit application. City action must include mitigation to address impacts to such habitat areas and implement requirements / restrictions of the LCP. Q. Are there any restrictions by the City as to what can be built on this property? A. This is a key question. According to the City's LCP (certified by the California Coastal Commission), there is a requirement for a fifty (50) year erosion setback for a minimum 50-year economic life of a project. This is a development setback measured from bluff top or dune or beach scarp. Though the County assessor parcel maps show legal parcels much farther out that the subject property, those properties are now under water. The subject property is well within this setback area; which in the past has been an estimated minimum of 178 feet back from top of bluff; but this varies depending upon erosion/geologic studies that are typically required in processing an application west of the freeway corridor. With sea-level rise, as recognized by the Coastal Commission, that setback (as measured in feet) could easily be more. One City approved project that is still in appeal with the Coastal Commission (since 2013) now is being subjected to a proposed 75 erosion setback by the Commission staff. There are also the issues of environmentally sensitive species in the area that are protected by both Federal and State laws. This requires incidental take permits from U.S. Fish & Wildlife and California State Fish & Wildlife.Those incidental take permits require mitigation for the taking of environmentally sensitive habitat. From what I've experienced in the past, this typically means providing other land (equal to or superior in habitat quality to the land being taken) to establish a habitat preserve with endowment fund to pay for maintenance of that habitat area in perpetuity. To the limits of my knowledge of Sand City history, all development west of the freeway has been impacted by these, and other, issues that have impeded development. Those were all large projects that had the capability to provide mitigation measures, but as you can see as of today... nothing is built out there. Q. Do you know what the zoning is for this property? Public records indicate that it is commercial and multi-family. A. The zoning of APN 011-148-001 is CZ-R3 (Coastal Zone High Density Residential). I'm not sure what public records you referenced, but it is NOT listed as commercial and multi-family on any City zoning, City General Plan (available to see on City website) or LCP land use maps, which are what applies. Q. Is there anything else you can tell me about this property? A. Unfortunately, I don't know what else to say that could help you. The City and developers have fought an uphill battle for decades in getting development west of the freeway; with, so far, no realized success. NOTE: Mr. Charles Pooler retired in 2022. Matt, at tel. 841-649-1799, ext. 218, is the person at the Sand City Planning Department who can assist with questions concerning this property. END.