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,. 10/02/2008 THU 14: 06 FAX 209 472 7986 '&+"" <br /> T11 W 116 <br /> •HETZ[�_NI GT���3Z'RE�.E+'���1�C�.�11.��'"4 <br /> Auto rn eys At Law <br /> . t <br /> Brett 5.Jolley <br /> bjolley@herumerabtree.com <br /> October 2, 2008 <br /> VIA FACSIMILE <br /> Kerry Sullivan <br /> Community Development Director <br /> 1810 E_ Havelton Ave. <br /> Stockton, CA 95205-6232 <br /> Re: Harvest S_ible_Church Use Permit: PA-0600287 <br /> Dear Kerry: <br /> As a follow up to our phone conversation this morning, this office represents Ha west Bible <br /> Church on application PA-0600287, currently scheduled for hearing before the Planning <br /> Commission this evening. <br /> As we understand the situation, one or more Morada area residents recently expressed <br /> concern that they did not receive written notice of the hearing 10 days in advance of the <br /> bearing, despite submitting comment letters on the church project and/or making oral <br /> requests to planning staff for written notice of the hearing. Having researched the issue; <br /> we believe your department correctly noticed the hearing as required by State law. <br /> Specifically, requests for notice of hearing are governed by Section 65092 of the <br /> Government Code, which states in relevant part: u <br /> [' be notice shall also be mailed or delivered at least 10 days prior to the <br /> bearing to any person who has Filed a written request for notice with <br /> either the clerk of the governing body or with any other person designated by <br /> the governing body to receive the requests. (emphasis added) <br /> Moreover, Section 65093 further explains that failing to receive notice is non-prejudicial: <br /> The failure of any person or entity to receive notice given-pursuant to this <br /> title...shall not constitute grounds for any court to invalidate the actions of a <br /> r local agency for which the notice was given_ <br /> M <br /> As we understand the situation, none of the opponents filed such a written request with the <br /> County and neither oral requests for notice nor here comment letters trigger the expanded <br /> notification requirement. Thus the Community Development Department had no <br /> obligation to serve special notice of hearing on these individuals and the hearing notice <br /> procedure: followed by the County is proper. <br /> 2291 Wes+)Merck Lave-, Suite 13100 S#ocf<toh, CA 95207 <br /> ,' • Tel 209.472.7700 9 'Fax 209.472,7980 • 209.525.8444 <br /> { <br /> J � �Yof�sSiovic�i Gorpoau�iov� <br />