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 City of Solana Beach
Section 2
Shoreline and Coastal Bluff Management Strategies Draft MEIR
Project Description
Thomas (1984) 36 Cal.3d 561, 565.). One of the express goals of the Coastal Act is to "assure
orderly, balanced utilization and conservation of coastal zone resources." The Act, therefore,
accommodates both development and preservation objectives. (Pub. Resources Code,
30001.5, subd. (b).).
The wording of the Coastal Act does not suggest any intent by the California Legislature to
preempt local planning. Rather, the Act provides local governments with authority to zone land
to fit any of the acceptable uses under the policies of the Act. Local governments have the
discretion to be more environmentally restrictive than the Act in permitting land uses. (Public
Resources Code, 30005; Yost, supra, 36 Cal.3d at pp. 572-573.) Still, actions of the
California Coastal Commission may have the practical effect of frustrating the implementation of
local policies that are more environmentally restrictive than those found in state law.
Coastal development permits are required for all development within the coastal zone including
seawalls and other shoreline protection devices.5 Currently, as noted earlier, the City of Solana
Beach Municipal Code requires property owners in Solana Beach to seek a permit from the City
before installing a shoreline protective device. The Solana Beach Municipal Code provisions
regarding permitting of shoreline protection devices are more environmentally restrictive than
Public Resources Code 30235, in that the City provisions limit the availability of such devices
to certain situations, and impose strict requirements as to how such devices must be designed
and constructed. Furthermore, the Solana Beach Municipal Code is more proactive than the
Coastal Act because the Municipal Code generally does not allow more intrusive shoreline
protection devises such as seawalls when other feasible shoreline or coastal bluff protection
measures are available. (Municipal Code, 17.62.020(A).) The Municipal Code favors less
intrusive measures such as seacave plugging and filling over seawalls and similar protective
armoring. Permits for seacave plugging and filling are to be processed expeditiously in order to
avoid the need for more intrusive measures such as seawalls.
(Municipal Code,
17.62.020(B).).
Although neither any California Court of Appeal nor the California Supreme Court has
definitively settled the issue, it appears that Public Resources Code 30235 gives property
owners a statutory right to obtain from the California Coastal Commission permits for
construction of shoreline protection devices under certain circumstances. As long as this
statute remains on the books, the City would be powerless to implement a Planned Retreat
strategy because, regardless of City policy, the California Coastal Commission would continue
to approve seawalls or other structures intended to protect bluff-top properties.
Public Resources Code 30235 provides as follows:
"Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and
other such construction that alters natural shoreline processes shall be permitted when
5
The Coastal Act defines "development" broadly enough to include structures such as sea walls, notch
fills, and other cliff armoring devices. "'Development' means, on land, in or under water, the placement or
erection of any solid material or structure:..."(Pub. Resources Code, 30106.)
Project No. 323530000
Page 2-31
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