Chapter 17.34 — COVENANTS FOR EASEMENTS

• A. This chapter is established in compliance with Government Code Sections 65870 through 65875 for the purpose of providing a mechanism for the City to create an easement independent of the subdivision process.

• B. This chapter shall apply to development projects approved by the Council, Commission, Director, and voters, and acts independently from other authority or method for the City to require an easement.

• C. The covenant for easement may be for:

  1. Parking;

  2. Ingress, egress, or emergency access;

  3. Light or air access;

  4. Landscaping;

  5. Right-of-way for public road or alley; or

  6. Open space purposes.

• D. At the time of recording the covenant of easement, the real property benefited or burdened by the covenant shall be in common ownership.

• (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

• A. Permits and Approvals Contingent Upon Recordation of Covenant. Whenever the Council, Commission, or Director determines that a covenant of easement is needed for one or more of the purposes identified in Section 17.34.010 (Purpose and Applicability), the approval, permit, or designation shall not become effective unless or until the covenant of easement is recorded.

• B. Preparation of Covenant. Whenever a covenant of easement is required in this chapter, the covenant shall either:

  1. Be in a form and manner approved by the City Attorney based upon the advice of the City Engineer and Director; or

  2. Be prepared by the City Attorney. Whenever the City Attorney prepares a covenant of easement, the City shall be entitled to reimbursement from the applicant for the costs associated with its preparation.

• (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

A covenant of easement prepared in compliance with to this chapter shall contain, at a minimum, the following elements:

• A. Identification of the owner or owners of the real property to be burdened, including a statement that both the burdened and benefited parcels are under common ownership;

• B. A consent to the covenant of easement and its recordation by the record owner or owners who are parties to the covenant;

• C. Identification of the real property to be benefited and to be burdened by the covenant including a legal description of the property;

• D. A statement that the covenant shall act as an easement pursuant to Chapter 3 (commencing with Section 801 ) of Title 2 of Part 2 of Division 2 of the California Civil Code, including an express statement that the easement and covenant of easement shall not merge into any other interest in real property in compliance with Government Code Section 65871 , subdivision (b);

• E. A statement that the covenant of easement shall run with the land, be binding upon successors in interest to the burdened real property, inure to successors in interest to the real property benefited, and shall be subject to California Civil Code Section 1104 ;

• F. Identify the approval, permit, or designation granted which required the covenant;

• G. A statement identifying the Los Alamitos Municipal Code section that identifies the procedure for release of the covenant;

• H. An appropriate section for execution of the covenant of easement by the record owner or owners of the subject real property.

• (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)

• A. 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 or department that took final action on the original application. A person shall be entitled to only one determination in any 12-month period.

• B. To obtain a determination mentioned above, a request for determination application shall be made and filed with the City Clerk. The application shall include a fee as set by the City's fee resolution.

• C. Upon receipt of a completed application, the City Clerk shall set the matter for public hearing before the Commission or Council or appropriate department head, as appropriate, and cause notice of it to be given in compliance with 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 roll if other than the applicant and to record property owners within 300 feet of the property.

• D. At the conclusion of the public hearing, the Commission, or Council, or Department head, as appropriate, shall determine and make a finding, based upon substantial evidence in the record, whether or not the restriction imposed by the covenant for easement is still necessary to achieve the land use goals of the City. If a determination is made that the covenant for easement is still required, the commission or council, as appropriate, shall by resolution determine that the need still exists.

• E. If a determination is made that the covenant of easement is no longer necessary, the Commission, or Council, or department head, as appropriate, shall by resolution make the determination and finding and direct the City Attorney to prepare a release and transmit the same to the City Clerk for recording.

• F. The department head or Commission action on the continuing need for the covenant of easement is subject to appeal in compliance with Chapter 17.60 (Appeals).

G. The Council's determination in subsections D and E of this section shall be final and conclusive. (Ord. 688 § 1, 2006; Ord. 19-03 § 3, 2019)