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, 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 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, 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.