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Last modified
2/20/2024 4:49:18 PM
Creation date
2/20/2024 4:37:02 PM
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Planning Files
Planning Files - Planning File #
1912
Planning Files - Type
Zoning Text Amendment
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Act M 65920 et sec.). Under certain circumstances if the <br />city has formally taken strips to change its requirements it <br />can attach the new requirements (5 66474.2). <br />Also, under Section 6596i conditions which could <br />have been placed on a tentative map cannot be placed on a <br />subsequent building permit or other type of permit for <br />residential construction with the following exceptions: <br />(a) More than 5 years have passed since the <br />final map was recorded; <br />(b) The condition is necessary to protect <br />public health and safety; <br />(c) It is necessary to impose the condition <br />to comply with state or federal law; or <br />(d) The condition is necessary to insure <br />compliance with applicable zoning ordinances. <br />Section 65961 does not prevent the application of <br />school impact fee requirement in effect at the time of the <br />issuance of a building permit which was not in effect at the <br />time of tentative map approval. Laguna Village, Inc. v., <br />Cow of oran e, 166 Cal. App. 3d 125 )0 <br />D. Building Permits <br />Conditions for dedication and payment of fees can <br />be required as a condition of issuance of building permits. <br />Until recently, issuance of building permits was viewed as a <br />right as long as building codes and zoning regulations were <br />complied with. Sunset View Cemetery Assertion v .. Kraint&, <br />196 Cal. App. 2do 1157W611 However, recently, case" vi <br />upheld local regulations which treat issuance of building <br />permits as discretionary and place requirements, in the <br />nature of exactions, on their issuance. Slagle Construction <br />Co. v., Count ofContra Costa, 67 Cal. Ap" Yd 599 J <br />It is important to no� t��erough that if a city is going <br />to attach conditions of dedications to building permit <br />issuance they should have such enabling authority written <br />into the ordinance. luny cities still have their building <br />crude ordinances written in such a way that it could be only <br />interpreted that issuance of a building permit is a <br />ministerial act. <br />..23- <br />
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