(a) The covenant of easement may be released in accordance with the procedure set forth in this section.
(b) Any person, whether or not that person has title to the real property burdened or benefited by the easement, may file a written request for a public hearing on the release of the covenant of easement. The request for hearing shall be filed with the city clerk and shall include the following: (1) A conformed copy of the recorded easement; (2) legal descriptions of the real property benefited and burdened by the easement; (3) a statement that the request for hearing is being filed pursuant to the provisions of this chapter; and (4) a fee prescribed by the municipal fee schedule.
(c) Upon notification and receipt of the request for release of covenant, the city council shall hold a public hearing regarding a release of covenant of easement recorded pursuant to this chapter. At the conclusion of the public hearing, the city council shall determine and make a finding by resolution, based upon substantial evidence contained in the request and/or presented at the public hearing, whether the restriction imposed by the covenant of easement is still necessary to achieve the land use goals of the city. If the council determines that the covenant may be released, the city shall cause to be recorded with the Santa Clara County recorder's office a release of the covenant of easement.
(Ord. 4904 § 2 (part), 2006)