SHORELINE ACCESS COMPONENT The County will: REQUIREMENT FOR THE PROVISION OF SHORELINE ACCESS 10.1 Permit Conditions for Shoreline Access Require some provision for shoreline access as a condition of granting development permits for any public or private development permits (except as exempted by Policy 10.2) between the sea and the nearest road. The type of provision, the location of the access and the amount and type of improvements required shall be consistent with the policies of this component. 10.2 Definition of Development As stated in Section 30106 of the Coastal Act, define development in areas between the sea and the nearest public road to mean: a. On land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other that for agricultural purposes, kelp harvesting and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511). b. Any structure which would close off, restrict, or impede access to an existing access trail. c. Exempt from the requirement for provision of shoreline access the following: (1) Replacement of any structure pursuant to the provisions of subdivision (g) of Section 30610 of the Coastal Act. (2) The demolition and reconstruction of a single-family residence; provided, that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure. (3) Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area, height, or bulk of the structure by more than 10 percent,which do not block or impede public access, and which do not result in a seaward encroachment by the structure. (4) Any repair or maintenance activity for which the commission has determined, pursuant to Section 30610, that a Coastal Development Permit will be required unless the County or the Commission determines that such activity will have an adverse impact on lateral public access along the beach. As used in this subdivision, "bulk" means total interior cubic volume as measured from the exterior surface of the structure. (5) The following small to medium developments necessary to an agricultural operation: (a) Wells for agricultural purposes, (b) Storage/equipment sheds (maximum 500 sq. ft.), (c) Fencing that does not interfere with existing access as defined in Policies 10.5 and 10.6, (d) Utility poles to serve agricultural uses, (e) Barns not to exceed 5,000 sq. ft., (f) Water storage tanks, maximum 10,000 gallons. Providing that existing public access as defined in Policies 10.5 and 10.6 is retained, potential public access which would not adversely affect agriculture is protected, and hazardous and environmentally sensitive areas are posted. If development approved without access requirement under this policy converts to a non-agricultural use, a Coastal Development Permit shall be required for the conversion and appropriate access requirements applied. 10.3 Definition of Shoreline Access Define shoreline access as the provision of access for the general public from a public road to and along the shoreline. Classify shoreline access into two types: vertical and lateral. a. Define vertical access as a reasonably direct connection between the nearest public roadway and the shoreline. Define shoreline as a beach, where contact with the water's edge is possible, or a bluff, where only visual access is afforded. Call passageways which provide vertical access trails. b. Define lateral access as a strip of land running along the shoreline, parallel to the water and immediately inland from the mean high tide line. Lateral access may include a beach, where contact with the water's edge is possible, or a bluff, where only visual access is afforded. Refer to lateral access areas as shoreline destinations. 10.4 Designation of Shoreline Access Designate vertical (trails) and lateral (shoreline destinations) access as areas to which the policies of this component apply. Such areas include, but are not limited to, those listed in the Assessment of Access Trails and Shoreline Destinations (Table 10.6). 10.5 Definition of Established Shoreline Access Define established vertical (trails) and lateral (shoreline destinations) access as areas where the public's right to use has been legally established through permit conditioning, acquisition, and/or prescriptive rights. 10.6 Definition of Undeveloped Shoreline Access Define undeveloped vertical (trails) and lateral (shoreline destinations) access as access created and maintained by actual use, whether on privately or publicly owned lands. Consider undeveloped shoreline access to be generally unsigned and unimproved. 10.7 Definition of Private Shoreline Access Define private vertical (trails) and lateral (shoreline destinations) access as access on privately owned land where the public's right to use has not been legally established through permit conditioning and/or prescriptive rights. LOCATIONAL CRITERIA 10.8 Appropriate Locations for Shoreline Access Use the following criteria to determine appropriate locations for shoreline access. 10.9 Public Safety a. Provide safe access to the following shoreline destinations which are large enough to accommodate public safety improvements and public use: (1) beaches which are large enough to provide space for easy retreat from normal tidal action, (2) bluffs which are large enough and of a physical character to accommodate safety improvements and which provide room for public use as a vista point, and (3) beaches and bluffs designated appropriate for public use in the Site Specific Recommendations for Shoreline Destinations (Table 10.6). b. Discourage public use of access trails which are hazardous because safety improvements have not been provided or cannot be built due to physical limitations. Specifically, (1) Close undeveloped trails which are hazardous when an alternative safe existing or potential access is available for the same beach or bluff. (2) When no safe access alternative is available, close undeveloped hazardous trails identified in Tables 10.1 and 10.2 as having a "high" rating in the public safety hazards category and which pose a risk of serious bodily harm because of the height or unstable nature of bluffs or the limited beach area between the mean high tide line and the base of the bluff. Give priority to the acquisition and improvement of nearby access or for the improvement and re-opening of accesses closed for safety reasons to those trails which lead to long sandy beaches as indicated on Table 10.1. (3) Where a trail to the beach is closed, provide a bluff top access point or trail for public viewing, of the shoreline when consistent with Policy 10.9(a). (4) Prohibit development that would prevent the future improvement of unsafe access. 10.10 Fragile Resources (Sensitive Habitats) a. Require the establishment of public access to sensitive habitats or their buffer zones, through grants or dedications of easements or other means, at the time a Coastal Development Permit is processed. Open the access in sensitive habitats or their buffer zones for public use only when development standards and management practices are adequate to protect the resources (see Sensitive Habitats Component) and Policies 10.23 and 10.25. b. Discourage public use of existing established access trails if the present level of use is causing the deterioration of a sensitive habitat. Specifically, (1) Close such trails when an existing or potential alternative trail is available for the same beach or bluff area. (2) When no alternative is available, mitigate the access impacts through improved management and design consistent with Policies 10.25 and 10.26, wherever possible. Close trails only if permanent, irreversible damage to a habitat is causing its destruction. (3) Where a trail to the beach is closed, provide a bluff top access point or trail for public viewing of the shoreline consistent with Policy 10.9(a). (4) Prohibit development that would prevent the future provision of improved access. (5) Allow closely monitored access for scientific and educational research by organized study groups. 10.11 Agricultural Areas a. For development of land whose primary use will be agriculture, require the establishment of vertical and/or lateral access to beaches only when: (1) Policy 10.30 requires it, and (2) no established vertical or lateral access exists. b. Open the access in agricultural areas only when development standards are adequate to protect agricultural land consistent with Policy 10.28. c. Based on current (1980) patterns of agricultural operations, establish a maximum requirement of one vertical trail from the road to the mean high tide for any individually owned agricultural operation. (Ref. LUP Agricultural Maps.) Vertical accesses established under this policy shall not be abandoned due to consolidation of operations, nor shall future consolidation result in the denial of accesses to the long sandy beaches identified on Table 10.1. d. Limit the lateral access requirement to the provisions of access between the mean high tide line and the bluff or first line of terrestrial vegetation. Do not require lateral access along bluff tops in agricultural areas. 10.12 Residential Areas Locate shoreline access within existing or new residential areas in the least disruptive manner. Specifically, a. Provide vertical access (trails) at the ends of streets perpendicular to the shoreline. b. If there are few or no such right angle streets, provide vertical access (trails) between houses at 1/4 mile intervals, where consistent with the public safety policies in this Component and the policies of the Sensitive Habitats Component. Require more frequent trails if there are several non-continuous shoreline destinations. c. Give priority to improving existing access trails. 10.13 Commercial and Industrial Areas Require the establishment and improvement of vertical (trails) and lateral (shoreline destinations) public access and parking consistent with Policy 10.22(e) as a condition for obtaining a permit for commercial and industrial development along the shoreline, except where the establishment of access would disrupt activities which are essential to public safety. 10.14 Military Sites Encourage the establishment and improvement of vertical (trails) and lateral (shoreline destinations) public access in military facilities when not used for high security activities. MINIMUM DEVELOPMENT STANDARDS 10.15 Application of Minimum Development Standards Apply minimum development standards to all shoreline access development. 10.16 Vertical Access (Trails) When building trails, provide a right-of-way at least 10 feet in width, which allows feasible, unobstructed access for the general public from the nearest public roadway to the mean high tide line. Require a 5 foot minimum separation between the edges of the right-of-way and adjacent uses. 10.17 Lateral Access (Shoreline Destinations) With Coastal Bluffs a. Provide access for the general public between the mean high tide line and the base of the bluff where there is adequate room for public use. b. Because of scenic or recreational value, provide a pathway with a right-of-way at least 25 feet in width, which allows feasible unobstructed public access along the top of the bluff when no public access will be provided to the area between the mean high tide line and the base of the bluff because of safety and/or other considerations, and/or when the Site Specific Recommendations for Shoreline Destinations (Table 10.6) requires one. c. Require bluff top setbacks, based upon site specific geologic and erosion conditions, to ensure safe and continued use. 10.18 Lateral Access (Shoreline Destinations) Without Coastal Bluffs Provide access to and along the beach during normal tides, with a right-of-way at least 25 feet in width, between the mean high tide line and the first line of terrestrial vegetation. Measure the width of the access either from a fixed inland point seaward or from the mean high tide line landward. 10.19 Maintenance Eliminate debris, provide trash cans and keep trails safe for public use in new or improved public areas. 10.20 Posting Clearly post new or improved public access areas. 10.21 Access for the Disabled In all areas where topography permits, provide shoreline access for the disabled by building paths and ramps for wheelchairs without altering major landforms. Refer to the Site Specific Recommendations for Shoreline Destinations (Table 10.6) for a listing of existing access trails which should be made wheelchair accessible. 10.22 Parking a. Continue the use of existing official off-street parking facilities for shoreline access areas in order to maintain existing parking levels and to confine negative impacts to areas already disturbed. b. Minimize the negative impacts of existing official off-street parking facilities. Specifically, (1) Require the landscaping of existing facilities which are visible from public roads, vista points or recreation areas without blocking ocean views from these areas. (2) Remove or relocate parking spaces in existing facilities which are located in or near sensitive habitats to provide adequate buffering. In no cases, however, eliminate an entire existing parking facility without relocation. c. Use the following criteria when developing or relocating new off-street parking facilities for shoreline access areas: (1) Base the amount of parking on the level of public use appropriate for a site's size, environmental sensitivity, and amount of land suitable for parking. (2) Give preference to sites which are now used informally for shoreline access parking. However, do not establish the following as permanent sites for parking: (a) emergency pullouts needed for highway safety, (b) visually prominent sites where landscaping would not significantly screen the parking from view (c) visually prominent sites where landscape screening would block ocean views, and (d) sites in or adjacent to sensitive habitats. (3) Locate new parking facilities on sites where it is possible to blend them into the landscape or screen them to topography or vegetation. (4) Prohibit the development of sandy beaches. (5) Prohibit the conversion of prime agricultural lands, except where such conversion is consistent with Policies 5.8 to 5.11 of the Agricultural Component. In such cases, locate facilities at the edges of fields, separated by fences or other facilities to protect agricultural operations. d. New commercial or industrial parking facilities of 10 or more spaces within 1/4 mile radius of an established shoreline access area shall designate and post 20% of the total spaces for beach user parking between 10:00 a.m. and 4:00 p.m. e. Provide trails linking parking facilities to nearby shoreline destinations that do not have existing parking facilities because such facilities would be inconsistent with other parking policies. f. Reserve parking spaces for the disabled at the trailheads of wheelchair accessible paths and ramps and at other level sites with safe access. g. Provide bus and secure bicycle parking in parking facilities. DEVELOPMENT STANDARDS FOR PROTECTING PUBLIC SAFETY 10.23 Access Trails a. Give preference to providing access trails in level, safe areas. b. Where no such safe areas exist, provide the following trail improvements, including but not limited to: (1) staircases down steep bluffs, (2) fences along the edges of narrow bluffs, and (3) handrails and steps on steep terrain. c. Design and site trail improvements to blend with the natural environment. Prohibit the disturbance or alteration of landforms which would cause or contribute to erosion or geologic hazards. d. Refer to the Site Specific Recommendations for Shoreline Destinations (Table 10.6) for a listing of required improvements to protect public safety at existing sites. e. Post caution signs on all difficult access trails. DEVELOPMENT STANDARDS FOR PROTECTING FRAGILE RESOURCES 10.24 Definition of Fragile Resources Define fragile resources as: (1) exposed rocky cliff faces, steep slopes as defined in the Hazards Component, and hilly coastal terraces (e.g., San Pedro Bluff and Devil's Slide), (2) all sensitive habitats defined in the Sensitive Habitats Component, and archaeological/paleontological resources. 10.25 Access Trails in Fragile Resource Areas a. During the planning and design phase for access projects, conduct studies by a qualified person agreed upon by the County and the applicant to determine the least disruptive method of constructing access trails and associated improvements. Consider in the study and implement appropriate levels of development and management practices to protect resources. b. Require that the design of trails encourages the public to stay on them or in designated rest areas. c. Prohibit the use of off-road vehicles on access trails. 10.26 Access Trails in Sensitive Habitats a. Provide improvements and management practices in sensitive habitats and their buffer zones adequate to protect the resources. Include, but do not limit, improvements and management practices to the following: (1) in areas not subject to tidal action, interpretive trails posted with educational signs which minimize public intrusions and impacts, (2) brochures and educational displays at trailheads leading to areas subject to tidal action, (3) organized tours, (4) limited number of persons per visitor tour, (5) restricted number of access points which are improved and managed and (6) limit the seasons of the year when public access is permitted. b. Refer to the Site Specific Recommendations for Shoreline Destinations (Table 10.6) for a listing of required improvements to protect fragile resources in existing shoreline destinations. c. Post signs on all access trails leading to unimproved or underprotected sensitive habitats to restrict public intrusion. DEVELOPMENT STANDARDS FOR PROTECTING ADJACENT LAND USES 10.27 Residential a. Provide separation between shoreline access and adjacent residential uses to protect the privacy and security of houses and the public nature and use of the shoreline. Specifically, keep the edge of lateral shoreline access trails 25 feet and vertical shoreline access trails ten feet from any occupied residential structure. b. Maximize the use of landscaping, fences, and grade separation. 10.28 Agricultural a. Locate access trails on agriculturally unsuitable land to the greatest extent possible. Where it is not possible to locate access on agriculturally unsuitable land, locate trails at the edge of fields, and/or along parcel lines consistent with the Conversion and Division Policies of the Agricultural Component. b. Provide improvements and management in agricultural areas adequate to protect the productivity of adjacent agricultural lands. Include, but do not limit, improvements and management practices to the following: (1) limit the seasons of the year when public access is permitted by using seasonal barriers and signs and (2) develop access trails with fences or other buffers to protect agricultural lands. 10.29 Protection of Trails from Closing and/or Encroachment a. Prohibit adjacent property owners from closing and/or encroachment on established trails except to protect public safety and sensitive habitats as specified in Policy 10.10. b. Require setbacks for development adjacent to existing or proposed shoreline access to prevent encroachment. Do not permit new structures to encroach farther than the most extended adjacent structure. ROLE OF SAN MATEO COUNTY IN ACQUIRING, DEVELOPING, MAINTAINING, AND REGULATING PUBLIC ACCESS 10.30 Requirement of Minimum Access as a Condition of Granting Development Permits a. Require the provision of shoreline access for any private or public development between the sea and the nearest public road. b. Base the level of improvement and development of access support facilities at a site on the Locational Criteria and Development Standards Policies and the Site Specific Recommendations contained in Table 10.6. c. Base the responsibility and requirements of the property owner for the provision of this access on: (1) the size and type of development, (2) the benefit to the developer, (3) the priority given to the type of development under the Coastal Act and (4) the impact of the development, particularly the burden the proposed development would place on the public right of access to and use of the shoreline. Determine the minimum requirements according to the following: (1) For small non-agricultural developments (i.e., construction of non-residential structures 500 sq. ft. and smaller, fences, wells, placement of utility poles), require the retention of existing public access as defined in Policies 10.5 and 10.6, the posting of hazardous and environmentally sensitive areas, and pay an in-lieu fee of a minimal sum not to exceed 5 percent of the project cost to contribute to the provision of public access elsewhere along the County shoreline. (2) For small to medium developments (i.e., single family residences, all minor land divisions, barns over 5,000 sq. ft., small greenhouses), not specifically exempted from shoreline access requirements by Policy 10.2, require the offering or granting of a vertical and/or lateral access consistent with the policies of this component, to either a public agency or private group acceptable to the County for improvement and maintenance. (3) For large agricultural and non-agricultural developments (i.e., developments of more than one single family house, major subdivisions, commercial and industrial developments, and large greenhouses and agricultural processing plants), require the property owner to provide, improve, and maintain shoreline access consistent with the policies of this component. 10.31 Requirement of Additional Access as a Condition of Granting Development Permits Require additional access areas, improvements or operation and maintenance beyond the minimum when a project decreases the existing or potential public access to the shoreline by: (1) removing or infringing upon an area which historically has been subject to public use without permission or effective interference by the owner and/or (2) decreasing the amount of sandy beach by building seawalls, etc., and/or (3) removing future recreation opportunities by committing lands suitable for recreational development to uses which are not assigned priority for use of oceanfront land by Section 30222 of the Coastal Act. 10.32 Techniques for Securing Access Use one of the following techniques for securing access from a private property owner. Determine the most appropriate technique by assessing the use and maintenance of the access and the type and size of the development. a. Offer of Dedication Require offers of dedication of a fee interest or an easement over vertical and/or lateral access when no agency or association acceptable to the County is currently ready to accept the dedication. Require offer to be recorded and be irrevocable for a period of 21 years. Until the offer is accepted by a public agency or private association acceptable to the County, or the landowner consents, do not open the dedicated accessway to public use. b. Grant of an Easement Require grants of an access easement, which allow the public to travel over a designated portion of a parcel, when an agency or association acceptable to the County is ready to accept the dedication and when an easement will be adequate to provide public access consistent with this component. Generally, when access is used only to travel to and along the shoreline, an easement shall be adequate. c. Grant of a Fee Interest Require the offer or grant of a fee interest in a portion of a parcel for public access, which results in a complete transfer of ownership, when an agency or association is ready to accept the grant and when the land is important in and of itself for recreation (i.e., used as more than the means to reach the shoreline). d. Deed Restrictions Require deed restrictions which bind the owner and successors to allow public access and recreation on a particular portion of a parcel when an access will be improved, maintained and operated by the property owner. e. In-Lieu Fees Require the payment of an in-lieu fee for new developments where public access at a site is not consistent with the policies of this component. Base the amount of the fee on the costs of access provision to other owners undertaking developments of a similar size and impact. 10.33 Publicizing Offers of Dedication Inform and encourage other public agencies, and private associations, such as the State Department of Parks and Recreation, to accept offers to dedicate access which the County is unable to accept. 10.34 User Fees Allow public and private property owners to charge user fees for the operation and maintenance of shoreline access under the following circumstances: (1) the property owner provides access improvements, operation and maintenance which exceed the development permit requirements for the size and impact of the development they are undertaking, and (2) fees are restricted to use of improvements, particularly parking, and not charged for pedestrian access or restrooms. 10.35 Priorities for Public Acquisition and Development Establish priorities for expenditure of public funds, including Coastal Conservancy funds, based on maximizing public recreational opportunities, while protecting public safety and natural resources. a. Follow the priorities as shown in Table 10.5 when unrestricted public funds are available. b. Regularly assess these priorities as new access is established along the Coast. c. Before public expenditures are made, assess the potential for adjacent private development to provide access improvements. Spend public money in areas where required improvements exceed what could be expected from private development. d. Insure that high priority access trails and shoreline destinations identified in this component are given preference in public expenditures by informing other public agencies of local priorities and by reviewing the acquisition and development plans of other public agencies for consistency with them. 10.36 Coastal Access Acquisition and Development Fund a. Establish a County Coastal Access Acquisition and Improvement Fund which will be used to improve and acquire important access trails and shoreline destinations in accordance with Table 10.5 priorities. Place in-lieu fees, user fees, and other minor revenues into the fund. b. Explore adding to this fund a share of parking tickets revenues gained from enforcing illegal parking along the coast. 10.37 Fitzgerald Marine Reserve Continue to provide for the improvement, expansion, and maintenance of access to the Fitzgerald Marine Reserve according to Table 10.6, Site Specific Recommendations. Accept dedications of access easements or fee interests which provide access to or expand the size of the Reserve. 10.38 Maintenance and Operation Explore developing a contractual agreement with the State Department of Parks and Recreation which would allow the County to maintain and operate State owned shoreline access areas with reimbursement for these expenses by the State. 10.39 Signing and Publicizing Access a. Sign and publicize established shoreline access areas. Specifically: (1) Place signs in prominent locations along Route 1 and at the trailhead of each established access point indicating its location and the degree of difficulty in using trails. Make signs visible but not detract from the scenic quality of the Coastal Zone. (2) Place warning signs at the trailheads of difficult access trails. (3) Before and possibly after educational displays and interpretive trails are built, post signs next to sensitive habitats to protect them. (4) Post two types of signs: (1) those that describe the resource and forbid public entry to sensitive habitats, and (2) those that prohibit the collection of specimens. (5) Require that all signs be distinctive in their design, easy to understand, and uniform. b. Develop maps and a brochure showing all established trails, shoreline destinations, parking, and pedestrian bicycle routes to: (1) encourage the public to assist in monitoring maintenance, (2) prevent the closing of established shoreline access by encouraging public use, and (3) encourage the public to inform the County of any failures to meet permit conditions. Encourage the Chambers of Commerce and other civic groups to assist in the printing and distribution of this brochure. 10.40 Review and Enforcement Based on available funding, County Planning staff shall undertake an annual field review of beach accesses and support facilities to determine whether permit conditions requiring access and/or access related improvements have been fulfilled, existing, pre-LCP accesses remain open and to update access needs. ROLE OF THE STATE DEPARTMENT OF PARKS AND RECREATION 10.41 Lead Agency Encourage the State Department of Parks and Recreation to assume the major responsibility for the acquisition, development, and maintenance of public shoreline access along the coast. 10.42 Priorities Encourage the Department to contribute the major portion of funds for the acquisition and development of access trails and shoreline destinations in accordance with the priorities and policies of this component and reimburse the County for their maintenance and operation. 10.43 Implied Dedication Suits Allow the Department to bring forth implied dedication suits for high priority access trails and shoreline destinations on private land when: (1) gaining access through permit conditioning is unlikely because of no probability of future development, and (2) attempts at acquisition through purchase have failed. ROLE OF THE STATE COASTAL CONSERVANCY 10.44 Priorities Request the Coastal Conservancy to fund the improvement of high priority access trails and shoreline destinations of regional significance included on Table 10.5. 10.45 Accept Offers of Dedication Encourage the State Coastal Conservancy to accept offers to dedicate access which the County or the State Department of Parks and Recreation are unable to accept and to actively seek other agencies or groups authorized to improve and operate the access to whom the offers may be transferred. 10.46 Eminent Domain Allow the Coastal Conservancy to request the State Public Works Board to exercise the power of eminent domain to acquire high priority access trails and shoreline destinations where there is little likelihood of prescriptive rights, no probability of significant future private development, and where attempts at acquisition through purchase have failed. 10.47 Site Specific Recommendations for Shoreline Designations a. Use Site Specific Recommendations for Shoreline Destinations (Table 10.6), which reflect presently known needs and circumstances, as the basis for determining required improvements whether access is publicly or privately developed. b. Investigate and evaluate inaccessible areas not in Table 10.6 in the same manner used for existing shoreline access when development permits are requested for these areas. Apply the policies of this component to determine appropriate access locations and improvements. RG:cdn - RXGC1999.ACM (8/18/92) Insert Table 10.1 (Assessment of Access Trails and Shoreline Destinations) Pages 10.16 thru 10.21