Authority for Adoption. This chapter is adopted pursuant to Government Code Sections 65870 to 65875.

Application of This Chapter to Development Projects. This chapter shall apply to all development projects approved by the City, its City Council, Planning Commission, voters, officers, and employees and acts independently from any other authority or method for the City to require an easement. The provisions of this chapter shall only apply when:

Whenever a covenant of easement is required herein, the covenant shall either:

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

A consent to said covenant of easement and the recording thereof by the record owner and/or owners to the covenant;

Identification of the real property to be benefited and to be burdened by said covenant including a legal description of the same;

A statement that said 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 said easement and covenant of easement shall not merge into any other interest in real property pursuant to California Government Code Section 65871(b);

State that said covenant of easement shall run with the land, be binding upon all successors in interest to the burdened real property, inure to all successors in interest to the real property benefited, and shall be subject to California Civil Code Section 1104;

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

A statement identifying the Lake Forest Municipal Code section which sets forth the procedure for release of the covenant;

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

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.

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 roll if other than the applicant and to all record property owners within 300 feet of the property.

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.

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.

Planning Commission action on the continuing need for the covenant of easement is subject to appeal in accordance with Section 2.04.100 et seq. of this Code.

The City Council's determination in subsections C and D above shall be final and conclusive.