HomeMy WebLinkAboutOrdinance 3203 - Amending MC Chapter 17.72 Regarding CovenanREQUEST FOR CITY COUNCIL ACTION
Date: July 19, 1993
Submitted to: Honorable Mayor and City Council
Submitted by: Michael T. Uberuaga, City Administr
Prepared by: 'Louis F. Sandoval, Director of Public Works
Mike Adams, Director of Community Development
Subject: AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING ARTICLE 17 OF THE HUNTINGTON BEACH
MUNICIPAL CODE BY ADDING CHAPTER 17.72 REGARDING
COVENANTS OF EASEMENT
Consistent with Council Policy? [X] Yes
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Statement of Issue, Recommended Action, Analysis, Funding Source, Alternative action, Attachments:
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STATEMENT OF ISSUE:
An enabling ordinance for covenants of easement is proposed.
RECOMMENDED ACTION:
Adopt the attached enabling ordinance amending Article 17 of the Huntington Beach Municipal
Code by adding Chapter 17.72 relating to covenants of easements.
ANALYSIS:
There is presently no convenient mechanism for creation of private easements which are often
needed to satisfy conditions of approval for development projects. The proposed enabling
ordinance will allow developers to use the "covenant of easement" mechanism which is provided
for in the Cal Government Code Section 65870 et seq. This mechanism involves less complicated
documents than are presently required, and it will simplify the development process.
Since it is not possible for an individual to deed property rights to himself or herself, it is not
presently possible for private easements to be created by a developer until a portion of the
developed property is sold. The proposed ordinance will allow easements to be created before
parcels of a development project are sold, and will allow City Staff to verify that conditions of
approval for development projects, relating to needed easements, have been satisfied before
building permits are issued or before recordation of a subdivision map.
Request for City Council Action
Covenants of Easement Ordinance
July 19,1993
Page 2
The fiscal impact of this ordinance will be a minimal reduction in staff time involved in reviewing
documents and verifying conditions of approval. There will be a cost savings for developers due
to the simplification of legal documents needed to create easements and a simplified development
process.
FUNDING SOURCE:
No cost to City
ALTERNATIVE ACTION:
Deny approval of the proposed enabling ordinance.
ATTACHMENTS:
1. Proposed Ordinance
LFS:REE:SWM:BPC:bpc
BARCACO V.EST
ORDINANCE NO. 3203
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
TO ADD NEW CHAPTER 17.72 THEREOF IMPLEMENTING
CALIFORNIA GOVERNMENT CODE SECTIONS 65870 ET SEQ.
REGARDING COVENANTS OF EASEMENT
WHEREAS, the City of Huntington Beach desires to implement
California Government Code Section 65870 et seq. regarding
Covenants of Easement; and
The City Council desires to amend the Huntington Beach
Municipal Code to provide for the use of such covenants,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does hereby ordain as follows:
1. That the Huntington Beach Municipal Code is hereby
amended to add new Chapter 17.72 to read as follows:
Chapter 17.72
COVENANTS OF EASEMENT
Sections•
17.72.010 Purpose
17.72.020 Creation; types of easements
17.72.030 Effect
17.72.040 Enforcement
17.72.050 Recording; contents
17.72.060 Public hearing on release of covenant
17.72.070 Fees
17.72.080 Standing to enforce or challenge
17.72.010 Purpose. The purpose of this Chapter is to
implement California Government Code Sections 65870-65875,
inclusive, regarding the creation of easements through the
execution and recordation of covenants.
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-1-
17.72.020 Creation; types of easements. In addition to any
other method for the creation,of an easement, an easement may be
created by a recorded covenant of easement made by an owner of
real property to the city. An easement created pursuant to this
chapter may be for parking, ingress, egress, emergency access,
light and air access, landscaping, or open -space purposes.
17.72.030 Effect. At the time of recording of the covenant of
easement, all the real 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
Division 2, Part 2, Title 2, Chapter.3, Section 801 et seq. of
the California Civil Code, except that it shall not merge into
any other interest in the real property. Section 1104 of the
California Civil Code shall be applicable to conveyance of the
affected real property.
17.72.040 Enforcement. A covenant executed pursuant to this
Chapter shall be enforceable by the successors in interest to
the real property benefitted by the covenant.
17.72.050 Recording; contents. A covenant of easement recorded
pursuant to this Chapter shall describe the real property to be
subject to the easement and the real property to be benefitted
thereby. The covenant of easement shall also identify the
approval, permit, or designation granted which relied upon or
required the covenant. The covenant of easement shall be
recorded in the county where all or a portion of the restricted
property is located and shall contain a legal description of the
real property and be executed by the owner of the real
property. 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 this state. 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.
17.72.060 Public hearing on release of covenant. Upon written
request from any person, whether or not that person has title to
the real property, the City Council shall hold a public hearing
regarding the release of a covenant of easement recorded
pursuant to this Chapter. The covenant of easement may be
released upon a determination by the City Council that the
restriction of the property is no longer necessary to achieve
the land use goals of the City. Said determination shall be
made based upon a preponderance of the evidence presented at the
public hearing. If the City Council so determines, a release
shall be recorded by the City in the official records of the
County of Orange within thirty (30) days following the public
hearing.
17.72.070 Fees. The City Council. may adopt by resolution a fee
to recover the reasonable cost of processing the release of the
covenant from those persons requesting the release pursuant to
Section 17.72.050.
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3203
17,72.080 Standing to enforce or challenge. Nothing in this
Chapter shall create in any person other than the City and the
owner of the real property burdened or benefitted by the
covenant standing to enforce or to challenge the covenant or any
amendment thereto or release therefrom.
PASSED AND ADOPTED by the City Council of the City of Huntington
Beach at a regular meeting thereof held on the 7th day
of September , 1993.
ATTEST:
4m� A�e_�
City Clerk
Mayor
APPROVED AS TO FORM:
City Attorney
INITIATED AND APPROVED:
n
Director ofl Public Works
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,,rd. No. 3203
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of members of the City Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the 16th day of August
19 93 and was again read to said City Council at a regular
meeting therof held on the 7th day of September 19 93 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council.
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Sullivan
444�
City Clerk and ex-officio erk
of the City Council of the City
of Huntington Beach, California