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Ms. Kerry Sullivan <br /> February 28, 1991 <br /> Page 3 <br /> o disruption from activities of adjacent developments. <br /> The DEIR should also address the project's consideration and accommodation of the <br /> public's constitutional rights of access and use of the waterway within the subject area. <br /> Government Code Section 66478.1 et. seq. prohibits local agencies from approving either <br /> a tentative or a final map of any proposed subdivision to be fronted upon a public waterway, <br /> river or stream which does not provide reasonable public access from a public highway to <br /> that portion of the bank of the river or stream bordering or lying within the proposed <br /> subdivision. This requirement should be observed for any proposed subdivisions along <br /> navigable waters (see Kern River Public Access Committee v City of Bakersfield. 170 Cal <br /> App 3d/205 (1985)). <br /> Staff also suggests that the County consider the development of a riparian parkway <br /> to protect the existing riparian habitat. This parkway would have the goals of: 1) <br /> protecting, restoring, and maintaining the riparian vegetation; and, 2) providing recreational <br /> use and public access, as appropriate, to and through the parkway. <br /> Thank you for the opportunity to comment. The applicant should contact Mr. Jerry <br /> Gordon at (916)322-7839 regarding the SLCs permitting process. If you have any questions <br /> regarding content of the DEIR, please contact Dr. Diana Jacobs at (916) 445-5034. <br /> Sincerely, <br /> ht . Sanders, Chief <br /> Divis' n of Environmental <br /> Planning and Management <br /> r <br /> cc: Charles Warren, Executive Officer <br /> Jack Rump, Assistant Chief Counsel <br /> Jerry Gordon <br /> Diana Jacobs <br /> File Ref.: SD 90-03-12 <br />