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SU0000694
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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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19791 ATTORNEY GENERAL'S OPINIONS 177 <br /> I <br /> governing bodies. Significant to our discussion are the restrictive provisions <br /> i <br /> ling necessary improvements in subdivisions of four or less parcels. <br /> Che first question concerns whether a local agency can require that improve- <br />; in such smaller subdivisions be completed prior to the recordation of the 1 <br /> priate parcel map. Since sale of the parcels is generally dependent upon <br /> iacion of the map (§ 66499.30, subd. (b) ), such a requirement would insure <br />:he improvements were made before sale. On the other hand, it may be <br /> d that a landowner should not be required to make the necessary improve- <br /> s until he is ready to develop the property. Based upon an examination of the <br /> olling statute, section 66411.1, we conclude that completion of the improve- <br /> s may not be required prior to the recordation of the parcel map. <br /> Section 66411.1 provides that in divisions of land into four or less parcels, <br /> i <br /> mprovements required by local ordinance must be limited to "the dedication a <br /> ghts-of-wav, easements, and the construction of reasonable offsite and onsite <br /> I� <br /> ovements for the parcels being created." under the statute, notification of <br />:onstruction requirements must be "by certificate on the parcel map, on the ! <br /> ument evidencing the waiver of such parcel map, or by separate instrument ; <br /> shall be recorded on, concurrently with, or prior to the parcel map or instru- I s <br /> of waiver of a parcel map being filed for record:' <br /> Although the improvements can be specified and their description recorded <br /> to the recordation of the appropriate parcel map, the Legislature has further <br /> ided in the statute that: <br /> "Fulfillment of such construction requirements shall not be required 3` <br /> until such time as a permit or other grant of approval for development <br /> of the parcel is issued by the local agency or, where provided by local 4 <br /> ordinances, until such time as the construction of such improvements is <br /> required pursuant to an agreement between the subdivider and the local <br /> agency, except . . . that in the absence of such an agreement, a local <br /> agency may require fulfillment of such construction requirements within .IIs <br /> a reasonable time following approval of the parcel map and prior to the Elk <br /> issuance of a permit or other grant of approval for the development of �It <br /> a parcel upon a finding by the local agency that fulfillment of the con- <br /> struction requirements is necessary for reasons of . . . public health and <br /> safety; or . . . orderly development of the surrounding area." (Emphasise <br /> added.) <br /> While it is true that the words "shall" and "may" are mandatory or permissive <br />.ending upon the legislative intent (see Jacobs v. State Bar (1977) 20 Cal. 3d I�{ <br /> 198), ordinarily "shall" is mandatory and "may" is permissive. (California I <br /> :chess Assn. v. Governing Board (1977) 70 Cal. App. 3d 833, 842; County of <br /> ramento v. Superior Court (1971) 20 Cal. App. 3d 469, 472; Parks v. Superiors <br /> un (1971) 19 Cal_ App. Ad 188, 191.) When a statute contains both the words <br /> all" and"may;' it has been held that the former must be construed as mandatory '. <br /> i <br /> i <br />
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