Friday, October 17, 2008

TLC Catering - "Don't need no stinkin' permits!"

OK, the lights came on, but my troubles weren't over quite yet.

This letter - from the city itself - is the keystone of my case against the city and my neighbor. Other documents, from the health department files and from other city and county sources, establish other aspects of the problem, but the letter makes sense of all of it.

I found this singular piece of evidence the day before my second attorney consultation. The city never did - and never would - issue a home occupation permit for this business use of the property. The commissary did not exist at the time of this letter.

In addition, the following email exchange shows that the county never issued any conditional use permit to that property or owners prior to annexation.

From: Richard Behling
Sent: Tuesday, August 05, 2008 3:50 PM
To: ''
Subject: Request for copy of a specific home occupation permit

Dear Mr. Nelson,

I am directed to you - and I am sure you will direct this request to the very best person possible.
I am seeking copies of public documents, specifically the home occupation permit and its underlying application:

1. Issued by the County of San Joaquin (and grandfathered into Manteca),

2. In the name or names of: Lynda S Allen, Theresa A Brassey, and/or TLC Catering,

3. Located at 810 Fishback Street (or its earlier county address, 18594 South Fishback Road.)

Since City annexation of that parcel, all such requests of the county are directed back to Manteca offices. San Joaquin County has a longstanding reputation for requiring business licenses and home occupation permits for everything, so this should be fairly easy to determine if the home occupation permit ever was issued and still exists.

I would be pleased to pick these copies up in person as soon as they can be obtained by calling me. In the event this permit never was issued, please commit that result to writing and contact me as above.

Thank you.

Richard W. Behling

- - - - -

From: Martinez, Alma []
Sent: Thursday, August 14, 2008 5:03 PM
To: Richard Behling
Subject: FW: 18594 S. Fishback

Here is the email from the County Planning.

Alma Martinez

Planning Technician
Community Development Center

- - - - -

From: Patrick Crosby []
Sent: Thursday, August 14, 2008 4:56 PM
To: Martinez, Alma
Subject: 18594 S. Fishback

Hello Alma,

I checked computer records, which go back to 1992, and our address files. I was unable to locate anything for that address. I also looked under the names Lynda S. Allen, Theresa Brassey and TLC Catering, in several variations. I was not able to locate any records for any of them.

Thank You,
Patrick Crosby
Assistant Planner
San Joaquin County Community Development
1810 E. Hazelton Avenue
Stockton, CA 95205
209.468.3163 - Fax

For the entire run of their business, the owners of TLC Catering relied only on obtaining the sanitation permits required by the county health department, and never obtained permission to park their catering trucks or develop and run a full-service commissary on the property zoned as single-family residential.

All 22+ years...

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