Rules for spacing public access to shorelines and mountains

The following standards for public access shall apply: (a) Shoreline Access. (1) For lands in the RS, RD, RM, V, CO, CN, and CV districts, the desired spacing of public accesses shall be from eight hundred to one thousand feet apart. (2) For lands within a destination resort community or a major, intermediate or minor resort area as defined in the general plan and determined by the director, regardless of the zone district designation(s), the desired spacing shall be from one thousand to two thousand feet apart, provided that the planning commission may extend the spacing to a maximum of two thousand five hundred feet where deemed warranted by site conditions, the particular development plan, or when other special accommodations are provided the public with regard to public access, convenience and comfort. (3) For lands within the A districts, the desired spacing of public access shall be one thousand to one thousand five hundred feet apart for lands zoned A-1a, and one thousand five hundred to two thousand five hundred feet apart for all other zoned districts. (4) For lands in the O and U districts, the desired spacing shall be two thousand to two thousand five hundred feet apart. (5) The desired spacing shall not be applicable along sections of shoreline where the director has determined that: (A) The shoreline is inaccessible by land approach due to extremely hazardous or impassable conditions, such as steep cliffs or other dangerously unstable terrain where no practical remedy is feasible; and (B) No public coastal trail exists inland of such intervening hazardous or impassable lands and which leads to an accessible shoreline or public shoreline area within five thousand feet of the subdivision or development. PUBLIC ACCESS § 34-5 (6) A spacing of public access(es) further apart than as set forth in subsections (a)(1) through (a)(4) of this section or the determination of inaccessibility pursuant to subsection (a)(5) of this section shall be approved by resolution of the County council. (b) Mountain Access. (1) For all zone districts, the desired spacing shall be determined by the director so as to provide reasonable means to access public trail sections and public facilities, respectively, as the case may be. (2) Provided, no access shall be established: (A) To State-owned land which is not designated by rule pursuant to article 2, section 34-4(b) of this chapter; or (B) To State-owned land which is designated but has not been approved by the State department of land and natural resources. For mountain lands designated pursuant to article 2, section 34-4(b) of this chapter, the director may make a provisional determination of the necessity of public access and the alignment therefor, but such provisional determination shall expire and be void unless the director has made final determination, with the final approval of the State department of land and natural resources within one hundred eighty days thereafter. (c) The location of public access in the vicinity of the subdivision or development, whether existing committed under agreements between landowners and the County, or planned pursuant to an officially adopted plan of the County or State, shall be considered by the director or planning commission, as appropriate, when establishing the required location and alignment of public access(es). Provided, that notwithstanding any officially adopted plan to provide public access, no subdivision within an area lacking public access at the appropriate location or desired spacing shall be exempted from the requirements of this chapter. (d) The director shall implement these standards in a manner consistent with article 3, chapter 23. (1996, ord 96-17, sec 2.)34-5