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A <br />t <br />VIII. JUDICIAL REVIEW <br />if a developer is dissatisfied with any dedication <br />or fee condition and before it is.challenged in court, the <br />developer must exhaust the necessary administrative <br />remedies. Exhaustion of administrative remedies is not a <br />matter of judicial discretion, but rather is jurisdictional. <br />Grant v. Superior Court, 80 Cal. App. 3d 606, 609 (1978). <br />No only must the developer exhaust the administrative <br />remedies by appealing any decision up the appellate <br />administrative ladder within the city, for example, <br />appealing to the City Council, the Jeveloper <br />must also raise the issues at the various publ. hearings <br />where the matter is discussed or in written correspondence. <br />Coalition for Student Action v. Cit of Fullerton, 153 Cal. <br />App. 3d 1194 � (1984). (Also see 50n relating to housing <br />projects and the need for the city to so notify persons of <br />this .requirement in the notice of hearing). <br />In addition, the developer must adhere to the <br />various statutes of limitationthat ahalaws�itg any mustdbeication <br />fil�ed <br />requirements. This means <br />within these periods time. The most common statute of <br />limitations are: <br />(a) conditional use or other permits; <br />variances -_ 90 days; plus summons mast be served within 120 <br />days (S 65907) . <br />(b) subdivision approval 90 days plus <br />summons must be served (5 66499.37). <br />(c) genera l 'spec i f i c plan; toning -- 130 <br />days plus summons must be served (S 65009)* <br />(d) Local option a city may enact a <br />shorter period of tis► under Code Of Civ. Froc. 10, <br />90-day rule, 30,-slay statute of limitations was upheld in Pan <br />Pacific Pro roes, 8.. Countf Sam C� 81 C <br />pP� ( )* <br />In addition, Section 66475.4, relating to <br />subdivisions, provides that if a developer has protected at <br />the administrative leuel the i .p'osition of dedication <br />requirement which is claimed to tK excessive and after it <br />has been challenged in court, the court shall order the <br />city, if it determines such a requirement to be excessiv <br />to elect to take one of the following actionsi (1) t <br />require &mendment of the tentative subdivision map or <br />redesign of the subdivision taking into account the court's <br />decisions or (2) to pay compensation* <br />-24- <br />