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CIQ OF SAN BERNARDOo - REQUCT FOR COUNCIL AC;'ON
From:
Ralph H. Prince
Subject: Verification of petitions &
Applications by Declaration
Rather than Notarization
Dept:
City Attorney
Date: May 23, 1986
Synopsis of Previous Council action:
5/22/86
Legislative Review Committee recommended approval
of ordinance permitting verification of petitions
and applications for Planning matters by declaration
under penalty of perjury.
Recommen-:led motion:
Waive further first reading of ordinance and layover for final
adoption.
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Signatu re
Contact person:
Ralph H. Prince
Phone:
5255
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
None
Source:
N/A
Finance:
Council Notes:
An~nrl2 It~m Nn 41.
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C CITY OF SAN B~NARDIN&
MEMORAND~
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To JACK STRICKLER, Chairman
Legislative Review Committee
Subject Planning Letter of Authorization
_ Declaration in Lieu of Notarization
From RALPH H. PRINCE
City Attorney
Date May 21, 1986
Approved
Date 760.3 750.17
You have requested that another form of verification of the
Planning Department's Letter of Authorization for planning
applications to replace the current practice of subscribing and
swearing before a Notary Public, be presented to the Legislative
Review Committee with the appropriate ordinance.
The reason for this request is that Notaries Public are scarce
and often unavailable at the time an owner authorizes an agent or
developer to proceed with an application. The proposal would
expedite the processing of the application and would reduce the
cost to the applicant.
Code of Civil Procedure Section 2015.5 permits a declaration
under penalty of perjury to be used in lieu of a sworn statement
required under any law or rule or regulation of this state.
The Letter of Authorization of the Planning Department would be
modified to read as follows:
"This letter shall serve to notify you and verify
that I/we am/are the legal owner(s) of the property
described in Exhibit B attached hereto and do
hereby authorize:"
The verification and declaration under penalty of perjury would
be inserted before the signatures of the legal owners as follows:
"I/we am/are the legal owners of said
property; have read the foregoing letter of
authorization and know the contents thereof;
and do hereby certify that the same is true
of my/our own knowledge.
I/we certify (or declare) under penalty
of perjury under the laws of the State of
of California that the foregoing is true and
correct."
A space for the place where the Declaration is executed by the
owners would be inserted. The notary public statement would be
deleted. The Planning Director and Planning Commission should
review and modify or approve the revised Letter of Authorization.
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Jack Strickler, Chairman
Page Two
May 21, 1986
A San Bernardino Municipal Code Section 19.76.010 amendment to
require the verification under penalty of perjury and to remove
the requirement of attestation before a notary public is attached.
Attestation before the City Clerk would be retained and the
language would be expanded to included applications as well as
petitions.
;(,Llt) H/f?~v
RALPH H. PRINCE
City Attorney
RHP:ca
cc: Planning Director
Attach: Current and Revised Letter of Authorization
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~ CITY OF SAN BERNARDINO PLANNING DEPARTMENT ~
~ LETTER OF AUTHORIZATION ~
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TO: CITY OF SAN BERNARDINO PLANNING DEPARTMENT
FROM; (NAME):
(olDDI'lESS):
(TEL. NO.):
REi APPLICATION NUMBER (5);
THIS LETTER IS TO NOTIFY YOU THAT I (WE), AS LEGAL
OWNERlSl OF THE PROPERTY DESCRIBED IN EXHIBIT "B"
(ATTACHED) HEREBY AUTHORIZE:
(NAME):
(ADDRESS):
(TEL. NO.):
TO FILE AND REPRESENT MY (OUR) INTEREST IN THE ABOVE
REFERENCED APPLICATION (5).
SIGNATURElS) OF
LEGAL OWNER(S) ;
DATK
OATI
DATI
SUBSCRIBED AND SWORN TO
BEFORE ME THIS
DAY OF ,19_.
NOTARY PUBLIC
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CITY OF SAN BERNARDINO PLANNING DEPARTMENT
LETTER OF AUTHORIZATION
FROM:
CITY OF SAN BERNARDINO PLANNING DEPARTMENT
(NAME):
(ADDRESS) :
(TEL. NO.): ( )
RE: APPLICATION NUMBER(S):
TO:
THIS LETTER SHALL SERVE TO NOTIFY YOU AND VERIFY THAT I/WE AM/ARE
THE LEGAL OWNERS OF THE PROPERTY DESCRIBED IN EXHIBIT B ATTACHED
HERETO AND DO HEREBY AUTHORIZE:
(NAME):
(ADDRESS) :
(TEL. NO.): ( )
TO FILE AND REPRESENT MY/OUR INTEREST IN THE ABOVE REFERENCED
APPLICATION(S).
I/WE AM/ARE THE LEGAL OWNERS OF SAID PROPERTY; HAVE READ THE
FOREGOING LETTER OF AUTHORIZATION AND KNOW THE CONTENTS THEREOF;
AND DO HEREBY CERTIFY THAT THE SAME IS TRUE OF MY/OUR OWN
KNOWLEDGE. I/WE CERTIFY (OR DECLARE) UNDER PENALTY OF PERJURY
UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS
TRUE AND CORRECT.
SIGNATURE(S) OF LEGAL OWNER(S):
(DATE AND PLACE)
(DATE AND PLACE)
(DATE AND PLACE)
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I ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
19.76.010 OF THE SAN BERNARDINO MUNICIPAL CODE TO PERMIT
3 VERIFICATION OF PETITIONS AND APPLICATIONS FOR PLANNING MATTERS
BY DECLARATION UNDER PENALTY OF PERJURY.
4
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
6 SECTION 1. Section 19.76.010 of the San Bernardino
i Municipal Code is amended to read:
8 "Section 19.76.010 Form
9 The Commission shall, in its rules of procedure, prescribe
10 the form and scope of all petitions and applications provided for
1] in this title, and of the accompanying data to be furnished, so
12 as to assure the fullest practicable presentation of facts for
13 proper consideration of the matter involved in each case and for
14 a permanent record thereof. Any petition or application provided
15 for or pursuant to this title shall, except when otherwise
16 prescribed by the Commission, be verified by at least one of the
17 petitioners or applicants by declaration under penalty of perjury
18 or attested and sworn to before a notary public or before the City
19 Clerk.
20 I HEREBY CERTIFY that the foregoing ordinance was duly
2] adopted by the Mayor and Common Council of the City of San
22 Bernardino at a meeting thereof,
23 held on the day of , 1986, by the
24 following vote, to wit:
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Council Members
AYES:
3 NA YS:
4 ABSENT:
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City Clerk
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The foregoing ordinance is hereby approved this
day
of
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
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City Attorney
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ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER
19.80 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO THE
3 BOARD OF ARCHITECTURAL REVIEW.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
5
6 SECTION 1. Chapter 19.80 of the San Bernardino Municipal
7 Code is hereby repealed.
8 I HEREBY CERTIFY that the foregoing ordinance was duly
9 adopted by the Mayor and Common Council of the City of San
10 Bernardino at a meeting thereof, held on
11 the day of , 1986, by the
12 following vote, to wit:
13 AYES:
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15 NAYS:
16 ABSENT:
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City Clerk
The foregoing ordinance is hereby approved this
day
21 of
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, 1986.
Mayor of the City of San Bernardino
Approved as to form:
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27 City Attorney
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