A. Lateral access, or access parallel to the water line on the sandy beach frontage, is presently virtually uninterrupted in Marina. The only obstruction is the Monterey Sand Company’s dragline. When it is not operating, a pedestrian can easily step between the cables. As consistent with the Coastal Act, a balance between public access and operation of a coastal dependent use should be planned so that the needs of both are compatible.

B. About one-third of Marina’s sandy beach frontage is already in state ownership as a part of Marina State Beach. The remaining two-thirds is in a number of private ownerships; several of these are very large.

C. It shall be the city’s intent to require that continuous public lateral access shall be maintained along the shoreline. Lateral access easements or dedications should extend inland from the water line to include the inland edge of the sandy beach frontage. The depth and extent of this area may vary along the beach, but it can easily be identified by a qualified professional. Therefore, the depth of these easements shall be determined by the city at the time alternative use or development is proposed for a site. Sand mining companies are currently extracting sand from or across this area. In accordance with the LCLUP all beachfront parcels that are used for sand mining may satisfy the requirement for lateral access by the recordation of a deed restriction on the property. The deed restriction shall consist of a covenant executed by the property owner which shall be recorded on the title to the property and shall bind all successors-in-interest and shall run with the land until such time as a use other than sand mining is approved. The deed restrictions shall contain provisions limiting public access to protect the safety of the public and to ensure that use of the property for sand mining is not inhibited, but only to the extent that such limitations are reasonable and necessary for the safe conduct of the sand mining operations. At such time as a use other than sand mining is approved the property owner shall execute and record an irrevocable offer to dedicate a lateral access easement.

D. Lateral access easements may be dedicated to the city or to the state. The Coastal Commission has established a process whereby such easements can be offered to state agencies. An offer to dedicate to the state would relieve the city of any potential liability for adjacent property damage as well as placing the operation and maintenance responsibility for this area with the state. (Ord. 2020-07 § 2, 2020; Ord. 2007-11 § 3 (Exh. A), 2007)