This chapter establishes procedures for the creation of Recorded Agreements to assure compliance with any development standard, performance standard, condition of approval, or any other requirement of law.
A Recorded Agreement may be required by the Community Development Director on any application for a permit or approval, or may be requested by any person having a legal or equitable interest in real property, whenever there is a special situation that requires a written agreement between one or more landowners and the City.
The Community Development Director, in consultation with the City Attorney, shall determine when a Recorded Agreement is necessary in order to establish limitations associated with a code requirement, development standard, performance standard, or to guarantee access to, or use of, a structure, site development, or use. Examples include but are not limited to the following, or any combination thereof:
A. 
Parking. A recorded agreement may be requested to guarantee access to any required parking facility, loading area, driveway, or vehicle maneuvering area that overlaps multiple property lines or is provided offsite, or to establish limitations associated with valet parking, tandem parking, or shared parking arrangements such as multiple uses with different times of occupancy.
B. 
Access. A recorded agreement may be requested when necessary to establish ingress or egress, emergency access, or light and air access.
C. 
Landscaping and Open Space. A recorded agreement may be requested to establish limitations or guarantee access to any required landscaping or open space.
D. 
Garbage and Refuse. A recorded agreement may be requested to guarantee access to any garbage and refuse area that overlaps multiple property lines or is provided offsite, or to establish any limitations for any garbage or refuse collection or disposal area.
E. 
Operational Limitations. A recorded agreement may be requested to establish limitations associated with a performance standard such as required equipment necessary for the reduction of noise, odors, or similar.
F. 
Lot Tie Agreement. A "Lot Tie Agreement" may be requested in order to hold more than one contiguous parcel under common ownership as a single building site for the purposes of complying with development standards or Building Code requirements.
An agreement, in a form satisfactory to the City Attorney, shall be executed by representatives of the City, and each owner of the lot(s) on which the agreement is necessary to establish the development limitations, access, or use. The agreement may be in the form of an easement, covenant, or other satisfactory agreement. At minimum, the agreement shall include the following information:
A. 
A legal description of the real property;
B. 
Exhibits showing the property subject to the agreement;
C. 
The existing and proposed uses on the lot or lots and a description of the specific standard or requirement subject to the agreement;
D. 
A description of any relevant nonconformities;
E. 
A description of how the standards or requirements are satisfied by the agreement; and
F. 
A description of the consequences of a violation of the agreement.
A Recorded Agreement executed pursuant to this chapter shall be enforceable by the successors in interest to the real property benefited by the Agreement, the City and any person authorized to enforce it by the City.
A. 
The Recorded Agreement shall be effective when recorded.
B. 
The Recorded Agreement shall not be amended, modified or rescinded without the prior written consent of the City. An Agreement authorized by this chapter may not be terminated except as authorized by Section 30.260.080, Procedure for Release of Recorded Agreement.
C. 
If at any time the terms and conditions of the agreement are not maintained, the certificate of occupancy shall automatically be suspended, and the structure or use served by the agreement shall not thereafter be occupied or used until either the terms and conditions are reestablished, or the agreement is terminated pursuant to Section 30.260.080, Procedure for Release of Recorded Agreement.
The Agreement shall be recorded in the official records of the County of Santa Barbara. 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.
Any owner of property which is burdened or benefited by the Agreement may file an application for the release of the Agreement. The application shall be filed with the Community Development Director on forms approved by the Director, shall contain the information required by the Director, and be accompanied by all applicable processing fees. The Community Development Director shall review said application and shall upon a determination that the restriction of the property is no longer necessary to achieve the land use goals of the City, shall record a release of the agreement. The release of Recorded Agreements that resulted from conditions of approval by a Review Authority may require approval by the Review Authority.