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 City of Solana Beach
Section 3
Shoreline and Coastal Bluff Management Strategies Draft MEIR
Environmental Impact Analyses
loss is available. A change to state law would therefore be required before Alternative 4
becomes potentially viable. It is also possible that courts reacting to likely lawsuits from
adversely affected property owners could conclude that this alternative will result in the taking of
private property requiring the payment of just compensation for the property. Even if the City or
the State offer compensation, property owners might argue that the amounts offered are not
enough. At present, the outcome of any such litigation cannot be predicted with any certainty.
For all of these reasons, this alternative would have adverse impacts to land use.
The impact to residential land use along the bluff tops from this alternative shall require a new
policy to relocate and rebuild displaced structures. However, mitigation will not reduce impacts
on land use from this alternative to less than significant levels. Elements of this new policy l
could include:
provisions to adequately compensate homeowners for the economic loss of their property
provisions to relocate structures, if possible, to another property within the region
provisions to relocate residents and assist in identification of residences of similar size and
quality as the vacated property
changes to state Public Resources Code, 30235.
At present, it is not clear whether the City, the State, or the City and the State together would be
responsible for generating the very large amounts of money necessary to effectuate this
alternative. With Public Resources Code section 30235 still in place, any unilateral attempt by
the City to implement a Planned Retreat Alternative would fail, but might also leave the City
without significant financial exposure, as the Coastal Commission would continue to grant
coastal development permits authorizing the construction of protective devices. If, on the other
hand, the Legislature were to repeal or modify that statute in a way that eliminated current state
policy to approve such devices, subsequent or relatively simultaneous action by the City could
leave the City exposed to potential liability for takings absent the dedication of City financial
resources to fully compensating property owners whose residential structures would be lost.
Project No. 323530000
Page 3-40
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