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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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ATTORNEY79 <br /> GENERAL'SGENERAL'S OPINIONS I <br /> 19793 <br />,pgr1, <br />.70 Cal. App. 2d 21, 25.) As was stated in Hoover v. County of Kern (1953) 118 , <br /> App. 2d 139, 142: "One of the main purposes of the Subdivision Map Act <br /> xems to be to require the subdivider to do the original work of placing the streets <br /> aaintenance thereof is taken over by a city or <br /> a proper condition before the m <br /> county, <br /> and to relieve the public to this extent of the burden that would otherwise k i <br /> The general conditions and restrictions covering security arrangements under <br /> the Act (§§ 66499-66499.10) would of course be applicable to such demand. <br />' The conclusion to the second question, therefore, is that a local agency may <br /> require that the construction of offsite and onsite improvements pursuant to the <br /> provisions of section 66411.1 be secured as provided by the terms of sections I <br /> 66499-66499.10. <br /> The third question concerns whether a local agency can withhold approval for j <br />"development of parcels where (1) the construction of the section 66411.1 improve- <br /> ments has not been completed, (2) the construction is not secured under the pro- <br /> visions of the Act, (3) the parcel map has been recorded, and (4) the subdivider <br /> is no longer the owner of the property and is unavailable. We conclude that under <br /> such circumstances, approval of development can be withheld until the improve- i a <br /> amens have been completed. j <br /> 66411.1 speaks in general terms concerning when the <br /> First,we note that section i <br /> r� <br />_improvements must be made: "Fulfillment of such construction requirements shall <br /> not be required until such time as a permit or other grant of approval for develop <br /> issued b the local agency . . . . The statute only limits the <br /> went of the parcel is Y <br /> t be made, thus it does not prohibit the <br /> time within which the improvements mus <br /> Local agency from requiring completion of the construction by whomever seeks to ' <br /> L <br /> $evelop the parcels. <br /> i <br /> ' Second, any person who has purchased a parcel from the subdivider would { <br /> ing what improvements were necessary. As pre <br /> have constructive notice concern <br /> iously noted, section 66411.1 states in part: "Requirements for the construction �+ <br /> of such offsite and onsite improvements shall be noticed by certificate on the parcel <br /> ;map, on the instrument evidencing the waiver of such parcel map, or by separate <br /> instrument and shall be recorded on, concurrently with, or prior to the parcel map i <br /> or instrument of waiver of a parcel map being filed for record" Accordingly, put- <br /> "chasers of the parcels may nor reasonably claim ignorance of the recorded improve <br /> r. <br /> 'Ment requirements. Rather, they would be the successors in interest to the sub- <br /> nvider and subject to the recorded improvement restrictions placed upon the <br /> parcels. <br /> Third, purchasers of the parcels who seek development permits would be the j <br /> actual beneficiaries of any improvements made. A similar situation was presented in I <br /> Keizer v. Adams (1970) 2 Cal. 3d 976, 981, where the Supreme Court indicated <br /> that it would be equitable for a local agency to require the construction of necessary <br /> improvements by the purchasers"as a condition to the issuance of a building permit" <br /> ail <br /> -J I�1 <br />
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