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AgdaPkt 2010-11-22 clsd and regular
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AgdaPkt 2010-11-22 clsd and regular
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Last modified
7/9/2012 11:22:57 AM
Creation date
11/18/2010 5:05:06 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council and Redevelopment Agency
Date
11/22/2010
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8.A <br /> Appeai of Issuance of Architt...ural Pe►mit (Residential Use) pag P�� 44 <br /> Supplemental Submission /Statement of Reasons or Grounds for the Appeal 10/22/2010 <br /> support of the Appeal no later than November 15, 2010, or the last permissible date, <br /> whichever is later. I <br /> FURTHER NOTICE IS HEREBY GIVEN that Appellants consent to the hearing date of <br /> November 22, 20 ] 0, only under the strongest protest, and assert that (a) the very process <br /> of determining the date for the Appeal hearing was in and of itself a violation of <br /> Appellants' rights of due process and equal protection, in that the decision to select <br /> November 22, 2010 as the administrative hearing date was, on information and belief, <br /> arbitrary and not based on the actual facts and circumstances present, nor on sufficient <br /> prior experience on the parts of the City Manager, City Attorney, or City Clerk with <br /> respect to determining the reasonable, legitimate needs of these specific Appellants to <br /> prepare for this specific type of appeal; and (b) the unreasonably short period which <br /> Appellants consequently have available to prepare their Appeal in this administrative <br /> proceeding deprives Appellants of their rights to Due Process and Equal Protection, as <br /> guaranteed in the U.S. and California Constitutions and relevant statutes and regulations. <br /> Appellants expressly reserve the right to seek postponement by judicial or otl�er means of <br /> the Appeal hearing date until such time as Appellants have had reasonable and sufficient <br /> time to prepare a11 necessary or helpful materials to present at the Appeal. <br /> Appellants �rm that they will make a reasonable good-faith effort to have all such <br /> materials prepared by November 15, 2010, but state for the record ihat this probably will <br /> not be possible for many ]egitimate reasons, a11 previously conveyed in detail to the City <br /> Manager, City Attorney, and City Clerk in an email dated October 14, 2010. <br /> Consequently, Appellants hereby again requests that the Appea] hearing be postponed for <br /> I an additional 60 days. <br /> TIMELY SUBMITTED: October 22, 2010 <br /> BY: <br /> Marc Warsowe <br />
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