17.170.010 General
17.170.015 Procedures
17.170.020 Content of Covenant
17.170.025 Release of Covenant--Procedure
(a) Authority for Adoption - This Chapter is adopted pursuant to Government Code Sections 65870 to 65875.
(b) Application of This Chapter to Development Projects - This Chapter shall apply to all development projects approved by the City, its City Council, Planning Commission, voters, officers, and employees, which are not a part of the subdivision process, and acts independently from any other authority or method for the City to require an easement.
The provisions of this Chapter shall only apply when:
(1) The covenant for easement is for:
A. Parking;
B. Ingress, egress, or emergency access;
C. Light and/or air access;
D. Landscaping; and/or
E. Open space purposes.
(2) At the time of recording the covenant of easement, all the real property benefitted or burdened by said covenant shall be in common ownership.
(3) When the development project for which the approval is sought is not an approval under the Subdivision Map Act.
Whenever the Planning Commission or City Council determines, independently or based upon the recommendation of City staff, that a Covenant of Easement is needed for one or more of the purposes identified in Section 17.170.010(b)(1), the approval, permit, or designation shall not become effective unless or until said Covenant of Easement is recorded.
(a) Whenever a Covenant of Easement is required herein, the Covenant shall either:
(1) Be in a form and manner approved by the City Attorney based upon the advise of the City Engineer and Planning Director; or,
(2) Be prepared by the City Attorney. Whenever the City Attorney prepares a Covenant of Easement, the City shall be entitled to reimbursement from the applicant for the costs associated therewith.
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