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 City of Solana Beach
Section 2
Shoreline and Coastal Bluff Management Strategies Draft MEIR
Project Description
right in structures built under emergency permits, however. In other words, the construction of
shoreline protection under emergency conditions does not blossom into a right to build a
permanent structure. Still, the California Coastal Commission could continue to issue
emergency permits regardless of whether Solana Beach determines that "Planned Retreat" is
desirable public policy.
Other provisions in the Coastal Act require the California Coastal Commission to issue coastal
development permits as long as the proposed development is in conformity with the provisions
of the Act and as long as issuance of the permit would not prejudice the ability of the local
government to prepare a local coastal program. Public Resources Code 30604, subdivision
(a), provides as follows:
Prior to certification of the local coastal program, a coastal development permit shall be
issued if the issuing agency, or the commission on appeal, finds that the proposed
development is in conformity with Chapter 3 (commencing with 30200) and that the
permitted development will not prejudice the ability of the local government to prepare a
local coastal program that is in conformity with Chapter 3 (commencing with 30200).
The Coastal Act directs the California Coastal Commission to balance the need to protect the
beach with the need of homeowners to protect their homes. Public Resources Code 30214,
subdivision (b), provides: "It is the intent of the Legislature that the public access policies of this
article be carried out in a reasonable manner that considers the equities and that balances the
rights of the individual property owner with the public's constitutional right of access pursuant to
4 Article X of the California Constitution."
Given the various provisions of the Coastal Act discussed above, implementation of the Planned
Retreat Alternative would almost certainly require a change in state law. Implementation of the
alternative, therefore, is beyond the authority of the City acting by itself.
B.
Whether the Planned Retreat Alternative would involve the "Taking" of Private Property
without Just Compensation
A comprehensive examination of the feasibility of the Planned Retreat Alternative must also
consider whether such a policy could result in the "taking" of private property without just
compensation. Eminent domain is the right of government to take private property for public
use upon the payment of "just compensation." Both the United States and California
Constitutions prohibit governmental agencies from taking private property for a public use
unless just compensation is paid. (U.S. Constitution, Fifth Amendment; California Constitution,
Article 1, 19.) "Inverse condemnation" is the de facto taking of private party without the
payment of just compensation. Under a long line of United States Supreme Court cases, a
"taking" (or inverse condemnation) can occur without a governmental entity seeking to
physically seize or occupy a piece of private property.
Because the entire coastline within the City has been developed, with numerous homes and
their backyards extending to areas near the very edges of the bluffs along the shore, the
Project No. 323530000
Page 2-35
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