§ 30.61.060. Vertical Public Access.

A.

Minimum requirements. Where required pursuant to the provisions of this Chapter, the alignment of the vertical public access easement and the improvements required therein, shall be designed to ensure that the access way, once implemented, will provide the public with the permanent right of vertical public access to the water's edge (shoreline) of an ocean, lagoon, tidelands, river course, or to an established lateral public access, as applicable.

B.

A requirement to provide vertical access as a condition of approval of a Coastal Development Permit (or other authorization to proceed with development) shall provide the public with the permanent right of vertical access which shall be limited to the public right of passive recreational use.

C.

Each vertical access way shall extend from the public road to the shoreline and shall be legally described as required in this Chapter.

D.

Unless constrained due to factors beyond the applicant's control, as determined by the Issuing Authority for the Coastal Development Permit, vertical access easements shall be a minimum of ten feet in width, with the access easement sited and aligned so as to provide a minimum of ten feet between the access way and the closest residence. Examples of factors which may be deemed "beyond the control of the applicant" shall include, but not be limited to, topographical constraints or the existence of a structure(s) which is non-conforming in regard to the property setbacks required by this Title.

E.

Vertical access easements shall be legally conveyed and described as enumerated in this Chapter.

(Ord. No. 733)