Sec. 33-39. Public Access to Public Resources.
a.The City shall not approve either the tentative or final map if:
1.Any subdivision fronting upon the coastline or shoreline which subdivision does not provide or have available reasonable public access by fee or easement from public highways to land below the ordinary highwater mark on any ocean coastline or bay shoreline within or at a reasonable distance from the subdivision.
2.Any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency including the state, which subdivision does not provide or have available reasonable access by fee or easement from public highways to any water of the lake or reservoir upon which the subdivision borders either within the subdivision or a reasonable distance from the subdivision.
b.Any public access route or routes provided by the subdivider shall be expressly designated on the tentative or final map, and such map shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication.
c.Reasonable access, as used in this Section, shall be determined by the Planning Commission. In making the determination of what shall be reasonable access, the Planning Commission shall consider:
1.That access may be by highway, foot trail, bike trail, horse 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, boating, fishing, beach-combing, taking of shellfish, water skiing, scientific exploration, and teaching.
4.The likelihood of trespass on private property and reasonable means of avoiding such trespass.
d.Nothing in this Section shall require the City to deny either a tentative or final map solely on the basis that the reasonable access otherwise required by this Section is not provided through or across the subdivision itself, if the Planning Commission makes a finding that such reasonable access is otherwise available within a reasonable distance from the subdivision. Any such finding shall be set forth on the face of the tentative or final map.
e.Nothing in this Section shall be construed as requiring the subdivider to improve any route or routes which are primarily for the benefit of nonresidents of the subdivision area. (Ord. 3429 § 1, 2009)