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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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The legal issues revolve around how far can the <br />City go in imposing such conditions. The authority is the <br />proper exercise of the police power and the test is <br />reasonableness. <br />II. THE PROPER EXERCISE OF POLICE POWER <br />In attaching conditions to development approval, <br />whether it be dedications or in lieu fees, the city is <br />relying on the exercise of its police power. The police <br />power, even though established by common law, is set forth <br />in the California Constitution which states that "a county or <br />city may make and enforce within its limits all local, <br />police, sanitary and other ordinances and regulations not in <br />conflict with gerpral laws.(Article XI, $ 7)." <br />It is well established that the proper exercise of <br />that power does not constitute a taking or a deprivation of <br />property without due process of law. The courts have long <br />held that a state or city may take property without paying <br />due compensation when it acts reasonably under its police <br />power. The California Supreme Court in $e._._.lby E2AItj Co. vp <br />City of San Buenaventura, 10 Cal. 3d 1101 119 (1973), <br />stated: <br />It is too clearly established to require extensive <br />citation of authority that under certain <br />circumstances a governmental body may require the <br />dedication of property as a condition for its <br />development (see, e.g., Associated Borne Builders, <br />etc., Inc. v CitX of Walnut Creek, 4 dal. 13 633 p <br />639 et se .y1 Ayres v. City Council of Los Angeles, <br />34 Cam. �J1, � s <br />The 14th Amendment of the United States <br />Constitution prevents- arbitrary or unreasonable exercise of <br />the police power. 'Ho{w►ever, regulation under a proper <br />exercise of that power is due process, even though property <br />in whole or in part may be taken or destroyed, or burdens or <br />expenses of various types may be imposed. Due process is <br />not to be construed to put the federal, state and loca3, <br />governments into a straightjacket and prevent them from <br />adapting laws and regulations to the continuous change in <br />social and ,economic conditions which are constantly coming <br />within the field of their operation. regulations are <br />sustained under the complex conditions of today which but a <br />short time ago Might have been condemned as arbitrary and <br />unreasonable. Euclid v. Arnim Realt Co.. 272 U.S. 3551 <br />387 (192""A The-U-n-fted-states Supreme Court, in discussing <br />what traditionally has been known as the police poorer, <br />stated in Berman v. Pam, 349 U.S. 26 (1954) x <br />-2- <br />
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