Bolsa Chica Land Trust California Coastal Commission June 13, 2012 W11b-6-2012 Parkside CDP DENY.

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Presentation transcript:

Bolsa Chica Land Trust California Coastal Commission June 13, 2012 W11b Parkside CDP DENY

Bolsa Chica Ecosystem

Shea Raptor ESHA

Farming a Wetland - March 14, 2001

VFPF Inconsistent with LCP

LCP Policy C Forbids VFPF! “New development shall be designed to assure stability and structural integrity and neither create or contribute significantly to erosion, geologic instability, or destruction of the site or surrounding area or in any way require the construction of a protective device”

VFPF Route

LCP Policy C Both Forbids and Allows VFPF ? Prohibit private development along the bluffs rising up to the Bolsa Chica mesa … that would alter the natural landform or threaten the stability of the bluffs. Drainage systems and other such facilities necessary to ensure public health or safety may be allowed provided that bluff alteration is restricted to the minimum necessary…

LCP Table C-2 Requires VFPF VFPF required by Hazard Mitigation and Flood Protection Plan

Policy Not Applicable “Channelizations, dams, or other substantial alterations of rivers and streams shall… be limited to… flood control projects…”

Shea Tidal Flooding Scenario

Resolve LCP Conflicts via Balancing Policy C prohibiting VFPF conflicts with C and Table C-2 allowing VFPF LCP balancing provision gives guidance “…such conflicts shall be resolved in a manner which on balance is the most protective of significant coastal resources”

Additional Groundwater Wetlands

Groundwater Ponding – 05/26/2012

Ponding North of AP – 05/26/2012

AP Wetland/Buffer Expansion Current ponding is part of a pattern of periodic ponding on site. Hydrophytes predominant in ponded area Meets City’s LCP criteria as wetland Requires expansion of AP wetland Requires expansion of AP buffer

Unpermitted Development Enforcement Needed

Grading, Not Farming! 8 feet 1995: Now you see it… 2007: Now you don’t!

CCC fines Huntington Beach property owner $430,000 “Goodell Family Trust also agrees to rebury artifacts and restore areas disturbed when archaeologists dug pits on family-owned land on the Bolsa Chica Mesa in 2010.” --Los Angeles Times 01/12/12

Where is the Enforcement for Shea? Grading and fill on Shea Property since much longer and more widespread than disturbance on Goodell Property Commission found that additional wetlands would exist if not for the fill Restoration only part of the resolution Fines must be part of enforcement action

Regional Groundwater Connectivity

High Regional Groundwater

City-wide Subsidence

An Uncertain Future

Deny CDP CDP conflicts with LCP Policy on new development and protective devices CDP not most protective of coastal resources LCP protects recurrent ponding on site but CDP does not protect AP-north Unpermitted development not enforced Conflicting groundwater / subsidence data -- Massive de-watering could adversely impact ground water off site