Chapter 17.62

SHORELINE AND COASTAL BLUFF PROTECTION

Sections:

17.62.010 Findings and declarations. 17.62.020 Policy.

• 17.62.030 Coastal Act requirements. 17.62.040 Definition of words and phrases.

• 17.62.050 Prohibition – Permit requirements.

• 17.62.060 Permit – Application. 17.62.070 Application fee. 17.62.080 Issuance and denial. 17.62.090 City council decisions.

• 17.62.100 Permits to plug or fill seacaves.

• 17.62.110 Temporary emergency permits.

• 17.62.120 Planning director decisions – Time limits – Appeal.

• 17.62.130 Costs.

• 17.62.140 Maintenance and repair of defense structures.

• 17.62.150 Use of city beach and other public property during construction.

• 17.62.160 Landscaping, irrigation, and drainage. 17.62.170 Violations.

• 17.62.180 Severability – Supplemental provisions.

The city council of the city of Solana Beach hereby makes the following legislative findings and declarations:

A. The beach and tidelands of the city are an important public resource. Preservation of an aesthetically pleasing shoreline area is important to protect the beach as a public resource and preserve its appeal as a recreational facility and tourist attraction. The purpose of this chapter is to create a regulatory framework which balances the protection of vested private property rights and important public interests in shoreline resources which can be harmed by the construction of coastal bluff protection measures.

B. The shoreline of Solana Beach is characterized by a narrow strip of sandy beach at the foot of coastal bluffs. At the tops of these bluffs private residences and other structures have been built. Because of the narrowness of the beach and lack of a sand buffer, the bluffs are subjected to erosion from wave action, particularly during the winter

months. Erosion has also resulted from irrigation practices, storm water drainage, construction activity, and climbing activities. Unless properly regulated, seawalls, revetments, bluff retaining walls, erosion control devices, rip rap, cave filling or plugging, and other similar shoreline and coastal bluff protection measures individually and cumulatively may adversely impact the shoreline. When permitted, such devices should be designed, constructed and maintained in a manner that has the least impact on the shoreline and public use of the beach while providing adequate protection to the bluff top structures and uses.

rip rap, cave filling or plugging, and other similar shoreline and coastal bluff protection measures individually and cumulatively may adversely impact the shoreline. When permitted, such devices should be designed, constructed and maintained in a manner that has the least impact on the shoreline and public use of the beach while providing adequate protection to the bluff top structures and uses.

C. The California Coastal Act contains provisions which allow the construction of seawalls, revetments, bluff retaining walls and other similar shoreline and coastal bluff protection measures when necessary to protect existing structures and when consequential damage to the shoreline can be minimized. [Public Resources Code Section 30235.] The scenic and visual qualities of coastal areas are considered a resource of public importance, therefore, the Coastal Act also contains policies which require that new development be located and designed to minimize the alteration of natural land forms and to be visually compatible with the character of surrounding areas. [Public Resources Code Section 30251.] Under the Coastal Act state and local governmental agencies and entities with power and authority to implement the Coastal Act are charged with the responsibility to resolve conflicts between policies of the Act in a manner which on balance is most protective of significant coastal resources. [Public Resources Sections 30007.5, 30200.] This chapter is intended to enact local coastal policies consistent with the provisions of the Act. In adopting this chapter the city council, in a manner consistent with the policies and goals of the Coastal Act, has attempted to balance the rights and privileges of private property owners to preserve, protect, develop and use property with the rights of the public to assure protection of important public resources and the need to assure that development designed to preserve or enhance one property does not adversely affect another property.

D. The San Diego Association of Governments (SANDAG) has adopted a shoreline preservation strategy that establishes certain objectives and strategies for the preservation of coastal resources in the county of San Diego. The city council has

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P. “Significant structure” includes, without limitation, legally existing principal structures, community clubhouses, public coastal access structures, and swimming pools that are structurally integrated with another significant structure, and excludes, without limitation, gazebos, patio decks, fences, landscaping features, and playhouses. (Ord. 195 § 1, 1994)

A. No shoreline defense structure shall be constructed or reconstructed unless a permit is first approved or conditionally approved pursuant to this chapter and Chapter 17.68 SBMC, except that special use permits for the filling or plugging of a seacave may be issued pursuant to the procedures set forth in SBMC 17.62.100 and temporary emergency permits may be granted for certain shoreline and coastal bluff protection measures pursuant to SBMC 17.62.110. Repairs to existing shoreline defense structures may be authorized pursuant to SBMC 17.62.130.

B. Except for permits issued pursuant to SBMC 17.62.100 for filling or plugging a seacave and temporary emergency permits issued pursuant to SBMC 17.62.110, a special use permit shall be issued only after a public hearing, notice of which shall be given pursuant to SBMC 17.72.030.

C. Except when prohibited by state or federal law, the requirements of this chapter shall apply to shoreline defense structures or other coastal bluff protection measures or other permanent or temporary structures placed on public property by the city of Solana Beach, the county of San Diego, the state of California, the United States of America or any agency thereof. In the event of an emergency, temporary structures or devices to preserve or protect public property or public improvements or to serve a public purpose may be placed or installed without the necessity for compliance with the permit requirements of this chapter. Temporary emergency structures or devices shall comply with the construction and maintenance requirements of this chapter.

D. This chapter shall not apply to the construction or maintenance of shoreline defense structures lawfully permitted or constructed before the effective date of the ordinance adopting this chapter, or lawfully constructed after the effective date of the ordinance adopting this chapter; provided, that the construction or maintenance is done in full compli-

ance with all permit conditions or other requirements applicable to the structure; and further provided, that any reconstruction, or maintenance or resurfacing work which alters the physical appearance of the pre-existing structure shall be done in full compliance with the provisions of this chapter. Nothing in this paragraph shall be construed to alter or amend any provision of a previously issued permit.

E. The permit required by this chapter is additional to all other permits for construction or grading required by SBMC Title 15.

F. The permit required by this chapter shall be in lieu of any permit required by SBMC 17.68.040(B); provided, however, that any development, structure or work on a coastal blufftop or seacliff which is not included within the scope of this chapter shall not, by reason of that noninclusion, be deemed to be exempt from the requirements of SBMC 17.68.040.

G. The permit required by the chapter is additional to any permit required pursuant to the California Coastal Act. (Ord. 195 § 1, 1994)

A. Application. In addition to the information required by Chapter 17.72 SBMC, the application for a special use permit issued pursuant to this chapter shall include the following information:

1. A detailed description of the bluff geology in the area where the structure is to be placed, prepared by a qualified licensed professional geologist, engineer or other licensed professional authorized by the state to perform professional engineering and experienced in coastal processes.

2. A detailed description of the alternatives to the proposed structure, prepared by a qualified licensed professional engineer or other licensed professional authorized by the state to perform professional engineering and experienced in coastal processes.

3. A detailed description of the proposed construction methods, prepared by a qualified licensed professional engineer or other licensed professional authorized by the state to perform professional engineering and experienced in coastal processes.

4. A report estimating the life of the existing structure in the absence of a seawall or other shoreline defense structure, or a description of the nuisance to be abated. In addition, the report must

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demonstrate that the construction of the proposed shoreline defense structure will be effective in preserving the integrity of significant structures on the site or preserving an economically viable use of the property. The report must be prepared by a qualified licensed professional geologist, engineer or other licensed professional authorized by the state to perform professional engineering and experienced in coastal processes. An independent analysis of all geotechnical reports submitted pursuant to this chapter shall be prepared by a geologic consultant hired by the city, the cost of which shall be paid for by the applicant.

a. Special Provision Relating to Applications for Plugging and Filling. In lieu of the information required by subsection (A)(4) of this section, an applicant for a seacave plug or fill may submit a report showing the necessity for plugging or filling. The report must also demonstrate the effectiveness of plugging or filling. The report must be prepared by a qualified licensed professional geologist, engineer or other licensed professional authorized by the state to perform professional engineering and experienced in coastal processes.

B. Approval of Form and Completeness of Application Information.

1. The application information shall be presented in a form acceptable to the city engineer and planning director. The city engineer and planning director shall have 30 days following submission of the information to approve or disapprove the form and completeness of the information presented.

2. In order to expeditiously process permits, at the applicant’s discretion with the consent of the city engineer and planning director, the application information may be provided by way of an environmental impact report, initial study, expanded initial study, or other appropriate environmental review document.

C. Application Deemed Acceptable for Processing – Circumstances. If the city engineer and planning director do not respond within the 30-day period the information shall be deemed acceptable for processing.

D. Planning Director Authorized to Establish a List of Qualified Professionals. The planning director may establish a list of qualified professionals meeting the requirements of this section and may establish procedures for establishing such a list. (Ord. 295 § 1, 2003; Ord. 195 § 1, 1994)

A. Basic Application Fee. Each application for a special use permit for a shoreline defense structure shall be accompanied by an application fee established by resolution of the city council. No application shall be accepted or shall be deemed accepted until the application fee has been paid. The application fee may be different for the various types of shoreline and coastal bluff protection measures.

B. Deposit for Additional Costs. In addition, the applicant shall be responsible to pay all costs incurred by the city for professional services determined by the planning director or city engineer to be needed to assist in the review or processing of the application, or for extraordinary costs. When the planning director determines that the processing of an application will result in need for professional services, or result in extraordinary costs not included in the basic application fee, the planning director shall provide the applicant with a statement of expected costs. The applicant shall promptly place on deposit, subject to refund or additional collection, funds in the amount of the expected costs. The planning director shall not process an application until appropriate deposits have been made. At the conclusion of the application process, the planning director shall promptly prepare a refund of unexpended deposits. (Ord. 195 § 1, 1994)

A. Permits for Seawalls, Revetments and Bluff Retaining Walls. A special use permit for a seawall, bluff retaining wall, armoring or revetment may be issued only if the city council finds all of the following:

1. a. An existing significant structure is threatened with imminent danger or destruction because of bluff erosion which occurs naturally, or which results or arises from circumstances which are not within the control of the property owner, and it is reasonably foreseeable that without the shoreline defense structure the threatened structure on the site will suffer structural damage; or

b. The shoreline defense structure is necessary to abate a public nuisance existing on the property that cannot be reasonably abated in another manner; or

c. Unless the shoreline defense structure is permitted the property will be unable to be used

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for any economically viable use permitted by the city’s general plan and applicable zoning.

For the purposes of subparagraph (1)(a), structural damage means a noticeable or measurable amount of structural damage directly related to the bluff condition to be mitigated but does not include construction defects or damage to a structure caused by weather or earthquake. For the purposes of subparagraph (1)(b), removal of a structure, other than a significant structure, shall be considered a reasonable method for abatement of a public nuisance.

2. No other reasonably feasible method of stabilizing the coastal bluff will protect the existing structure, abate the nuisance or preserve the economically viable use of the property.

3. The property owner has taken reasonable steps to protect the property and significant structures by other means.

4. The owner or prior owners did not create the necessity for the shoreline defense structure by unreasonably failing to implement generally accepted erosion and drainage control measures or by otherwise unreasonably acting or failing to act with respect to the property. The provisions of this subsection (A)(4) shall not apply to a bona fide purchaser who acquired the property without knowledge of the condition resulting in the necessity for construction of the shoreline protection device.

5. To the extent the location, size, design and operation characteristics of the proposed shoreline defense structure adversely affect adjacent public or private property, natural resources, or public use of the beach, mitigation shall be provided to the extent deemed feasible with a statement of overriding considerations issued to the extent said impacts are not fully mitigated.

6. The proposed shoreline defense structure will be:

a. The minimum measure necessary to provide a reasonable level of protection; and

b. Constructed and maintained to incorporate an earth-like appearance which will resemble as closely as possible the natural color and texture of the adjacent bluffs; and

c. Constructed and maintained to reasonably conform to the natural form of the bluff; and d. Placed at the most feasible landward location; and

e. Appropriately landscaped and maintained to blend in with the existing environment.

7. The shoreline defense structure will be located entirely on private property or, if the structure will be located partially or entirely on public property or property subject to a public trust all required permits for construction or real property interests have been obtained, or will be obtained, from the appropriate public agency or agencies with jurisdiction and/or ownership.

8. The construction of the structure and reconstruction of the bluff face, if any, will not result in a usable area at the top of the bluff larger than existed on January 3, 1991 or extend the blufftop edge seaward more than 10 feet from the blufftop edge as it existed on January 3, 1991 as shown on the orthophoto map of the city dated January 3, 1991 and on file in the planning department.

9. The project as approved or conditionally approved will not adversely affect the public health, safety or welfare and will not unreasonably affect the public use of the beach. Encroachments into the public beach shall be mitigated to the satisfaction of the city council.

B. Other Types of Work. A special use permit for any other erosion control measure, bluff repair or work on the coastal bluff not otherwise addressed in subsection A of this section, or in SBMC 17.62.100, shall be denied unless the city council finds that the measure is:

1. A necessary preventative measure to stop or control erosion of the bluff; and

2. The measure will not adversely affect the bluff. (Ord. 351 § 1, 2007; Ord. 195 § 1, 1994)

The city council shall render any decision it makes under SBMC 17.62.080 or 17.62.100 by resolution. (Ord. 195 § 1, 1994)

A special use permit for the plugging or filling of a seacave may be issued only if the planning director or city council on appeal finds:

A. Plugging or filling a seacave is:

1. A necessary preventative measure to stop erosion from enlarging the cave, crack, fissure, joint, or fault which if enlarged would eventually threaten the stability of the bluff; or

2. Necessary to protect structures on top of the bluff threatened by the collapse of a cave large enough to impair bluff stability; or

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3. Necessary to eliminate an actual public nuisance including, without limitation, an attractive nuisance.

B. The plug is designed with a “leaner” cement mix on the external facade and a “stronger/greater” mix internally to facilitate plug erosion to match the rate of natural erosion of the adjacent coastal bluff. The external facade will resemble as closely as possible the natural color and texture of the adjacent bluffs and be of sufficient depth to replicate the retreat of the adjacent bluff due to weathering anticipated to be experienced over the next 75 years.

C. The project as approved or conditionally approved will not adversely affect adjacent public or private property and will not unreasonably affect the public use of the beach. (Ord. 195 § 1, 1994)

A. In the event of an emergency, the following remedial, protective or preventive shoreline and coastal bluff protection measures may be allowed only on a temporary basis subject to issuance of a temporary emergency special use permit:

1. Rip rap as defined by this chapter.

2. Sand bags or other sand filled devices.

3. Temporary wood or metal shoring.

B. A temporary emergency special use permit shall be approved or conditionally approved only if the planning director finds the following:

1. That an emergency exists as defined by this chapter.

2. That without an emergency shoreline defense structure or other coastal bluff protection measure, substantial damage to or loss of life or property is imminently probable.

3. The shoreline defense structure will be located entirely on private property or, if the structure will be located partially or entirely on public property or property subject to a public trust all required permits for construction or real property interests have been obtained, or will be obtained, from the appropriate public agency or agencies with jurisdiction and/or ownership.

4. The project as approved or conditionally approved will not adversely affect the public health, safety or welfare and will not unreasonably affect public use of the beach.

C. Any temporary emergency structure, device or other measure shall be removed 180 days after its construction or installation. The time period for removal of a temporary emergency structure may

be extended by the planning director, if the planning director finds that the property owner has applied for and is diligently pursuing a special use permit for a permanent protection structure or device, or has obtained such a permit and is diligently pursuing the construction or installation of the permitted permanent structure or device. In addition, the planning director may extend the time for removal of a temporary emergency structure or measure for periods of 90 days if the director finds that the grounds for initial approval of the temporary emergency special use permit continue to exist and the property owner needs additional time to submit and pursue an application for a permanent protection structure, device or measure. An application for a time extension, along with a statement of justification, shall be submitted to the planning director not less than 30 days before the expiration date.

D. Prior to commencement of construction under a temporary emergency special use permit, or within 15 days thereof if allowed by the planning director, the permittee shall provide a security in the form of a faithful performance bond, letter of credit or other security instrument approved by the planning director and city attorney, in an amount determined by the city engineer, to secure removal of the temporary structure as required by this section. (Ord. 245 § 1, 1998; Ord. 195 § 1, 1994)

A. The planning director shall render a decision pursuant to SBMC 17.62.100 or 17.62.110 in writing. The decision shall be posted on a public bulletin board at City Hall and shall be mailed to the applicant and to the owners or occupants of all property located within 300 feet of the site of the proposed work.

B. A decision on an application for a special use permit under SBMC 17.62.100 shall be rendered within 30 days from the date when the application is determined or deemed to be complete. A decision on an application for a temporary emergency permit under SBMC 17.62.110 shall be rendered within 10 business days from the date of submission of the application.

C. Any interested party, including any member of the city council, may appeal the decision of the planning director to the city council by filing a written appeal with the city clerk within five business days following the date of posting the deci-

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sion. Except when the appeal is brought by a member of the city council, or by the California Coastal Commission or State Lands Commission or other public agency, the appeal shall be accompanied by a fee in an amount established by city council resolution. The city council shall hear and decide the appeal after a public hearing held at the first regularly scheduled city council meeting which is at least 15 calendar days following the filing date of the appeal. (Ord. 195 § 1, 1994)

The costs of installation, maintenance, replacement, removal and relocation of any shoreline defense structure shall be at the sole expense of the permittee or any subsequent owner. Upon removal

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