§ 30.61.090. Protection of Historic Public Use.

A.

New development shall be sited and designed in a manner that does not interfere with or diminish any public right of access which may have been established based on historic public use. When it is found that site constraints are so severe that siting of the access way in its historic location would significantly impair the proposed development, access may be provided in an alternative alignment and/or location on the development site. In such cases, the applicant shall provide, at a minimum, an equivalent area of public access or recreation to and along the same destination and accommodating the same type and intensity of public use as previously existed on the site. Mechanisms for guaranteeing the continued public use of the area or equivalent area shall be required in accordance with the provisions of this Chapter.

B.

The requirement for provision of an access easement or improvements therein shall not serve to extinguish or waive public prescriptive rights.

C.

Applications for Coastal Development Permits which involve sites where there is evidence of the existence of potential prescriptive rights shall be subject to conditions to ensure that the applicant acknowledges, in writing, that the approval of the permit or the conditions attached thereto shall not be construed to constitute a waiver of any prescriptive rights which may exist on the parcel itself or on the designated easement area.