Chapter 15.05
TRAIL AND COASTAL ACCESS DEDICATION, STANDARDS AND REVIEW
Sections:
15.05.040 Conformance with General Plan and Local Coastal Program.
15.05.050 Trail and coastal access dedication.
15.05.060 Trail and coastal access standards.
15.05.070 Trail and coastal access review process.
15.05.010 Purpose.
(A) The purpose of this chapter is to implement the trail and coastal access dedication, standards and review policies of the County’s General Plan and Local Coastal Program Land Use Plan by providing for the orderly development of trail and coastal access facilities to serve the residential communities of the County. It is the intent of the County to assure the continued availability of adequate trail and coastal access facilities concurrent with the anticipated population increases and the reduction in other forms of open space lands in the urban and rural areas of the County.
(B) This chapter provides an important element in the County programs to provide trails and coastal access facilities conveniently located and accessible to serve local urbanized neighborhoods and centers of rural settlement; to establish a Countywide system of hiking and equestrian trails to provide access to various parks, recreation areas, riparian corridors, beaches, and open space areas; to provide for public access and use of the coastal beach and bluff areas; and to protect existing accessways and trails that have been used by the public. [Ord. 5372 § 4, 2021].
15.05.020 Definitions.
All terms used in this chapter shall be as defined in the General Plan and Local Coastal Program Land Use Plan glossaries. [Ord. 5372 § 4, 2021].
15.05.030 Amendment.
(A) Any revision to this chapter which applies to the Coastal Zone shall be reviewed by the Executive Director of the California Coastal Commission to determine whether it constitutes an amendment to the Local Coastal Program.
(B) When an ordinance revision constitutes an amendment to the Local Coastal Program, such revision shall be processed pursuant to the hearing and notification provisions of Chapter 18.60 SCCC and shall be subject to approval by the California Coastal Commission. [Ord. 5372 § 4, 2021].
15.05.040 Conformance with General Plan and Local Coastal Program.
The trail and coastal access facilities hereby required shall conform to the Santa Cruz County General Plan including its various elements, and the Local Coastal Program Land Use Plan, as adopted and amended at the time of decision on dedication or fees. [Ord. 5372 § 4, 2021].
15.05.050 Trail and coastal access dedication.
Trail and Coastal Access Dedication. As a condition of approval for any permit for a residential, commercial, or industrial project, an owner shall be required to dedicate an easement for trail or coastal access if necessary to implement the General Plan or the Local Coastal Program Land Use Plan, and only if the requirement for dedication complies with California Government Code Sections 65909(a) and 66475.4(b), and 66478.1 et seq. for land divisions. [Ord. 5372 § 4, 2021].
15.05.060 Trail and coastal access standards.
(A) Trails.
(1) Where dedication is required for public access, the following minimum requirements shall apply:
(a) Shoreline access easements shall be a minimum of 10 feet wide.
(b) Easements along proposed trail corridors or adopted trail corridors, or for blufftop lateral access, shall be a minimum of 10 feet wide.
(2) The County may require a wider easement if necessary to accommodate the intended type and level of use.
(3) Trail easements may be located within open space areas required by the zone district regulations. Where a trail easement is required on developable land, this land shall be used in calculating the number of dwelling units allowed. Trail easement dedication requirements shall be in addition to any parkland dedication requirements.
(B) Lateral Access.
(1) Coastal lateral access easements shall include the entire sandy beach area, and shall include the area up to the first line of terrestrial vegetation or up to the base of the bluffs, or if a seawall is present, up to the base of the seawall.
(2) Coastal lateral access easements shall be in addition to any other dedication or setbacks or open space areas required by the zone district regulations and shall not be used in calculating the dwelling units allowed. [Ord. 5372 § 4, 2021].
15.05.070 Trail and coastal access review process.
(A) Public Access Review. Dedication of an easement for public access shall be required if adverse environmental impacts and use conflicts can be mitigated, as determined by the decision-making body, and if one of the following situations exists:
(1) The parcel is designated as primary public shoreline access or as a location appropriate for neighborhood shoreline access in the Local Coastal Program Land Use Plan as adopted and amended at the time of the decision on dedication.
(2) Dedication is required to protect established access which has been in long and continuous use by members of the public. Such use shall be determined by the decision-making body based upon public testimony.
(3) The parcel is located within the urban services line, and:
(a) It is between the first public roadway and the shoreline, and there is no dedicated public access to the shoreline within 650 feet; or
(b) It is inland of the first public road and residents have been using the property to gain access to the shoreline. Such use shall be determined by the decision-making body based on public testimony.
(4) The parcel is located outside the urban services line, is between the first public road and the shoreline, and either (a) there is no dedicated public access to the shoreline within one-half mile; or (b) there is no other dedicated public access and the beach is less than one-half mile long.
(5) The parcel is located within a designated trail corridor on the Local Coastal Program land use maps, or along an adopted trail route.
(6) If the parcel is located on the shoreline, dedication of an easement for lateral beach or blufftop access shall also be required. [Ord. 5372 § 4, 2021].