1

The Committee on Community Affairs (Haridopolos and Geller)

2

recommended the following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete line(s) 1403-1426

6

and insert:

7

8

     (11) LIMITATION OF LIABILITY.--In order to limit the

9

liability of local governments, a local government shall may

10

allow a landowner to proceed with development of a specific

11

parcel of land notwithstanding a failure of the development to

12

satisfy transportation concurrency, if when all the following

13

factors are shown to exist:

14

     (a) The local government that has with jurisdiction over

15

the property has adopted a local comprehensive plan that is in

16

compliance.

17

     (b) The proposed development is would be consistent with

18

the future land use designation for the specific property and

19

with pertinent portions of the adopted local plan, as determined

20

by the local government.

21

     (c) The local plan includes a financially feasible capital

22

improvements element that provides for transportation facilities

23

adequate to serve the proposed development, and the local

24

government has not implemented that element.

25

     (c) (d) The local government has provided a means for

26

assessing by which the landowner for will be assessed a fair

27

share of the cost of providing the transportation facilities

28

necessary to serve the proposed development.

29

     (d) (e) The landowner has made a binding commitment to the

30

local government to pay the fair share of the cost of providing

31

the transportation facilities to serve the proposed development.

32

33

34

================ T I T L E  A M E N D M E N T ================

35

And the title is amended as follows:

36

     On line 52, after the semicolon,

37

insert:

38

requiring local governments to approve development

39

notwithstanding a failure to satisfy transportation

40

concurrency if certain conditions are met;

4/9/2008  10:46:00 AM     CA.CA.07105