§ 15.10

Easements and recorded restrictions are often required in the design of a subdivision in order to address specific issues ranging from property and utility access to the protection of environmental resources. The objective of this chapter is to establish the standards for which these measures are applied to map applications and approvals subject to the provisions of this title.

(Ord. 1787 § 1 (part), 2002).

(a)

Requirement for Easement. An easement shall be required when a portion of land area subject to division or adjustment under this title, is proposed to be reserved for a specific use, improvement or access by a party or entity other than the underlying lot owner.

(b)

Required size. Easement sizes and widths shall vary based on their purpose and necessity, with the minimum standards established as follows:

(1)

An easement established for the purpose of providing public or private utility, sanitary sewer and drainage improvements shall be not less than ten feet (10') in width.

(2)

Easements for overhead wire lines may be required at the rear of all lots, except where alleys are available, and in contiguous locations to permit anchorage, line continuity, ingress and egress and shall not be less than ten feet (10') in width.

(3)

Easements established for the purpose of providing public or private pedestrian access shall not be less than five feet (5') in width.

(4)

Easements established for the purpose of providing public or private vehicular access shall not be less than fifteen feet (15') in width.

(c)

Dedication of easements to the City. Dedication of easements shall be to the city of San Rafael for the purpose of installing utilities, planting strips and for other public purposes as may be ordered or directed by the city council.

(d)

Limitations. Easements shall not be required or recorded for the purpose of restricting the use of all or a portion of land subject to division or adjustment under this title. Refer to Section 15.11.030 (Restrictions) of this chapter.

(Ord. 1787 § 1 (part), 2002).

(a)

Requirement for restriction. A restriction shall be required when the use of a portion of land area subject to division or adjustment under this title, is proposed to be restricted or prohibited. Examples of land area subject to restrictions include but are not limited to public or private open space, conservation or permanent non-development areas.

(b)

Protection of environmental resources. A restriction may be required on a portion of land area subject to division under this title, for the purpose of protecting environmental resources such as bay lands, wetlands, creeks, ridge lines, woodlands and wildlife corridors. The requirement for such a restriction shall be based on map application compliance with the goals and policies of the San Rafael general plan and pertinent, adopted specific area or neighborhood plan, compliance with the provisions of the other titles of the municipal code, or as required by environmental mitigation.

(Ord. 1787 § 1 (part), 2002).

For divisions of land (major or minor subdivisions), easements and restrictions shall be recorded by map and deed, as required by subsections (a) and (b) below. For lot line adjustments or consolidations, easements and restrictions shall be recorded by deed or other similar instrument, as required by subsection (b) below.

(a)

Recordation on map. The limits and boundaries of all easements and restrictions required for the division of land under this title, shall be identified on the Final Map (for major subdivisions) or on a parcel map (minor subdivision). The map shall identify the purpose and recipient of the easement and/or the purpose of the recorded restriction.

(b)

Recordation by deed or other similar instrument. All easements and restrictions created for the division or adjustment of land under this title shall be recorded by property deed or other similar instrument. A copy of the easement or restriction shall be filed with the city at the time of filing a final map or parcel map for divisions of land or at the time of recording a deed or similar instrument for a lot line adjustment or consolidation.

(Ord. 1787 § 1 (part), 2002).