Seabright Neighbors Association

Threat and Opportunity
The Frederick Street Park, a cherished Santa Cruz landmark, bears the threat of being compromised by commercial developers who want to turn 170 Frederick St. (former site of the Kingdom Hall church) into a dense, planned development housing project. The development completely blocks views of Arana Gulch from the park, shrinks the city-owned easement and heritage pedestrian/bicycle corridor running through the park, circumvents established zoning laws, and increases traffic in the already congested Broadway-Frederick-Soquel corridor. In-depth environmental, geological, and drainage assessments have not been done, and because the developers have convinced the City Council that this development trumps neighborhood benefit, this project could damage the park, harbor, and community.

Along with this threat comes an opportunity. We can reinforce neighborhood rights and hold the City Council accountable for protecting coastal access, viewsheds, and coastal bluffs as articulated in the Local Coastal Plan. With enough community participation, we can stop the development at 170 Frederick Street and, instead, get the city to expand the Frederick Street Park for the good of the community. While attaining this result presents a significant challenge, if we generate enough participation, the required money and know-how can be found. The Seabright-Harbor neighborhood, plus future generations of residents and visitors to Santa Cruz will be grateful that we preserved this treasure.

Once gone, gone forever!

The Proposed Development:

• Creates a wall of tract-style houses along the entire border of the park, completely blocking views of Arana Gulch from the park and boxing in currently open public space.
• Decreases much of the public easement along the border with the park that pedestrians and cyclists have been using for decades as open space and for park and harbor access.
• Does not respect the character of the neighborhood.
• Circumvents the density limitations of the neighborhood's R-1-5 zoning.
• Was approved without adequate environmental reviews.

History and Status
Because of overwhelming community opposition to this development, the Planning Commission denied the developer’s original proposal at its public hearing on October 2006. In December 2007, the developers took a similar plan to the City Council and got it passed without in-depth environmental reviews and with disregard to 1,600 residents who signed a petition opposing the project and the many people who voiced their opposition at the public hearing. Five former Santa Cruz mayors wrote the City Council asking them to deny this project for the good of the greater community. The citizens who originally created the park for Santa Cruz spoke out against the development. The City Council heard the developers but not the community.

The Seabright Neighbors Association (SNA) filed an appeal (worth reading) with the California Coastal Commission (CCC), which, if it determines significant coastal issues exist, can put the project on hold or changed to conform to the Coastal Act. Their decision is pending. There will be a public hearing of the Coastal Commission on Friday, April 11th, in Santa Barbara. A number of neighbors will be attending and speaking. We also filed a separate action in the Superior Court suing the City of Santa Cruz for alleged violations of the California Environmental Quality Act (CEQA), which provides a placeholder for further action if the CCC does not act on our appeal. Carol DePalma on behalf of Sally DeGiralomo, Shelly Hatch, and Pat Matijcek have also filed CCC appeals.

To review a draft of the Santa Cruz 2030 General Plan, go to: http://www.ci.santa-cruz.ca.us/pl/gp/GPmain.html

The California Coastal Commission and The Law

The CCC document, The California Coastal Commission: Why it Exists and What it Does, states:

"It is the policy of the State to preserve, protect, and where possible, to restore the resources of the central coastal zone for the enjoyment of the current and succeeding generations... The Commission plans and regulates development and natural resources use along the coast in partnership with local governments and in keeping with the requirements of the Coastal Act." The Frederick Street park is a precious public resource within the Coastal Zone and should be expanded for the enjoyment of current and future generations.

The Coastal Commission Act seeks to:

1. “Protect and expand public shoreline access and recreational opportunities.“
   The paved roadway beyond the gate and along side the parking lot has served as public access to the park, ocean, harbor, and Arana Gulch for 50 years. The city wants to transfer this public easement to private interests. This directly interferes with public’s right to coastal access.
   
2. “Protect scenic landscapes and views of the sea.”
   Public Resources Code, Section 30251, gives special protection to the “scenic and visual qualities of coastal areas” such as the Harbor, Monterey Bay, Arana Gulch, our coastal bluffs, and open space. This development obstructs protected visual access to these public treasures.
   
3. “Establish stable urban-rural boundaries and guide new development onto adequate areas with adequate services.”
   This development plan mars the character of the surrounding area. Nine units form a wall of buildings looming over the park with an additional wall of three units bordering Frederick street. The incompatibility of the development undermines the neighborhood and the park.
   
4. “Protect farmlands, natural landforms, commercial fisheries, special communities, and archeological resources.”
   Our coastal bluffs that drop to the Harbor show years of erosion. The city irresponsibly accepted an inadequate evaluation of geological hazards and drainage issues. Human safety and preserving California’s natural landforms remain at stake.

The CCC appeal process occurs in two steps. First, local staff reviews appeals to determine whether there is, in their opinion, at least one "significant issue" with the development plan. If so, they recommend a de novo, or new, hearing. This recommendation is typically accepted. This part of the process normally takes two to three months, during which time the project permit is stayed.

The second step, the de novo hearing, allows for the presentation of new evidence for and against the project and also allows the CCC to take up concerns it may have other than those raised by the appellant. At that point, the CCC's authority regarding violations of CEQA supersedes the authority of the Superior Court and our lawsuit would become moot. The time usually involved in coming to a final judgment of a de novo hearing is approximately eight months.

During this eight months, we can confer with the Coastal Conservancy, private donors (with whom we are already in contact), and other specialists in obtaining coastal lands for public benefit, and raise the money for the City of Santa Cruz to purchase the land, and expand and maintain the park. The developers, PuffskyLLC, have indicated that, under the right circumstances, they are willing to sell the property.

Arana Gulch appears through the trees, below. This view from the park will be lost to the public and replaced by a wall of housing units.

Another at-risk view of Arana Gulch is captured in Erika Perloff's painting and a summertime photo.

 Contacting the Coastal Commission

Communicating matters! Here are some talking points for communicating with the Coastal Commission.

Talking Points:

• The Planned Development (PD) is too dense and inappropriate for its location in the coastal zone. In-depth erosion, harbor run-off, and geological studies have not been done.
• This PD is an end-run around zoning.
• The public has been using the south side of the property for decades to access both the harbor and the park. This access should not be shrunken or eliminated.
• The project completely blocks public views of Arana Gulch from the park, which is a City and Coastal Landmark and should be protected.

Send written letters to:

California Coastal Commission
Central Coast District Office
725 Front Street, Suite 300
Santa Cruz, CA 95060-4508
Attn: Susan Craig
Or call: 831-427-4863

Return to top