Chapter 20.110

OTHER PROCEDURES

Parts:

• 1 Easements

• 2 Williamson Act Contracts - Cancellation

Part 1

An easement created pursuant to this part may be for one 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.

EASEMENTS

Sections:

20.110.010 General provisions. 20.110.020 Creation of easement. 20.110.030 Purposes of easement. 20.110.040 Common ownership. 20.110.050 Contents of covenant. 20.110.060 Acceptance by director. 20.110.070 Recordation. 20.110.080 When effective.

20.110.090 Enforceability. 20.110.100 Release of covenant. 20.110.110 Petition for release.

20.110.120 Fees.

20.110.130 Hearing by planning commission.

20.110.140 Appeal to city council. 20.110.150 Findings.

• G. Access to and/or operation and maintenance of a storm water treatment measure.

(Ords. 26248, 26995.)

At the time of recording of the covenant of easement, all the real property benefited or burdened thereunder shall be in common ownership. (Ord. 26248.)

A covenant of easement recorded pursuant to this part shall be executed by the owner of the burdened property and shall include:

1. A legal description of the real property to be subject to the easement; and

2. A legal description of the real property to be benefited by the easement; and

3. Identification of the city approval, permit or designation which was granted in

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§ 20.110.130

reliance upon recordation of the covenant, or for which recordation of the covenant is or was a requirement; and

4. A description of the purpose(s) of the easement.

• (Ord. 26248.)

The director may accept an easement as described in this part on behalf of the city when such an easement is required as a condition of a land use approval, permit or designation pursuant to this title.

(Ord. 26248.)

The covenant of easement shall be recorded in the county recorder's office. A copy of the recorded document shall be provided to the director. (Ord. 26248.)

• A. The covenant of easement shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2, Part 2, Division 2 of the Civil Code, 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 this state.

• (Ord. 26248.)

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 part shall create in any person other than the city and the owner of real property benefited or burdened by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom. (Ord. 26248.)

Pursuant to and in accordance with the provisions hereinafter set forth in this part, 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.

(Ord. 26248.)

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 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:

1. All information and data is set forth and shown as required by the form;

2. The petition is verified by the party making the petition; and

3. The applicable filing fee has been paid.

• (Ord. 26248.)

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

(Ord. 26248.)

• A. Upon filing of such petition, payment of filing fees, and acceptance of such petition as complete by the 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 nor more than sixty days after the date the application was accepted as complete by the director. Notice shall be provided in accordance with Section 20.100.190.

• B. The director shall provide a report and recommendation to the commission. In addition

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§ 20.110.130

thereto, the director shall file with the commission at its hearing all papers, documents, and exhibits which are part of the file. Within a reasonable time after the commission has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter. The commission may decide to grant the petition, conditionally grant the petition or deny the petition.

• C. The decision of the commission shall be mailed to all persons entitled to notice under Section 20.100.190.

• D. The decision of the commission shall become final on the tenth day after the copy of the written decision of the commission has been placed in the mail to the applicant; provided, however, that if a written notice of appeal is accepted for filing by the director as provided in Section 20.110.140, within the ten-day period, the decision of the commission shall not be final, and it shall be of no force or effect.

• (Ord. 26248.)

Any action taken by the planning commission under this part may be appealed to the city council by filing with the director a written notice of appeal within ten (10) days after a copy of the decision of the planning commission has been mailed, as provided in Section 20.110.130 The applicant, or any person, may file such a notice of appeal. The notice of appeal shall be filed with the director on a form furnished by the director, and the information and data required to be set forth in such notice shall be as prescribed by the director. When such notice has been accepted by the director for filing:

1. The director shall, within ten days, file with the clerk of the city council a copy of the application and the notice of appeal.

2. The council shall hold at least one public hearing on the matter. The hearing of the council shall be de novo. The city clerk shall set the date of the first public hearing by the council, which date shall not

be less than ten nor more than sixty days after the date on which the copy of the application and the notice of appeal were filed with the city clerk. Within a reasonable time after the council has concluded its hearing, it shall, by resolution, set forth its findings and decision on the matter.

3. The decision of the council shall be final. The city clerk shall mail a certified copy of the decision of the council to the applicant and the appellant at the addresses shown for such purpose on the application and notice of appeal.

• (Ord. 26248.)

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. (Ord. 26248.)

Within fifteen 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 office of the recorder for the County of Santa Clara. (Ord. 26248.)

Part 2

WILLIAMSON ACT CONTRACTS - CANCELLATION

Sections:

20.110.220 Grant of authority.

20.110.230 Hearings.

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The provisions of this part apply to and govern the cancellation and partial cancellation of all Williamson Act contracts entered into by the council. (Ord. 27078.)

• A. A landowner may file with the director a petition for cancellation of any Williamson Act contract or any portion of a Williamson Act contract pursuant to Government Code Sections 51282 et seq.

• B. The petition for cancellation of any contract or portion of a contract shall include all of the information required by Sections 51280 through 51287 of the Government Code, as amended, and shall be accompanied by payment of any fees required to recover the reasonable cost of services provided by the city relating to the petition for cancellation.

• (Ord. 27078.)

• B. The authorization granted to the director by this part does not include any of the following:

  1. Any action related to environmental clearance where the director is not authorized to act under Title 21 of the San José Municipal Code; and

  2. Any reduction, waiver or deferral of the cancellation fee pursuant to Government Code Section 51283.

• (Ord. 27078.)

The Director shall administer and conduct all duly noticed public hearings required by Government Code Sections 51280 through 51287 in lieu of the council and in the manner required by Government Code Sections 51280 and 51287. (Ord. 27078.)