§ 20.40.030. Public access to public resources.

A.

In the event that a proposed subdivision is fronting upon the coastline or is traversed by any minor watercourse, channel, stream, or creek, the subdivider shall dedicate or make an irrevocable offer to dedicate a public access to such resources in accordance with the provisions of the current Subdivision Map Act. Such tentative subdivision map shall not be approved unless the Planning Commission finds that there is a public access by fee or by easement from a public right-of-way to land below the ordinary high tide level on any ocean coastline or bay shoreline or the bank of the water within or at a reasonable distance from the subdivision.

B.

In making the determination of what shall be reasonable public access, the Planning Commission shall consider:

1.

That access may be by highway, foot trail, bike trail, or any other means of travel;

2.

The size of the subdivision;

3.

The type of coastline or shoreline and the various appropriate recreational, educational, and scientific uses, including, but not limited to, diving, sunbathing, surfing, walking, swimming, fishing, beachcombing, taking of shellfish, and scientific exploration; and

4.

The likelihood of trespassing on private property and reasonable means of avoiding such trespasses.

(Ord. C-5975 § 1 (part), 1983)