Scotts Valley Municipal Code Ch. 16.35 Dedication of Land for Park and Recreational Purposes

The following definitions apply to words used in this chapter:

A. "Commercial" means any space or building or structure designed or intended to be occupied or used for business or commercial purposes including sleeping rooms in hotels and motels with or without kitchens.

B. "Dwelling unit" means each single-family structure, and each habitation unit of an apartment duplex or multiple-dwelling structure for the purpose of habitation, including guest room or other rooms for purpose of temporary habitation.

C. "Industrial" means any space, building or structure designed or intended for manufacturing, processing, research, warehousing and similar uses.

D. "Mobile home" means such dwelling units as are portable in nature, including such trailers, vans, buses or other dwelling units as are mobile.

E. "Mobile home park" means such subdivisions such as are designed to accommodate mobile homes.

F. "Open space" means any parcel or area of land or water which is essentially unimproved and devoted to an open space use as herein defined:

1. The preservation of natural resources;

2. The managed production of resources;

3. Outdoor recreation;

4. The public health and safety;

5. The preservation of aesthetic values;

6. The preservation of historic, cultural or scientific values.

G. "Park" means the land with or without facilities provided for active and passive recreation.

H. "Person" includes every person, firm or corporation.

I. "Population" means the aggregate of persons, either inhabiting a dwelling unit, subdivision or the city.

J. "Recreation" means active and passive human use of park land for the purpose of physical and/or mental enjoyment, pleasure and exercise; for the public health and safety.

(Ord. 64.2 (part), 1978)

As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this chapter.

(Ord. 64.2 (part), 1978)

A. It is found and determined that the public interest, convenience, health, welfare and safety require that five acres of property for each one thousand persons residing within this city be devoted to local park and recreation purposes.

B. It is found and determined that the public interest, convenience, health, welfare and safety require that certain lands of the city be open and essentially unimproved and devoted to open space purposes and that such open spaces be consistent with the standards and guidelines of the open space, recreation and conservation element of the city general plan.

(Ord. 64.2 (part), 1978)

Where a park, recreation or open space use facility has been designated in the open space, recreation and conservation element of the general plan of Scotts Valley, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the additional residents of the city. The amount of land to be provided shall be determined pursuant to the following standards and formula:

A. The formula for determining acreage to be dedicated shall be as follows:

[Figure]

B. The following table of population density is to be followed:

Dedication of the land shall be made in accordance with the procedures contained in this chapter.

(Ord. 64.2 (part), 1978)

A. General Formula. If there is no park or recreational facility designated in the Scotts Valley open space, recreation and conservation element, to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate or pay a fee or both, for the purpose of providing park, recreation and open space equal to the need generated by the proposed subdivision, consistent with the provisions of this chapter, fees collected in lieu of dedication shall be in accord with subsection A of Section 16.35.040.

B. Fees in Lieu of Land—Fifty Parcels or Less. If the proposed subdivision contains fifty parcels or less, the subdivider shall pay a fee equal to the land value of the portion of local park, recreation or open space land required to serve the needs of the residents of the proposed subdivision as prescribed in subsection A of this section and in an amount determined in accordance with the provisions of this chapter.

C. Whereas, Section 66477 of the Government Code does not require subdivisions of fifty parcels or less to dedicate land but pay a fee, nothing in this chapter shall be interpreted to exclude the acceptance of a dedication in so far as the land offered shall be in accord with the provisions of this chapter, as to the quality and quantity of land dedicated.

D. Use of Money. The money collected under this section shall be used only for the purpose of providing park, recreation and open space land and/or facilities related to serving the subdivision by way of purchase and improvement of such lands for park, recreation and open space purposes.

(Ord. 64.2 (part), 1978)

In subdivisions of over fifty lots, the subdivider shall be required to dedicate land or pay a fee in lieu thereof or both in combination to the satisfaction of the city council, in accordance with the standards and fee schedule formulas established elsewhere in this chapter to the extent of the obligation of the subdivider as established by this chapter.

(Ord. 64.2 (part), 1978)

Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to dedicate pursuant to Section 16.35.040. The fee shall be paid pursuant to the provisions contained in Section 16.35.040. The fair market value shall be determined at the time of filing the tentative map. Fair market value can be determined on the basis of the unimproved assessed value at the time of filing or upon an independent appraisal, the cost of which is borne by the subdivider.

(Ord. 64.2 (part), 1978)

A. Whether the city council accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, shall be determined by consideration of the following:

1. Open space, recreation and conservation element of the general plan;

2. Topography, geology, access and location of land in the subdivision available for dedication;

3. Size and shape of the subdivision and land available for dedication;

4. The feasibility of dedication;

5. Availability of previously acquired park property;

6. The preservation of natural resources;

7. The managed production of resources;

8. Outdoor recreation;

9. The public health and safety;

10. The preservation of aesthetic values;

11. The preservation of historic, cultural or scientific values.

B. The determination of the city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

(Ord. 64.2 (part), 1978)

Where private open space for park, recreation and open space purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed fifty percent, may be given against the requirement of land dedication or payment of fees in lieu thereof if the city council finds that it is in the public interest to do so and that all the following standards are met:

A. That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and

B. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; and

C. That the use of the private open space is restricted for park, recreation and open space purposes by recorded covenant, which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city of its successor; and

D. That the proposed private open space is reasonably adaptable for park, recreation and open space purposes, consistent with the factors detailed in Section 16.35.080; and

E. That facilities proposed for the open space are in substantial accordance with the provisions of the open space, recreation and conservation element of the general plan; and

F. That private park and recreational facilities for which credit is given meet the following minimum criteria:

Before credit is given, the city staff shall make written findings that the provisions of the above subsections of this section are met and shall make recommendations to the planning commission and to the park, recreation and cultural activities commission on the basis of these findings.

(Ord. 64.2 (part), 1978)

A. At the time of approval of the tentative map or parcel map, the city council shall determine pursuant to Section 16.35.040 the land to be dedicated and/or fees to be paid by the subdivider.

B. At the time of filing the final map or parcel map, the subdivider shall dedicate the land or pay the fees as previously determined by the city council.

(Ord. 64.2 (part), 1978)

At the time of approval of the final subdivision map, the city council shall specify when development of the park and recreational facilities shall be commenced.

(Ord. 64.2 (part), 1978)

A. The provisions of this chapter shall not apply to subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

B. The provisions of this chapter also shall not apply to industrial subdivisions; nor to condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added; nor to parcel maps for a subdivision containing less than five parcels for a shopping center containing more than three hundred thousand square feet of gross leasable area and no residential development or uses.

(Ord. 64.2 (part), 1978)