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(1) Beach access structures may be permitted in all environment designations through a substantial development permit or conditional use permit as indicated in CCC 35.10.090, Tables 2-1 and 2-2 when they are consistent with this Program.

(2) New beach access structures shall comply with the applicable provisions of Chapters: 35.30 CCC, Shoreline Buffers and Vegetation Conservation; 35.35 CCC, Critical Areas within Shoreline Jurisdiction; 35.40 CCC, Mitigation and No Net Loss; and with the applicable articles: Article II of Chapter 35.25 CCC, Clearing, Grading and Filling; Article III of Chapter 35.25 CCC, Public Access; Article IV of Chapter 35.25 CCC, Water Quality and Water Management; and Article V of Chapter 35.25 CCC, Archaeological, Historical and Cultural Resources.

(3) When consistent with this Program, private beach access structures may be located within a shoreline buffer; provided, that:

(a) No more than one beach access structure is allowed on an individual private lot; and

(b) The width of any walkway, staircase, tower or tram shall not exceed six feet; and

(c) The structure shall not extend more than 12 vertical feet above the bank or slope; and

(d) There is no other available public beach access within 500 feet of the proposed access site; and

(e) Compensatory mitigation is provided to offset adverse impacts on shoreline process and/or functions. The mitigation shall include enhancement of the buffer vegetation through planting and/or other appropriate measures needed to achieve no net loss.

(4) No portion of a beach access structure shall be constructed in a wetland or wetland buffer or waterward of the ordinary high water mark of any water body unless there is no other feasible alternative.

(5) When in-water or over-water construction is permitted in accordance with this section it shall be limited to a small pier or pile-supported pedestrian landing platform of 25 square feet or less that is otherwise consistent with the provisions of this Program.

(6) Existing lawfully constructed beach access structures may be repaired or replaced in kind consistent with other provisions of this Program.

(7) New land divisions shall include provisions for joint use of beach access structures. Single use structures shall be prohibited in new subdivisions. All necessary access easements shall be recorded at the time of permitting.

(8) Beach access structures, including any stairway, tram, stair tower, platform and/or elevated walkway anchored to the ground surface by structural means, are prohibited within areas mapped as feeder bluff, feeder bluff talus, and feeder bluff exceptional.