Chapter 86.74


86.74.010    Waterfront development.

86.74.020    Public sandy beaches.

86.74.030    Waterfront development setbacks.

86.74.040    Accessway standards.

86.74.050    Public access along the shore.

86.74.060    Public prescriptive rights.

86.74.070    Prohibitions for Glorietta Bay.

86.74.010 Waterfront development.

Development involving waterfront properties shall be required to satisfy the standards of this chapter. (Ord. 1532)

86.74.020 Public sandy beaches.

No new development shall occur on existing public sandy beach areas. An exception would be allowed for new or expanded permanent lifeguard facilities, restroom facilities, bikepaths or similar public recreation facilities, if it can be determined by the City that adverse impacts to public beaches are negligible or when public safety or health requires it; and provided, that no less environmentally damaging alternatives exist. This prohibition shall not be construed to restrict or regulate the maintenance, repair, rehabilitation or replacement of existing public facilities, or the activities of any governmental agency other than the City of Coronado on property under that agency’s jurisdiction.

86.74.030 Waterfront development setbacks.

A. Development setbacks shall be calculated from the parcel’s property line subject to the provisions of subsections B and C of this section, which may require a greater setback.

B. New development shall assure coastal stability and structural integrity, and neither create nor contribute significantly to erosion or geologic instability.

C. Permanent buildings, or other structures proposed for construction (excluding refurbishment, renovation or addition to existing structures that do not extend the structures seaward or bayward) shall be set back from an eroding beach or coastline a distance sufficient to assure that the development will not require mitigation measures to protect the development from the natural erosion process during the economic lifetime of the structures. The builder, at the request of the City Coastal Permit Administrator, shall provide a certification by a civil engineer acceptable to the City that the proposed construction site meets these criteria.

D. The City Coastal Permit Administrator may request through the City Council, the opinion of the Corps of Engineers, Scripps Oceanography Institute, or other qualified experts with regard to the possible erosion of beach area in the vicinity of the proposed construction in making a determination of required setbacks.

86.74.040 Accessway standards.

Unless otherwise provided in this title, the following pedestrian accessway standards shall apply to the provision of pathways to or along the City’s shoreline:

Accessways shall be at least four feet wide, with a preferred width of at least 10 feet. At least four feet of the accessway’s width shall be hard surfaced and shall have a maximum gradient of 70 percent (i.e., a seven-foot vertical drop for every 10 feet of horizontal distance). Gradients of greater than 12 percent shall require stairs. The preferred gradient for pedestrian accessways shall be 20 percent or less. Wheelchair ramps shall meet all Uniform Building Code standards. Minimum structure setback from an accessway (excluding fences, boundary walls or hedges) shall be five feet; preferred setback shall be at least 10 feet. Setbacks shall be determined and the path shall be designed to assure both a functional accesspath and the privacy and security of adjoining land owners. Not more than one access path to the shoreline shall be required for each 500 lineal feet of shoreline.

86.74.050 Public access along the shore.

Offers of dedication of easements to local or State agencies or private associations for public access along the shoreline (lateral access) shall be required in association with new development fronting on the ocean or bay except for repair and maintenance activities or replacement of structures destroyed by natural disaster. In addition, improvements to any structure or demolition and reconstruction of single-family residences would be exempted from lateral access easement requirements unless such improvements interfere with currently existing public views, block a public accessway, or causes further encroachment of the structure seaward or toward the edge of a bluff. Specifically, easements would be required:

A. Seaward of the toe of existing bluff or vegetation lines where new development is proposed on existing developed lots; and

B. Seaward of proposed new sea walls or other shoreline protective devices.

86.74.060 Public prescriptive rights.

A. No portion of this title shall be construed to permit private activities or development to encroach upon public prescriptive rights. A City coastal permit for private activities or development shall not be approved if such activities or development are likely to interfere with public prescriptive rights unless public access is required as a condition of permit approval. Depending upon circumstances, public access may be provided through the use of deed restrictions, grant of fee interest, grant of an easement, or an offer of dedication of either an easement or fee interest. Proposed developments shall be sited and designed in a manner which does not interfere with the area of use, or shall provide for an equivalent area of use on-site. In either situation, prior to issuance of a permit, applicants will be required to record offers of dedication or other suitable documents.

B. Where evidence of public prescriptive rights exist in association with proposed development, review procedures in accordance with the Attorney General’s “Implied Dedication and Prescriptive Rights Manual” shall be utilized by the City to further investigate the possibility of prescriptive rights of access in order to protect such rights. A City coastal permit shall not be issued until it is determined by the City Council, upon a public hearing, that public prescriptive rights will be substantially guaranteed by conditions to be placed upon the City coastal permit.

86.74.070 Prohibitions for Glorietta Bay.

No new public school buildings or buildings solely for private use as clubs, lodges or private assembly halls shall be constructed, placed or maintained on land adjacent to Glorietta Bay; nor shall new leases be given nor old leases be extended for such uses in this area.