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California Government Code Section 66462.5

Legal Research Home > California Laws > Government Code > California Government Code Section 66462.5

(a) A city, county, or city and county shall not postpone
or refuse approval of a final map because the subdivider has failed
to meet a tentative map condition which requires the subdivider to
construct or install offsite improvements on land in which neither
the subdivider nor the local agency has sufficient title or interest,
including an easement or license, at the time the final map is filed
with the local agency, to permit the improvements to be made. In
such cases, unless the city, county, or city and county requires the
subdivider to enter into an agreement pursuant to subdivision (c),
the city, county or city and county shall, within 120 days of the
filing of the final map, pursuant to Section 66457, acquire by
negotiation or commence proceedings pursuant to Title 7 (commencing
with Section 1230.010) of Part 3 of the Code of Civil Procedure to
acquire an interest in the land which will permit the improvements to
be made, including proceedings for immediate possession of the
property under Article 3 (commencing with Section 1255.410) of
Chapter 6 of that title.
   (b) If a city, county, or city and county has not required the
subdivider to enter into an agreement pursuant to subdivision (c) and
if a city, county, or city and county fails to meet the 120-day time
limitation, the condition for construction of offsite improvements
shall be conclusively deemed to be waived. The waiver shall occur
whether or not the city, county, or city and county has postponed or
refused approval of the final map pursuant to subdivision (a).
   (c) Prior to approval of the final map the city, county, or city
and county may require the subdivider to enter into an agreement to
complete the improvements pursuant to Section 66462 at such time as
the city, county, or city and county acquires an interest in the land
that will permit the improvements to be made.
   (d) Nothing in this section precludes a city, county, or city and
county from requiring a subdivider to pay the cost of acquiring
offsite real property interests required in connection with a
subdivision.
   (e) "Offsite improvements," as used in this section, does not
include improvements that are necessary to assure replacement or
construction of housing for persons and families of low or moderate
income, as defined in Section 50093 of the Health and Safety Code.

Last modified: February 13, 2012