§ 66474.3. — 66474.3. (Added by Stats. 1988, Ch. 1561, Sec. 2.)

California § 66474.3.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 2.
• Title 7.: DIVISION 2. SUBDIVISIONS
• Ch. 4.: CHAPTER 4. Requirements
• Art. 1.: ARTICLE 1. General

Text

(a)
If the legislative body of a city or county finds, based upon substantial evidence in the record, that any project for which a tentative map or a vesting tentative map has been approved will be affected by a previously enacted initiative measure to the extent that there is likely to be a default on land-secured bonds issued to finance infrastructure on the project, the legislative body shall allow that portion of the project served by that infrastructure to proceed in a manner consistent with the approved tentative map or vesting tentative map.
(b)
For purposes of this section, land-secured bond means any bond issued pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), or the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5, so long as the bond was issued and sold at least 90 days before the proposed initiative was adopted by either popular vote at an election or by ordinance adopted by the legislative body.
(c)
Notwithstanding subdivision (a), the legislative body may condition or deny a permit, approval, extension, or entitlement if it determines any of the following:
(1)
A 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)
An approved or conditionally approved tentative or vesting tentative map shall be subject to the periods of time set forth in Section 66452.6.
(e)
The rights conferred by this section shall expire if a final map is not approved prior to the expiration of the tentative map or of the vesting tentative map.
(f)
An approved or conditionally approved tentative map or vesting tentative map shall not limit a legislative body 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 or 66498.1.

Legislative History

Added by Stats. 1988, Ch. 1561, Sec. 2.