(a) Applicability. When necessary to achieve the land use goals of the County, the County may require a property owner holding property in common ownership to execute and record a Covenant of Easement in favor of the County, in compliance with Government Code §§ 65870 et seq. A Covenant of Easement may be:
(1) Required to provide for emergency access, ingress and egress, landscaping, light and air access, open space, parking, or for solar access; and
(2) Imposed as a condition of approval by the review authority.
(b) Form of Covenant. The form of the Covenant shall be approved by the County Counsel, and the Covenant of Easement shall:
(1) Describe the real property subject to the easement and the real property to be benefitted by the easement;
(2) Identify the County approval or planning permit granted that relied on or required the Covenant; and
(3) Identify the purposes of the easement.
(c) Recordation. A Covenant of Easement shall be recorded in the County Recorder’s Office.
(d) Effect of covenant.
(1) From and after the time of its recordation, a Covenant of Easement shall:
(A) Act as an easement in compliance with Civil Code §§ 801 et seq., except that it shall not merge into any other interest in the real property. Civil Code § 1104 shall be applicable to the conveyance of the affected real property; and
(B) Impart notice to all persons to the extent afforded by the recording laws of the State.
(2) Upon recordation, the burdens of the Covenant shall be binding on, and the Covenant shall benefit all successors-in-interest to the real property.
(e) Enforceability. A Covenant of Easement shall be enforceable by the successors-in-interest to the real property benefitted by the Covenant and the County. Nothing in this Section creates standing in any person, other than the County, and any owner of the real property burdened or benefitted by the Covenant, to enforce or to challenge the Covenant or any requested amendment or release.
(f) Release of Covenant. A Covenant of Easement may be released by the Director, or by another appropriate review authority in the event of an appeal, at the request of any person, including the County, or an affected property owner.
(1) Process for Release. The release of a Covenant of Easement shall require that the review authority first:
(A) Conduct a noticed public hearing in compliance with Chapter 86.07 (Public Hearings); and
(B) Find that the Covenant on the site is no longer necessary to achieve the land use goals of the County.
(2) Recordation. A notice of the release of the Covenant of Easement shall be recorded by the Director in the County Recorder’s Office.
(3) Fees. The applicant for a release of a Covenant of Easement shall pay the fee for the processing of the release in compliance with the Planning Fee Schedule.
(Ord. 4011, passed - -2007)