Scotts Valley Municipal Code Ch. 16.34 Dedications

A tentative map condition may require a subdivider to dedicate or irrevocably offer to dedicate real property within the subdivision for streets, alleys, including access rights and abutter's rights, drainage, public utility easements, and other public easements. Such irrevocable offers may be terminated as provided in Sections 16.34.070 and 16.34.080.

(Ord. 64 § 3 (part), 1975)

Whenever a subdivider is required to dedicate roadways to the public, he may also be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of the residents of the subdivision, if the subdivision, as shown on the final map thereof, contains two hundred or more parcels.

(Ord. 64 § 3 (part), 1975)

Dedication of streets may include a waiver of direct access rights to any such street from any property shown on a final or parcel map as abutting thereon, and if the dedication is accepted, any such waiver shall become effective in accordance with its provisions.

(Ord. 64 § 3 (part), 1975)

A. At the time the final map is approved, the council shall also accept, accept subject to improvements, or reject any offer of dedication.

B. At the time the parcel map is approved, the council shall also accept, accept subject to improvements, or reject any offer of dedication.

(Ord. 64 § 3 (part), 1975)

If at the time the final map or parcel map is approved, any streets, paths, alleys, or storm drainage easements are rejected, the offer or dedication shall remain open and the council may, by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys or storm drainage easements for public use which acceptance shall be recorded in the office of the recorder.

(Ord. 64 § 3 (part), 1975)

In the case of any subdivision fronting upon any access route or routes from public highways to the bank of the waterway, river or stream and the public easement along a portion of the bank, waterway, river or stream must be accepted within three years after the approval of the final map or parcel map; in the case of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency including the state, the offer of dedication of public access route or routes from public highways to any water of such lake or reservoir must be accepted within five years after the approval of the final map or parcel map; all other offers of dedication may be accepted at any time.

(Ord. 64 § 3 (part), 1975)

Offers of dedication which are covered by Section 16.34.050 may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of street by Part 3 (commencing with Section 940) of Division 2 of the Streets and Highways Code, whichever is applicable.

(Ord. 64 § 3 (part), 1975)

Offers of dedication which are not accepted within the time limits specified in Section 16.34.060 shall be deemed abandoned.

(Ord. 64 § 3 (part), 1975)

Except as provided in Sections 16.30.050, 16.30.060, and 16.30.070, if a resubdivision or reversion to acreage of the tract is subsequently filed for approval, any offer of dedication previously rejected shall be deemed to be terminated upon the approval of the map by the council in case of a final map or parcel map.

(Ord. 64 § 3 (part), 1975)

Acceptance of offers of dedication on a final map or a parcel map shall not be effective until either the final map is recorded in the office of the recorder or a resolution of acceptance by the council is recorded in such office.

(Ord. 64 § 3 (part), 1975)

A. Any subdivider who develops or completes the development of one or more subdivisions in one or more school districts maintaining an elementary school shall dedicate to the school district or district within which such subdivisions are to be located, such land as the council shall deem to be necessary for the purpose of constructing thereon such elementary schools as are necessary to assure the residents of the subdivision adequate public school service. In no case shall the council require the dedication of an amount of land which would make development of the remaining land held by the subdivider economically unfeasible or which would exceed the amount of land ordinarily allowed under the procedures of the State Allocation Board.

B. This requirement shall not be applicable to a sub-divider who has owned the land being subdivided for more than ten years prior to the filing of the tentative maps in accordance with this chapter. The requirement of dedication shall be imposed at the time of approval of the tentative map. If, within thirty days after the requirement of dedication is imposed by the city, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to sixty days after, the filing of the final map on any portion of the subdivision. The school district shall, in the event that it accepts the dedication, repay to the subdivider or his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:

1. The cost of any improvements to the dedicated land since acquisition by the subdivider;

2. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication;

3. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.

C. If the land is not used by the school district as a school site within ten years after dedication, the subdivider shall have the option to repurchase the property from the district for the amount paid therefor.

D. The school district to which the property is dedicated shall record a certificate with the recorder. The certificate shall contain the following information:

1. The name and address of the subdivider dedicating the property;

2. A legal description of the real property dedicated;

3. A statement that the subdivider dedicating the property has an option to repurchase the property if it is not used by the school district as a school site within ten years after dedication;

4. Proof of the acceptance of the dedication by the school district and the date of acceptance. The certificates shall be recorded not more than ten days after the date of acceptance of the dedication. The subdivider shall have the right to compel the school district to record such certificate, but until such certificate is recorded, any rights acquired by any third party dealing in good faith with the school district shall not be impaired or otherwise affected by the option right of the subdivider.

E. If any subdivider is aggrieved by, or fails to agree to the reasonableness of any requirement imposed pursuant to this section, he may bring a special proceeding in the superior court pursuant to Government Code Section 66499.37 of the state of California.

(Ord. 64 § 3 (part), 1975)