Chapter 17.066 — COASTAL ACCESS (AC) OVERLAY ZONE

The coastal access (AC) overlay zone is intended to carry out the requirements a of Section 4 of Article X of the California Constitution to ensure the public's right to gain access from the nearest public roadway to the shoreline, unless access is inconsistent with agricultural use, public safety, military security needs or protection of fragile coastal resources. In implementing public access policies applicable to developments in the California Coastal Act and the city of Pismo Beach local coastal program, vertical and lateral accessways shall be required as a condition of development pursuant to the requirements of the certified local coastal program land use plan.

A. Public access, where required by the general plan/local coastal plan, shall be provided to the coast through public easements, deed restrictions, stairways, public parking, lateral accesses or bluff accesses, whichever is appropriate to the specific planning area's needs, and shall be required of new development pursuant to the requirements of the certified local coastal program land use plan.

B. For all new developments between the first public road and the ocean, the owner shall grant a lateral easement along the shoreline for public access per the requirements of subsections A and B of this section.

C. Lateral accessway dedication of the area between the toe of the bluff and the mean high tide line shall be required. These accessways should not extend further landward than the foot of an existing shoreline protective device nor shall any access path be closer than ten feet to any residence or five feet to any motel room.

D. All dry sandy beach, intertidal and subtidal areas seaward of the toe of the bluff shall be dedicated to the State Department of Parks and Recreation or other appropriate public agency. If no lateral sandy beach access is available, a lateral easement of no less than twenty-five feet in width shall be granted at or near the blufftops, unless a greater lateral easement is required per the city's land use plan. Existing single family lots as of January 23, 1981, or homes on any blufftop are excluded from the requirement of providing any lateral blufftop easements.

E. A public boardwalk shall be incorporated into any new development along the beachfront from Pomeroy Street to the Pismo Creek Trail. The boardwalk shall be designated as a public easement and shall be required to be improved or maintained as a part of any development proposal adjacent to this area.

F. Development adjacent to or over publicly owned properties (i.e., via air space rights) may be required for the renovation, enlargement and maintenance of the downtown commercial core. Provisions for greater and expanded coastal access for the public shall be provided through the provision of public paths, stairways, public parking and similar visitor serving facilities (refer to Section 17.057.030).

G. Commercial uses utilizing airspace over publicly owned lands and the pier shall be limited to visitor serving uses to enhance the downtown waterfront area pursuant to the policies and programs of the certified local coastal program land use plan (refer to Section 17.057.030).

H. Public access from the nearest roadway to the shoreline and along the beach shall be provided in new developments except where protection of environmentally sensitive habitats prohibits such access or adequate public access exists nearby unless impacts associated with the accessway are adequately mitigated.

I. Public access to and along the beach may not be required if such access would be detrimental to sensitive tidal or subtidal areas or where construction of public accessways would increase erosion hazards or other safety hazards or environmental degradation, unless impacts associated with the accessway are adequately mitigated.

J. Vertical accessways as required in the general plan/local coastal program land use plan are required within each shoreline planning area. This access shall be from the first public roadway to the shoreline (or bluff edge if access is required to reach a blufftop viewing area). Vertical accessways within existing or proposed developments or subdivisions should be a minimum of ten feet in width and no access path shall be sited closer than ten feet to any existing or proposed residential structure(s) or five feet to any motel room(s).

K. An in-lieu fee or dedication of public vertical access may be required as a condition of development applications within the area of this overlay zone if it is infeasible to provide public access on the property for the purpose of providing nearby access.

L. Accessways along the creek areas shall be required consistent with the provisions of the general plan/local coastal program land use plan.

M. Public parking shall be required in conjunction with vertical and lateral accessways pursuant to the general plan/local coastal program land use plan. The number of spaces shall be determined by the relevant sections of the general plan/local coastal program land use plan and shall be based on safety considerations, carrying capacity of the beach, view potential or other pertinent considerations.

N. Dedicated accessways shall not be required to be opened to public use until a public agency, private association or property owner(s) agrees to accept responsibility for maintenance and/or liability of the accessway, unless such accessways are created by the recordation of a deed restriction, wherein the fee title owner of the property shall be responsible for the maintenance and liability of the accessway. Existing accessways being offered for dedication or easement shall not be closed prior to the acceptance of said dedication or easement.

O. Coastal Dependent Development.

1. General. Pursuant to the provisions of Chapter 3 of the Coastal Act, commencing with Section 30200, Coastal dependent development shall have priority over other developments on or near the shoreline consistent with the land use and zoning district designations of the city's certified local coastal program. In addition, it shall be the responsibility of the city of Pismo Beach to implement the basic goals of the State of California as set forth in the Coastal Act including the public's constitutional right of access to and along the coastal zone. In carrying out this responsibility, the city shall encourage the utilization of innovative access management techniques. Furthermore, the California legislature has found and declared that it is necessary to locate coastal dependent developments in the coastal zone in order to ensure that inland as well as coastal resources are preserved and that orderly economic development proceeds within the state.

2. Protection. Subject to the standards of Public Resources Code Section 30235, structures such as, but not limited to, breakwaters, groins and seawalls shall be permitted to serve or protect coastal dependent uses and existing structures in danger of erosion pursuant to the standard of said section.

3. Restoration: In an effort to improve the overall quality of the coastal zone environment, the city shall protect, maintain, enhance and restore the natural and manmade resources of the coastal zone, subject to the standards and limitations of the certified local coastal program. Restoration of coastal dependent uses must be carried out pursuant to the requirements of the certified local coastal program including but not limited to Chapter 17.078.060 of this article. P. For detailed location and standards for accessways, see the specific planning areas and recreation and access element of the general plan/local coastal program land use plan.

Q. Development permitted in the areas specified in the local coastal program land use plan for public beach access or recreation shall be limited to structures and facilities designs to accommodate passive recreational use of the area, including but not limited to stairways, benches, tables, refuse containers, bicycle racks and public parking facilities. In no case shall any development except public access paths and public stairways be permitted within the bluff retreat setbacks identified in site specific geological studies.

R. All actions taken under this overlay zone shall be consistent with the relevant goals, policies and programs of the general plan/local coastal program land use plan.