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Supervisors delay SB 9 coastal‑zone ordinance pending state Housing Department input
Summary
The board agreed to continue action on SB 9‑related Local Coastal Program amendments until Sept. 30 or until the Department of Housing and Community Development replies on whether proposed blanket exclusions of certain zones are permissible.
The Santa Cruz County Board of Supervisors voted Aug. 5 to continue consideration of Local Coastal Program (LCP) amendments tied to implementing Senate Bill 9 until Sept. 30 or until the California Department of Housing and Community Development (HCD) provides feedback.
Supervisor Ryan Koenig moved to delay the second reading and final adoption so the board could receive explicit HCD comment on blanket exclusions included in the Coastal Commission’s revisions. Koenig said he had reviewed a recent HCD technical assistance letter to the City of Laguna Beach that criticized “blanket exclusions” for certain zones and worried the county’s version could trigger a similar objection. “I just don’t want to get in the middle of two state agencies,” he said, adding he preferred staff obtain HCD input before proceeding.
Assistant Director Stephanie Hansen of Community Development and Infrastructure told the board HCD and Coastal Commission staff had been involved during drafting and that prior staff work incorporated restrictions on development in beach, bluff and fire hazard zones. County Counsel Natalie Kirkish said she did not see a legal impediment to the exclusions and said delaying indefinitely could frustrate the county’s permit schedule.
After public comment from homeowners and property‑rights advocates urging the board to reject Coastal Commission changes, the board voted 3–2 to continue the item. Supervisors Serpa, Koenig and Martinez voted in favor of the continuance; Supervisors Cummings and Hernandez voted no. The motion sets Sept. 30 as a “drop‑dead” date to prevent the county’s coastal certification from lapsing.
Why it matters: SB 9 (state law allowing ministerial lot splits and duplexes) limits local discretion but requires jurisdictions to reconcile state housing rules with Coastal Act protections. The contested point before the board was whether the Coastal Commission’s modifications — carving out blanket exclusions for certain coastal bluff and RB (residential beach) zones — are consistent with HCD guidance favoring site‑specific hazard analysis over zone‑wide bans.
What’s next: Staff will request HCD comment and return with any necessary revisions. If HCD does not respond by Sept. 30 the ordinance will return to the board for final action.
