TIDELANDS ACCESS ORDINANCE PURPOSE: The purpose of this ordinance is to assure reasonable public access to all useable, publicly owned tidelands in Sonoma county. This ordinance recognizes that the State of California and its citizens are the owners of all lands covered by the Pacific Ocean at high tide. It further recognizes that the public has a right to access to publicly owned lands under the provisions of Article XV, Section2, of the Constitution of the State of California. Interpretation: This ordinance and the terms used herein are to be construed liberally in favor of public access to publicly owned tidelands. 1. No land division may be approved on the ocean side of Highway One in Sonoma County unless the divider of the land, (1) either dedicates sufficient public roads within the division to the County of Sonoma to provide reasonable public access to useable tidelands, or (2) dedicates for public use, access ways across the land division to be used by the public for the purpose of access to the tidelands. 2. In those land divisions in which roads are dedicated to Sonoma County for public use, access ways shall be dedicated from the public roads to all useable tidelands which are not made available to the public by public roads. 3. Dedicated access ways shall be such frequency and width as to assure reasonable public access to useable tidelands. In determining the frequency and dimensions of such access ways the County shall take into consideration the distance between Highway One and the tidelands, the nature of the tidelands to which access is being acquired and the willingness of the subdivider to dedicate a lateral, bluff-head trail for public access use. 4. No access ways created under the provision of this ordinance shall be opened to public use until such time as they are developed in such a way as to protect adjacent landowners from trespass. 5. It is the specific intention of the Board of Supervisors that this ordinance shall constitute a public access policy as referred to in paragraph 4 of Resolution number 2293 granting a use permit to Oceanic Properties, Incorporated. Proposed Ordinance - prepared by Richard Day Ordinance not submited to Bd. Supervisors at this time. see p. 119 for Supervisors reaction when Ordinance submited.
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