Sierra County Municipal Code Ch. 26.05 Covenants for Easements

As a condition of approval for any land use permit, including but not limited to building permits, the county may record or may cause to be recorded a covenant of easement. (Formerly 26.01)

A covenant for easement may be recorded for purposes of parking, ingress, egress, emergency access, light and air access, landscaping, or open-space purposes, and any other purposes specifically authorized by the Legislature. (Formerly 26.02)

The covenant for easement, or amendment to a recorded covenant for easement, and all supporting documentation shall be in a form approved by the County Counsel, and shall describe the real property to be subject to the easement and the real property to be benefited thereby. The covenant of easement shall also identity the approval, permit, or designation granted which relied upon or required the covenant. Unless otherwise waived by the County Counsel, the document shall be executed by all property owners holding record title interest in the property subject to the easement, and other parties possessing an equitable interest in the property subject to the easement. (Formerly 26.03)

The covenant, and any amendment thereto, shall be recorded in the records of the County Recorder for the county, and shall thereafter impart notice thereof to all persons to the extent afforded by the recording laws of the state. (Formerly 26.04)

Any party subject to a covenant may request a release of the covenant. The Planning Director shall conduct a hearing, after giving notice to the owners of the benefited and burdened property. Alternatively, the Director may refer the matter directly to the Planning Commission who shall conduct the hearing. Decisions to release or not to release a covenant shall be appealable to the Commission and the Board of Supervisors in accordance with SCC 20.05.130.

A. Fee. The county may charge a reasonable fee for processing a request for a release in accordance with the filing fee set by the county fee ordinance.

B. Findings. A covenant shall be released if the decision-making body finds, based upon substantial evidence in the record, that the covenant is no longer necessary to achieve the land use goals of the county.

C. Release of Covenant. Upon the passage of the appeal period, the Planning Director shall cause to be recorded a release of the covenant, in a form approved by the County Counsel. (Formerly 26.05)

A. Challenge a Decision. An action or proceeding to challenge a decision of the county pursuant to this title may only be brought by the owner of the benefited or burdened property.

B. Time Period. Any action or proceeding shall be filed and served within 30 days of a final decision by the Board of Supervisors. (Ord. 902, eff. 7/6/00. Formerly 26.06)