This chapter provides requirements for the provision of conditions,
covenants or restrictions in conjunction with the approval of tract
or parcel maps.
(Ord. 1308 § 5, 2000)
All subdivisions shall be subject to conditions, covenants,
or restrictions or a similar recordable document which shall be filed
with the Orange County recorder and which shall be effective for at
least thirty years or the life of the improvements, whichever is greater.
The document shall provide for the continued maintenance and viability
of the project as approved. This requirement may be waived by the
commission or the subdivision review committee at the time of approving
a tract or parcel map. Other developments not constituting a subdivision
may also be subject to this requirement if the commission or the subdivision
review committee determine that such a document is necessary to ensure
orderly development and the continued maintenance of the project.
(Ord. 1308 § 5, 2000)
Every set of documents described in Section 21.84.020 of this chapter shall also contain a covenant that the covenantor shall reference the set of documents in every deed or other document that attempts to convey or hypothecate the subject property.
(Ord. 1308 § 5, 2000)
Every set of documents described in Section 21.84.020 of this chapter shall reference all city resolutions affecting the property at the time of approval and shall specifically reference any resolutions approving a specific plan, precise plan, tract map or conditional use permit.
(Ord. 1308 § 5, 2000)
The document shall contain a prohibition against revocation,
amendment, or revocation of the terms of the document or the document
itself without city approval. The city attorney may limit the pertinent
provisions of the document that will require city approval before
modification may occur.
(Ord. 1308 § 5, 2000)
Every document shall give to the city a right of enforcement
of its terms which shall include all of the alternative remedies and
procedures, both legal and equitable, and which shall provide for
the payment of attorneys' fees. The city attorney may limit the pertinent
provisions of the document that will give the city a right of enforcement
thereto.
(Ord. 1308 § 5, 2000)
Each set of documents referred to in Section 21.84.020 of this chapter shall be subject to review and approval by the city attorney, director of public works and the planning director. A fee, as prescribed by resolution of the council, shall be paid by the developer to cover this processing, review and approval.
(Ord. 1308 § 5, 2000)
The developer shall be required to record the document concurrently
with the recording of the tract or parcel map and after all city fees
are paid and after all necessary approvals and signatures are obtained
from the city. The city shall be provided a conformed copy of the
recorded document at the developer's cost.
(Ord. 1308 § 5, 2000)