3.6 Land and Water Use
the CCC who assist local governments in implementing local coastal planning and regulatory powers.
Under that Act, local governments are encouraged to adopt LCPs. The LCP consist of a Land Use Plan
(LUP) with goals and regulatory policies as well as a set of Implementing Ordinances. Of the seven local
jurisdictions for this project, six have approved LCPs acceptable to the CCC (Solana Beach is currently
drafting its LCP).
Several sections of the California Coastal Act focus on shoreline construction, specifically Sections 30235,
30233, and 30706. All of these sections contain an element pertaining to the protection of existing
structures and the protection of public beaches in danger of erosion. Under these sections, construction
will be allowed through revetments, breakwaters, groins, or other means that alters natural shoreline
processes; dredging of open coastal waters, lakes, wetlands, and other areas will be permitted only where
less feasible environmentally damaging alternatives are not available. In particular, in Section 30233,
dredging and spoils disposal, planned to avoid significant disruption to marine and wildlife habitats and
water circulation, is allowed for restoration purposes. Section 30233 states further that dredge spoils
suitable for beach replenishment should be transported to appropriate beaches or into suitable longshore
current systems. The Coastal Act also requires that new construction (Section 30253[2]) shall not require
the construction of protective devices for erosion control.
California State Lands Commission
The California State Lands Commission (CSLC) has exclusive jurisdiction over all of California's tide and
submerged lands and the beds of naturally navigable rivers and lakes, which lands are sovereign lands, and
swamp and overflow lands and State School Lands (proprietary lands).
Authority of the CSLC originates and is exercised from the state's position as a landowner. The CSLC
has statutory authority (Division 6 of the California Resources Code) to approve appropriate uses of state
lands under its jurisdiction and is the administrator of the Public Trust Doctrine over sovereign lands. The
Public Trust is a sovereign public property right held by the State or its delegated trustee for the benefit of
the people. This right limits the uses of these lands to waterborne commerce, navigation, fisheries, open
space, recreation, or other recognized Public Trust purposes. Sovereign lands may only be used for
purposes consistent with this public trust, which uses include commerce, navigation, fisheries, open space,
wetlands and other related trust uses. The CSLC has an oversight responsibility for tide and submerged
lands legislatively granted in trust to local jurisdictions (Public Resources Code 6301).
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