§ 66413.5. — 66413.5. (Added by Stats. 1998, Ch. 689, Sec. 7.5.)

California § 66413.5.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 2.
• Title 7.: DIVISION 2. SUBDIVISIONS
• Ch. 1.: CHAPTER 1. General Provisions and Definitions
• Art. 1.: ARTICLE 1. General Provisions

Text

(a)
When any area in a subdivision or proposed subdivision as to which a tentative map meeting the criteria of this section has been approved by a board of supervisors is incorporated into a newly incorporated city, the newly incorporated city shall approve the final map if it meets all of the conditions of the tentative map and meets the requirements and conditions for approval of final maps as provided in Article 4 (commencing with Section 66456), and other requirements of this division.
(b)
When any area in a subdivision or proposed subdivision as to which a vesting tentative map meeting the criteria of this section has been approved by a board of supervisors is incorporated into a newly incorporated city, the newly incorporated city shall approve the final map and give effect to the vesting tentative map as provided in Chapter 4.5 (commencing with Section 66498.1), if the final map meets all of the conditions of the vesting tentative map and meets the requirements and conditions for approval of final maps as provided in Article 4 (commencing with Section 66456), Chapter 4.5 (commencing with Section 66498.1), and other requirements of this division.
(c)
Notwithstanding subdivisions (a) and (b), the newly incorporated city may condition or deny a permit, approval, or extension, or entitlement if it determines either of the following:
(1)
Failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.
(2)
The condition or denial is required, in order to comply with state or federal law.
(d)
The rights conferred by this section shall expire if a final map application is not timely filed prior to the expiration of the tentative or vesting tentative map. Prior to the approval of the final map, the rights conferred by this section shall be subject to the applicable time periods set forth in Section 66452.6, which shall not exceed eight years from the date of the incorporation unless an applicant and the newly incorporated city mutually agree to a longer period provided by this division.
(e)
An approved tentative map or vesting tentative map shall not limit a newly incorporated city from imposing reasonable conditions on subsequent required approvals or permits necessary for the development, and authorized by the ordinances, policies, and standards described in Section 66474.2.
(f)
Except as otherwise provided in subdivision (g), this section applies to any approved tentative map or approved vesting tentative map that meets both of the following requirements:
(1)
The application for the tentative map or the vesting tentative map is submitted prior to the date that the first signature was affixed to the petition for incorporation pursuant to Section 56704, regardless of the validity of the first signature, or the adoption of the resolution pursuant to Section 56800, whichever occurs first.
(2)
The county approved the tentative map or the vesting tentative map prior to the date of the election on the question of incorporation.
(g)
This section does not apply to any territory for which the effective date of the incorporation is prior to January 1, 1999.
(h)
It is not the intent of the Legislature to influence or affect any litigation pending on or initiated before January 1, 1999.

Legislative History

Added by Stats. 1998, Ch. 689, Sec. 7.5. Effective January 1, 1999.