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PROHIBITION OF ISSUANCE OF PERMITAS BY RESOLUTION PENDING AMEDMENT TO MUNICIPAL CODE REGULATIONS
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PROHIBITION OF ISSUANCE OF PERMITAS BY RESOLUTION PENDING AMEDMENT TO MUNICIPAL CODE REGULATIONS
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1/3/2012 1:31:39 PM
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Legal Opinions
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PROHIBITION OF ISSUANCE OF PERMITAS BY RESOLUTION PENDING AMEDMENT TO MUNICIPAL CODE REGULATIONS
Date
3/27/1974
Agency
City Attorney's Office
Notes
OPINION 74-14
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OPINION NO. 74-14 <br />PAGE THREE <br />amendment to an ordinance.' Rather,-the resolution purports to accom- <br />plish by formal action results that could be accomplished in an <br />entirely informal manner as noted under analysis to Question No. 1 <br />above. <br />V~here an application for a permit to construct a billboard <br />on the plaintiff's property was denied after the adoption of an amend- <br />ment prohibiting the erection of billboards in the area of the proposed <br />site, but before the effective date of the amendment, the permit was <br />held to have been properly refused in Chas. L. Harney, Inc. y. Board <br />of Permit Appeals (1961) 195 Cal App 2d 442, 15 Cal Rptr 870, revers- <br />ing a judgment which had granted a peremptory writ of mandate direct- <br />ing issuance of the building permit. The plaintiff landowner applied <br />for the permit on April 4, 1960. On April 21, 1960, the city planning <br />commission informed the plaintiff that it intended to submit to the <br />City Board of Supervisors an amendment prohibiting the erection of <br />billboards in the .area of the proposed site. The commission put aside <br />the application pending the proposed legislation which was adopted <br />some time before June 16, 1960, the date of the denial of the appli- <br />cation. The effective date of the amendment was July 23, 1960. The <br />plaintiff argued that its right to a permit had to be determined as <br />of the date of its application and could not be affected by an ordi- <br />nance subsequently adopted, and that the commission, in determining <br />whether to issue a permit, was not entitled to consider the provisions <br />of a future ordinance. The court, however, dismissed this contention,. <br />on the ground that there was no opportunity for any privilege to ripen <br />into a vested right, since no privilege is acquired until a permit is <br />issued. <br />On the basis of the above authorities, it is concluded that <br />the action of the Santa Ana City Council prohibiting issuance of <br />permits for construction of off-premise advertising signs by resolution <br />•pending amendment to regulations under the Santa Ana Municipal Code, <br />is proper. <br />Respectfully submitted, <br />!~ ~-~.c~ <br />K. George Kiraithe <br />Law Clerk <br />KGK:jc <br />-46- <br />
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