It is essential to the health and well-being of the public that public access to public natural resources be increased. It is the intent of the Board of Supervisors to increase public access to public natural resources.
(Ord. 2093, 1975)
(A)
The Board of Supervisors or Planning Commission shall not approve a tentative map of any proposed subdivision to be fronted upon a public waterway, river or stream which does not provide, or have available, reasonable public access by fee or easement from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision.
(B)
Reasonable public access shall be determined by the Board of Supervisors or Planning Commission. In making the determination of what shall be reasonable access, the following shall be considered:
(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 riverbank and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection, and teaching;
(4)
The likelihood of trespass on private property and reasonable means of avoiding such trespasses.
(C) A "public waterway, river or stream"
means, for the purpose of SCCC § 14.01.413 through § 14.01.417 and § 14.01.421 through § 14.01.423, those waterways, rivers, and streams defined in Sections 100 through 106 of the Harbors and Navigation Code, any stream declared to be a public highway for fishing pursuant to Sections 25660 through 25662 of the Government Code, and rivers listed in Section 1505 of the Fish and Game Code as spawning areas, all waterways, rivers and streams downstream from any State or Federal salmon or steelhead fish hatcheries.
(Ord. 2093, 1975; Ord. 2800, 1979; Ord. 4243 § 17, 1993)
(A)
The Board of Supervisors or the Planning Commission shall not approve a tentative map or any proposed subdivision to be fronted upon a public waterway, river or stream which does not provide for dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the proposed subdivision.
(B)
The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river or stream consistent with public safety. The reasonableness and extent of the easement shall be determined by the County. In making the determination for reasonably defining the extent, width, and character of the public easement, the following shall be considered:
(1)
That the easement may be for a foot trail, bicycle trail, or horse trail.
(2)
The size of the subdivision.
(3)
The type of riverbank and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection and teaching.
(4)
The likelihood of trespass on private property and reasonable means of avoiding such trespasses.
(Ord. 2093, 1975; Ord. 2800, 1979; Ord. 4243 § 18, 1993)
Any public access route or routes and any easement along the bank of a public waterway, river or stream provided by the subdivider shall be expressly designated on the tentative and final map or parcel map, and such maps shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication.
(Ord. 2093, 1975; Ord. 2800, 1979)
(A)
Nothing in this chapter shall be construed to limit any powers or duties in connection with or affect the operation of beaches or parks in this State or to limit or decrease the authority, powers, or duties of any public agency or entity.
(B)
Nothing in SCCC § 14.01.420 through this section shall require the Board of Supervisors, the Planning Commission, the Planning Director, or the County Surveyor to disapprove a tentative, parcel or final map solely on the basis that the reasonable public access otherwise required by this chapter is not provided through or across the subdivision itself, if the County makes a finding that such a reasonable public access is otherwise available within a reasonable distance from the subdivision.
(Ord. 2093, 1975; Ord. 2800, 1979; Ord. 4243 § 19, 1993)
(A)
The Board of Supervisors, the Planning Commission, the Planning Director, or the County Surveyor shall not approve the tentative, parcel or final map of 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 high water mark on any ocean coastline or bay shoreline within or at a reasonable distance from the subdivision.
(B)
Any public access route or routes provided by the subdivider shall be expressly designated on the tentative and final map or parcel map, and such maps shall expressly designate the governmental entity to which such route or routes are dedicated.
(C)
In making the determination of what shall be reasonable public access, the following shall be considered:
(1)
That access may be by highway, foot 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, fishing, beachcombing, taking of shellfish, and scientific exploration.
(4)
The likelihood of trespass on private property and reasonable means of avoiding such trespasses.
(D)
Nothing in this section shall require the Board of Supervisors, the Planning Commission, the Planning Director, or the County Surveyor to disapprove a tentative, parcel or final map solely on the basis that the reasonable public access otherwise required by this section is not provided through or across the subdivision itself, if it is found such reasonable public access is otherwise available within a reasonable distance from the subdivision. Any such finding shall be set forth on the face of the tentative, final, or parcel map.
(E)
The provisions of this section shall not apply to the final map or parcel map of any subdivision in full compliance with the conditions of approval of tentative map approved prior to March 1, 1975.
(F)
The provisions of this section shall not apply to the final map or parcel map of any subdivision in full compliance with the approved planned unit development which has been approved by the County prior to December 31, 1968. The exclusion provided by this subsection shall be in addition to the exclusion provided by subsection (E) of this section.
(G)
Nothing in this section shall be construed as requiring the subdivider to improve any access route or routes which are primarily for the benefit of nonresidents of the subdivision area.
(H)
Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any State or local agency by the governmental entity to which such route or routes have been dedicated, at any future time, by mutual consent of such governmental entity and the particular State or local agency. Such conveyance or transfer shall be recorded by the recipient State or local agency in the Office of the Recorder.
(Ord. 2093, 1975; Ord. 2800, 1979; Ord. 4243 § 20, 1993)
(A)
The Board of Supervisors or the Planning Commission shall not approve the tentative map of any subdivision fronting upon a 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. Any public access route or routes provided by the subdivider shall be expressly designated on the tentative and final map or parcel map, and such maps shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication.
(B)
Reasonable access, as used in subsection (A) of this section, shall be determined by the County.
(C)
In making the determination of what shall be reasonable access, the County 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 shoreline and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific exploration, and teaching.
(4)
The likelihood of trespass on private property and reasonable means of avoiding such trespasses.
(D)
Nothing in this section shall require the Board of Supervisors, Planning Commission, Planning Director or the County Surveyor to disapprove a tentative, parcel 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 it is found that such reasonable access is otherwise available within a reasonable distance from the subdivision. Any finding shall be set forth on the face of the tentative, final or parcel map.
(E)
The provisions of this section shall not apply to the final map or parcel map of any subdivision for which the tentative map has been previously approved prior to the effective date of the ordinance codified in this chapter.
(F)
Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any State or local agency by the governmental entity to which such route or routes have been dedicated, at any future time, by mutual consent of such governmental entity and the particular State or local agency. Such conveyance or transfer shall be recorded by the recipient State or local agency in the Office of the Recorder.
(Ord. 2093, 1975; Ord. 2506, 1977; Ord. 2800, 1979; Ord. 4243 § 21, 1993)
The County shall not issue any permit or grant any approval necessary to develop any real property which is excluded from regulation under this division as a subdivision pursuant to SCCC § 14.01.201(A)(3) because such property is in excess of 40 acres and was created as such a parcel after December 31, 1969, when such property fronts on the coastline or shoreline, unless it finds that reasonable public access has been provided from public highways to land below the ordinary high water mark or any ocean coastline or bay shoreline or any water of lake or reservoir upon which the real property fronts.
[1]
Code reviser's note: Ord. 4836 had two sections numbered "118."
as used in this section shall be determined by the County. In making such determination the County shall use the same criteria as those set forth in SCCC § 14.01.426(C) and (D). Nothing in this chapter 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 or non-owners of the real property in question.
(Ord. 2093, 1975)