Chapter 17.25 — COASTAL ACCESS

This chapter provides requirements for the dedication and improvement of public access to and along the Pacific Ocean coast for proposed development and new land uses within the Coastal Zone of the City. The intent of this chapter is to ensure that public rights of access to and along the coast are protected as guaranteed by the California Constitution and in compliance with the California Coastal Act, consistent with private property right. (Ord. 20-03 § 6)

• A. Protection of Existing Coastal Access. Development must not interfere with public rights of access to the shoreline where the rights were acquired through use or legislative authorization. Public access rights may include the use of a path of safe pedestrian travel from dry sand and rocky beaches to the bluff or first line of terrestrial vegetation.

• B. Access Requirements. Public access from the nearest public roadway to the shoreline and along the coast must be provided in new development projects, except where:

  1. It would be inconsistent with public safety or the protection of fragile coastal resources;

  2. Adequate permanent public access exists nearby;

  3. Agriculture would be adversely affected;

  4. Access at the site would be inconsistent with policies of the Local Coastal Program, other than those requiring access;

  5. There is no clear nexus between the requirement for public access and the impacts of the new development project;

  6. The required public access is not roughly proportional to the extent of the impacts of the development project;

  7. Requiring or providing the access would be inconsistent with Federal or State law; or

  8. The activity is not considered development. Pursuant to this section, development does not include the activities described below:

     • a. Replacement of any structure pursuant to the provisions of subdivision (g) of California Coastal Act, Section 30610.

     • b. The demolition and reconstruction of a single-unit dwelling; provided that the reconstructed residence does not exceed either the floor area, height, or bulk of the former structure by more than 10 percent, and that the reconstructed residence must be sited in the same location on the affected property as the former structure.

     • c. Improvements to any structure that do not change the intensity of its use, which do not increase either the floor area, height, or bulk of the structure by more than 10 percent, which do not block public access, and which do not result in a seaward encroachment by the structure.

     • d. The reconstruction or repair of any seawall, provided however, that the reconstructed or repaired seawall is not seaward of the location of the former structure.

• e. Any repair or maintenance activity for which the California Coastal Commission has determined, pursuant to Section 30610 of the California Coastal Act, a coastal development permit will be required, unless the Commission determines that the activity will have an adverse impact on lateral public access along the beach.

Nothing in this section will be interpreted to restrict public access, nor will it excuse the performance of duties and responsibilities of public agencies that are required by California Government Code Sections 66478.1 to 66478.14 and Section 4 of Article 3.5 of the California Constitution .

• C. Timing of Access Implementation. The type and extent of public access to be dedicated and/or constructed and maintained, as well as the method by which its continuing availability for public use is to be guaranteed, must be established as provided by this chapter at the time of planning permit approval.

  1. Easement or In-Fee Dedication. Must occur before issuance of construction permits or the start of any construction activity requiring a permit.

  2. Construction of Access Improvements. Must occur in tandem with construction of the approved development, unless another schedule is established through a planning permit condition of approval, or mitigation measure.

  3. Interference with Public Use Prohibited. Following an offer to dedicate public access in compliance with this section, the property owner must not interfere with use by the public of the areas subject to the offer before and after acceptance by the responsible party of the agency accepting the dedication.

• (Ord. 20-03 § 6)

Vertical, lateral, and/or bluff-top access is required for all development in compliance with this chapter and within the locations specified in the Local Coastal Program. (Ord. 20-03 § 6)

This section provides standards for the appropriate design of coastal accessways and trails.

• A. Design Objectives.

  1. Design and Siting. Accessways and trails may be located within area of mapped or known ESHA, but must be sited and designed to:

     • a. Minimize alteration of natural landforms, conform to the existing contours of the land, and to be subordinate to the character of their setting;

     • b. Prevent unwarranted hazards to the land and public safety;

     • c. Provide for the privacy of adjoining residences and to minimize conflicts with adjacent or nearby established uses; and

     • d. Prevent damage to sensitive coastal resource areas to the maximum extent feasible.

  2. Hazard Reduction. Coastal accessways and trails located in areas of high erosion hazard must be constructed and maintained in a manner that does not increase the hazard potential.

  3. Correction of Existing Damage. Where appropriate, coastal accessways and trails must be designed to repair damage resulting from past use or other existing hazards and prevent such damage from reoccurring.

• B. General Design Standards. Coastal accessways and trails must be designed in compliance with the following standards, where feasible. The review authority may modify these standards to provide greater protection of coastal resources.

  1. Access Easement Specifications. Each public access easement offered for dedication for public use must be a minimum of 25 feet wide, or as close to that width as feasible.

  2. Accessway Specifications.

     • a. Width. The area where public access is allowed within an easement may be reduced to the minimum necessary for pedestrian traffic to avoid:

       • i. Adverse impacts on adjoining sensitive environmental areas;

       • ii. Encroachment closer than 10 feet to an existing residence; and/or iii. Hazardous topographic conditions.

     • b. Slope. The preferred slope gradient for the walking surface of an accessway is zero to five percent, and in no case can it exceed eight percent.

     • c. Overhead Clearance. The minimum overheard clearance for an accessway is seven feet.

  3. Access for Persons with Disabilities. When feasible, wheelchair access to the ocean must be provided. Ramps must have dimensions and gradients consistent with current ADA requirements. Where beach access for disabled persons is provided, parking spaces for disabled persons must also be provided in compliance with Chapter 17.38 , Parking and Loading.

  4. Residential Privacy. The design and placement of accessways and trails must provide for reasonable privacy of adjacent residences. Accessways may be wide enough to allow the placement of a trail, fencing, and a landscape buffer. A vertical accessway abutting a residential area may be fenced at the property line and restricted for use only during daylight hours.

  5. Parking. Where public access sites are required, parking areas must also be provided, where feasible pursuant to Chapter 17.38 , Parking and Loading.

6. Directional Signs. Appropriate signage directing the public toward vertical, lateral, and bluff-top trails and public parking must be placed in prominent locations along accessways.

   • a. The City shall ensure that all public buildings and facilities comply with the same development standards and regulations as would be applicable to private development.

   • b. Coastal access signs shall be provided at appropriate locations within street and highway rights-of-way to direct visitors to coastal access sites, including signs at appropriate locations along the California Department of Transportation right-of-way for Highway 101.

   • c. Coastal access signs shall be provided at entrances to public coastal access parking lots.

   7. Hazard Warnings. Proper warnings for potential hazards along coastal accessways and trails, such as steep cliffs, steps, or slopes, must be installed where necessary.

• C. Vertical Access. All vertical accessways must comply with the following standards in addition to all other applicable requirements of this section.

  1. Sensitive habitat areas shall be avoided to the extent practicable in circumstances where there are feasible alternative alignments of vertical accessways.

  2. Public access paths shall maintain a natural appearance and shall not be paved with impervious materials, except for segments that are intended to provide handicapped access or short segments to beach overlook points.

  3. No structures shall be permitted on bluff faces except for vertical beach accessways.

  4. Access to the beach shall be provided by natural trails or ramps down the face of the bluff rather than by concrete or wooden stairways. Railroad ties or a similar material may be used to provide stability to the access route and to reduce bluff erosion.

  5. Where vertical access to the beach area is not feasible or appropriate, vertical accessways may terminate at a beach overlook or vista point.

  6. Vertical accessways must be sited along the border of the development and extend from the public road right-of-way to the bluff’s edge or shoreline; a different location may be approved if determined by the review authority to be more appropriate after considering site topography and the design of the proposed project.

  7. If the proposed development includes residential structures, an accessway may not be sited closer than 10 feet to any residential structure.

  8. Vertical access must have a minimum width of 10 feet to allow for pedestrian use of the corridor, but the required width may be reduced in compliance with subsection (B)(2), Accessway Specifications.

• D. Lateral Access. All lateral accessways must comply with the following standards, in addition to all other applicable requirements of this section.

  1. Sensitive habitat areas shall be avoided to the extent practicable in circumstances where there are feasible alternative alignments of lateral accessways.

2. Except as expressly provided for the Juan Bautista de Anza Trail (in Policy OS 4), all lateral accessways shall be designed to use native beach or soil materials and have no more than the minimum width needed to accommodate the intended type(s) of users.

   3. Lateral beach accessways shall be maintained in a natural condition free of structures and other constructed facilities and shall be limited to native sand supply.

   4. Lateral beach accessways shall be sited, designed, managed to avoid and/or protect marine mammal hauling grounds, seabird and shorebird nesting and roosting sites, sensitive rocky points and intertidal areas, and coastal dunes.

   5. New public beach facilities shall be limited to only those structures that provide or enhance public access and recreation activities. No structures shall be permitted on sandy beach areas.

   6. All lateral shoreline access and recreation improvements shall be designed to minimize any adverse impacts to visual resources and shall be compatible with maintenance of a natural appearance.

   7. Signs shall be designed to minimize impacts to scenic coastal resources and shall be limited to trail markers and regulatory and interpretive signs.

      • a. Commercial signs are prohibited.

   8. A lateral access easement extends from the mean high tide line landward to the base of the ocean bluff. Where there is no ocean bluff, the area must extend to the nearest non-beach natural feature.

   9. A lateral access easement may not be closer than 10 feet to an existing residence; however, in determining the appropriate separation of the accessway from private development, privacy for the adjacent residence will be considered.

• E. Bluff-Top Access. A lateral bluff-top access easement must have a minimum width of 25 feet, provided that the width within the easement where public access is allowed may be reduced in compliance with subsection (B)(2), Accessway Specifications. Average annual erosion rate for bluff retreat will be considered by the review authority when determining the width of the required lateral bluff-top access.

• (Ord. 20-03 § 6)

In areas where it has been established and documented that the public acquired a right of access through use, custom, or legislative authorization, development must not interfere with or diminish such public access. This requirement will be interpreted to allow flexibility in accommodating both new development and continuation of historic public parking and access. (Ord. 20-03 § 6)

Where public coastal accessways are required by this chapter, approval of a Coastal Development Permit will require guarantee of the access through either a deed restriction or dedication of right-ofway or easement approved by the City Attorney. Before issuance of a Coastal Development Permit, the access guarantee will be recorded in the office of the County Recorder, identifying the precise location and area to be set aside for public access. The method of access guarantee will be chosen according to the following criteria:

• A. Deed Restriction. To be used only where an owner, association, or corporation agrees to assume responsibility for maintenance of and liability for the public access area, subject to approval by the Zoning Administrator.

• B. Grant of Fee Interest or Easement. To be used when a public agency or private organization approved by the Zoning Administrator is willing to assume ownership, maintenance and liability for the access.

• C. Offer of Dedication. To be used when no public agency, private organization, or individual is willing to accept fee interest or easement for accessway maintenance and liability. These offers will not be accepted until maintenance responsibility and liability are established.

• (Ord. 20-03 § 6)

New development, including expansions and/or alterations of existing development, shall be sited and designed to avoid impacts to public access and recreation along the beach and shoreline.

• A. If there is no feasible alternative that can eliminate all access impacts, then the alternative that would result in the least significant adverse impact shall be required.

• B. Impacts shall be mitigated through the dedication of an access and/or trail easement where the project site encompasses an existing or planned coastal accessway.

• (Ord. 20-03 § 6)