The purpose of this chapter is to establish guidelines for the applicability, approval, and recordation process of a Property Condition Agreement. A Property Condition Agreement serves as a recorded companion agreement for discretionary subdivision projects, including Tentative Parcel Maps and Tentative Maps, that do not otherwise require any other companion discretionary permits at the time of the approval. A Property Condition Agreement provides an option for the County to impose and an applicant to implement conditions after a Final Map, similar to projects with additional recorded discretionary approvals (e.g., a Major Use Permit or Site Plan) that facilitate condition implementation and completion to occur in later stages during the land development process. After recordation into the County's official record, a Property Condition Agreement functions as traceable title documentation clearly identifying all project conditions in one document, including mitigations adopted for impacts identified under the California Environmental Quality Act ("CEQA", Pub. Res. Code Section 21000 et seq.), and other applicable requirements to be completed before or after subdivision and before or after any other required project permit or approval can be granted. A Property Condition Agreement is not a means to defer mitigation; conditions with required timing prior to Final Map approval for the purposes of mitigation are ineligible for timing alteration.
(Added by Ord. No. 10650 (N.S.), effective 2-28-20)
No person shall develop, construct, install, occupy, use, maintain, carry out or otherwise implement all or any part of a Tentative Parcel Map or Tentative Map for which a Property Condition Agreement has been approved and recorded in accordance with this chapter, except in full compliance with all applicable requirements and the terms of the Property Condition Agreement. This prohibition applies to the initial development of a project, as well as the on-going use or operation of a project. All persons who acquire ownership of land subject to a Property Condition Agreement, who have actual or constructive notice of the contents of the Property Condition Agreement, shall be subject to the terms and conditions thereof and shall fully comply with those terms and conditions. Property Condition Agreement cannot be modified once approved, without an applicable subsequent discretionary project application.
(Added by Ord. No. 10650 (N.S.), effective 2-28-20)
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