California Coastal Commission CEQA Comments
STATE OF CALIFORNIA - THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST AREA OFFICE 725 FRONT STREET, SUITE 300 SANTA CRUZ, CA 95060 (408) 4274863 HEARING IMPAIRED: (415) 904-5200
April 1, 1997
S. Ted Lopez
City of Santa Cruz
Public Works Department
809 Center Street, Room 201
Santa Cruz, CA 95060Subiect: SCH 97021041 Draft Initial Study/Environmental Assessment/Alternatives Analysis
Broadway-Brommer Street Bicycle/Pedestrian Path Connection Project, Santa Cruz
Dear Mr. Lopez:
Thank you for providing a copy of the referenced document (Assessment) for Commission review. The Assessment provides a thorough analysis of most aspects of the proposed bicycle/ pedestrian path alternative alignments. Unfortunately, uncertainty marks the review because none of the alternatives presented can be undertaken without the consent of the Port District, and there is no indication that the District is prepared to support any of these routes at this time. The Commission staff would have preferred that the Broadway Brommer Bicycle/ Pedestrian Path be developed in concert with the Port District planning efforts and within the context of a specific plan as indicated in the Santa Cruz City General Plan.
The following pages contain some specific comments. Please call Joy Chase of our staff if you have questions or comments. Thank you for the opportunity to review this project. We regret we could not comment earlier.
Sincerely,
LEE OTTER
DISTRICT CHIEF PLANNER
CC: Chris Belsky, SCH
Broadway/Brommer CEQA Comments:
Land Use and Planning (p.37-46)
The Commission staff is concerned that the planning is not being done within the context of a specific plan as required by the City's General Plan Land Use Policy 2.2.7. As the Assessment notes the City Council has not fully defined the "project" for Arana Gulch. The Broadway Brommer Street Bicycle Pedestrian Path Study Area was drawn to focus on the potential bike paths and excludes consideration of the potential development of playing fields, houses and a school. The combined intensity of other uses in combination with a commuter bicycle link could affect maintenance of habitat and open space in a manner unanticipated by the bike path alone and might affect conclusions on the appropriate alignment.
In addition, all of the path alignments will affect the Santa Cruz Port District. Though both alignments B and B-1 have the advantage of avoiding bisection of the Arana Gulch greenbelt, we do not believe the Assessment provides sufficient information to conclude that land use conflicts with harbor uses would remain insignificant. The Port District will continue with its own expansions and its own uses will intensify. Though bicycle access through the harbor is already permitted, the establishment of a bicycle commuter link could prove incompatible with increased boater/recreationalist use to the degree that it could not be mitigated by striping and speed limits.
This raises the question of the Port District's role in the planning process. All proposed alignments cross Port District property. We would recommend the Port District be directly involved in the planning process. As you know a coastal devejopment permit could not be issued for a path that crossed the Port District s property without their consent.
Similarly the completion of the Memorandum of Understanding between the Department of Fish and Game and the City of Santa Cruz regarding long term management of the tarplant could provide another source of information to help determine the best alignment for the path. Has the DFG shown a preference? Which alignment would most facilitate management?
Geology and Seismicity (p.47-53}
Both the Hageman Bridge and the Arana Gulch Bridge will require "extensive" engineering and drilling and placement of pilings and abutments into bedrock. We understand that it is not cost effective to do detailed engineering at this time but believe that if an alignment using a bridge is chosen, more detailed information should be provided to reviewers. For example, in crossing Hageman Gulch, how many pilings are needed, what area would they cover, how many native trees would be removed? heritage oaks? Since the actual alignment of the bridges has not been determined, the actual impact is not clear. It may be appropriate to have a further but focused environmental review after the route has been chosen.
Transportation/Circulation (59-65)
This discussion indicates that bicycle traffic represents 2% of all trips and 4% of trips in the study corridor. There would be no decrease in bike travel time with the new routes (except via alignment D2 which appears to be the least likely to be built because of impacts and expense). The incentive for increased bicycle use along this route would appear to be safety and aesthetics. The Assessment indicates that the new route would increase bicycle use by 25% during the peak hour and reduce daily automobile vehicle trips by 1000. It would be helpful to have more background information on how these figures were attained. Is there an estimate on the period of time before vehicle traffic dropped by 1000 daily trips?
Biologic Resources (p.65-84}
Alignments C, D1 and D2 and wetland habitat encroachment. Land Use Element Policy 2.2.7 prohibits exceptions to the setback and buffer requirements of the Zoning Ordinance conservation regulations. Zoning Ordinance regulations require a 100 foot setback from a wetland and do not provide an exception for a paved bikepath. Pervious surface non-motor vehicular trails would be allowed. (24.13.080). We suggest that the City consult with the Port District. The District has in the past traded property and/or made other arrangements to achieve consistency with regulations and benefit both parties. Since the Port District continues to plan its Upper Harbor area, there may be an opportunity to achieve this kind of arrangement.
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST AREA OFFICE 725 FRONT STREET, SUITE 300 SANTA CRUZ, CA 95060 (408) 4274863 HEARING IMPAIRED: (415) 904-5200
April 1, 1997
S. Ted Lopez
City of Santa Cruz
Public Works Department
809 Center Street, Room 201
Santa Cruz, CA 95060Subiect: SCH 97021041 Draft Initial Study/Environmental Assessment/Alternatives Analysis
Broadway-Brommer Street Bicycle/Pedestrian Path Connection Project, Santa Cruz
Dear Mr. Lopez:
Thank you for providing a copy of the referenced document (Assessment) for Commission review. The Assessment provides a thorough analysis of most aspects of the proposed bicycle/ pedestrian path alternative alignments. Unfortunately, uncertainty marks the review because none of the alternatives presented can be undertaken without the consent of the Port District, and there is no indication that the District is prepared to support any of these routes at this time. The Commission staff would have preferred that the Broadway Brommer Bicycle/ Pedestrian Path be developed in concert with the Port District planning efforts and within the context of a specific plan as indicated in the Santa Cruz City General Plan.
The following pages contain some specific comments. Please call Joy Chase of our staff if you have questions or comments. Thank you for the opportunity to review this project. We regret we could not comment earlier.
Sincerely,
LEE OTTER
DISTRICT CHIEF PLANNER
CC: Chris Belsky, SCH
Broadway/Brommer CEQA Comments:
Land Use and Planning (p.37-46)
The Commission staff is concerned that the planning is not being done within the context of a specific plan as required by the City's General Plan Land Use Policy 2.2.7. As the Assessment notes the City Council has not fully defined the "project" for Arana Gulch. The Broadway Brommer Street Bicycle Pedestrian Path Study Area was drawn to focus on the potential bike paths and excludes consideration of the potential development of playing fields, houses and a school. The combined intensity of other uses in combination with a commuter bicycle link could affect maintenance of habitat and open space in a manner unanticipated by the bike path alone and might affect conclusions on the appropriate alignment.
In addition, all of the path alignments will affect the Santa Cruz Port District. Though both alignments B and B-1 have the advantage of avoiding bisection of the Arana Gulch greenbelt, we do not believe the Assessment provides sufficient information to conclude that land use conflicts with harbor uses would remain insignificant. The Port District will continue with its own expansions and its own uses will intensify. Though bicycle access through the harbor is already permitted, the establishment of a bicycle commuter link could prove incompatible with increased boater/recreationalist use to the degree that it could not be mitigated by striping and speed limits.
This raises the question of the Port District's role in the planning process. All proposed alignments cross Port District property. We would recommend the Port District be directly involved in the planning process. As you know a coastal devejopment permit could not be issued for a path that crossed the Port District s property without their consent.
Similarly the completion of the Memorandum of Understanding between the Department of Fish and Game and the City of Santa Cruz regarding long term management of the tarplant could provide another source of information to help determine the best alignment for the path. Has the DFG shown a preference? Which alignment would most facilitate management?
Geology and Seismicity (p.47-53}
Both the Hageman Bridge and the Arana Gulch Bridge will require "extensive" engineering and drilling and placement of pilings and abutments into bedrock. We understand that it is not cost effective to do detailed engineering at this time but believe that if an alignment using a bridge is chosen, more detailed information should be provided to reviewers. For example, in crossing Hageman Gulch, how many pilings are needed, what area would they cover, how many native trees would be removed? heritage oaks? Since the actual alignment of the bridges has not been determined, the actual impact is not clear. It may be appropriate to have a further but focused environmental review after the route has been chosen.
Transportation/Circulation (59-65)
This discussion indicates that bicycle traffic represents 2% of all trips and 4% of trips in the study corridor. There would be no decrease in bike travel time with the new routes (except via alignment D2 which appears to be the least likely to be built because of impacts and expense). The incentive for increased bicycle use along this route would appear to be safety and aesthetics. The Assessment indicates that the new route would increase bicycle use by 25% during the peak hour and reduce daily automobile vehicle trips by 1000. It would be helpful to have more background information on how these figures were attained. Is there an estimate on the period of time before vehicle traffic dropped by 1000 daily trips?
Biologic Resources (p.65-84}
Alignments C, D1 and D2 and wetland habitat encroachment. Land Use Element Policy 2.2.7 prohibits exceptions to the setback and buffer requirements of the Zoning Ordinance conservation regulations. Zoning Ordinance regulations require a 100 foot setback from a wetland and do not provide an exception for a paved bikepath. Pervious surface non-motor vehicular trails would be allowed. (24.13.080). We suggest that the City consult with the Port District. The District has in the past traded property and/or made other arrangements to achieve consistency with regulations and benefit both parties. Since the Port District continues to plan its Upper Harbor area, there may be an opportunity to achieve this kind of arrangement.
STATE OF CALIFORNIA - THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
(408) 427-4863
November 25 1998S. Ted Lopez
City of Santa Cruz
Public Works Department
809 Center Street
Santa Cruz, CA 95060
Subject: SCH #98102080, Broadway-Brommer Street Bicycle/Pedestrian Path Connection, Notice Of Preparation for Environmental Impact Report (EIR)
Dear Mr. Lopez:
Thank you for submitting the Notice of Preparation for an Environmental Impact Report for the Broadway Brommer Bicycle Pedestrian Path. Commission staff strongly supports the provision of non automobile circulation and public access enhancement as specified by Coastal Act Section 30252. At the same time, Commission staff also agrees with the City's conclusion that the significant open space and habitat resources of the Arana Gulch greenbelt as well as the great public interest warrant the more inclusive review of an EIR to assure appropriate levels, type and location of access.
The Initial Study/NOP lists the issue areas that will need to be evaluated for the two routes identified in the EIR. Two broader concerns are the lack of a specific plan for Arana Gulch and the question of whether other alternatives which may be viable and less environmentally damaging have been omitted from consideration.
We suggest that a preferred planning approach would be to prepare the specific plan for the Arana Gulch greenbelt as cited in the City's General Plan Land Use Policy 2.2.7 and include consideration of a Broadway Brommer Bicycle Pedestrian Path. Planning in this context would address the combined impacts of the potential development of a school, playing fields, residences, and the Broadway Brommer Path. Cumulatively these potential developments could affect maintenance of habitat and open space in a manner unanticipated by the bike path alone and. might affect conclusions on the appropriate alignment.
Second is the question of whether the two alternatives to be reviewed are the only possible alternatives for improving east-west travel or whether there are other less environmentally damaging routes. The City has already evaluated several alternatives. For the benefit of an informed public and informed decision making, we would recommend that the EIR provide an historical review of previously considered alternatives to the degree necessary to verify that their impacts are not less environmentally damaging than the two routes proposed. In addition, we would recommend that EIR consider routes that do not impact the Arana Gulch greenbelt such as (a) the Soquel Avenue corridor (including the current experiment) and other possible improvements; (b) better bike lanes and connecting segments on Murray/Eaton; (c) the SPRR railroad right-of-way. Finally, the Commission has received information from the public recommending other alignments not yet considered (to our knowledge) by the City including a Mello Lane to Frederick Street Park bridge.
Almost all possible alternatives would require some level of regulatory review by the Coastal Commission. For example, the two development alternatives to be addressed in the EIR cross a portion of the the Arana Gulch greenbelt which is located in the Commission's original jurisdiction. In addition to the coastal development permit that the City will need to issue for the project in their jurisdiction, the Commission will be responsible for processing a coastal development permit for that part of the development within this original jurisdiction area.. We believe it is in the interest of the City and the Commission for the public's concerns to be addressed as completely as can reasonably be done in the environmental review stage of the process. This approach would facilitate the Commission's review of the City's final decision on the route, as well as the Commission's own permitting process.Thank you for your consideration. If you have any questions, please call Dan Carl of our staff.
Sincerely,
/s/
Charles Lester
District Manager
cc:Antero Rivasplata, SCH
Eileen Fogarty, Planning Director
Ken Thomas, Principal Planner
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
(408) 427-4863
November 25 1998S. Ted Lopez
City of Santa Cruz
Public Works Department
809 Center Street
Santa Cruz, CA 95060
Subject: SCH #98102080, Broadway-Brommer Street Bicycle/Pedestrian Path Connection, Notice Of Preparation for Environmental Impact Report (EIR)
Dear Mr. Lopez:
Thank you for submitting the Notice of Preparation for an Environmental Impact Report for the Broadway Brommer Bicycle Pedestrian Path. Commission staff strongly supports the provision of non automobile circulation and public access enhancement as specified by Coastal Act Section 30252. At the same time, Commission staff also agrees with the City's conclusion that the significant open space and habitat resources of the Arana Gulch greenbelt as well as the great public interest warrant the more inclusive review of an EIR to assure appropriate levels, type and location of access.
The Initial Study/NOP lists the issue areas that will need to be evaluated for the two routes identified in the EIR. Two broader concerns are the lack of a specific plan for Arana Gulch and the question of whether other alternatives which may be viable and less environmentally damaging have been omitted from consideration.
We suggest that a preferred planning approach would be to prepare the specific plan for the Arana Gulch greenbelt as cited in the City's General Plan Land Use Policy 2.2.7 and include consideration of a Broadway Brommer Bicycle Pedestrian Path. Planning in this context would address the combined impacts of the potential development of a school, playing fields, residences, and the Broadway Brommer Path. Cumulatively these potential developments could affect maintenance of habitat and open space in a manner unanticipated by the bike path alone and. might affect conclusions on the appropriate alignment.
Second is the question of whether the two alternatives to be reviewed are the only possible alternatives for improving east-west travel or whether there are other less environmentally damaging routes. The City has already evaluated several alternatives. For the benefit of an informed public and informed decision making, we would recommend that the EIR provide an historical review of previously considered alternatives to the degree necessary to verify that their impacts are not less environmentally damaging than the two routes proposed. In addition, we would recommend that EIR consider routes that do not impact the Arana Gulch greenbelt such as (a) the Soquel Avenue corridor (including the current experiment) and other possible improvements; (b) better bike lanes and connecting segments on Murray/Eaton; (c) the SPRR railroad right-of-way. Finally, the Commission has received information from the public recommending other alignments not yet considered (to our knowledge) by the City including a Mello Lane to Frederick Street Park bridge.
Almost all possible alternatives would require some level of regulatory review by the Coastal Commission. For example, the two development alternatives to be addressed in the EIR cross a portion of the the Arana Gulch greenbelt which is located in the Commission's original jurisdiction. In addition to the coastal development permit that the City will need to issue for the project in their jurisdiction, the Commission will be responsible for processing a coastal development permit for that part of the development within this original jurisdiction area.. We believe it is in the interest of the City and the Commission for the public's concerns to be addressed as completely as can reasonably be done in the environmental review stage of the process. This approach would facilitate the Commission's review of the City's final decision on the route, as well as the Commission's own permitting process.Thank you for your consideration. If you have any questions, please call Dan Carl of our staff.
Sincerely,
/s/
Charles Lester
District Manager
cc:Antero Rivasplata, SCH
Eileen Fogarty, Planning Director
Ken Thomas, Principal Planner
STATE OF CALIFORNIA-THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
(831) 427-4863
January 11, 2000
S. Ted Lopez
Transportation Planner
City of Santa Cruz Public Works Department
809 Center Street, Room 201
Santa Cruz, Ca 95060
PUBLIC WORKS
January 14, 2000
R E C E I V E D
Subject: Proposed Draft Environmental Impact Report/Environmental Assessment for Broadway-Brommer Bicycle/Pedestrian Path Connection (SCH #98102080)
Dear Mr. Lopez,
Thank you for the opportunity to review the above-referenced CEQA document regarding the proposed Class I bike route between Broadway and Brommer through Arana Gulch. As we noted in our previous comments on the Notice of Preparation for this environmental document, Commission staff strongly supports the provision of such non automobile circulation and enhanced public access facilities. Such facilities are specifically encouraged by the Coastal Act. At the same time, we recognize that significant open space and habitat resources are present within the Arana Gulch greenbelt.
Although the proposed Draft Environmental Impact Report (DEIR) addresses these two topics, our previous concern for the consideration of other viable alternative routes that are less environmentally damaging and the lack of a specific plan for Arana Gulch, remain. In particular, Commission staff is concerned that the preferred route and project would not avoid identified biological impacts as required by the Local Coastal Programs and Coastal Act.
Standard of Review - Coastal Commission Jurisdiction
The DEIR acknowledges that the proposed project would require Coastal Development Permits (CDPS) from both the City and County of Santa Cruz. The standard of review for these CDPs is the certified Local Coastal Programs (LCPs). Please note, however, that the majority of the proposed project lies within the Coastal Commission's retained coastal permit jurisdiction. Although the certified LCP's for the City and County of Santa Cruz provide guidance within the Coastal Commission's permit jurisdiction, the Coastal Act serves as the applicable standard or review here. The DEIR should be modified to reflect this fact.
Also, please note that any City or County CDP issued for the proposed project would be appealable to the Coastal Commission; both because of location adjacent to wetlands and streams, and because the proposed project qualifies as a major public works project.
We suggest that the City and County Post Certification maps be consulted and overlaid with the project boundaries in order to determine those portions of the proposed project that occur within the Commission's permit jurisdiction. We are available to consult regarding questions of CDP jurisdiction and the applicable standards of review for each CDP that would be necessary to allow for the project to go forward.
Planning for Arana Gulch
As directed by the City's LCP, the preferred planning approach would be to prepare a specific management plan for the Arana Gulch greenbelt prior to consideration of a Broadway-Brommer Bicycle Pedestrian Path project. The DEIR acknowledges that the City anticipates initiating the Arana Gulch Master Plan process in early 2000. Forestalling the proposed pathway until the specific management plan is completed that would allow for a planning process to address the combined impacts of potential development within the Arana Gulch greenbelt. In reverse (i.e., bike path first, plan second) other potential developments could affect maintenance of habitat and open space in a manner unanticipated by the bike path alone and might affect conclusions on the appropriate alignment.
Arana Gulch is a particularly important open space preserve. This area is surrounded by urbanization and provides an open space recreational area for City and County dwellers who would otherwise need to go much further out of town to find such a resource. Likewise, birds and animals otherwise displaced by encroaching urbanization all around utilize this area that is largely devoid of noise, lights, and other urban activities. Arana Gulch is also home to vast plant, wetland and stream resources that are protected by LCP and Coastal Act policies. As such, it is more appropriate that larger management planning take place for Arana Gulch as a whole prior to individual development decisions that may eventually prejudice future decisions.
ESHA
City of Santa Cruz LCP Map EQ-9 delineates sensitive species and habitats within the Arana Gulch greenbelt. Habitats identified on EQ-9 within the proposed project area include wetland, riparian, and grassland. Arana Creek and Hagemann Creek (in Hagemann Gulch on the west of the site) are present in this area. Figure 11 of the DEIR likewise delineates specific habitat types within the project area; including such sensitive and endangered species as Santa Cruz tarplant. We note too that Tidewater goby (a Federal Endangered Species) has been identified in the project area. Suitable habitat for such Federally Threatened Species as Red-legged frog and steelhead is likewise present. Both alternatives Al and D2 would appear to be located in or immediately adjacent to such sensitive areas. Please note that Coastal Act Section 30107.5 defines environmentally sensitive habitat as follows:
"Environmentally sensitive area" means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Where development is proposed in or adjacent to ESHA in the Commission's CDP jurisdiction, Coastal Act Section 30240 applies. Section 30240 states:
(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.
We are particularly concerned that the proposed project may negatively impact riparian woodlands, wetlands, and populations of endangered Santa Cruz tarplant and tidewater goby. These natural communities represent important coastal resources - particularly given their location within urban Santa Cruz. Similar communities nearby have all been committed to urban uses. In fact, the Arana Gulch wetland is a particularly important environmentally sensitive habitat area that should not be disturbed by this, or any other, project. This large wetiand area has a high habitat value rare for such urban locales. This is due at least partly to the current low intensity of recreational use in the Arana Gulch open space area: We are concerned about any project, including this one, which might negatively impact this area.
As acknowledged in the DEIR, the Santa Cruz tarplant population "size is dynamic with slight shifts in location according to environmental conditions of a given year." It appears that the placement of a path at the proposed alignments would inhibit the movement of this species and would serve to separate the identified tarplant areas (i.e. A through D) from one another. In addition, while individual specimens may not be covered by the proposed path, potential habitat for this species may be covered by the proposed path. We are concerned that such habitat segmentation and displacement may negatively affect the long term viability of suitable habitat for the tarplant in Arana Gulch. This is underscored by the fact that the population at this location has been identified as genetically distinct from others. The DEIR should address any effects resulting from the separation of identified tarplant areas and any accompanying potential long term impacts to the viability of it's habitat within Arana Gulch.
We note too that Federally Endangered tidewater goby are known to inhabit the brackish water/fresh-water area where the wetland and Arana Creek meet the back Harbor. The DEIR likewise identifies the potential for Federally Threatened steelhead trout within Arana Creek and red-legged frog within and around Arana Creek and Hagemann Creek. Potential sedimentation within Arana Creek, Hagemann Creek and the larger wetland area due to the proposed project could adversely impact these sensitive species' habitats. Encroaching urbanization in and around the Arana Gulch watershed has already resulted in increased sedimentation and polluted runoff into these hydrologic systems. Further development may exacerbate difficulties for these listed species.
From the DEIR, it appears that some amount of development within ESHA may be required if the project were to move forward. Please note that pursuant to Coastal Act Section 30240, development within ESHA must be resource dependent. Any other portion of the proposed development must not significantly disrupt those habitat areas.
Similar City and County LCP policies addressing sensitive habitat areas would also apply. In fact, it is not clear to us how the alternative path alignments would not be in conflict with the city's 100 foot setback requirements. Both alignments appear to be within 100 feet of Hagemann Creek, Arana Creek, and the Arana Creek wetland. The 100 foot setback Requirement is described in City LCP Land Use Plan (LUP) Policies EQ 4.2 et seq and Zoning Ordinance Section 24.14.080. LUP Policy EQ 4.2.2.3 and Zoning Sections 24.14.080(3) and 24.14.080(4) describe the uses that are allowed within setbacks. Although Zoning Section 24.14.080 does not provide any mechanism for lesser setbacks, LUP Policy EQ 4.2.2.3 concludes:
If any exceptions to this policy are to be considered, it shall be within the context of a resource management plan which plan shall be approved by the Coastal Commission as an amendment to the Land Use Plan. Therefore, if lesser setbacks are to be considered, the LCP requires this to be within the context of a management plan submitted and approved by the Commission as an LUP amendment. As described above, such a management plan for Arana Gulch should precede this pathway proposal.
Is the City intending to process a variance to allow for such development in these LCP-required buffers? If so, please note that Zoning Ordinance Section 24.08.140 does not allow for variances when the situation requiring the variance is so recurrent in nature that a regulation could be drafted to cover the situation. In the case of a variance from regulations requiring 100 foot setbacks, the LCP currently provides a mechanism for allowing development within setback areas: a Commission-approved management plan which provides for a lesser setback.
In response to this ongoing 100 foot buffer issue, the City of Santa Cruz has been awarded grant monies by the Coastal Commission to be used for the preparation of city-wide creeks and wetlands management plans. These plans would be adopted by the Commission and provide the site specific context and management goals and objectives for each corridor - including Hagemann and Arana Creeks. We are encouraged that the City is pursuing such plans and encourage the City Public Works Department to coordinate with the Planning Department to ensure that the proposed project takes full advantage of this funded planning opportunity.
In any case, such plans would determine the appropriate setback, the enhancement of the Arana Creek and Hagemann Creek systems, and their management pursuant to the Environmental Quality policies of the Land Use Plan. The preferred planning approach for this area would be to wait for the creation of the city-wide creeks and wetlands management plan and/or a management plan for Arana Gulch (as described above) before pursuing this project. The DEIR should accurately depict these important management planning issues within the Arana Gulch greenbelt area.
Project Alternatives
In light of the significant coastal resources at stake in Arana Gulch, we suggest that reconsideration (or new consideration) and analysis of feasible alternatives, including but not limited to the following, be pursued.
Railroad Right of Way
It is our understanding that the Santa Cruz County Regional Transportation Commission has awarded monies for the acquisition and development of a pedestrian and bicycle trail that would use the existing railroad right-of-way. Such a trail could provide a consistent west-east travel corridor between City and County locations. Use of this existing corridor would not require development on, or encroachment onto, ESHAs. It appears that such an alignment would also meet the stated project objectives. Moreover, the development of such a bicycle and pedestrian trail along this existing railroad right-of-way could serve to provide off-street bicycle connectivity for not just Broadway to Brommer, but through all of urbanized Santa Cruz City and County. Such an off-street trail system would be much more effective for commuters and recreational users together who would not be forced on and off streets to make their way through the City and County. Such a trail likewise would serve to provide off-street connectivity to the San Lorenzo River path as well as potential bike paths at the Boardwalk and on to the existing trail at West Cliff Drive. Finally, such a trail could more aptly feed into the concept of a Monterey Bay Sanctuary trail through Live Oak, Capitola, and south Santa Cruz County. In conclusion, this alternative warrants further attention and the DEIR should be broadened to include a description of the status of any such trail efforts, and how such trails along the existing rail corridor may be utilized in the future.
Stagg Lane and Mello Lane
Although we welcome the additional information in the DEIR on the Stagg/Mello Lane to Fredrick Street Park bridge alternatives, it is not clear to us how these bridge options would have greater environmental impacts than the bridges and pathways associated with alternatives Al and D2. In particular, the following observations would appear accurate to convey this alternative, and the DEIR should be revised accordingly:
(1) The Stagg/Mello Lane bridge options would in fact meet project objectives of providing connectivity between Broadway and Brommer/7th Avenue since they would provide direct connection from 7th Avenue.
(2) The Stagg/Mello Lane bridge options could connect through to Harbor Drive (as opposed to Fredrick Street) which would allow for less parking (potentially) removed from Fredrick Street to accommodate bike lanes on Fredrick. In f act, it appears that at most one block of Fredrick Street would be so affected under such a scenario. Bike lanes along Harbor Drive would not appear to be necessary as this street is lightly used and conflicts between bicyclists and vehicles would not be expected. Is the existing path from Fredrick Street Park through to Harbor Drive in public ownership or subject to an easement in favor of the public? The DEIR should include information on this potential permutation.
(3) It is not clear that the grading that might be associated with the footings for the Stagg/Mello Lane bridge options would "increase costs and cause geotechnical impacts" as stated by the DEIR. How would the grading at these locations be any more "substantial," or result in more resource impacts, than for alternatives Al and D2? Alternatives Al and D2 would appear to require more such footings and grading in and around sensitive stream channels and wetlands. The DEIR should factor in that grading at already developed urban Harbor areas would tend to have less environmental impacts than would grading within or adjacent to the environmentally sensitive resource areas associated with alternatives Al and D2.
(4) The DEIR asserts that there may be "potential" 7th Avenue traffic impacts associated with the Stagg/Mello Lane bridge options. However, it does not include any information to this effect. The DEIR should be expanded accordingly.
(5) Bridges at Stagg/Mello Lane would not need to provide any more clearance for tall sailboat masts than does the existing bridge at Murray Street. Any boats which are located in the upper Harbor area have already had to pass under the Murray Street bridge. It is not clear to us that there would need to be additional clearance over and above this Murray Street clearance for these options. The DEIR should provide additional information on such height and clearance requirements in the Harbor.
(6) It is not clear to us that the Stagg/Mello Lane bridge options would be more costly financially than alternative Al and D2 bridges. In both alternatives Al and D2, two bridges would be required as opposed to one. Would less total bridging be required for Stagg/Mello options than would be for the two bridge Al and D2 options? The DEIR should provide clear cost estimates and comparisons.
(7) It is not clear to us that the Stagg/Mello Lane bridge options would be more visually intrusive (as detailed in the DEIR) than would be alternative Al and D2 bridges. In fact,.bridges in the already urbanized Harbor area would seem to be more compatible with the surrounding built environment than would be bridges in open space Arana Gulch areas that are currently, largely undisturbed by development. Moreover, such bridges would open up a new public vista over the Harbor that would be accessible to users of Fredrick Street Park and others entering from 7th Avenue in the County. This would be a public recreational enhancement that is supported by LCP policies.
(8) Finally, the Stagg/Mello Lane options should not be excluded because the County would have to accept maintenance responsibility for one of these roads. These streets already provide links from 7th Avenue to the Harbor. In fact, there is already a public stairway from Mello Lane to the Harbor at this location. These roads are very lightly utilized and it would not appear that formal bike lanes would be necessary to allow for connection to a bridge at this location. With respect at least to the Stagg Lane option, there currently exists an offer to dedicate a public access easement over this road parcel pursuant to CDP P-77-036. This offer runs from 7th Avenue all the way through to the Harbor property. The width of this easement is the entire road. Further analysis of whether this easement could be accepted and opened by the County is warranted. Also, we have been unable to locate the "jog" in Stagg Lane or the parcel (0.36 acres) of private property that the DEIR identifies; the road appears to be straight and terminate at the harbor parcel boundary. The DEIR should include analysis of this easement as well as costs that may need to be borne by the County or other agencies should the preferred bike path alternative use Stagg or Mello Lanes.
Harbor Project
Please note that existing and proposed Harbor development closest to Arana Gulch needs additional explanation. First, all Harbor development at this location, including, but not limited to the dredge storage yard, is required to be 100 feet away from the wetland riparian area to the north. Any development that is currently within this buffer zone has not received coastal permit authorization from the Coastal Commission. In fact, pursuant to CDP 3-95-067, the Port District was required to move development out of this buffer area and to erect a fence delineating the 100 foot setback. The "existing condition" discussion for this back Harbor location should be expanded to acknowledge that the only development authorized by CDP to the north of the existing Harbor parking lot pavement is an approximate 70 foot by 150 foot dredge storage yard wholly outside of the 100 foot setback area, and a fence delineating the 100 foot setback. Recent site visits by Commission staff have determined that development in this area is not entirely consistent with these requirements. Further research and additional efforts are underway to ensure that Port District development in this area is brought into compliance with existing CDP conditions.
Second, it should be noted that the Port District's proposed dry boat storage project in this inner Harbor area has not been acted upon. The Port District has proposed expanding approximately 60 feet into the previously required wetland/riparian setback at this location. Were both the bike path (alternative D2) and the Port District project to come to fruition as proposed in the inner Harbor area, there would be little area available with which to buffer the important wetland resource directly northward, to the detriment of resource and habitat values. Such a cumulative impact at this location may be significant and unsupportable. As described above, these resources are protected by the Coastal Act. LCP policies requiring a 100 foot setback at this location also provide guidance in this area.
Specific EIR Modifications
In regards to the identified preferred alternatives (Al and D2), we note that the following impacts analyzed and/or proposed mitigation measures are not adequately addressed within the DEIR:
In sum, the proposed project alternatives (Al and D2) both raise Coastal Act and LCP sensitive habitat concerns within Arana Gulch. Although we fully support the provision of non-automobile lateral access through urbanized Santa Cruz, such potential negative impacts dictate that other alternatives should be considered carefully. We hope that at the least the Stagg/Mello Lane Bridge options will be given more scrutiny as will additional details about the potential for recreational trails along, or even in place of, the existing railroad.
Thank you for the opportunity to comment in the development stage of this project. As you move forward with your project analysis and environmental review, the issues identified above, as well as any other relevant coastal issues identified upon further review or due to project modifications, should be considered in light of the provisions of the Coastal Act and the certified City and County of Santa Cruz LCP's. If you should have any questions regarding this matter, please contact me or Kevin Colin of my staff at (831) 427-4863.
Sincerely,
/s/
Charles Lester
District Manager
Central Coast District Office
cc:Alvin James, Director, Santa Cruz County Planning Department
Brian Foss, Port Director, Santa Cruz Port District
Jeannine DeWald, California Department of Fish and Game
Scott Morgan, State Clearinghouse (SCH 98102080)
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST DISTRICT OFFICE
725 FRONT STREET, SUITE 300
SANTA CRUZ, CA 95060
(831) 427-4863
January 11, 2000
S. Ted Lopez
Transportation Planner
City of Santa Cruz Public Works Department
809 Center Street, Room 201
Santa Cruz, Ca 95060
PUBLIC WORKS
January 14, 2000
R E C E I V E D
Subject: Proposed Draft Environmental Impact Report/Environmental Assessment for Broadway-Brommer Bicycle/Pedestrian Path Connection (SCH #98102080)
Dear Mr. Lopez,
Thank you for the opportunity to review the above-referenced CEQA document regarding the proposed Class I bike route between Broadway and Brommer through Arana Gulch. As we noted in our previous comments on the Notice of Preparation for this environmental document, Commission staff strongly supports the provision of such non automobile circulation and enhanced public access facilities. Such facilities are specifically encouraged by the Coastal Act. At the same time, we recognize that significant open space and habitat resources are present within the Arana Gulch greenbelt.
Although the proposed Draft Environmental Impact Report (DEIR) addresses these two topics, our previous concern for the consideration of other viable alternative routes that are less environmentally damaging and the lack of a specific plan for Arana Gulch, remain. In particular, Commission staff is concerned that the preferred route and project would not avoid identified biological impacts as required by the Local Coastal Programs and Coastal Act.
Standard of Review - Coastal Commission Jurisdiction
The DEIR acknowledges that the proposed project would require Coastal Development Permits (CDPS) from both the City and County of Santa Cruz. The standard of review for these CDPs is the certified Local Coastal Programs (LCPs). Please note, however, that the majority of the proposed project lies within the Coastal Commission's retained coastal permit jurisdiction. Although the certified LCP's for the City and County of Santa Cruz provide guidance within the Coastal Commission's permit jurisdiction, the Coastal Act serves as the applicable standard or review here. The DEIR should be modified to reflect this fact.
Also, please note that any City or County CDP issued for the proposed project would be appealable to the Coastal Commission; both because of location adjacent to wetlands and streams, and because the proposed project qualifies as a major public works project.
We suggest that the City and County Post Certification maps be consulted and overlaid with the project boundaries in order to determine those portions of the proposed project that occur within the Commission's permit jurisdiction. We are available to consult regarding questions of CDP jurisdiction and the applicable standards of review for each CDP that would be necessary to allow for the project to go forward.
Planning for Arana Gulch
As directed by the City's LCP, the preferred planning approach would be to prepare a specific management plan for the Arana Gulch greenbelt prior to consideration of a Broadway-Brommer Bicycle Pedestrian Path project. The DEIR acknowledges that the City anticipates initiating the Arana Gulch Master Plan process in early 2000. Forestalling the proposed pathway until the specific management plan is completed that would allow for a planning process to address the combined impacts of potential development within the Arana Gulch greenbelt. In reverse (i.e., bike path first, plan second) other potential developments could affect maintenance of habitat and open space in a manner unanticipated by the bike path alone and might affect conclusions on the appropriate alignment.
Arana Gulch is a particularly important open space preserve. This area is surrounded by urbanization and provides an open space recreational area for City and County dwellers who would otherwise need to go much further out of town to find such a resource. Likewise, birds and animals otherwise displaced by encroaching urbanization all around utilize this area that is largely devoid of noise, lights, and other urban activities. Arana Gulch is also home to vast plant, wetland and stream resources that are protected by LCP and Coastal Act policies. As such, it is more appropriate that larger management planning take place for Arana Gulch as a whole prior to individual development decisions that may eventually prejudice future decisions.
ESHA
City of Santa Cruz LCP Map EQ-9 delineates sensitive species and habitats within the Arana Gulch greenbelt. Habitats identified on EQ-9 within the proposed project area include wetland, riparian, and grassland. Arana Creek and Hagemann Creek (in Hagemann Gulch on the west of the site) are present in this area. Figure 11 of the DEIR likewise delineates specific habitat types within the project area; including such sensitive and endangered species as Santa Cruz tarplant. We note too that Tidewater goby (a Federal Endangered Species) has been identified in the project area. Suitable habitat for such Federally Threatened Species as Red-legged frog and steelhead is likewise present. Both alternatives Al and D2 would appear to be located in or immediately adjacent to such sensitive areas. Please note that Coastal Act Section 30107.5 defines environmentally sensitive habitat as follows:
"Environmentally sensitive area" means any area in which plant or animal life or their habitats are either rare or especially valuable because of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities and developments. Where development is proposed in or adjacent to ESHA in the Commission's CDP jurisdiction, Coastal Act Section 30240 applies. Section 30240 states:
(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas. (b) Development in areas adjacent to environmentally sensitive habitat areas and parks and recreation areas shall be sited and designed to prevent impacts which would significantly degrade those areas, and shall be compatible with the continuance of those habitat and recreation areas.
We are particularly concerned that the proposed project may negatively impact riparian woodlands, wetlands, and populations of endangered Santa Cruz tarplant and tidewater goby. These natural communities represent important coastal resources - particularly given their location within urban Santa Cruz. Similar communities nearby have all been committed to urban uses. In fact, the Arana Gulch wetland is a particularly important environmentally sensitive habitat area that should not be disturbed by this, or any other, project. This large wetiand area has a high habitat value rare for such urban locales. This is due at least partly to the current low intensity of recreational use in the Arana Gulch open space area: We are concerned about any project, including this one, which might negatively impact this area.
As acknowledged in the DEIR, the Santa Cruz tarplant population "size is dynamic with slight shifts in location according to environmental conditions of a given year." It appears that the placement of a path at the proposed alignments would inhibit the movement of this species and would serve to separate the identified tarplant areas (i.e. A through D) from one another. In addition, while individual specimens may not be covered by the proposed path, potential habitat for this species may be covered by the proposed path. We are concerned that such habitat segmentation and displacement may negatively affect the long term viability of suitable habitat for the tarplant in Arana Gulch. This is underscored by the fact that the population at this location has been identified as genetically distinct from others. The DEIR should address any effects resulting from the separation of identified tarplant areas and any accompanying potential long term impacts to the viability of it's habitat within Arana Gulch.
We note too that Federally Endangered tidewater goby are known to inhabit the brackish water/fresh-water area where the wetland and Arana Creek meet the back Harbor. The DEIR likewise identifies the potential for Federally Threatened steelhead trout within Arana Creek and red-legged frog within and around Arana Creek and Hagemann Creek. Potential sedimentation within Arana Creek, Hagemann Creek and the larger wetland area due to the proposed project could adversely impact these sensitive species' habitats. Encroaching urbanization in and around the Arana Gulch watershed has already resulted in increased sedimentation and polluted runoff into these hydrologic systems. Further development may exacerbate difficulties for these listed species.
From the DEIR, it appears that some amount of development within ESHA may be required if the project were to move forward. Please note that pursuant to Coastal Act Section 30240, development within ESHA must be resource dependent. Any other portion of the proposed development must not significantly disrupt those habitat areas.
Similar City and County LCP policies addressing sensitive habitat areas would also apply. In fact, it is not clear to us how the alternative path alignments would not be in conflict with the city's 100 foot setback requirements. Both alignments appear to be within 100 feet of Hagemann Creek, Arana Creek, and the Arana Creek wetland. The 100 foot setback Requirement is described in City LCP Land Use Plan (LUP) Policies EQ 4.2 et seq and Zoning Ordinance Section 24.14.080. LUP Policy EQ 4.2.2.3 and Zoning Sections 24.14.080(3) and 24.14.080(4) describe the uses that are allowed within setbacks. Although Zoning Section 24.14.080 does not provide any mechanism for lesser setbacks, LUP Policy EQ 4.2.2.3 concludes:
If any exceptions to this policy are to be considered, it shall be within the context of a resource management plan which plan shall be approved by the Coastal Commission as an amendment to the Land Use Plan. Therefore, if lesser setbacks are to be considered, the LCP requires this to be within the context of a management plan submitted and approved by the Commission as an LUP amendment. As described above, such a management plan for Arana Gulch should precede this pathway proposal.
Is the City intending to process a variance to allow for such development in these LCP-required buffers? If so, please note that Zoning Ordinance Section 24.08.140 does not allow for variances when the situation requiring the variance is so recurrent in nature that a regulation could be drafted to cover the situation. In the case of a variance from regulations requiring 100 foot setbacks, the LCP currently provides a mechanism for allowing development within setback areas: a Commission-approved management plan which provides for a lesser setback.
In response to this ongoing 100 foot buffer issue, the City of Santa Cruz has been awarded grant monies by the Coastal Commission to be used for the preparation of city-wide creeks and wetlands management plans. These plans would be adopted by the Commission and provide the site specific context and management goals and objectives for each corridor - including Hagemann and Arana Creeks. We are encouraged that the City is pursuing such plans and encourage the City Public Works Department to coordinate with the Planning Department to ensure that the proposed project takes full advantage of this funded planning opportunity.
In any case, such plans would determine the appropriate setback, the enhancement of the Arana Creek and Hagemann Creek systems, and their management pursuant to the Environmental Quality policies of the Land Use Plan. The preferred planning approach for this area would be to wait for the creation of the city-wide creeks and wetlands management plan and/or a management plan for Arana Gulch (as described above) before pursuing this project. The DEIR should accurately depict these important management planning issues within the Arana Gulch greenbelt area.
Project Alternatives
In light of the significant coastal resources at stake in Arana Gulch, we suggest that reconsideration (or new consideration) and analysis of feasible alternatives, including but not limited to the following, be pursued.
Railroad Right of Way
It is our understanding that the Santa Cruz County Regional Transportation Commission has awarded monies for the acquisition and development of a pedestrian and bicycle trail that would use the existing railroad right-of-way. Such a trail could provide a consistent west-east travel corridor between City and County locations. Use of this existing corridor would not require development on, or encroachment onto, ESHAs. It appears that such an alignment would also meet the stated project objectives. Moreover, the development of such a bicycle and pedestrian trail along this existing railroad right-of-way could serve to provide off-street bicycle connectivity for not just Broadway to Brommer, but through all of urbanized Santa Cruz City and County. Such an off-street trail system would be much more effective for commuters and recreational users together who would not be forced on and off streets to make their way through the City and County. Such a trail likewise would serve to provide off-street connectivity to the San Lorenzo River path as well as potential bike paths at the Boardwalk and on to the existing trail at West Cliff Drive. Finally, such a trail could more aptly feed into the concept of a Monterey Bay Sanctuary trail through Live Oak, Capitola, and south Santa Cruz County. In conclusion, this alternative warrants further attention and the DEIR should be broadened to include a description of the status of any such trail efforts, and how such trails along the existing rail corridor may be utilized in the future.
Stagg Lane and Mello Lane
Although we welcome the additional information in the DEIR on the Stagg/Mello Lane to Fredrick Street Park bridge alternatives, it is not clear to us how these bridge options would have greater environmental impacts than the bridges and pathways associated with alternatives Al and D2. In particular, the following observations would appear accurate to convey this alternative, and the DEIR should be revised accordingly:
(1) The Stagg/Mello Lane bridge options would in fact meet project objectives of providing connectivity between Broadway and Brommer/7th Avenue since they would provide direct connection from 7th Avenue.
(2) The Stagg/Mello Lane bridge options could connect through to Harbor Drive (as opposed to Fredrick Street) which would allow for less parking (potentially) removed from Fredrick Street to accommodate bike lanes on Fredrick. In f act, it appears that at most one block of Fredrick Street would be so affected under such a scenario. Bike lanes along Harbor Drive would not appear to be necessary as this street is lightly used and conflicts between bicyclists and vehicles would not be expected. Is the existing path from Fredrick Street Park through to Harbor Drive in public ownership or subject to an easement in favor of the public? The DEIR should include information on this potential permutation.
(3) It is not clear that the grading that might be associated with the footings for the Stagg/Mello Lane bridge options would "increase costs and cause geotechnical impacts" as stated by the DEIR. How would the grading at these locations be any more "substantial," or result in more resource impacts, than for alternatives Al and D2? Alternatives Al and D2 would appear to require more such footings and grading in and around sensitive stream channels and wetlands. The DEIR should factor in that grading at already developed urban Harbor areas would tend to have less environmental impacts than would grading within or adjacent to the environmentally sensitive resource areas associated with alternatives Al and D2.
(4) The DEIR asserts that there may be "potential" 7th Avenue traffic impacts associated with the Stagg/Mello Lane bridge options. However, it does not include any information to this effect. The DEIR should be expanded accordingly.
(5) Bridges at Stagg/Mello Lane would not need to provide any more clearance for tall sailboat masts than does the existing bridge at Murray Street. Any boats which are located in the upper Harbor area have already had to pass under the Murray Street bridge. It is not clear to us that there would need to be additional clearance over and above this Murray Street clearance for these options. The DEIR should provide additional information on such height and clearance requirements in the Harbor.
(6) It is not clear to us that the Stagg/Mello Lane bridge options would be more costly financially than alternative Al and D2 bridges. In both alternatives Al and D2, two bridges would be required as opposed to one. Would less total bridging be required for Stagg/Mello options than would be for the two bridge Al and D2 options? The DEIR should provide clear cost estimates and comparisons.
(7) It is not clear to us that the Stagg/Mello Lane bridge options would be more visually intrusive (as detailed in the DEIR) than would be alternative Al and D2 bridges. In fact,.bridges in the already urbanized Harbor area would seem to be more compatible with the surrounding built environment than would be bridges in open space Arana Gulch areas that are currently, largely undisturbed by development. Moreover, such bridges would open up a new public vista over the Harbor that would be accessible to users of Fredrick Street Park and others entering from 7th Avenue in the County. This would be a public recreational enhancement that is supported by LCP policies.
(8) Finally, the Stagg/Mello Lane options should not be excluded because the County would have to accept maintenance responsibility for one of these roads. These streets already provide links from 7th Avenue to the Harbor. In fact, there is already a public stairway from Mello Lane to the Harbor at this location. These roads are very lightly utilized and it would not appear that formal bike lanes would be necessary to allow for connection to a bridge at this location. With respect at least to the Stagg Lane option, there currently exists an offer to dedicate a public access easement over this road parcel pursuant to CDP P-77-036. This offer runs from 7th Avenue all the way through to the Harbor property. The width of this easement is the entire road. Further analysis of whether this easement could be accepted and opened by the County is warranted. Also, we have been unable to locate the "jog" in Stagg Lane or the parcel (0.36 acres) of private property that the DEIR identifies; the road appears to be straight and terminate at the harbor parcel boundary. The DEIR should include analysis of this easement as well as costs that may need to be borne by the County or other agencies should the preferred bike path alternative use Stagg or Mello Lanes.
Harbor Project
Please note that existing and proposed Harbor development closest to Arana Gulch needs additional explanation. First, all Harbor development at this location, including, but not limited to the dredge storage yard, is required to be 100 feet away from the wetland riparian area to the north. Any development that is currently within this buffer zone has not received coastal permit authorization from the Coastal Commission. In fact, pursuant to CDP 3-95-067, the Port District was required to move development out of this buffer area and to erect a fence delineating the 100 foot setback. The "existing condition" discussion for this back Harbor location should be expanded to acknowledge that the only development authorized by CDP to the north of the existing Harbor parking lot pavement is an approximate 70 foot by 150 foot dredge storage yard wholly outside of the 100 foot setback area, and a fence delineating the 100 foot setback. Recent site visits by Commission staff have determined that development in this area is not entirely consistent with these requirements. Further research and additional efforts are underway to ensure that Port District development in this area is brought into compliance with existing CDP conditions.
Second, it should be noted that the Port District's proposed dry boat storage project in this inner Harbor area has not been acted upon. The Port District has proposed expanding approximately 60 feet into the previously required wetland/riparian setback at this location. Were both the bike path (alternative D2) and the Port District project to come to fruition as proposed in the inner Harbor area, there would be little area available with which to buffer the important wetland resource directly northward, to the detriment of resource and habitat values. Such a cumulative impact at this location may be significant and unsupportable. As described above, these resources are protected by the Coastal Act. LCP policies requiring a 100 foot setback at this location also provide guidance in this area.
Specific EIR Modifications
In regards to the identified preferred alternatives (Al and D2), we note that the following impacts analyzed and/or proposed mitigation measures are not adequately addressed within the DEIR:
- Proposed mitigation measure BIO-3 does not address the identified impact upon the viability of the habitat identified as "Raptor Forage Area" resulting from the long-term use of the pathway by humans and domestic animals. This measure, or similar measures, must be expanded to account for such long-term impacts.
- Proposed mitigation measure BIO-4 does not address the identified long-term impacts upon the "coastal terrace prairie" resulting from trash accumulation. This measure, or similar measures, must be expanded to account for such long-term impacts.
- Proposed mitigation measure BIO-5 (b) should include the following text change, "....four-foot high split-rail fence of more natural design may shall be used to mark....," in order to eliminate conflict with proposed mitigation measure BIO-5(c).
- Proposed mitigation measure BIO-7 (a) and (b) do not address the identified impacts upon the viability of the "eucalyptus groves" habitat resulting from the long term use of the pathway. For example will the pathway be closed if breeding raptors/herons are discovered throughout the project's indefinite lifetime? The DEIR should be modified to account for this.
- Identified impact BIO-9 does not take into consideration the permanent removal of potential Santa Cruz Tarplant habitat. Such an impact on endangered species would be significant, and would appear to be unavoidable. The DEIR should be expanded to account for areas of Arana Gulch that provide suitable habitat for Santa Cruz tarplant but may not have individual specimens located therein at this time.
- Proposed mitigation measure BIO-9 requires mitigation through an expired Memorandum of Understanding between the City of Santa Cruz and the California Department of Fish and Game. Proposed mitigation through this document is not appropriate since it is no longer legally binding. The DEIR should address this issue.
- Table 11 in the DEIR lists trees to be retained or moved as a result of each proposed alignment. However, a map that delineates their locations is missing. Please provide a map detailing such in the FEIR.
- Please define the width of the proposed path. At different points in the DEIR, the path is described as 12 feet and at others 10 feet (for example, at the bridges). Please indicate the width of the proposed path.
- Please describe how construction equipment (e.g., cranes) would access Arana Gulch and how/where they would be positioned to install bridges and pathways were alternatives Al or D2 to be pursued.
- How would the path connections be made at the Broadway end of the proposal? Would the "path" be a bike lane painted on the Santa Cruz Bible Church parking lot? Would there be an off-road segment at this location? The DEIR should include more information about how the connection would be established between Broadway and the proposed Hagemann Gulch bridge.
In sum, the proposed project alternatives (Al and D2) both raise Coastal Act and LCP sensitive habitat concerns within Arana Gulch. Although we fully support the provision of non-automobile lateral access through urbanized Santa Cruz, such potential negative impacts dictate that other alternatives should be considered carefully. We hope that at the least the Stagg/Mello Lane Bridge options will be given more scrutiny as will additional details about the potential for recreational trails along, or even in place of, the existing railroad.
Thank you for the opportunity to comment in the development stage of this project. As you move forward with your project analysis and environmental review, the issues identified above, as well as any other relevant coastal issues identified upon further review or due to project modifications, should be considered in light of the provisions of the Coastal Act and the certified City and County of Santa Cruz LCP's. If you should have any questions regarding this matter, please contact me or Kevin Colin of my staff at (831) 427-4863.
Sincerely,
/s/
Charles Lester
District Manager
Central Coast District Office
cc:Alvin James, Director, Santa Cruz County Planning Department
Brian Foss, Port Director, Santa Cruz Port District
Jeannine DeWald, California Department of Fish and Game
Scott Morgan, State Clearinghouse (SCH 98102080)
STATE OF CALIFORNIA - THE RESOURCES AGENCY
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST AREA OFFICE 725 FRONT STREET, SUITE 300 SANTA CRUZ, CA 95060 (408) 4274863 HEARING IMPAIRED: (415) 904-5200
May 13, 2003
Ron Marquez, Traffic Engineer
City of Santa Cruz, Public Works Department
809 Center Street, Room 201
Santa Cruz, CA 95060Subiect: Broadway-Brommer Bike Path
Dear Mr. Marquez.
Thank you for your letter of May1, 2003, and the attached draft staff report regarding the Broadway-Brommer bike path, which will be presented to the City Council during its meeting of May 13, 2003. As requested by City staff, Commission staff is providing additional written comments on the proposed project for presentation to the Council at the May 13,2003 meeting.
STANDARDS OF REVIEW/ESHA
As noted in our letter of January 11, 2000, (see enclosure), the proposed D2 alignment would require coastal development permits (CDPs) from the City and the County. These CDPs would be appealable to the Coastal Commission. In addition, the majority of the prposed project lies within the Coastal Commission's retained coastal permit jurisdiction. Thus, while the City and County LCPs would provide guidance, the standard of review for the majority of the proposed project would be the Coastal Act.
As identified on City of Santa Cruz LCP Map EQ-9, a number of sensitive habitats are found with the Arana Gulch open space area, including wetland, riparian, and grassland habitats. Oak riparian woodland is also present in hagemann Gulch, along the western side of the open space area. In addition, the endangered Santa Cruz tarplant is present within the project area. Therefore, basedon the natural areas identified in the City's LCP and the recent U.S. Fish and Wildlife Service determination that Arana Gulch is critical habitat for the Santa Cruz tarplant (see bleow). as well as observations made by the Califonria Department of Fish and Game in its March 2002 letter, much or all of the Arana Gulch open space area may be located in or immediatley adjacent to such sensitive habitats. Please note that Coastal Act Section 30107.5 defines environmentally habitat as follows:
"Environmentally sensitive area" means any area in which plant or animal life or their habitats are either rare or especially valuable becasue of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities or developments."
Where development is proposed in or adjacent to ESHA in the Commission's CDP jurisdiction, Coastal Act Section 30240 applies and is stated:
(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas.
(b) Development in areas adjacent to environmentally sensitive habitat areas and parks and reacreation areas shall be sited and designed to prevent impacts upon which
CALIFORNIA COASTAL COMMISSION
CENTRAL COAST AREA OFFICE 725 FRONT STREET, SUITE 300 SANTA CRUZ, CA 95060 (408) 4274863 HEARING IMPAIRED: (415) 904-5200
May 13, 2003
Ron Marquez, Traffic Engineer
City of Santa Cruz, Public Works Department
809 Center Street, Room 201
Santa Cruz, CA 95060Subiect: Broadway-Brommer Bike Path
Dear Mr. Marquez.
Thank you for your letter of May1, 2003, and the attached draft staff report regarding the Broadway-Brommer bike path, which will be presented to the City Council during its meeting of May 13, 2003. As requested by City staff, Commission staff is providing additional written comments on the proposed project for presentation to the Council at the May 13,2003 meeting.
STANDARDS OF REVIEW/ESHA
As noted in our letter of January 11, 2000, (see enclosure), the proposed D2 alignment would require coastal development permits (CDPs) from the City and the County. These CDPs would be appealable to the Coastal Commission. In addition, the majority of the prposed project lies within the Coastal Commission's retained coastal permit jurisdiction. Thus, while the City and County LCPs would provide guidance, the standard of review for the majority of the proposed project would be the Coastal Act.
As identified on City of Santa Cruz LCP Map EQ-9, a number of sensitive habitats are found with the Arana Gulch open space area, including wetland, riparian, and grassland habitats. Oak riparian woodland is also present in hagemann Gulch, along the western side of the open space area. In addition, the endangered Santa Cruz tarplant is present within the project area. Therefore, basedon the natural areas identified in the City's LCP and the recent U.S. Fish and Wildlife Service determination that Arana Gulch is critical habitat for the Santa Cruz tarplant (see bleow). as well as observations made by the Califonria Department of Fish and Game in its March 2002 letter, much or all of the Arana Gulch open space area may be located in or immediatley adjacent to such sensitive habitats. Please note that Coastal Act Section 30107.5 defines environmentally habitat as follows:
"Environmentally sensitive area" means any area in which plant or animal life or their habitats are either rare or especially valuable becasue of their special nature or role in an ecosystem and which could be easily disturbed or degraded by human activities or developments."
Where development is proposed in or adjacent to ESHA in the Commission's CDP jurisdiction, Coastal Act Section 30240 applies and is stated:
(a) Environmentally sensitive habitat areas shall be protected against any significant disruption of habitat values, and only uses dependent on those resources shall be allowed within those areas.
(b) Development in areas adjacent to environmentally sensitive habitat areas and parks and reacreation areas shall be sited and designed to prevent impacts upon which