Ordinance No. 843403
ORDINANCE NO. ,843
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS IMPLEMENTING ARTICLE 2.5
OF DIVISION 1, OF CHAPTER 4 OF TITLE 7,
SECTION 65870 ET ar,Q. OF THE GOVERNMENT
CODE BY ESTABLISHING PROCEDURES FOR
COVENANTS FOR EASEMENT FOR PARKING,
INGRESS, EGRESS, EMERGENCY ACCESS, LIGHT
AND AIR ACCESS, LANDSCAPING, OR OPEN -
SPACE PURPOSES
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:
SECTION I. RECITALS
WHEREAS, Government Code Section 65870 et seq.
authorizes cities by ordinance to establish procedures for
the creation of easements on private property for parking,
ingress, egress, emergency access, light and air access,
landscaping, or similar open -space purposes; and,
WHEREAS, the City Council, based upon the advice of
the City's professional staff, has determined that such
covenants for easements are both necessary and desirable for
ensuring high quality developments when the City Council is
making decisions on development projects outside the
Subdivision Map Act process; and,
WHEREAS, establishment of the process and
procedures for creating, reviewing, and releasing said
covenants for easements will assist in the efficient
operation of the planning and land use processes of the
City.
SECTION II.
the City of Cypress is
Section 21, "Covenants
"SECTION 21.
Appendix I, "Zoning," of the Code of
hereby amended by the addition of
for Easements," to read as follows:
COVENANTS FOR EASEMENTS.
Section 21.0 General.
A. Authority for Adoption. This Section
is adopted pursuant to Government Code
Sections 65870 to 65875.
B. Application of This Section to
Development Projects. This Section shall
apply to all development projects
approved by the City, its Council,
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 Section shall only
apply when:
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(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 benefited 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.
Section 21.1 Procedures. Whenever the
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 20.0 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.
Section 21.2. Content of Covenant. Any
Covenant of Easement prepared pursuant to
this Section shall contain, at a minimum,
the following elements:
(a) Identification of the owner
and /or owners of the real
property to be burdened,
including a statement that both
the burdened and benefited
parcels are under common
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ownership;
(b) A consent to said Covenant of
Easement and the recording
thereof by the record owner
and /or owners to the Covenant;
(c) Identification of the real
property to be benefited and to
be burdened by said Covenant
including a legal description
of the same;
(d) A statement that said Covenant
shall act as an easement
pursuant to Chapter 3
(commencing with Section 801)
of Title 2 of Part 2 of
Division 2 of the California
Civil Code -- including an
express statement that said
easement and Covenant of
Easement shall not merge into
any other interest in real
property pursuant to California
Government Code Section
65871(b);
(e) State that said Covenant of
Easement shall run with the
land, be binding upon all
successors in interest to the
burdened real property, inure
to all successors in interest
to the real property benefited,
and shall be subject to
California Civil Code Section
1104;
Identify the approval, permit,
or designation granted which
required the Covenant;
A statement identifying the
Cypress City Code Section which
sets forth the procedure for
release of the Covenant;
(h) An appropriate section for
execution of said Covenant of
Easement by the record owner or
owners of the subject real
property.
Section 21.3. Release of Covenant -
Procedure. Any person may request that
the City Council make a determination as
to whether or not the restriction imposed
by the Covenant of Easement is still
necessary to achieve the City's land use
goals. A person shall be entitled to
only one (1) such determination in any
twelve (12) month period.
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(a) To obtain a determination
mentioned above, a °Request for
Determination° application
shall be made and filed with
the City Clerk. Said
application shall include a fee
as set by resolution of the
City Council.
(b) Upon receipt of a completed
application, the City Clerk
shall set the matter for Public
Hearing before the City Council
and cause notice thereof to be
given pursuant to Government
Code Section 65090, and a copy
of the notice shall be mailed
to the record property owner or
owners as shown on the Tax
Assessor's latest equalized
role if other than the
applicant and to all record
property owners within three -
hundred (300) feet of the
property.
(c) At the conclusion of the Public
Hearing, the City Council shall
determine and make a finding,
based upon substantial evidence
in the record, whether or not
the restriction imposed by the
Covenant of Easement is still
necessary to achieve the land
use goals of the City. If the
City Council determines that
the Covenant for Easement is
still required, the City
Council shall by resolution
determine that the need still
exists.
(d) If the City Council finds that
the Covenant of Easement is no
longer necessary, the City
Council shall by resolution
make the determination and
finding and direct the City
Attorney to prepare a release
thereof and transmit the same
to the City Clerk for
recording.
(e) The City Council's
determination in subsections
(c) and (d) above shall be
final and conclusive.°
SECTION III. If any section, subsection,
subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
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407
jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council
hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions,
sentences, clauses, phrases or portions thereof be declared
invalid or unconstitutional.
SECTION IV. The City Clerk is hereby authorized
and directed to certify as to the passage of this Ordinance
and to give notice thereof by causing copies of this
Ordinance to be posted in three public places throughout the
City.
FIRST READ at a regular meeting of the City Council
of said City held on the 12th day of February
1990 and finally adopted and da d
order posted at a regular
meeting held on the y Fe ru ,
1990.
MAYO OF THE CI OF CYPRESS
ATTEST:
1
L ,die CAS
CITY CLERK OF THE C TY OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at a regular
meeting of the said City Council held on the 26th day of February
1990; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Arnold, Bowman, Kerry and Kanel
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS: Age
CITY CLERK 0 THE CI7( OF CYPRESS