Pursuant to Article 2.7 (commencing with Section 65870) of Chapter 4 of Division 1 of Title
7 of the
Government Code, which authorizes any city to adopt an ordinance for the imposition of covenants of easements, each City official or agency with authority to issue or approve a land use or development permit shall have authority to require recordation of covenants of easement to assure compliance with any conditions of approval and any other requirement of law. A covenant of easement required pursuant to this chapter may be for parking, ingress, egress, emergency access, light and air access, landscaping, or open space purposes or a combination of the aforementioned purposes. For purposes hereof, "land use or development permit" shall include, but not be limited to, a grading permit, building permit, development plan approval, specific plan approval, conditional use permit, variance, modification, architectural design approval and all similar permits and approvals for the use of development of land.
(Ord. 4454, 1987)
A covenant of easement created pursuant to this chapter shall
only be effective if at the time of its recordation, all of the real
property benefited or burdened by the covenant shall be in common
ownership.
(Ord. 4454, 1987)
The covenant of easement shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title
2 of Part 2 of Division 2 of the
Civil Code, except that it shall not merge into any other interest in the real property. Section 1104 of the
Civil Code shall be applicable to conveyance of the affected real property. A covenant or easement authorized by this chapter may not be terminated except as authorized by Section
22.07.070.
(Ord. 4454, 1987)
A covenant of easement recorded pursuant to this chapter shall
describe the real property to be subject to easement and the real
property to be benefited thereby and shall identify the approval,
permit, or designation granted which relied upon or required the covenant.
(Ord. 4454, 1987)
A covenant executed pursuant to this chapter shall be enforceable
by the successors in interest to the real property benefited by the
covenant, the City and any person authorized to enforce it by the
City.
(Ord. 4454, 1987)
The covenant of easement (i) shall be recorded in the official
records of the County of Santa Barbara, (ii) shall contain a legal
description of the real property, and (iii) shall be executed by the
owner of the real property. From and after the time of its recordation,
the covenant shall impart notice thereof to all persons to the extent
afforded by the recording laws of this state. Upon recordation, the
burdens of the covenant shall be binding upon, and the benefits of
the covenant shall inure to, all successors in interest to the real
property.
(Ord. 4454, 1987)
The City Council may, by resolution, establish fees for filing
applications, processing covenants of easement and releases thereof
and any other matters related to this chapter.
(Ord. 4454, 1987)