Calbeach Advocates v. City of Solana Beach

Good Law
103 Cal. App. 4th 529·127 Cal. Rptr. 2d 1·2002 Cal. App. LEXIS 4932·2002 Daily Journal DAR 12731·2002 Cal. Daily Op. Serv. 10976
Court of Appeal of CaliforniaOctober 9, 2002D038885California3,673 words

Opinion

Opinion

O'Rourke, J.

CalBeach Advocates (CalBeach), a nonmember, nonprofit public benefit corporation, appeals the denial of its petition for a writ of mandate to vacate the approval of a special use permit to constmct a seawall by the City of Solana Beach (Solana Beach). CalBeach contends the court erred when it affirmed Solana Beach’s finding of an emergency under the California Environmental Quality Act (CEQA) (Pub. Resources Code, § 21000 et seq.) and when it held Solana Beach had no duty to make findings; and even if it had a duty, the findings it made were adequate. JWe affirm.

Factual and Procedural History

This case concerns a project to build a seawall in the bluff below the homes of Jonathan Com and J. Harold Seism and Ninni V. Seism, real parties in interest (Real Parties).

Solana Beach’s coast consists of sand beaches backed by steep coastal bluffs 65 to 90 feet high. The steep lower portion of the coastal bluffs consists of Torrey sandstone. The sloping upper portion of the bluffs consists of about 10 feet of clean sand, topped by moderately consolidated sand, and capped by a 10-foot cemented clay sand deposit.

Although there was no appreciable erosion of Solana Beach’s…

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