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Also, Section 65913.5 permits any party to protest <br />within 90 days the imposition of exactions or fees in <br />accordance with a specified procedure, including tendering <br />any required payment in full or insuring performance of any <br />necessary conditions. Any party who so protests may file <br />within 180 days an action in court to attack those <br />conditions. If a developer uses the procedure, a city <br />cannot use this as a basis to withhold approval of his <br />project. This law is only applicable to residential housing <br />developments. However, under subsection (c) of <br />Section 65913.5, the city can make certain findings whereby <br />such conditions are necessary for the public health, safety <br />and welfare and t.'oen such approval shall be suspended <br />pending withdrawal of the protest. This 1984 legislation <br />was an attempt to modify case law to permit a developer to <br />obtain the benefit of going ahead with the development after <br />protesting and then allowing the developer to subsequently <br />litigate the validity of a contested dedication or a fee. <br />(Pfeiffer v. City of La Mom, 69 Cal. Asap. 3d 74 (1977).) <br />CONCLUSION <br />In using its authority to impose conditions of <br />dedication or the payment of fees upon a proposed <br />development, the city is relying on one of its most <br />important powers,, the police power, that is, the power to <br />adopt ordinances and regulations to protect the public <br />healtho safety and public welfare of its presidents, <br />Berman v. barker, 348 U.S. 36 (1954). The pAalice power <br />eft nds too oct i ve s in furtherance of the public pence <br />safety, moralst health and welfare and *ls not a <br />circumscribed prerogative, but is elastic andp in keeping <br />with the growth of knowledge and the belief in the popular <br />mind Of the need for its application, capable of expansion <br />to meet existing conditions of warn life." perkenfeld v <br />C' t of Berkeley* 17 Col. 3d 119. 160 (1925)� ate <br />listice tam . Douglas inBerman* qua.. pg. 311 stated <br />*The concept of the public we are is road and inclusive <br />f cltfl . The values it represents are spiritual as well as <br />physical, aesthetic as well as monetary. It is within the <br />power of the L#9i#lature to deterxine that the compunity <br />should be beautiful as + ll as healthy, spactou.s as well as <br />clean, well balanced as +11 as carefully patrolled.* As <br />the California Supreme court in Metromadi4 Inc. V SAW of <br />Ban Wo, 36 W. 34 $48 (19801 stated twat t s statement <br />ust Douglas is recognized oas a correct description <br />of the author i tY of a state or a city to ensct legislation <br />under the peal i ce power.* <br />In ercerci®ing this police power the city, however, <br />Suet act reasonably and not infringe on constitutionally <br />protected due procar- rights.However* California courts <br />"25- <br />