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A. The Planning Commission and City Council shall not approve the tentative or final map of any subdivision fronting on a public water resource, which subdivision does not provide or have available reasonable public access by fee or easement from a public highway to:

1. That portion of the bank of the resource bordering or lying within the proposed subdivision when the resource is a public waterway, river or stream.

2. Land below the ordinary high-water mark of the resource within or at a reasonable distance from the subdivision, when the resource is a bay shoreline.

3. Any water of the resource upon which the subdivision borders either within the subdivision or a reasonable distance from the subdivision, when the resource is a lake or reservoir owned in part or entirely by any public agency.

B. In making the determination of what shall be reasonable access from a public highway to a resource, the Planning Commission and City Council shall consider all of the following:

1. That access may be by highway, foot trail, bike trail, horse trail or any other means of travel.

2. The size of the subdivision.

3. The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

4. If the resource is a waterway, river, stream, lake or reservoir, then the Planning Commission and City Council shall consider the type of riverbank or shoreline and the various appropriate recreational, educational and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific collection and teaching.

5. If the resource is a bay shoreline, then the Planning Commission and the City Council shall consider the type of shoreline and the various recreational, educational and scientific uses, including but not limited to, diving, sunbathing, surfing, walking, swimming, fishing, beachcombing, taking of shellfish and scientific exploration. (Ord. 1030 § 2(11), 2018; Ord. 584 § 1 (part), 1977)