This title is adopted to supplement and implement the Subdivision Map Act and may be cited as the subdivision ordinance.
(Ord. 9417 § 2, 1975)
Words used in this title that are defined in the Subdivision Map Act but not specifically defined in this chapter shall have the same meaning as is given to them in the Subdivision Map Act. Whenever the following words are used in this title, they shall have the meaning ascribed to them in this section:
means a plat prepared pursuant to Chapter 20.36 of this title and certified by the City Engineer as having been approved pursuant to this title and filed in the office of the City Engineer.
means a device upon which any person may ride, propelled by human power through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrangement.
means the generic term for all facilities that explicitly provide for bicycle travel by a course which is to be traveled.
means electronic cable, conduit and any other appurtenances thereto which distribute television or other electronic signals.
means a document describing a unit or contiguous units of real property and stating that the division thereof complies with applicable provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto.
means the City Engineer or designee, who is the Deputy City Engineer, land development engineering.
means those standards and specifications, including standard drawings, as may be adopted from time to time by the City Engineer. These standards are to be on file in the office of the City Clerk and in the engineering department.
means a document describing a unit or contiguous units of real property and stating that the fulfillment and implementation of the conditions set forth therein are required prior to subsequent issuance of a building or grading permit applicable thereto.
means any permit, entitlement or approval required pursuant to Title 20 or 21 of this code, or pursuant to any applicable master, specific, or redevelopment plan.
means a map prepared pursuant to Chapter 20.20 of this title and the Subdivision Map Act which, after approval and recordation, is effective to complete the subdivision of a major subdivision.
means:
Such street work and utilities, including ornamental street lights and walkways to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, highways, ways, bicycle routes and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, drainage, flood control, fire protection and sanitation needs as a condition precedent to the approval of a parcel map or final map;
Any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the City Council or by a combination thereof, is necessary to ensure conformity to or implementation of the general plan, any specific plan, any applicable local coastal plan or any applicable master plan adopted according to this title.
shall have the same definition as specified by Section 21.04.230 of this code.
means a subdivision of five or more lots.
means a subdivision of four or fewer lots.
means a recorded document describing a unit or contiguous units of real property, naming the owners thereof, and describing the manner in which the real property has been divided, or has resulted from a division in violation of the Subdivision Map Act and city ordinances enacted pursuant thereto.
means a map prepared pursuant to Chapter 20.32 of this title and the Subdivision Map Act which, after approval and recordation, is effective to effect the subdivision of a minor subdivision.
means a state highway, county or city road or street, public road, street, alley or thoroughfare.
means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself/herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."
means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project as defined in Section 4100 of the California Civil Code, a community apartment project, as defined in Section 4105 of the California Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 4190 of the California Civil Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.
means a map prepared for the purpose of showing the design and improvement of a proposed major subdivision, and the existing conditions in and around it, filed with the City Planner precedent to the preparation and filing of a final map, and may, but need not be, based upon an accurate and detailed final survey of the property.
means a map prepared for the purpose of showing the design and improvement of a proposed minor subdivision, and the existing conditions in and around it, filed with the City Planner for approval or conditional approval prior to the preparation and filing of a parcel map or prior to waiver of the requirement for a parcel map, and may, but need not be, based upon an accurate and detailed final survey of the property.
means a lot having frontage on two parallel or approximately parallel streets.
means a tentative map for a subdivision which conforms to the requirements of Chapter 20.17 and confers upon the subdivider certain rights established by this title. "Vesting tentative parcel map" means a vesting tentative map prepared in conjunction with a parcel map.
(Ord. 9417 § 2, 1975; Ord. 9521 §§ 1, 2, 1979; Ord. 9602 § 1, 1981; Ord. 9626 § 1, 1982; Ord. 9760 § 5, 1985; Ord. 9788 § 1, 1985; Ord. 9830 § 1, 1987; Ord. NS-813 § 1, 2006; Ord. CS-155 § 1, 2011; Ord. CS-192 § 2, 2012; Ord. CS-241 § 1, 2014; Ord. CS-389 § 10, 2021)
No person shall create a subdivision except in accordance with the provisions of the Subdivision Map Act and this title.
(Ord. 9417 § 2, 1975)
A.
Except as otherwise expressly provided in this title, all of the provisions of the Subdivision Map Act, which apply to subdivisions as defined in that act and all of the provisions of this title, apply to subdivisions as defined in this title.
B.
This title shall be inapplicable to:
1.
The financing or leasing of:
a.
Apartments, offices, stores or similar space within a duplex, multiple dwelling, apartment building, industrial building, commercial building, mobile home park or trailer park;
b.
Any parcel of land or portion thereof in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other provisions of this code regulating design and improvement;
c.
Existing separate commercial or industrial buildings on a single parcel.
2.
The construction, financing or leasing of dwelling units and accessory dwelling units pursuant to the California Government Code Chapter on Accessory Dwelling Units (California Government Code Section 66310 et seq.), as amended from time to time. This title shall be applicable to the sale or transfer of those units.
3.
Mineral, oil or gas leases.
4.
Land dedicated for cemetery purposes under the Health and Safety Code of the state.
5.
A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, provided an adjustment plat pursuant to Chapter 20.36 of this title for the lot line adjustment is approved by the City Planner.
6.
Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party.
8.
The conversion of a community apartment project, as defined in Section 4105 of the California Civil Code or a stock cooperative, as defined in Section 4190 of the California Civil Code, to a condominium project, as defined in Section 4125 of the California Civil Code, provided that the requirements of California Government Code Section 66412(g) or (h), respectively, have been met and the subdivider provides certification that the requirements have been met.
9.
The leasing of, or the granting of an easement to, a parcel of land or any part thereof, in conjunction with the financing, erection, and sale or lease of any wind powered electrical generating device on the land, if the project is subject to discretionary action pursuant to this code.
10.
The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action pursuant to this code.
11.
The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review pursuant to other provisions of this code that regulate design and improvement or, if the project is subject to discretionary action pursuant to this code.
12.
The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces overall emissions of greenhouse gases from agricultural operations on the land, if the project is subject to review pursuant to other provisions of this code regulating design and improvement or if the project is subject to discretionary action pursuant to this code.
13.
Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural purposes" means the cultivation of food or fiber, or the grazing or pasturing of livestock.
14.
Leases of agriculturally zoned land to nonprofit organizations for the purpose of operating an agricultural labor housing project on the property if all of the following conditions apply:
(Ord. 9417 § 2, 1975; Ord. 9521 § 3, 1979; Ord. 9602 § 2, 1981; Ord. 9626 § 2, 1982; Ord. 9680 § 1, 1983; Ord. 9760 § 6, 1985; Ord. NS-813 § 2, 2006; Ord. CS-192 § 3, 2012; Ord. CS-241 § 2, 2014; Ord. CS-324 § 2, 2017; Ord. CS-507, 2/3/2026)
A.
No real property, improved or unimproved, consisting of a single unit or two or more contiguous units and owned by the same person or persons shall be divided into two or more lots, including any lot retained by the owner, except in accordance with the provisions of this title.
B.
No parcel may be subdivided if it was illegally created unless, as part of the division, the illegality is eliminated. If such elimination is not possible, a notice of violation with respect to the parcel shall be recorded. In no event shall a subdivision be permitted unless the entire legal parcel is subdivided when the owner of any portion of the illegal parcel is the person who owned the property at the time of the illegal subdivision.
(Ord. 9417 § 2, 1975; Ord. 9602 § 3, 1981)
A.
This title shall not apply to the sale, lease or financing of one or more contiguous parcels or units of land which have been created under the provisions of city ordinances regulating the division of real property and the Subdivision Map Act applicable at the time of their creation, or which were not subject to such provisions at the time of their creation, even though the contiguous parcels or units are held by the same owner; except that if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development under the zoning ordinance of the city and the standards established by subsection C of this section, then those parcels or units shall be merged.
B.
Any parcels or units created prior to January 1, 1979, pursuant to this title or any predecessor, or which are buildable lots as defined by Section 21.46.210 of the zoning ordinance of the city and which merged pursuant to the Subdivision Map Act and have not been deemed merged pursuant to this section or any of its predecessors, are exempted from the merger provisions of this section and those parcels or units shall be deemed unmerged and separate parcels, except that any parcels which merged under the provisions of this title after January 1, 1979 shall remain merged if the provisions of subsection F of this section are met. Further, any parcels or units which do not conform to the standards established by subsection C of this section shall be merged.
C.
Contiguous parcels or units of land held by the same owner, on the date that notice of intention to determine status is filed, shall be merged if one of the parcels or units does not conform to the minimum parcel size to permit use or development under Title 21 of this code and if all of the following requirements are satisfied:
1.
At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
2.
With respect to any affected parcel, one or more of the following conditions exists:
a.
Comprises less than 5,000 square feet in area at the time of the determination of merger;
b.
Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
c.
Does not meet current standards for sewage disposal and domestic water supply;
d.
Does not meet slope stability standards;
e.
Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
f.
Its development would create health or safety hazards;
g.
Is consistent with the applicable general plan and any applicable specific plan, other than minimum lot size or density standards.
3.
Paragraph 2 of this subsection shall not apply if one of the following conditions exist:
a.
On or before July 1, 1981, one or more of the contiguous parcels or units of land is enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation Code.
b.
On July 1, 1981, one or more of the contiguous parcels or units of land is timberland as defined in subdivision (f) of Section 51104, or is land devoted to an agricultural use as defined in subdivision (b) of Section 51201.
c.
On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of the site on which an existing commercial mineral resource extraction use is being made, whether or not the extraction is being made pursuant to a use permit issued by the local agency.
d.
On July 1, 1981, one or more of the contiguous parcels or units of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a plan for which a use permit or other permit authorizing commercial mineral resource extraction has been issued by the local agency.
e.
Within the coastal zone, as defined in Section 30103 of the Public Resources Code, one or more of the contiguous parcels or units of land has, prior to July 1, 1981, been identified or designated as being of insufficient size to support residential development and where the identification or designation has either: (i) been included in the land use plan portion of a local coastal program prepared and adopted pursuant to the California Coastal Act of 1976 (Division 20 of the Public Resources Code), or (ii) prior to the adoption of a land use plan, been made by formal action of the California Coastal Commission pursuant to the provisions of the California Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan work program or an approved issue identification on which the preparation of a land use plan pursuant to the provisions of the California Coastal Act is based. For purposes of paragraphs (3)(c) and (d) of this subsection, "mineral resource extraction" means gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial mining activity.
D.
Whenever the City Engineer has knowledge that real property has merged pursuant to this section, the City Engineer shall mail by certified mail to the current record owner of the property a notice of intention to determine status. The notice of intention shall state: that the affected parcels may be merged pursuant to this section; that the owner may request, within 30 days from the date the notice of intention was recorded, a hearing before the City Engineer to present evidence that the property does not meet the standards for merger; and that the notice of intention was recorded with the County Recorder on the date the notice of intention was mailed. Upon receipt of a request for a hearing, the City Engineer shall set the hearing for a date not less than 30 days or more than 60 days from the date of receipt of the request. The property owner shall be notified of the hearing by certified mail. After the hearing, the City Engineer shall determine whether the affected property has merged pursuant to this section. The decision shall be made and notification of the decision shall be mailed to the property owner within five working days of the date of the hearing. If the parcels have merged, the City Engineer shall file a notice of merger with the County Recorder within 30 days from the date of the hearing unless the decision has been appealed as provided in subsection E of this section. The notice of merger shall specify the name or names of the record owner or owners and shall particularly describe the real property. If the parcels have not merged, the City Engineer shall record a release of the notice of intention within 30 days from the date of the decision, and shall mail a copy of the release to the owner. If no hearing is requested, the decision shall be made not later than 90 days after the mailing of the notice of the opportunity for a hearing. A hearing on the determination of status may be postponed or continued upon the mutual consent of the City Engineer and the property owner.
E.
If the owner requested a hearing, the decision of the City Engineer may be appealed to the City Council within 10 calendar days of the date of mailing the notice of decision by filing a written appeal with the City Clerk. A fee established by City Council resolution shall be paid at the time of filing the appeal. Upon receipt of an appeal and payment of the fee, the City Clerk shall place the matter on the council agenda not less than 30 nor more than 60 days from the date of the appeal. If after a hearing the council grants the appeal, the City Clerk shall record within 30 days with the court recorder a release of the notice of intention. If the appeal is denied, the City Clerk shall within 30 days record a notice of merger with the County Recorder. A copy of either the release or the notice of merger shall be sent to the owners.
F.
For purposes of this section, when determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded.
(Ord. 9521 § 4, 1979; Ord. 9602 § 4, 1981; Ord. 9723 § 1, 1984; Ord. 9806 § 1, 1986; Ord. NS-813 § 3, 2006)
Any parcel or unit of land which merged pursuant to the provisions of any law prior to January 1, 1984 but for which a notice of merge was not recorded on or before that date are deemed unmerged, if on January 1, 1984 all of the criteria established by Section 66451.30(a) of the Subdivision Map Act are met, and if none of the conditions of Section 66451.30(b) exist. Upon request of an owner the City Engineer shall file a certificate of compliance whenever the engineer determines that a parcel is unmerged pursuant to this section.
(Ord. 9723 § 2, 1984)
B.
Upon determination that property has merged, the City Engineer shall issue to the owner and record with the County Recorder a notice of merger.
C.
Upon determination that property is deemed unmerged the City Engineer shall issue to the owner and record with the County Recorder a certificate of compliance showing each parcel as a separate parcel.
(Ord. 9723 § 3, 1984)
A.
All tentative maps and tentative parcel maps shall be subject to environmental review in accordance with Title 19 of this code and the rules and procedures adopted by the City Council pursuant to the California Environmental Quality Act of 1970. Consequently, unless exempt from CEQA decisions to approve, conditionally approve or deny any tentative map or tentative parcel map shall be subject to the following:
1.
Tentative Maps.
a.
Negative Declaration. Upon receipt of a negative declaration with respect to any tentative map, the decision-making authority may proceed to consider the tentative map without an environmental impact report.
b.
Environmental Impact Report. With respect to any tentative map for which an environmental impact report is required, the decision-making authority shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the tentative map.
2.
Tentative Parcel Maps.
a.
Negative Declaration. Upon receipt of a negative declaration with respect to any tentative parcel map, the decision-making authority may proceed to consider the tentative parcel map without an environmental impact report.
b.
Environmental Impact Report. With respect to any tentative parcel map for which an environmental impact report is required, the decision-making authority shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the tentative parcel map.
(Ord. 9417 § 2, 1975; Ord. 9521 § 6, 1979; Ord. CS-192 § 4, 2012)
A.
A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings, shall be submitted to the appropriate official or body for every subdivision.
B.
A preliminary soils report may be waived by the City Engineer providing the City Engineer finds that, due to the knowledge the city has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.
C.
The preliminary soils report may be submitted to the City Planner and forwarded to the City Engineer for review. The City Engineer may require additional information or reject the report if it is found to be incomplete, inaccurate, or unsatisfactory.
D.
If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the City Engineer.
E.
If the preliminary soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate, a soils investigation of each potentially affected lot in the subdivision may be required.
F.
Any soils investigation required pursuant to this section shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where the soils problem exists.
G.
The decision-making authority may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.
(Ord. 9417 § 2, 1975; Ord. 9602 § 5, 1981; Ord. NS-813 § 4, 2006; Ord. CS-192 § 4, 2012)
A.
As a condition of approval of a final or parcel map, the subdivider shall reserve sites appropriate in area and location for parks, recreational facilities, fire stations, libraries or other public uses according to the procedural standards and formula contained in this section.
B.
If a park, recreational facility, fire station, library or other public facility or use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element or a public building element, the subdivider may be required to reserve sites as so determined by the city in accordance with the definite principles and standards contained in the specific plan or general plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.
C.
The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map or parcel map, enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement.
D.
The purchase price shall be the market value thereof at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area.
E.
If the public agency for whose benefit an area has been reserved does not enter into such a binding agreement, the reservation of such area shall automatically terminate.
(Ord. 9417 § 2, 1975)
A.
Corrections and amendments to final and parcel maps may be accomplished as set forth in Sections 66469 through 66472 of the Subdivision Map Act to the extent provided for therein.
B.
Changes in any lot line, parcel line or subdivision boundary line may only be accomplished by recording an approved parcel map or adjustment plat to the extent provided for in this title.
C.
Any other change to a final or parcel map must be accomplished by processing a new tentative map or tentative parcel map.
(Ord. 9521 § 6, 1979)
Whenever security is filed with the Board of Supervisors or the clerk thereof, pursuant to Section 66493 of the Subdivision Map Act, to secure the payment of taxes or special assessments collected as taxes, which are a lien on the property to be subdivided, but not yet payable, the clerk of the Board of Supervisors, upon notification by the tax collector that the total amount of said taxes or special assessments have been paid in full, may release said security.
(Ord. 9521 § 6, 1979)
A.
When a subdivision, as defined in Section 20.04.020, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. Alternatively, the subdivider may omit entirely that portion of any unit of improved or unimproved land which is not divided for the purpose of sale, lease, or financing.
If the subdivider elects to designate a remainder or omit entirely that portion, the following requirements shall apply:
1.
The designated remainder or omitted portion shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required.
2.
The fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a permit or other grant of approval for development of the remainder or omitted parcel is issued. Fulfillment of the construction requirements, including the payment of fees associated with any deferred improvements, within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel may be required upon a finding by the decision-making authority that fulfillment of the construction requirements is necessary for reasons of:
B.
A designated remainder or any omitted parcel is required to obtain a certificate of compliance or conditional certificate of compliance pursuant to the provisions of Chapter 20.48 of this code prior to any further development or sale of the parcel.
Prior to the issuance of a certificate of compliance or conditional certificate of compliance, the City Engineer shall make a determination under Section 20.16.040(H) of this code whether improvements should be required for the designated remainder or omitted parcel. The improvement requirements may be imposed as a condition of the certificate of compliance. For the purposes of this title, a parcel designated as "not a part" shall be deemed to be a designated remainder parcel.
(Ord. 9549 § 1, 1980; Ord. 9806 § 2, 1986; Ord. NS-813 § 5, 2006; Ord. CS-192 § 5, 2012)
In making decisions pursuant to this title, the decision-making authority shall consider the effect of that decision on the housing needs of the region and balance those needs against the public service needs of its residents and available fiscal and environmental resources.
(Ord. 9549 § 1, 1980; Ord. CS-192 § 5, 2012)
A.
Whenever under the provisions of Titles 18, 20 or 21 of this code an easement is necessary or required for parking, ingress, egress, emergency access, light and air access, landscaping, drainage, private utilities, sewer/storm drain access or open space purposes, the easement may be created by a covenant pursuant to this section.
B.
At the time of recording of the covenant of easement all the property benefited or burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property. The covenant of easement shall describe the real property subject to the easement and the real property benefited by the easement. The covenant of easement shall also identify the approval permit or designation granted which relied upon or required the covenant.
C.
A covenant of easement shall be enforceable by the owner of the real property benefited by the covenant, and by the successors in interest to the real property benefited by the covenant. The covenant of easement shall be recorded in the office of the County Recorder. Upon recordation, the burdens of the covenant shall be binding upon and the benefits of the covenant shall inure to all successors in interest to the real property.
D.
The covenant of easement may be released upon the application of any person upon approval or conditional approval by the City Engineer. An application for release of a covenant shall be accompanied by a fee in an amount designated by City Council resolution. A request for release of a covenant of easement may be consolidated with any other application for discretionary approval under this code.
(Ord. 9803 § 1, 1986; Ord. NS-813 § 6, 2006; Ord. CS-164 § 10, 2011; Ord. CS-192 § 5, 2012)