Chapter 17.62
SHORELINE AND COASTAL BLUFF PROTECTION
Sections:
17.62.010 Findings and declarations.
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.
17.62.080 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.
17.62.140 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.
17.62.180 Severability – Supplemental provisions.
17.62.010 Findings and declarations.
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.
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 considered the shoreline preservation strategy, adopted July 23, 1993, in the development of this chapter. In particular the city council finds that this chapter does the following things as recommended by the shoreline preservation strategy: minimizes construction on beaches and in front of seacliffs; protects property from storm waves, flooding and seacliff erosion by permitting, subject to regulation, certain types of shoreline defense structures; requires persons desiring to install shoreline defense structures to mitigate adverse impacts resulting from the construction including, without limitation, impacts on the environment, aesthetic impacts and impacts on the public’s use of the beach and other property subject to a public trust. Additionally, the city council finds that this chapter and other city ordinances and regulations address other shoreline preservation strategies by establishing setbacks from seacliffs and imposing blufftop erosion management measures such as irrigation controls, restrictions on grading of blufftops and seacliff faces and restrictions on drainage over blufftops and seacliff faces. The city council finds that these city ordinances and regulations constitute part of the city’s contribution to a cooperative, cost-effective regionwide shoreline management strategy; and that the city intends to continue working together with other local, state and federal governments and agencies to develop this strategy and to seek financial support for it.
E. Preservation and enhancement of the beach is an important city goal. During the preparation of the local coastal plan required pursuant to the California Coastal Act the city will develop and adopt policies, goals and implementation measures to preserve and enhance beach sand levels. The city will also support regional efforts to manage beach sand.
F. Regulating the use of seawalls, revetments, bluff retaining walls and other similar structures is consistent with the Solana Beach general plan. Safety element Policy 4.b discourages the use of seawalls.
G. This chapter is not intended, and shall not be construed, to authorize the granting or denial of a permit in a manner which will take or damage private property for public use without payment of just compensation. (Ord. 195 § 1, 1994)
17.62.020 Policy.
A. The safety element of the city’s general plan provides that the city shall discourage the use of seawalls. [Goal 3.2, Objective 4.0, Policy 4.b.] The open space and conservation element of the city’s general plan provides that the city shall require new developments to be subjected to visual impact analyses where potential impacts upon sensitive locations are identified, and further shall require that new structures and improvements be integrated with the surrounding environment to the greatest possible extent. [Goal 3.2, Objective 3.0, Policy 3.a., and 3.b.] Therefore, it is the policy of the city council of the city of Solana Beach to strictly regulate the construction of new seawalls, revetments, bluff retaining walls, gunite covering, metal or wood armoring and other similar shoreline defense structures. Such protection measures generally will not be allowed when other feasible shoreline or coastal bluff protection measures are available. Permits for the construction of seawalls, revetments, bluff retaining walls, gunite coverings, metal or wood armoring and other similar structures will be issued only when necessary to accomplish one of the following purposes:
1. To protect existing legally built structures on property when the structure or structures are threatened with imminent danger or destruction from bluff failure due to erosion and other methods of protecting the structure or structures are not feasible, and the benefit of protecting the structure as opposed to removing it outweighs the adverse impact resulting from the construction of the protective device; or
2. To preserve economically viable use of property, when it is demonstrated that without the proposed protection measure the property could not be used for any economically viable purpose and other methods of protecting or economic usefulness of the property are not feasible; or
3. To abate a public nuisance when other methods of abatement including, but not limited to, removal of a structure or improvement would result in a severe economic hardship to the owner of private property or the loss of a significant public benefit.
B. Shoreline protection measures such as seacave plugging and filling are preferred over the construction of seawalls, bluff retaining walls, gunite covering and similar permanent armoring. Permits for seacave plugging and filling will be expeditiously processed and will generally be permitted or conditionally permitted to be constructed in accordance with the design criteria of this chapter. Plugging and filling of caves is acceptable as a reasonable measure to prevent erosion and minimize effects that could result in a future need to construct a more intrusive protection device.
C. Rip rap, sand bags, armoring, revetments and other temporary bluff protection measures shall be permitted only on a temporary basis to respond to an emergency.
D. It is the further policy of the city that applications for permits under this chapter be processed expeditiously to the extent such processing is consistent with the protection of the public interest and the preservation of private property. (Ord. 195 § 1, 1994)
17.62.030 Coastal Act requirements.
Nothing in this chapter shall be construed to modify, repeal, or supersede any other law or regulation pertaining to work or development on a coastal bluff. Nothing in this chapter shall be construed to permit or prevent any activity, development or work requiring the issuance of a coastal development permit but which is not subject to regulation pursuant to this chapter. The requirements of this chapter shall be met before issuance of a coastal development permit pursuant to the California Coastal Act. (Ord. 195 § 1, 1994)
17.62.040 Definition of words and phrases.
The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section, unless from the context in which the word or phrase is used a different meaning is evident.
A. “Armoring” means the creation of any artificial device that affords a coastal dependent structure protection from erosion due to wave action, rain or wind.
B. “Bluff retaining wall” means a wall placed at the bottom of a coastal bluff that is designed to provide subjacent or lateral support to the property above it.
C. “Coastal dependent development or use” means any development or use which requires a site on, or adjacent to, the sea to be able to function at all.
D. “Emergency” means a sudden, unexpected occurrence requiring a quick response to prevent or mitigate imminent loss or damage to life, health, property or essential public services.
E. “Feasible” means capable of being accomplished in a successful manner, taking into account economic, environmental, social and technological factors.
F. “Gunite covering” means a mixture of cement, sand, and water, usually sprayed over a metal mold.
G. “Imminent” means an occurrence that is reasonably foreseeable within 12 months from the time the determination of imminence is made.
H. “Natural surface and texture” means a surface which resembles as closely as possible the existing color, texture and contour of the adjacent coastal bluffs.
I. “Protective device” means any type of device, measure, or structure not mentioned herein constructed in or on a coastal cliff or bluff which is intended to preserve and protect the coastal cliff or bluff from the effects of erosion.
J. “Revetment” means a stone or concrete barricade engineered to sustain an embankment by dissipating wave action.
K. “Rip rap” means a barricade of randomly placed stone, concrete, block, sandbags or other similar materials designed to protect against wave action erosion.
L. “Seacave” includes caves, joints, faults, ruptures or cracks in a bluff surface.
M. “Seacave fill or plug” or any variation of this term means any concrete, slurry, grout or any other material formed to fit and used to fill the mouth of a seacave, or use to fill the entire sea cave to stop the effects of wave action erosion from expanding the sea cave or to stabilize the bluff above the seacave.
N. “Seawall” means any wall or embankment placed contiguous with the base of the bluffs and engineered to protect a bluff or to act as a breakwater. Seawall includes revetments, bluff retaining walls and other similar shoreline protection measures.
O. “Shoreline defense structure” means any seawall, revetment, bluff retaining wall, armoring, revetment, seacave fill or plug, rip rap, protective device or other permanent or semipermanent application intended to preserve and protect the shoreline, coastal bluffs, and/or existing structures from the effects of wave action erosion and other natural forces.
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)
17.62.050 Prohibition – Permit requirements.
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 compliance 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)
17.62.060 Permit – Application.
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 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)
17.62.070 Application fee.
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)
17.62.080 Issuance and denial.
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 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 bluff-top edge seaward more than 10 feet from the bluff-top 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)
17.62.090 City council decisions.
The city council shall render any decision it makes under SBMC 17.62.080 or 17.62.100 by resolution. (Ord. 195 § 1, 1994)
17.62.100 Permits to plug or fill seacaves.
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
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)
17.62.110 Temporary emergency permits.
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)
17.62.120 Planning director decisions – Time limits – Appeal.
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 decision. 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)
17.62.130 Costs.
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 of any shoreline device, the permittee or owner shall, at his or her sole expense, cause the surrounding area to be repaired and restored to a condition resembling as closely as possible the natural bluff terrain existing at that time. (Ord. 195 § 1, 1994)
17.62.140 Maintenance and repair of defense structures.
A. The owner or any subsequent owner of the property on which a shoreline defense structure is located shall have the continuing obligation to do all of the following:
1. Maintain the structure and the recontoured bluff in good repair;
2. To remove debris that is deposited on the beach or in the water during construction of the structure or as a result of its erosion or failure afterward;
3. To immediately remove graffiti or other markings or any other unsightly vandalism should it appear on the project face of the structure;
4. To abide by all terms and conditions of the permit.
B. If the owner or subsequent owner of the property fails to perform the requirements of any subparagraph of subsection A, the city can, after 30 days prior written notice to the owner, perform any work and impose the cost of such work as a lien on the property.
C. The planning director may authorize minor work to repair any legally existing shoreline defense structure or the bluff area immediately adjoining the structure; provided, that:
1. The repair work does not extend the height of the structure by more than one foot or the width of the structure by more than three feet;
2. The repair work does not substantially alter the appearance of the structure;
3. A building permit is obtained before any structural work requiring such a permit is commenced;
4. The structure’s surface will be modified to incorporate an earth-like appearance which will resemble as closely as possible the natural color and texture or the adjacent bluffs. (Ord. 195 § 1, 1994)
17.62.150 Use of city beach and other public property during construction.
The permittee may use the beach or other city property for access for permitted construction, repair or maintenance of a permanent or temporary shoreline defense structure. Such use shall be subject to the provisions of this code relating to use of or encroachments on city property, applicable conditions of approval of the special use permit, and adopted regulations or policies relating to beach use and activities. The permittee shall defend, indemnify and hold harmless the state of California and the city and each of their respective agencies, officers and employees from any and all liability resulting from the use of the public beach or other city property under this section, and in this regard the provisions of SBMC 11.20.030 shall apply. The permittee shall pay to the city all applicable fees and deposits for use of the beach or other city property prior to commencement of construction or maintenance and all city staff or contract service to monitor and/or regulate construction activities. (Ord. 195 § 1, 1994)
17.62.160 Landscaping, irrigation, and drainage.
A. Landscaping of lots located between the coastal bluff and the first public street shall conform to landscaping standards prepared by the planning director and approved by city council resolution. The landscaping standards shall encourage the use of native vegetation that thrives on seasonal rain and natural coastal moisture, and requires minimum watering. Lawns and similar ground cover may also be permitted subject to strict watering requirements. The landscaping standards shall discourage work on the bluff face. In developing the landscaping standards, the city shall provide a process where owners can maintain existing mature landscaping using watering techniques approved by a licensed landscape architect and determined by the city engineer to not create risk to bluff stability.
B. Automatic irrigation systems shall be prohibited within 100 feet of the coastal bluff unless the systems incorporate automatic shut-off valves and moisture sensors. Retrofitting with drip, mist and other very low flow irrigation devices of irrigation systems on the bluff or within 25 feet of the bluff top edge may be reasonable steps a property owner may take to minimize potential adverse impacts to the bluff.
C. Lots located between the coastal bluff and the first public street shall have drainage systems that convey surface drainage away from the bluff edge. Drainage over the bluff edge or through the bluff shall be prohibited unless the water is contained within a pipe drainage system approved by the city engineer. Installation of a drainage system that conveys surface and subsurface water away from the coastal bluff and to the public street or to an approved pipe drainage system is a reasonable step a property owner may take to minimize bluff erosion. (Ord. 195 § 1, 1994)
17.62.170 Violations.
A. Any violation of this chapter is a misdemeanor punishable pursuant to the provisions of Chapter 1.16 SBMC.
B. Any shoreline defense structure, or part thereof, constructed or maintained in violation of this chapter is a public nuisance.
C. Any person who constructs, repairs or maintains, or directs the construction, repair or maintenance, of a shoreline defense structure, or part thereof, in violation of this chapter is subject to a civil penalty in the amount of $1,000 per day for each day that the violation exists.
D. In addition to the provisions of this section, the provisions of Chapter 1.16 SBMC shall apply to violations of this chapter. (Ord. 195 § 1, 1994)
17.62.180 Severability – Supplemental provisions.
If any provision of this chapter as herein enacted or hereafter amended, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect the other provisions or applications of this chapter (or any section or portion of section hereof) which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are, and are intended to be, severable.
The provisions of this chapter are intended to augment and be in addition to other provisions of the Solana Beach Municipal Code. Whenever the provisions of this chapter impose a greater restriction upon persons, premises, or practices than are imposed by other provisions of the Solana Beach Municipal Code or the California Coastal Act, the provisions of this chapter shall control.
If any sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional or otherwise invalid, the decision shall not affect the remaining provisions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each sentence, clause, and phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. (Ord. 195 § 1, 1994)