Property Condition Agreement Ordinance

POD 19-001

Project Contact: Timothy Vertino | timothy.vertino@sdcounty.ca.gov | (858) 495-5468

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County of San Diego Board of Supervisors Hearing:

On January 29, 2020 the Board of Supervisors adopted the Property Condition Agreement Ordinance. See below for Minute Orders.

January 15, 2020, Board of Supervisors Minute Order

January 29, 2020, Board of Supervisors Minute Order

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Background:

On October 10, 2018 (02), the Board of Supervisors (Board) adopted, and directed staff to implement the Housing Affordability Strategy (HAS), which consist of initiatives to increase housing affordability within the unincorporated areas of the County of San Diego. The HAS contained Regulatory Reform (RR) Actions, including RR-1 the Site Implementation Agreement Ordinance as a short-term initiative. This new ordinance has been renamed and is now referred to as the Property Condition Agreement (PCA) to avoid confusion with the existing Subdivision Improvement Agreement that serves another purpose. 

2018 Board Letter
2018 Minute Order

Project Purpose:

The Property Condition Agreement (PCA) Ordinance establishes an agreement between property owner(s) and the County, which allows for project conditions of approval to be completed at relevant stages during the land development process.

If approved, a PCA would consolidate conditions into one document and bind them legally to property. In the event land is sold before the completion of specific conditions, the subsequent prospective owner will receive clear documentation associated with the title of the land detailing all requirements.

The PCA would be applicable to stand-alone Tentative Maps (TM) and Tentative Parcel Maps (TPM) projects without companion discretionary permits, such as a Site Plan or Major Use Permit. Applicants for TPMs and TMs, currently must complete some conditions of approval before the recordation of legal lots (e.g., before Final Map). Without a companion permit to the TPM or TM, there is no mechanism for conditions to be satisfied after map recordation. These "stand alone" maps limit the time an applicant has to complete a condition of approval.