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Wherever reservation of an interest in land for public access, open space, or conservation is required by the LCP, it shall be a condition of the coastal development permit.

A. Legal Instruments Required. Prior to issuance of a coastal development permit, where a public access way or open space or conservation restriction on land is required by this LCP, each applicant shall record one of the following legal documents as specified in the conditions of approval:

1. Irrevocable Offer of Dedication. The applicant shall submit a preliminary title report and record an irrevocable offer to dedicate the access way, open space, or conservation easement or to convey such interest in property in fee as described in the permit conditions, free of prior liens or encumbrances, except for tax liens. This offer can be accepted within 21 years by a nonprofit organization or governmental agency subject to approval by the Executive Director of the Coastal Commission. Until this offer is accepted or until the landowner allows, the public has no right to use the access way; provided, that the landowner shall not interfere with established existing public use.

2. Outright Grant of Fee Interest or Easement. If the project is important in and of itself for public access, open space, or conservation needs, and the size and scope of the proposed development are such that an outright conveyance interest is appropriate, or there is an accepting agency approved by the Executive Director of the Coastal Commission available to accept the easement or fee interest, it can be required prior to issuance of the coastal development permit. Until such a grant is accepted or until the landowner allows, the public has no right to use the access way; provided, that the landowner shall not interfere with established existing public use.

3. Required Information. As a condition of the issuance of a coastal development permit, title information and all necessary subordination agreements shall be required. Title insurance may also be required when extensive interests inland are being granted. (Ord. 3352 § 2, 2015; Ord. 3238 § 2 (Exh. B), 2012; Ord. 2532, 1992; Ord. 2168 § 1, 1986; Res. 11903, 1985).