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Kittitas County Shoreline Master Program <br />9. Dedicated space for physical public access shall be incorporated into all use and <br />development proposals on public lands, all public and private commercial and <br />industrial uses and developments, multi-family residential development of more than <br />four (4) dwelling units, and all residential subdivisions of greater than four (4) parcels <br />unless the project proponent demonstrates that any of the following conditions exist: <br />a. Unavoidable public health or safety hazards exist and cannot be prevented <br />through reasonable means; or <br />b. The use and/or development has inherent security or cultural sensitivity <br />requirements that cannot be mitigated through reasonable design measures or <br />other solutions; or <br />c. The provision of public access for the proposed use or development is not <br />consistent with all relevant constitutional and other legal limitations on regulation <br />of private property and the principles of nexus and proportionality; or <br />d. The cost of providing the access, easement or an alternative amenity is <br />disproportionate to the total longterm cost of the proposed use or development; <br />or <br />e. The public access will cause unacceptable environmental impacts that cannot be <br />mitigated;orf. The access would create significant, undue, and unavoidable conflicts with <br />adjacent uses that cannot be mitigated. <br />10.To be relieved from public access requirements the project proponent must <br />demonstrate that all feasible alternatives have been considered, including, but not <br />limited to: <br />a. Regulating access through means such as maintaining a gate and/or limiting <br />hours of use; and <br />b. Separating uses and activities (e.9., fences, terracing, use of one-way glazing, <br />hedges, landscaping, etc.). <br />11.When physical public access is deemed to be infeasible, the proponent shall provide <br />visual access to the shoreline or provide physical access at an off-site location <br />geographically separated from the proposed use or development (e.9., a street end, <br />vista, or trail system), or for a residential development, provide community access to <br />the shoreline or to a common waterfront loUtract for non-commercial recreational use <br />of the property owners and guests within the proposed subdivision. <br />12.Public access shall be located and designed to be compatible with the natural <br />shoreline character, to avoid adverse impacts to shoreline ecologicalfunctions and <br />processes, and to ensure public safety. <br />13. Public shoreline access provided by public road ends, public road rights-of-way, <br />public utilities and rights-of-way shall not be diminished by the County, neighboring <br />property owners, or other citizens, unless the property is zoned for industrial uses in <br />accordance with RCW Chapter 36.87.130. <br />Chapter 5 <br />March 7, 2016 <br />93