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SU0000694
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LONE TREE
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2600 - Land Use Program
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MS-95-16
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SU0000694
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Entry Properties
Last modified
5/7/2020 11:27:55 AM
Creation date
9/6/2019 11:03:15 AM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2600 - Land Use Program
RECORD_ID
SU0000694
PE
2622
FACILITY_NAME
MS-95-16
STREET_NUMBER
31277
Direction
E
STREET_NAME
LONE TREE
STREET_TYPE
RD
City
OAKDALE
ENTERED_DATE
9/24/2001 12:00:00 AM
SITE_LOCATION
31277 E LONE TREE RD
RECEIVED_DATE
1/23/1995 12:00:00 AM
QC Status
Approved
Scanner
SJGOV\rtan
Supplemental fields
FilePath
\MIGRATIONS\L\LONE TREE\31277\MS-95-16\SU0000694\APPL.PDF \MIGRATIONS\L\LONE TREE\31277\MS-95-16\SU0000694\CDD OK.PDF \MIGRATIONS\L\LONE TREE\31277\MS-95-16\SU0000694\EH COND.PDF \MIGRATIONS\L\LONE TREE\31277\MS-95-16\SU0000694\EH PERM.PDF
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EHD - Public
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f <br /> �►pBit 19791 ATTORNEY GENERAL'S OPINIONS 175 <br /> riot intended to invest either the district attorney or the county counsel with <br /> powers as "civil prosecutor" under the Brown Act. The section was not intended <br /> to be in aid and futherance of and auxiliary to the criminal laws. It was intended <br /> to be in aid of the civil law—co provide a civil remedy after one was denied by <br /> Fj dicial decision in Adler v. City Council. That section 54960 was not intended <br /> m be "quasi-criminal" in nature is manifest from the fact that the scope of civil <br /> 1. ti dens under section 54960 is broader than criminal actions under section 54959 <br /> of the Brown Act; therefore, only in the unusual case will a violation of the act <br /> also be a misdemeanor. This conclusion is also manifest from the fact that the <br /> open meeting requirements of the laws applicable to "state agencies" and the <br /> Legislature both contain similar civil enforcement provisions as are found in the <br /> ;.".,Brown Act. Yet neither of these laws contain criminal sanctions. This is a further t <br /> indication that these remedies, whether found in the Brown Act or the similar <br /> state acts, were not intended to fall within the prosecutorial functions of the . <br /> x-_ district attorney. We so conclude. <br /> i E <br /> ( Opinion No. CV 79-2—April 11, 1979 <br /> SUBJECT: OFFSITE AND ONSITE IMPROVEMENTS—Under the provisions 1 <br /> *r: of Government Code section 66411.1, a local agency may not require that <br /> the construction of offsire and onsite improvements be completed prior to y <br /> the recordation of a parcel map. A local agency may require that the <br /> improvements be secured and may deny approval for development until <br /> construction requirements have been fulfilled. <br /> Requested by: DISTRICT ATTORNEY, CALAVARES COUNTY <br /> Opinion by: GEORGE DEUKMEJIAN, Attorney General <br /> Rodney Lilyquist, Jr., Deputy <br /> ~;. The Honorable Joseph W. Kiley, District Attorney of Calaveras County, has <br /> equested an opinion on the following questions: <br /> 1. May a local agency require that the construction of offsite and onsite <br /> provements under the provisions of Government Code section 66411.1 be <br /> omplered prior to the recordation of a parcel map? <br /> 2. May a local agency require that the construction of offsite and onsite <br /> f 71mprovements under the provisions of Government Code section 66411.1 be <br /> secured pursuant to the provisions of Government Code sections 66499-66499.10? <br /> 3. Where the construction of offsite and onsite improvements under the <br /> provisions of Government Code section 66411.1 is not secured and the subdivider <br /> is no longer the owner of the parcels,may a local agency deny approval for develop- <br /> -Pent of the parcels by their owners until the construction requirements have been <br /> fulfilled? <br /> u <br />
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