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♦ <br /> JOHNF. C LE <br /> COUNTY UNSEL <br /> PATRICIA M. FREDERICK <br /> PATRICK N. CURRAO[PYTTCOUNT <br /> COUNSEL <br /> GEORGE N. ON <br /> CNIEF LITIGATION DEPUTY OFFICE OF THE DEPUTY COUNTY <br /> eou NEeL <br /> MICHAEL MCOREW REBECCA DAVISo EPUTY COUNTY COUNSEL <br /> CHIEF DEPUTY COUNTY COUNSEL FRANK V. BRUNO. JR <br /> TERRENCE R.-CERMODY 'O[NTCOURY}DpuMeEt " <br /> CHIEF OEPUTY COUNTY OF.SAfi JOAQUIN aAVID T.,MwvaEM <br /> O[PY TY COUNECL <br /> COURTHOUSE, ROOM 711 ' ' COUNTY <br /> 222 EAST WEBER AVENUE GILBERTO OUTI E RREZ <br /> DEPUTY COUNTY COUNSEL <br /> STOCKTON, CALIFORNIA 95202 SANDRA MICHAEL AFFONSO <br /> TELEPHONE 944-35 31 (AREA CODE 1081 DEPUTY COUNTY COUNSEL <br /> °AVID WOOTEN <br /> -, OEVUTY COUNTY COUNSEL <br /> LGAARD SNEAFFER <br /> JANINE MO <br /> April 2 , 1987 DEPUTYCOUNTYCOUNSEL <br /> is <br /> APR <br /> San Joaquin County Planning Commission ENVIROMENTAL HEALTH <br /> 1810 East Hazelton Avenue FERMIT/SERVICES <br /> Stockton , California <br /> Re: Major Subdivision Application No. SU-87-10 of Woodson <br /> Estates <br /> Dear Commissioners : <br /> Due to my inability to attend the Planning Commission hearing <br /> scheduled for Thursday, April 2 , 1987 , I am sending this letter <br /> in regards to a particular legal concern I have about the Major <br /> Subdivision Application of Woodson Estates . The Planning staff <br /> has informed you that the one year statutory time period for <br /> taking action on this subdivision application is about to expire . <br /> Consequently, it is essential that you not only determine the <br /> issue on appeal regarding the requirement for an EIR, but also <br /> take action by either approving or disapproving the underlying <br /> project at tonight' s meeting . Government Code Section 65950 spe- <br /> cifically states that a public agency must approve or disapprove <br /> a project within one year from the date on which application has <br /> been received and accepted as complete when a environmental <br /> impact report is being considered. The statute further states, <br /> in Section 65956 , that the agency' s failure to act to approve or <br /> to disapprove a development project within the time limits <br /> required by this article shall be deemed approval of the develop- <br /> ment project . Additionally, failure of an applicant to submit <br /> complete or adequate information may constitute grounds for <br /> disapproving a development project . ( Section 65956 (c) ) <br /> This maximum statutory requirement was recently upheld in the <br /> 1986 case of Palmer v. City OIai (178 Cal .App.3d 280 ) . In this <br /> case, the court ordered automatic approval of a development pro- <br /> ject for a subdivision, conditional use permit and building per- <br /> mits when the city failed to act within the one year time limit . <br /> Thus , the court has ruled that these statutory deadlines should <br /> not be taken lightly. <br />