Chapter 10.16 — COVENANTS FOR EASEMENTS

Pursuant to California Government Code Sections 65870 through 65875, easements can be created by a recorded covenant of easement made by an owner of real property to the City. Such a covenant may be for parking, ingress, egress, emergency access, light and air access, landscaping or open space purposes and shall be established as follows:

A.

At the time of recording of the covenant, all the real property benefitted 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 California 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.

B.

The covenant upon recordation shall describe the real property to be subject to the easement and the real property to be benefitted thereby. It shall also identify the approval, permit or designation granted which relied upon or required the covenant.

C.

The successors of interest to the real property benefitted by the covenant can enforce the covenant.

D.

The covenant 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.

E.

Upon recordation, the burdens of the covenant shall be binding upon, and the benefits of the covenant shall inure to all successors in interest in the real property.

The procedure for release of a covenant granted pursuant to Section 10.16.010, shall be as follows:

A.

Upon application by any person whether or not that person is the real property owner, the City Council shall hold a public hearing regarding the release of the covenant.

B.

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, a release shall be recorded by the City in the county where the restricted property is located.

C.

The City may recover the reasonable costs of processing the release from those persons requesting the release pursuant to this Section.

The fee for filing a petition for release of a covenant of easement pursuant to this Chapter shall be as set forth in the schedule of fees established by resolution of the Council.

Nothing in this Chapter shall create in any other 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. In addition, any other method for the creation of an easement, including through conveyance of real property or through express or implied dedication, is still valid.

Chapter 10.17 - OUTDOOR ILLUMINATION

Sections:

It is the intent of this Chapter to establish regulations for the private outdoor illumination of improved property within the City of Monte Sereno in order to permit the reasonable enjoyment of private property in accordance with the general plan of the City of Monte Sereno without adverse impact on the environment or public health, safety and/or welfare because of excessive glare impairment of natural scenic beauty and establishment of hazardous conditions. All private outdoor illumination regularly used on any private improved property within the City of Monte Sereno should be installed and maintained so that bare bulbs, and bulbs with lenses and/or shielding will not glare in such a way as to cause undue annoyance to the occupants of contiguous or neighboring properties, nor undue interference with their comfortable enjoyment and use of their properties.

(Ord. 121 § 2 (part), 2000)

A.

"Bulb" means the glass or glassy envelope surrounding the hot filament or other material or assembly that is the source of light.

B.

"Lens" means the transparent covering over the bulb that serves to direct or diffuse the light.

C.

"Shielding" means the deflecting or diffusing of light coming from the bulb to direct or block the rays of the light.

(Ord. 121 § 2 (part), 2000)

10.17.030 - Regulations for lighting facilities.

A.

It shall be unlawful for any person, other than personnel of government agencies having jurisdiction, to install, use, or maintain any lighting facilities within the City of Monte Sereno which facilities create an intensity of light greater than one (1) foot candle above the ambient light on any contiguous or neighboring residential property or public right-of-way within the City.

B.

All permitted lighting shall be arranged to be directed onto the property from which the light originates and its improvements including trees, plants and shrubbery and not to shine upon or directly reflect upon contiguous or neighboring residential property.

C.

High and low pressure sodium and mercury vapor lights are prohibited. This prohibition also applies to any lighting that is permitted under Section 10.17.040 of this Chapter.

(Ord. 125 § 1, 2001; Ord. 121 § 2 (part), 2000)

The following lighting shall be permitted as a matter of right:

A.

One (1) or two (2) post lights per entrance, but not exceeding four (4) aggregate post lights if more than one (1) entrance exists, installed at the place where private roads on the property exist off the public rights-ofway, provided: (i) bulb heights shall not exceed eight (8) feet above ground level; and (ii) no bulb shall have greater illumination than a seventy-five (75) watt incandescent bulb without a reflector.

B.

Unshielded bulbs commonly called "porch lights" installed at heights no greater than seven (7) feet above the floor of the doorway on or near the front, rear, side or garage doors of residences and enclosed outbuildings, provided that the illumination of each bulb shall not exceed a seventy-five (75) watt incandescent bulb.

C.

Lighting for the public benefit and safety which is installed as directed or approved by a governmental agency having jurisdiction and for which a special permit has been issued by the City.

D.

Temporary emergency lighting to be used for a period not to exceed four (4) days. Any use which is longer than four (4) days requires a special permit from the City.

E.

Emergency outdoor lighting for safety or security reasons, provided that the lighting shall not be turned on for periods in excess of ten (10) minutes.

(Ord. 140 § 1, 2003; Ord. 125 § 2, 2001: Ord. 121 § 2 (part), 2000)

(Ord. NS-210, § 3, 3-21-2017)

Light posts or entry columns constructed and used prior to the effective date of this Section shall continue to be permitted as legal nonconforming structures in accordance with Chapter 10.07. Architectural elements may be added to light posts or entry columns constructed and used prior to the effective date of this Section in accordance with Subsection 10.08.040.G. The addition of an architectural element shall not be considered an expansion or enlargement of a nonconforming structure. Nothing contained herein shall be deemed to affect the right of the City to abate a public nuisance should the City find one to exist as a result of excessive, unsafe or careless use of lighting that is injurious to the surrounding neighbors or the public generally.

(Ord. 125 § 3, 2001: Ord. 121 § 2 (part), 2000)

(Ord. NS-178, § 7, 7-19-2011)

Chapter 10.18 - SPORTS COURTS

Sections:

It is the intent of this Chapter to establish regulations for the construction and use of sports courts within the City of Monte Sereno in order to permit the reasonable enjoyment of private property without adverse impact on the environment or the public health, safety or welfare because of excessive and annoying noise and glare, impairment of natural scenic beauty and hazardous construction.

(Ord. 121 § 3 (part), 2000)

A sports court is any nonenclosed structure or improvement which exceeds three thousand (3,000) square feet in size built for the purpose of and upon which any form of athletic activity requiring skill or physical

prowess is carried on or conducted in the out-of-doors including, but not limited to, basketball, lawn tennis, squash racquets, squash tennis and tennis.

(Ord. 121 § 3 (part), 2000)

A use permit shall be secured as provided for in Chapter 10.10 of this Code for the installation or construction or maintenance of any sports court. Any use permit granted for a sports court shall be for the sole use and enjoyment of the owner thereof, or his resident tenant, and their guests, and not for any commercial purpose.

(Ord. 121 § 3 (part), 2000)

All sports courts shall comply with each of the following requirements:

A.

A building permit shall be obtained for any wall, fence, enclosure or other structure regulated by the Uniform Building Code and/or applicable requirements of Title 9 of this Code.

B.

Grading for the sports court shall not exceed one thousand (1,000) cubic yards combined cut and fill and any grading in excess of fifty (50) cubic yards shall require a grading permit from the City.

C.

No fence or other enclosure of the sports court shall be higher than ten (10) feet and enclosures in excess of six (6) feet in height shall be constructed of galvanized or dark plastic-coated wire fabric. All sports courts shall be screened from view by suitable landscaping.

D.

All sports courts shall comply with the standard setback provisions for main dwelling units in the zoning district in which they are located.

(Ord. 121 § 3 (part), 2000)

No sports court shall be artificially lighted.

(Ord. 121 § 3 (part), 2000)

Any sports court already constructed on January 7, 1977, may continue to be used without further regulation except that it cannot be used for any commercial purpose.

(Ord. 121 § 3 (part), 2000)

Any structure set up, erected, built, moved or maintained and/or any use of property contrary to the provisions of this Chapter shall be, and the same is hereby declared to be unlawful and a public nuisance. The City Attorney shall immediately commence an action or actions, a proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law and shall take such other steps as needed and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such structures or use and restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any such structures or using any property contrary to the provisions of this Chapter.

(Ord. 121 § 3 (part), 2000)