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SB-1090 Coastal erosion: installation of shoreline protective devices: application process.(2019-2020)

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Date Published: 04/09/2020 09:00 PM
SB1090:v98#DOCUMENT

Amended  IN  Senate  April 09, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1090


Introduced by Senator Bates

February 19, 2020


An act to amend Section 30235 of add Section 30237 to the Public Resources Code, relating to coastal resources.


LEGISLATIVE COUNSEL'S DIGEST


SB 1090, as amended, Bates. California Coastal Act of 1976: natural shoreline: construction. Coastal erosion: installation of shoreline protective devices: application process.
The California Coastal Act of 1976 provides for the planning and regulation of development within the coastal zone, as defined. The act requires construction that alters natural shoreline processes to be permitted by the California Coastal Commission or a local government with an approved local coastal program when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. The act further provides that certain marine structures should be phased out or upgraded, where feasible.

This bill would make nonsubstantive changes to those provisions of the act.

This bill would, except as provided, require the commission or a local government with an approved local coastal program to approve the repair, maintenance, or construction of retaining walls, return walls, seawalls, revetments, or similar shoreline protective devices for beaches or adjacent existing residential properties in the coastal zone in the Counties of Orange and San Diego that are designed to mitigate or protect against coastal erosion. If a local government denies the application for a shoreline protective device, the bill would require the local government to inform the commission, in writing, of its decision with supporting evidence. The bill would require the commission, if it denies an application or if it receives notice of a local government’s denial, to submit a report to the Legislature of its denial or the report from the local government. By imposing additional duties on a local government, this bill would impose a state-mandated local program. The bill would authorize the commission or a local government to charge a fee for the processing of an application for a shoreline protective device, as provided. The bill would specify the procedure for seeking judicial review for action taken by the commission or a local government for applications for shoreline protective devices and would provide that a decision denying the application is subject to de novo review by a court. The bill would require the commission to identify native plant species for areas in the coastal zone of the Counties of Orange and San Diego, as specified, and would specify that a property owner would not be required to obtain approval from the commission or a local government for the planting of those identified species.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
This bill would exempt from CEQA actions taken by a public agency implementing the provisions of this bill.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Orange and San Diego.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 30237 is added to the Public Resources Code, to read:

30237.
 (a) For purposes of this section, the following definitions apply:
(1) “Coastal hazard mitigation zone” means that portion of the coastal zone in the Counties of Orange and San Diego that is composed of beaches and their adjacent properties, whether public or private.
(2) “Existing residential property” is residential property with a permitted or constructed structure as of May 1, 2020.
(3) “Sand mitigation offset” means the amount of sand, to be determined by the commission or local government, as appropriate, that is projected to be lost from the beach affected by the shoreline protective device for a period of 20 years.
(b) (1) Except as provided in paragraph (3), the commission or a local government with an approved local coastal program shall approve the repair, maintenance, or construction of retaining walls, return walls, seawalls, revetments, or similar shoreline protective devices for beaches or adjacent existing residential properties in a coastal hazard mitigation zone if those shoreline protective devices are designed to mitigate or protect against coastal erosion and those shoreline protective devices meet the requirements of this section.
(2) (A) The commission or a local government issuing an approval under this section may require the recipient of an approval to mitigate the impact of a shoreline protective device by adding a sand mitigation offset at the affected beach; provided, however, that the obligation on a private property owner to add a sand mitigation offset may not exceed, in total cost, the lesser of twenty-five thousand dollars ($25,000) or 1 percent of the assessed value of the private property. If a sand mitigation offset added to a beach under this section requires a separate permit, including a coastal development permit, from the commission or a local government, that permit shall be processed and considered concurrently with any application under this section. The terms and conditions of that permit shall be consistent with, and limited by, this section.
(B) The sand mitigation offset shall be added, as directed by the commission or local government, as appropriate, before the initiation of any work on the shoreline protective device and at the approval recipient’s sole expense. A state agency, including the commission, or a local government shall not require other mitigation related to the alteration of the natural shoreline processes, to impacts to shoreline sand supply, or to impacts associated with the loss of recreational benefits or opportunities, such as public recreation fees.
(3) (A) The commission or a local government may deny an application for a shoreline protective device under this section if the commission or local government determines that the construction of a shoreline protective device would constitute a substantial threat to the public health or safety.
(B) If a local government denies the application, it shall, within 30 calendar days of the denial, inform the commission, in writing, of its decision along with a report that includes evidence supporting the denial. If the commission denies an application, or receives notice of a local government’s denial, the commission shall, within 30 calendar days, submit to the Legislature, in accordance with Section 9795 of the Government Code, a report that includes evidence supporting the commission’s denial of the application or the report from the local government, as applicable.
(4) The commission or a local government shall, within 30 calendar days of the submission of an application for a shoreline protective device under this section, notify an applicant in writing whether the application is approved or denied.
(c) (1) A state agency or local government shall not adopt an ordinance, regulation, policy, or rule that is inconsistent with this section.
(2) This section does not limit the commission or a local government from requiring shoreline protective devices to be constructed in accordance with accepted construction and engineering standards, including the California Building Code (Title 24 of the California Code of Regulations).
(d) The commission or a local government may charge a fee for the processing of an application for a shoreline protective device under this section that is equivalent to that for an application for an emergency permit.
(e) The commission shall identify native plant species for each area within the coastal hazard mitigation zone that are drought resistant and can withstand local soil conditions. A property owner in a coastal hazard mitigation zone may plant any identified species without obtaining any further approval from the commission or a local government.
(f) A decision by the commission or a local government under this section may be reviewed solely by filing a petition for a writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure and within 90 days after the decision has become final. Notwithstanding Section 1094.5 of the Code of Civil Procedure, a decision denying the application for a shoreline protective device shall be reviewed de novo.
(g) Division 13 (commencing with Section 21000) shall not apply to any action taken pursuant to this section.
(h) In inspections performed for purposes of this section, the commission or local government may only enforce requirements set forth in approvals granted pursuant to this section and shall not enforce other legal requirements not related to this section.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SEC. 3.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the extreme beach erosion, such as the Encinitas Bluff collapse and Capistrano Beach erosion, occurring in the Counties of Orange and San Diego.
SECTION 1.Section 30235 of the Public Resources Code is amended to read:
30235.

Revetments, breakwaters, groins, harbor channels, seawalls, cliff retaining walls, and other construction that alters natural shoreline processes shall be permitted when required to serve coastal-dependent uses or to protect existing structures or public beaches in danger from erosion and when designed to eliminate or mitigate adverse impacts on local shoreline sand supply. Existing marine structures causing water stagnation contributing to pollution problems and fishkills should be phased out or upgraded, where feasible.