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OFFICE OF THE CITY ATTORNEY <br />OPINION NO. 73-51 <br />August 10, 1973 <br />SUBJECT: Planning Commission Approval of Acquisition <br />or Disposal of Real Property <br />REQUESTED BY: Director of Planning <br />OPINION BY: James A. Withers, City Attorney <br />By Charles J. Liberto, Assistant City Attorney <br />QUESTION: Should the approval of the Planning Commission <br />be obtained before acquisition or disposal <br />of real property for park purposes? <br />ANSWER: Yes, Section 27-20 of the Santa Ana Municipal <br />Code requires that acquisition or disposal of <br />City real property must first be submitted to <br />the City Planning Commission for review and a <br />report that said disposal or acquisition complies <br />with the appropriate portion of the adopted master <br />-- plan of the City . <br />ANAT.YSTS <br />The Planning and Zoning law of the State of California, <br />Title VII, Chapter 3, Article VII, Section 65402 of the Government <br />Code requires that if any general plan or part thereof has been <br />adopted, no real property shall be acquired by dedication or other- <br />wise for park purposes, and no real property shall be disposed of, <br />if the adopted general plan or part thereof applies thereto, until <br />the location, purpose and extent of such acquisition or disposition, <br />has been submitted to and reported upon by the Planning Commission <br />as conforming with said adopted general plan or part ti-~~reof. The <br />Zoning and Planning law, particularly Government Code § 65402 is not <br />applicable to the City of Santa Ana, as a chartered city, except to <br />the extent that the City by charter or ordinance has adopted its <br />provisions. (Government Code ~ 65700) <br />The Santa Ana City Council has adopted the essence o~f <br />the provisions of Government Code ~ 65402 by the enactment of <br />Ordinance NS-323 pertaining to Santa Ana Planning Code, Chapter 7, <br />Article II, Section 27-20 which reads as follows: <br />"After the adoption of all or any portion of the <br />master plan, before the acquisition of property by <br />dedication or other procedures for use as a street, <br />100 <br />