A. If the owner of the land being subdivided is also the owner of adjacent land upon which he is willing to impose restrictive covenants which will provide open green areas for the benefit of future occupants of the land being subdivided, as well as the public generally, and if the following conditions, in the opinion of the Council, are met, then owner may submit a plan showing the area to be made subject to the restrictive covenants, and, if in the opinion of the Council, the plan is a reasonable substitute for the park dedication or fee requirements, the Council may approve and accept such offer in lieu of the park dedication or payment of fees provisions herein contained.
B. The conditions which the Council must determine to be met are:
1. That the plans for the development of the subdivision contain provisions for landscaping and open areas which the Council finds are adequate to permit this alternative procedure.
2. That the restrictive covenants will assure open, green area within reasonable proximity of the subdivision located in areas zoned either residential or commercial.
3. That the City Council, upon the recommendation of the City Attorney, has approved the legal sufficiency and form of the covenants to be recorded.
4. That the covenants will run with the land being subdivided and will enure to the general public represented by the Council.
5. That the covenants may not be released or in any manner be rendered ineffective without the prior written consent of the Council.
6. That the area of the property to be subject to such covenants is in the opinion of Council, adequate. The Council shall consider the design, layout, style and landscaping of the subdivision, and other adjoining areas in reaching its determination.
7. That the method of maintaining the open, green area is acceptable to the Council, provided; that if for any reason such areas are not maintained to the satisfaction of the Council, the City shall have the right to go upon all such areas and maintain them.
C. Such open, green areas need not be the site of active recreational pursuits, but may be designed for passive use; however, the owner shall have the proposed covenants drafted so as to clearly indicate any restrictions on use by owners or residents of the proposed subdivision, or restrictions as to the public generally, or restrictions as to all persons.
D. If this alternative procedure is selected by the subdivider and approved by four (4) members of the Council, the Council shall then make the necessary determination by resolution setting out the terms of approval.
E. All approved covenants shall be recorded prior to filing for record the Final Map, or to the filing for record of any Final Map which represents a portion of the Tentative Map.
F. No part of § 15.10.790 shall be amended, repealed, or otherwise modified without at least four (4) affirmative votes of the Council; further that prior to any amendment, repeal or modification of said Section, the City Council shall by resolution establish the date for a public hearing, which shall be held only after giving at least ten (10) days notice by publication in a newspaper of general circulation within Culver City; further that no covenants or conditions or restrictions imposed upon such property may be modified or damaged by any means without an affirmative vote of four (4) members of the City Council.
('65 Code, § 31-120) (Ord. No. CS-622 § 1 (part))