Restrictive covenants will not protect our park when the City sells it

I have heard from several voters that the Proponents of Measure K are telling people that the city can enforce the height and density restrictions it is promising to the voters even in the event of a sale by imposing "deed restrictions.”

This will not work.

California State Law allows developers to sidestep deed restrictions via Civil Code section 714.6.

A “deed restriction” in this case is what is known in the law as a “restrictive convenant:” language in a deed that prevents certain types of uses of the land in the future.

Covenants are powerful tools, but they are subject to many legal restrictions. One such restriction is Civil Code 714.6.

The prohibition section (714.6(a)) states:

“recorded covenants, conditions, restrictions, or private limits on the use of private or publicly owned land contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that restrict the number, size, or location of the residences that may be built on the property, or that restrict the number of persons or families who may reside on the property, shall not be enforceable against the owner of an affordable housing development…”

The balance of this law allows the developer to record a new deed, eliminating the restrictions on size, number, and location of residences.

If Measure K passes, and the City transfers or sells the property with the promise of “50 units” or “32 feet height”, these restrictions will be wiped out at the clerks office at the whim of the developer.