Illegal Seawall Ordered Removed, Owners Fined $1 Million

Surfrider supported the Coastal Commission's consent orders and administrative penalty that called for removal of an illegal seawall in Laguna Beach and fines. 

The property owners engaged in extensive unpermitted rebuilding of their private residence. The extent of building is such that it constitutes new development, which means it is no longer entitled to a seawall under the California Coastal Act according to section 30235. The existing seawall was only permitted to protect the then-existing, Pre-Coastal Act structure based in the owners’ assertion that they would only proceed with a minor remodel. Subsequently, and in violation of the conditions of the permit, the existing house was torn down to the barest frame (as clearly evidenced by the photos in Exhibit 1) and then rebuilt.  As a result,  it cannot be accurately described as a “remodel” by any stretch and thus no longer qualifies for a seawall.

Therefore, the now-illegal seawall must be removed and the owners of the unpermitted structure required to comply with setback and coastal hazard requirements. This is the only way to protect Victoria Beach from sea level rise and preserve the beach for the public to whom it belongs.

It should also be noted that Victoria Beach is the acclaimed birthplace of the popular sport of skimboarding. Victoria Beach continues to be a popular skimboarding beach and in 2017, Laguna Beach was declared the Skimboarding Capitol of the World. Any amount of shoreline armoring will have a drastic impact on the small cove beach and may ultimately lead to its permanent disappearance due to increasing erosion, sea level rise and coastal hazards over the coming years. This in turn, will drastically impact Laguna Beach’s rich recreational and cultural history at this beach and others. Further, the decision made here will set a statewide precedent for how illegal redevelopment and seawalls are treated. As we well know, seawalls exacerbate erosion and accelerate beach loss – and this at a time when we need to be preserving our beaches and retreating from sea level rise. 

The only way to save our beaches, and reduce beach disappearance, is on a case by case – indeed, lot by lot - basis and the California Coastal Commission is at the forefront of those decisions.

With each permitting and enforcement decision the Commission makes today, the consequences will last for decades or more and ultimately decide the fate of California’s beaches – whether we choose to save them or let them disappear by defaulting to hard armoring. As the Coastal Commission staff report states, “Seawalls literally protect a small amount of very expensive private property (e.g., the Katzes stated that their house is now worth $25 million) at the direct expense of the public, including at the expense of environmental justice communities.” We must stand against sacrificing our public beaches - and the recreational opportunities they provide - for private homeowner benefit.

Ultimately, the Coastal Commission approved the consent orders which mandate the seawall be removed, unpermitted development addressed through a coastal development permit and also levy a $1 million fine.