The method of creation of easements authorized by this chapter shall be in addition to any other method allowed by law.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
An easement may be created pursuant to this article by a recorded covenant of easement made by an owner of real property to the City of Emeryville, in accordance with the procedures set forth in this chapter.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
An easement created pursuant to this chapter may be for one (1) or more of the following purposes:
(a)
Parking.
(b)
Ingress and egress.
(c)
Emergency access.
(d)
Light and air access.
(e)
Landscaping.
(f)
Open space.
(g)
Access to and/or operation and maintenance of a stormwater treatment measure.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
At the time of recording of the covenant of easement, all the real property benefited or burdened under it shall be in common ownership.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
A covenant of easement recorded pursuant to this article shall be executed by the owner of the burdened property and shall include all of the following:
(a)
A legal description of the real property to be subject to the easement.
(b)
A legal description of the real property to be benefited by the easement.
(c)
Identification of the City approval, permit or designation which was granted in reliance upon recordation of the covenant or for which recordation of the covenant is or was a requirement.
(d)
A description of the purpose(s) of the easement.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The City Manager may accept a covenant of easement as described in this chapter on behalf of the City of Emeryville when such an easement, required as a condition of a land use approval, permit or designation pursuant to Title 8 (Building Regulations) or this title, is first approved by the City Attorney.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The covenant of easement shall be recorded in the Alameda County Recorder's Office. A copy of the recorded document shall be provided to the City Manager, City Clerk, Planning and Building Director and Chief Building Official.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a)
The covenant of easement shall be effective when recorded and shall act as an easement pursuant to California Civil Code Title 2, Part 2, Division 2, Chapter 3 (commencing with Section 801), except that it shall not merge into any other interest in the real property.
(b)
From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording laws of the State of California.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Upon recordation, the burdens of the covenant shall be binding upon, and the benefits shall inure to, all successors in interest to the affected real property. Nothing in this article shall create in any person other than the City of Emeryville and the owner of real property benefited or burdened by the covenant standing to enforce or to challenge the covenant or any amendment to it or release from it.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Pursuant to and in accordance with the provisions hereinafter set forth in this article, the Planning Commission, and the City Council on appeal from a decision of the Planning Commission, may approve and authorize recordation of a release of a covenant of easement.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
A petition for release of a covenant of easement may be made by any person whether or not that person has title to the real property, and shall be filed in writing with the Director of Planning and Building on a form furnished by the Director. The form of the petition and the information required to be set forth in them shall be prescribed by the Director. The Director shall not accept any such petition for filing unless:
(a)
All information and data is set forth and shown as required by the form;
(b)
The petition is verified by the party making the petition; and
(c)
The applicable filing fee has been paid.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The fee for filing a petition for release of a covenant of easement pursuant to this article shall be as set forth in the Master Fee Schedule.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a)
Upon filing of such petition, payment of filing fees, and acceptance of such petition as complete by the Planning and Building Director, the Director shall set a date for the public hearing by the Planning Commission. The date of hearing shall be not less than twenty (20) nor more than sixty (60) days after the date the application was accepted as complete by the Director. Notice shall be provided in accordance with Section 9-7.202.
(b)
The Director shall provide a report and recommendation to the Planning Commission. In addition, the Director shall file with the Planning Commission at its hearing all relevant papers, documents, and exhibits. Within forty-five (45) days after the Planning Commission has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The Planning Commission may decide to grant the petition, conditionally grant the petition or deny the petition.
(c)
The decision of the Planning Commission shall be final on the date of adoption of a resolution setting forth its findings and decision; provided, however, that if a written notice of appeal is accepted for filing by the Director as provided in Section 9-6.814, within the fifteen (15) day period, the decision of the Planning Commission shall not be final, and it shall be of no force or effect.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Any action taken by the Planning Commission under this article may be appealed to the City Council by filing with the Planning and Building Director a written notice of appeal within fifteen (15) days after the date the Planning Commission adopts a resolution setting forth its findings and decision, as provided in Section 9-6.813. The applicant, or any person, may file such a notice of appeal. The notice of appeal shall be filed with the Director and shall contain a statement of the facts upon which the appeal is based and the relief requested in sufficient detail to enable the City Council to understand the nature of the controversy and the parties concerned. When such notice of appeal has been accepted by the Director for filing:
(a)
The Director shall, within ten (10) days, file with the City Clerk a copy of the application and the notice of appeal.
(b)
The City Council shall hold at least one (1) public hearing on the matter. The hearing of the City Council shall be de novo. The City Clerk shall set the date of the first public hearing by the City Council, which date shall not be less than twenty (20) nor more than sixty (60) days after the date on which the copy of the application and the notice of appeal were filed with the City Clerk. Within forty-five (45) days after the City Council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter.
(c)
The decision of the City Council shall be final. The City Clerk shall mail a certified copy of the decision of the City Council to the applicant and the appellant at the addresses shown for such purpose on the application and notice of appeal.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
The Planning Commission or the City Council, on appeal, may grant the petition for release of the covenant of easement only upon a finding that the restriction of the property is no longer necessary to achieve the land use goals of the City.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
Within fifteen (15) days after the action of the Planning Commission or the City Council in granting a petition for release has become final, the Director shall cause the release to be recorded in the Alameda County Recorder's Office, and a copy of the recorded document shall be provided to the applicant and the City Manager, City Clerk, Planning and Building Director and Chief Building Official.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)