§ 30.61.130. Required Findings.

A.

All applications for Coastal Development Permits (whether redevelopment or new development) meeting one or more of the circumstances cited below shall be subject to written findings of fact, analysis, and conclusions addressing the appropriateness of including or omitting requirements for the provision of public access easements and improvements:

1.

New development on any parcel or location identified in the City of Del Mar Local Coastal Program Land Use Plan as containing an historically used or suitable informal public access pathway.

2.

New development on any site where there is substantial evidence of a public right of access to the sea or public tidelands which has been acquired through use or a public right of access through legislative authorization.

3.

New development on any site where a trail, bluff top access, or other recreational access is necessary to mitigate the impact of the development on existing public access opportunities.

4.

New development in locations where it has been determined that a trail access is required to link recreational areas to each other or to the sea.

B.

The findings required herein shall address the applicable factors identified in this Chapter regarding the impact of the proposed development on existing public access opportunities and the type, alignment, and design of any public access required as a condition of approval. The findings required by this Section shall include, at a minimum:

1.

A statement of the individual and cumulative burdens which would be placed on public access opportunities by the proposed development based on applicable factors identified in this Chapter.

2.

An analysis based on the applicable factors identified in this Chapter of the necessity for requiring public access conditions to find the project consistent with the public access provisions of the Coastal Act.

3.

A description of the legitimate governmental interest furthered by any access condition required.

4.

An explanation of how the imposition of a condition to provide public access alleviates the burdens and impacts on public access, which would otherwise be created, were the development to be approved and implemented without public access requirements.