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HomeMy WebLinkAboutCT 94-01; Poinsettia Shores; Tentative Map (CT) (24)BY: XEROX TELECOPIER 7010 ; 6-23-94 11:19QM ;^^ '6194348367-? 23-94 THU 10:16 CITY >%RNEY FAX NO, 610-48367 P, 02 JUNE 22, 1994 TO: ASSISTANT PLANNING DIRECTOR FROM: City Attorney PLANNING COMMISSION MEETING/JULY 6, 1994 I have reviewed the staff reports for the above referenced meeting and have the following comments: U.S. WEST CELLULAR/CUP 94-04 1) Page three of the staff report references CMC section 21.46.020 as the ordinance which regulates the height of the roof screen for the antennas. This section would not apply in this case because the antennas are not one of the enumerated items in this section. Referencing this section would set an unwanted precedent by stating that there are no limits on the height of the screen for an antenna as long as it is no taller than necessary, This means a 100 foot antenna could have a 100 foot screen. The issue for CUP purposes is whether th'e height is compatible with the neighborhood. ,/ 2) Findings two, three and four in the resolution should be amended to include facts rather than merely stating the required conclusion without any reference to this particular case. The legal principle is that findings must be supported by facts. Otherwise, the court will disregard them. POINSETTIA SHORES MASTER TENTATIVE MAP/CT 94-01/HDP 94-03 The staff report does not clearly explain the relationship between the EIR and the mitigated negative declaration. The resolution approving the tentative map does not condition the approval on compliance with mitigation in the EIR. Did the EIR specify mitigation for this area? If the EIR included an environmental analysis of this area and concluded that there were no environmental impacts which need to be mitigated or the mitigation has already been completed, this should be stated in the staff report. If you have any questions or comments on this, please let me know. tEN J. HIRATA Deputy City Attorney afd c: Bobbie Hoder W ^ JUNE 7, 1994 TO: SENIOR MANAGEMENT ANALYST HODER ASSOCIATE PLANNER MUNOZ FROM: City Attorney PFF AGREEMENTS/KAIZA POINSETTZA CORPORATION AND SEA BLUFF ASSOCIATES At your request, I reviewed the above-referenced agreement. There are several problems with the agreement. The agreement is signed by Merrill Kirkpatrick but Mr. Kirkpatrick did not appear before the notary public, instead an alleged "attorney-in-fact" appeared before the notary. This is not a proper acknowledgment. The purpose of a notary public is to verify that the person who signed the document appeared before her and acknowledged that they executed the document. In the alternative, a person can witness a document by signing their name to it, and then bring the document in and the notary public will acknowledge the signature of the person as a subscribing witness. The subscribing witness must state to the notary public that they witnessed the signatory signing the document and also signed the document as a subscribing witness. There is no procedure in the law for a person to sign a document and then have someone else appear before the notary to notarize it for them. Mr. Hackett cannot be an "attorney-in-fact" for this purpose because the legal action is being taken by the notary public who is making the acknowledgment, not Mr. Hackett. However, we could accept the document based on the signature of Terry Hackett as general partner for Hackett Management Corporation because a corporation can be bound by the signature of only one general partner. The letter provided by Mr. Kirkpatrick states that Mr. Hackett has the authority to sign for Sea Bluff Associates as general partner for Hackett Management, but it is not a power of attorney to sign for Mr. Kirkpatrick and Mr. Kirkpatrick's signature is not notarized. However, I would be willing to accept it as authorization for one general partner to sign if the original letter is notarized. The blank on the first page cannot be filled in at this point unless th« document is initialed and re-notarized because the document cannot be changed after it is signed and notarized. However, it would be permissible to draw a line or put xx's in the blank so the county recorder will record it. This would not be changing the document in any way. What the developer should have done was write in "corporation and a partnership" in the blank. The document and the notarization should also clearly state that B- L 130, Ltd., is a general partner of Sea Bluff Associates. However, in this particular case I think the attached letter makes it clear. Please inform the parties that all future documents must be properly signed and notarized as explained above or they will not be accepted. If Mr. Hackett wants to sign as attorney-in-fact for Mr. Kirkpatrick as general partner of B-L 130, Ltd., Mr. Kirkpatrick must submit a power of attorney in the proper legal form (see Civil Code S 2475 attached) and Mr. Kirkpatrick's signature must be properly notarized. Also, please make sure that Kaiza Poinsettia Corporation and Sea Bluffs Associates are both owners of the property as well as the developers. If you have any questions or comments about this, please let me know. IEN J. HIRATA Deputy City Attorney afd attachment