Any person may request that the City make a determination as to whether or not the restriction imposed by the Covenant of Easement is still necessary to achieve the City's land use goals. The determination of the need for the Covenant of Easement shall be made by the body, i.e., City Council or Planning Commission, that took final action on the original application. A person shall be entitled to only one (1) such determination in any twelve (12) month period.
(a) To obtain a determination mentioned above, a "Request for Determination" application shall be made and filed with the City Clerk. Said application shall include a fee as set by Resolution of the City Council.
(b) Upon receipt of a completed application, the City Clerk shall set the matter for Public Hearing before the Planning Commission or City Council, as appropriate, and cause notice thereof to be given pursuant to Government Code Section 65090, and a copy of the notice shall be mailed to the record property owner or owners as shown on the Tax Assessor's latest equalized role if other than the applicant and to all record property owners within three-hundred (300) feet of the property.
(c) At the conclusion of the Public Hearing, the Planning Commission or City Council, as appropriate, shall determine and make a finding, based upon substantial evidence in the record, whether or not the restriction imposed by the Covenant of Easement is still necessary to achieve the land use goals of the City. If the Planning Commission or City Council, as appropriate, determines that the Covenant for Easement is still required, the Planning Commission or City Council, as appropriate, shall by Resolution determine that the need still exists.
(d) If the Planning Commission or City Council, as appropriate, finds that the Covenant of Easement is no longer necessary, the Planning Commission or City Council, as appropriate, shall by Resolution make the determination and finding and direct the City Attorney to prepare a release thereof and transmit the same to the City Clerk for recording.
(e) Planning Commission action on the continuing need for the Covenant of Easement is subject to appeal to the City Council.
(f) The City Council's determination in subsections (c) and (d) above shall be final and conclusive.