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 City of Solana Beach
Section 2
Shoreline and Coastal Bluff Management Strategies Draft MEIR
Project Description
The outcome of any litigation involving these arguments cannot be predicted. It is clear, though,
that any such takings arguments would at least be plausible, and might possibly succeed. A
loss by the City in such litigation could have very severe economic consequences because of
the very high property values of the homes along the bluffs. Notably, if the City modified or
repealed its Ordinance while 30235 remained in effect, the subsequent repeal of that statute
could be the governmental action that is the proximate cause of any resulting taking. The State
would therefore be a more logical target than the City for a takings lawsuit. A legally riskier
scenario would be to implement a local Planned Retreat policy after the Legislature has already
modified or repealed 30235. Under the latter scenario, the City's elimination of policies
intended to protect property investments might be seen as the proximate cause of any resulting
economic losses. Under that scenario, the City might be a logical target for legal attack.
C.
The Legal Effect of Having an Approved Local Coastal Program
Under the Coastal Act, each coastal county and city is required to submit a local coastal
program ("LCP") to the California Coastal Commission. The LCP contains land use plans,
zoning ordinances, and other implementing actions that implement the requirements and
policies of the Coastal Act at the local level. The City of Solana Beach is in the process of
obtaining California Coastal Commission certification of the City's proposed LCP. Consideration
by the City of the draft LCP has been postponed until the review period for this MEIR has
passed.
If the California Coastal Commission certifies the LCP, the authority to issue certain coastal
development permits, including permits for shoreline protection, would be shifted to the City.
(Pub. Resources Code, 30519, 30600.) The City's action on permit applications, however,
would still be appealable to the California Coastal Commission. (Pub. Resources Code,
30603.) Therefore, even if Solana Beach had a certified LCP in place, its ability to implement a
Planned Retreat policy would still be limited by the California Coastal Commission and its
obligations under 30235.
D.
The Roles of Other Public Agencies
Under state and federal law, there are a number of agencies with responsibility to plan for and
respond to coastal erosion issues. Responding to coastal erosion at the state level is the
responsibility of the Department of Boating and Waterways. That department is California's
primary agency responsible for working to restore eroded beaches and protecting public coastal
infrastructure. Sections 65 through 67.3 of the State Harbors and Navigation Code assign to
the Department the responsibility for studying shoreline erosion, constructing protective works,
and administering state funds for the local share of federal projects. Sections 69.5 through 69.9
assign to the Department responsibility for administering the California Beach Restoration
Program. The mission of the program is to preserve and protect the California shorelines by
restoring and maintaining natural and recreational beach resources and by minimizing economic
losses caused by natural and human-induced beach erosion.
Project No. 323530000
Page 2-39
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