Scotts Valley Municipal Code Ch. 16.36 Public Access to Lakes and Reservoirs

The city shall not approve the tentative map of any subdivision fronting upon any lake or reservoir which is owned in part or entirely by any public agency including the state, which subdivision does not provide or have available reasonable access by fee or easement from public highways to any water of the lake or reservoir upon which the subdivision borders either within the sub-division or a reasonable distance from the subdivision. Any public access route or routes provided by the subdivider shall be expressly designated on the tentative and final map or parcel map, and such maps shall expressly designate the governmental entity to which such route or routes are dedicated and its acceptance of such dedication.

(Ord. 64 § 3 (part), 1975)

Reasonable access, as used in Section 16.36.010, shall be determined by the council.

(Ord. 64 § 3 (part), 1975)

In making the determination of what shall be reasonable access, the city shall consider:

A. That access may be by highway, foot trail, bike trail, horse trail, or any other means of travel;

B. The size of the subdivision;

C. The type of shoreline and the various appropriate recreational, educational, and scientific uses, including, but not limited to, swimming, diving, boating, fishing, water skiing, scientific exploration, and teaching;

D. The likelihood of trespass on private property and reasonable means of avoiding such trespasses.

(Ord. 64 § 3 (part), 1975)

Nothing in this section shall require the council, to disapprove a tentative, parcel or final map solely on the basis that the reasonable access otherwise required by this section is not provided through or across the subdivision itself, if it is found that such reasonable access is otherwise available within a reasonable distance from the subdivision.

Any finding shall be set forth on the face of the tentative and final map or parcel map.

(Ord. 64 § 3 (part), 1975)

The provisions of this section shall not apply to the final map or parcel map of any subdivision for which the tentative map has been previously approved prior to the effective date of this chapter.

(Ord. 64 § 3 (part), 1975)

Any access route or routes provided by the subdivider pursuant to this section may be conveyed or transferred to any state or local agency by the governmental entity to which such route or routes have been dedicated, at any future time, by mutual consent of such governmental entity and the particular state or local agency. Such conveyance or transfer shall be recorded by the recipient state or local agency in the office of the recorder.

Nothing in this chapter shall be construed as requiring the subdivider to improve any route or routes which are primarily for the benefit of nonresidents of the subdivision area or nonowners of the real property in question.

(Ord. 64 § 3 (part), 1975)