17.35.120 Biological and open space easement.
A. When required, the applicant shall draft and submit a biological and open space easement (conservation easement) that includes the following:
1. A legal description of the premises affected by the permit with a description of the mitigation area and the sensitive biological resources that will be preserved;
2. To impart notice to all persons to the extent afforded by the recording laws of the state regarding the restrictions affecting use of the sensitive biological resources covered by the permit;
3. To ensure that the burdens of the easement shall be binding upon, and the benefits of the easement shall ensure to, all successors in interest to the affected land;
4. To ensure enforceability of the biological and open space easement by the City, or jointly and severally by the City, the U.S. Fish and Wildlife Service, and the California Department of Fish and Game in those instances when the biological and open space easement affects land containing Sensitive biological resources or other lands that have been accepted as mitigation; and
5. Uses consistent with those listed in CVMC 17.35.100(A)(1) and (A)(2).
B. A public hearing shall be held to consider a formal, written request directed to the City by any person requesting the release of a biological and open space easement recorded pursuant to this chapter. The City only shall record a release of any biological and open space easement recorded pursuant to this chapter when it is determined by the City that restriction of the property is no longer necessary to achieve the land use goals of the City. A determination by the City to release said easement may be made only with the written concurrence of the U.S. Fish and Wildlife Service and the California Department of Fish and Game. (Ord. 3004 § 1, 2005).