(A) In accordance with California Government Code §§ 65870 et seq., where contiguous parcels have a common ownership and where development is to take place on one parcel and required facilities are to be placed on the contiguous parcel, this section shall provide an alternative means for the continued existence of the facilities placed on the adjacent parcel.
(B) In any commercial or industrial district where commonly owned and contiguous parcels exist and development is proposed for one parcel and where as a condition of the development certain facilities which are required to support the development are placed on the contiguous parcel, the developer may be required, as a condition of approval of the development, to prepare a covenant of easement assuring the legal continuation of the facilities provided that all of the following conditions are met:
(1) The covenant for easement may be for parking, ingress, egress, light and air access, landscaping or open space purposes;
(2) At the time of recording the covenant for easement, all the real property benefitted or burdened by the covenant shall be in common ownership;
(3) The covenant for easement shall describe the real property to be subject to the easement and the real property to be benefitted thereby;
(4) The covenant for easement shall identify the approval, permit or designation granted which relied upon or required the covenant;
(5) The facilities within the easement, whether existing or proposed, are necessary to provide for orderly development and do not conflict with the provisions of this chapter;
(6) The form and content of the covenant for easement is approved by the Community Development Director or designee;
(7) The applicant has paid to the city a fee for the examination of the document noted above; and (The fee shall not exceed the cost of staff time, materials and postage expended as part of the examination process.)
(8) The covenant for easement shall be by an owner of real property to the city and duly recorded in the Office of the County Clerk and Recorder. Recording fees, if any, shall be paid by the applicant.
(`61 Code, § 25.19.17) (Ord. 915, passed 6-20-2000; Am. Ord. 939, passed 5-20-2003; Am. Ord. 1018, passed 9-3-2013)