Chapter 21.84 — CONDITIONS, COVENANTS OR RESTRICTIONS

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)