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4.1 LAND USE AND PLANNING POLICY The San Joaquin County Development Title states that "Where a subdivision adjoins a public waterway, river or stream, and reasonable public access is unavailable within a reasonable distance as determined by the planning commission, the subdivider shall provide public access to said water way, river, or stream by means of a public roadway, pedestrian way or bikeway. (Section 9-9364) California's increase in population has increased the demand for private property adjacent to public natural resources through real estate subdivisions which resulted in diminishing public access to public natural resources. Furthermore, it is essential to the well being of all citizens of California that public access to public resources be increased (California, 1975). Accordingly,Government Code Section 66478.1 et.seq. prohibits local agencies from approving either a tentative or a final map of any proposed subdivision to be fronted upon a public waterway, river or stream which does not provide reasonable access from a public highway to that portion of the bank of the river or stream bordering or lying within the proposed subdivision. The California Code(Section 66478.4)provides that reasonable public access is to be determined by the local agency(San Joaquin County). In making the determination of what shall be reasonable access, the local agency 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 type of riverbank and the various appropriate recreational, educational, and scientific uses, including,but not limited to, swimming,diving,boating,fishing, water skiing, scientific collection, and teaching. (4) The likelihood of trespass on private property and reasonable means of avoiding such trespasses. Section 66478.5 of the Government Code prohibits local agencies from approving either a tentative or a final map of a subdivision that does not include dedication of a public easement along a portion of the bank of the river or stream bordering or lying within the proposed subdivision. The width,extent and character of the public easement must be reasonably defined by the local agency to achieve reasonable public use of the public waterway, river or stream consistent with public safety. In defining the extent,width and character of the public easement,similar factors as those described for Section 66478.4 above must be considered, with the exception of item one, which states: that the easement may be for a foot trail, bicycle trail or horse trail. The applicant is proposing an equestrian trail along the river bank and through Brovelli Woods, although it would be for the exclusive use of the residents and guests. Brovelli Woods is envisioned as a nature preserve to be included in a conservation easement. The preserve would be managed by the homeowner's association in conjunction with a land conservation organization. This biologically sensitive area would be restricted to scientific and educational groups, thus limiting 4.1-14 r•