§ 156.051 PUBLIC ACCESS STANDARDS.

(A) Access protection and enhancement. The city, through the non-profit organization created by Implementing Action 3 of Chapter 3 of the Local Coastal Program Land Use Plan, shall protect and enhance the public's right of access to and along the shoreline by:

(1) Utilizing the non-profit organization to accept offers of dedication that will increase opportunities for public access and recreation consistent with the Local Coastal Program and the availability of necessary non-profit organization staff and funding to improve and maintain accessways and assume liability for them;

(2) Actively seeking other public, community non-profit, or private agencies to accept offers of dedications and having them assume liability and maintenance responsibilities; and

(3) Allowing only such development as will not interfere with the public's right of access to the sea, where such right was acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches or shoreline to the first line of terrestrial vegetation.

(B) Vertical access easement. For new development between the first public road and the sea, a vertical access easement to the mean high tide line shall be granted unless:

(1) Another more suitable public access corridor is available or proposed by the Local Coastal Program within 500 feet of the site;

(2) Access at the site would be inconsistent with other Local Coastal Program policies, including existing, expanded, or new coastal dependent industry, agricultural operations, or the protection of fragile coastal resources; or,

(3) Access at the site is inconsistent with public safety or military security needs. Consistent with Coastal Act Section 30212(b), the term “new development” does not include replacement of any structure pursuant to Section 30610(g); the demolition and reconstruction of any single-family residence, provided it is sited in the same location and does not exceed the former structure by more than 10% in floor area, height, or bulk; improvements to any structure which do not change its intensity of use, nor increase its height, bulk, or floor area by more than 10%, do not block or impede public access, and which do not result in a seaward encroachment by the structure; and any repair or maintenance activity for which the Coastal Commission has determined, pursuant to Coastal Act Section 30610, that a coastal development permit will be required unless the Commission determines or has determined that such activity will have an adverse impact on lateral public access along the beach.

(C) Lateral access easement. For new development between the first public road and the sea, a lateral access easement along the shoreline shall be required unless:

(1) Lateral access at the site would be inconsistent with other Local Coastal Program policies, including existing, expanded, or new coastal dependent industry, agricultural operations, or the protection of fragile natural resources; or,

(2) Access is inconsistent with public safety or military security needs. The term “new development” shall be defined for purposes of this section in the same manner as it is defined in Local Coastal Program Policy 3.2 of the Local Coastal Program Land Use Plan.

(D) Access standards.

(1) The access standards and recommendations contained in the State Coastal Conservancy/Coastal Commission “Report on Coastal Access” (Revised, August, 1980) shall constitute the criteria for improvement, maintenance, and management of

accessways and supporting facilities proposed in the Local Coastal Program.

• (2) Measures for guaranteeing public access.

(a) Legal instruments required. Prior to issuance of a coastal development permit where a public accessway is required in this Local Coastal Program, each applicant shall record one of the following legal documents as specified in the conditions of approval:

1. Irrevocable offer of dedication. The applicant shall submit a preliminary title report and record an irrevocable offer to dedicate the access easement or the fee interest in the accessway, as described in the permit conditions, free of prior liens or encumbrances, except for tax liens. This offer can be accepted within 21 years by the nonprofit agency set forth in Implementation Action 3 of Chapter 3 of the Land Use Plan, or another appropriate agency. Until this offer is accepted or until the landowner allows, the public has no right to use the accessway.

2. Outright grant of fee interest or easement. If the project if important in and of itself for public access needs, the size and scope of the proposed development is such that an out-right interest is appropriate, or there is an accepting agency available to accept the easement, as in subdivision map approvals, a grant of an easement or fee interest can be required prior to issuance of the permit. Until such a grant is accepted by the nonprofit agency set forth in Implementation Action 3 of Chapter 3 of the Land Use Plan, any other public agency or private nonprofit organization which agrees to accept the grant, or until the land-owner allows, the public has no right to use the accessway.

(b) Required information. As a condition of the issuance of a permit, title information and all necessary subordination agreements shall be required. Title insurance may also be required when extensive easements are being granted. The amount of the title insurance shall be estimated on the basis of what it would cost to acquire an equivalent area for recreational use elsewhere in the vicinity.

(c) Procedures.

1. Copies of the documents to be recorded by the applicant, (for example, title report and permit) shall be forwarded to the City Attorney for review prior to recordation.

2. The City Attorney and the accepting agency may make minor revisions to the documents, such as corrections in the legal description and minor revisions to the location and use of the accessways in order to open them for public use and to assure that the public right of access along dry sandy beaches, blufftop parcels, or vertical accessways is protected and capable of being implemented.

(E) Public access support facilities. As indicated in the policies of Chapter 3 of the Local Coastal Program Land Use Plan and the Local Coastal Program access maps in Chapter 15 of the Land Use Plan, public access support facilities shall be distributed throughout the city coastal zone. Off-street parking shall be provided in the waterfront area; however, it shall not be located immediately adjacent to the shoreline, unless there is no feasible alternative.

(F) Access for handicapped. Public access to the waterfront, including support facilities, shall, to the maximum extent feasible, provide for access by handicapped persons.

('63 Code, § 10-5.2941) (Ord. 417-C.S., passed 12-6-84; Am. Ord. 519-C.S., passed 8-26-90) Penalty, see § 150.999