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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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r <br /> J <br /> 178 ATTORNEY GENERAL'S OPINIONS [VOLUME 62 <br /> and the latter as permissive. (See Hogya v. Superior Court (1977) 75 Cal. App, <br /> 3d 122, 133 fn. 8; National Automobile etc. Co. v. Garrison (1946) 76 Cal. App, <br /> 2d 415, 417.) <br /> In light of these principles, we construe section 66411.1 as allowing a local <br /> agency to require the completion of the necessary improvements within a reasonable <br /> time after the parcel map has been approved' if no agreement has been reached <br /> setting an earlier date of completion pursuant to a duly adopted ordinance authoriz- <br /> ing such agreements. <br /> ti <br /> The second question deals with whether a local agency may demand security <br /> from the subdivider to insure that the improvements under section 66411.1 are ; <br /> constructed. Since construction cannot be required before recordation of the parcel <br /> map and the subdivider may sell the parcels after recordation, a situation may arise <br /> where a subdivision is without improvements and no longer in the hands of the <br /> subdivider. We conclude that security may be required of the subdivider to insure <br /> the construction of necessary improvements in subdivisions of four or less parcels. <br /> In subdivisions of five or more parcels, the Legislature has expressly provided <br /> that security be given by the subdivider to insure construction of the required <br /> improvements. As a condition for approving the final map where the improvements <br /> have not been completed, the local agency "shall require that performance . . . be <br /> guaranteed by the security specified in [sections 66499-66499.101." (§ 66462, <br /> subd. (c).) <br /> Although no similar statutory mandate can be found regarding security for <br /> divisions of four or less parcels, we note that section 66499 provides: "Whenever <br /> a local ordinance authorizes or requires the furnishing of security in connection <br /> l with the performance of any act or agreement, such security shall be . . . (a) Bond <br /> a <br /> or bonds . . . (b) A deposit . . . of money or negotiable bonds . . . (c) An <br /> instrument of credit. . . ." <br /> We believe that pursuant to an authorizing local ordinance a local agency may <br /> demand security from a subdivider to insure construction of improvements required <br /> under section 66411.1 inasmuch as (1) it would further the agency's mandated <br /> responsibilities of "[r}egulation and control of the design and improvement of <br /> subdivisions" (§ 66411), (2) it would be incidental to its power of requiring the <br /> construction of the improvements under section 66411.1, and (3) it would be <br /> pursuant to the implied authorization for demanding such security under section <br /> 66499. <br /> Moreover, as with the improvements for divisions of five or more parcels, a <br /> local agency may have a duty to maintain the section 66411.1 improvements and <br /> thereby "be entitled to demand a bond guaranteeing that the work of improvement <br /> would be done by the subdivider . . . ." (Evola v. Wendt Construction Co. (1959) <br /> 'Ordinarily, a parcel map with the required certificates and security is recorded by the <br /> county recorder within 10 days after approval (S,;(� 66464-66468.) If the 10 days for recorda- <br /> tion is extended by mutual consent of the subdivider and agency under section 66451.1, it <br /> would be possible for the construction to be completed before the map was actually recorded. <br /> �I <br />
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