27.08.045 CONDITIONS OF APPROVAL.

(a) The approval of an application pursuant to this Title may be conditioned by the City in order to protect and preserve the health, safety, and welfare of the community and to secure the purposes of this Title. Unless otherwise provided, the conditions imposed shall run with the land and are binding on the successors, heirs, and assignees of the applicant. The City may require that any or all of the conditions imposed be recorded.

(b) As a condition of approval of an application or otherwise, a property owner may create an easement for the benefit of the City, another governmental agency, or any other person for the purpose of ensuring ingress, egress, emergency access, light and air access, landscaping, parking, or open-space. A document creating such an easement shall comply with the requirements of Government Code Sections 65871 and 65873.

(c) Any person may petition for the release of a condition or easement that has been recorded pursuant to this Section by filing an application for such a release with the Department of Community Development. An application for release of a recorded condition may be approved and a release recorded by the City if, after hearing, the Planning Commission determines that the condition is no longer reasonably related to the protection and preservation of the health, safety, and welfare of the community or the purposes of this Title. An application for release of a recorded easement may be approved and a release recorded if, after hearing, the Planning Commission determines that the easement is no longer necessary to accomplish the land use goals of the City.

(d) Nothing contained in this Section shall be construed in any way to limit the City in its exercise of the powers the City derives from the State Constitution, State law, and the Charter, nor shall it be construed to supersede any provision of State or City law that requires additional procedural steps and decisions before an easement or right-of-way may be abandoned or vacated.