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ORD 126 • t. 3* } • ORDINANCE NO 126 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES , CALIFORNIA, AMENDING THE SUBDIVISION ORDINANCE AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE . THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS : Section 1 . Chapter 10 of the Rancho Palos Verdes Municipal Code is hereby amended to read : CHAPTER 10 PART 1 - GENERAL PROVISIONS 91010 PURPOSE The purpose of this Chapter is to regulate the design and improvement of subdivisions, to coordinate subdivision Manning with the City ' s general and specific plans and to ensure that areas within subdivisions dedicated for public and community purposes will not become an undue tax burden in the future. A. This chapter is adopted to supplement the Subdivision Map Act, Government Code Sections 66410 , et sea. , and imposes requirements in addition to those set forth in the Subdivision Map Act. The provisions of the Subdivision Map Act shall govern the processing of subdivision applications except as otherwise provided herein. B. Any reference herein to the Subdivision Map Act, or a specific section thereof, shall refer to the Subdivision Map Act as most currently amended . In the event that a cited section has been renumbered, or combined with another section, the reference shall be to the most recent equivalent of the cited section. I 91011 CITATION, FEES , PROHIBITION A. This Chapter may be cited as the Subdivision Ordinance of the City of Rancho Palos Verdes. B . It shall be unlawful for any person, as a Principal , agent or otherwise to sell , lease, finance or transfer title to any portion of any subdivision or parcel of land in the City or to offer to do so, for which a tentative , final or parcel map or waiver certificate is required pursuant to the Subdivision Map Act or this Chapter , unless a parcel, tentative or final map or waiver certificate in full compliance with the Subdivision Map Act and this Chapter has been filed for record by the recorder of the county in which any portion of the . subdivision is located . . . SL32--2A C . Every person submitting a tentative or final tract or parcel map, application for a certificate of waiver, application for a certificate of compliance, appl i ca-- tion for a lot line adjustment or petition for reversion to acreage shall pay a processing fee in the amount established by resolution of the City Council D. A report by the Planning Commission or the City Council as to conformity to the General Plan required pursuant to Section 65402 of the Government Code as a result of a proposed division of land may be included as part of the resolution of the Planning Commission or the City Council on the action taken on such division of land. 91012 REQUIRED MAPS A. In addition to the tentative, final and parcel maps required pursuant to the Subdivision Map Act, the following requirements shall be met; 1 . A parcel map shall be required for any subdivision for which a tentative and final map is not required by the Subdivision Map Act except when the subdivi- sion Map Act specifically provides that a p arcel map shall not be required for a particular type of pro- ject or the requirement of a parcel map has been waived pursuant to Section 91021 of this Ordinance. 2 . A tentative parcel map shall be required for all subdivisions described by subsections ( a) through (d) of Section 66426 of the Subdivision Map Act and for subdivisions creating four or fewer parcels. 3 . No parcel maps shall be required for lot line adjustments. The applications for lot line adjustments shall be submitted to the Environmental Services Department on such forms and with such attachments as may reasonably be required by that department. The Director of Planning shall approve lot line adjustments, and in the event an applicant is dissatisfied by any action taken by the Director of Planning, the decision of the Director of Planning may be appealed to the Planning Commission within fifteen (15) days of the date of mailing a notice of the action of taken by Planning Director to the applicant. 4. A tentative and final map shall be required for a condominium project, stock cooperative project and community apartment project. 5 Tentative and final maps for initial construction or conversion of existing structures for residential occupancy shall conform to the criteria and standards of the City' s Development Code for the district in- which it is located. D. No map wall be approved unless ° pp nless it complies with the Subdivision Map Act, this Chapter .. e r and all conditions or requirements i mposed pursuant to the requirements thereof; provided, however,failure of a map � ever, that whn t o so comply is the result of a technical or inadvertent error which,f i n the. -2-» Ordinance No. 126 • t S832-3A determination of the Planning Commission, does not materially affect the validity of the map, the provision may be waived. C. All maps shall specifically provide for proper grading and erosion control including the prevention of sediriintation or damage to off-site property. CHAPTER 10 , PART 2 -- PARCEL MAPS 91020 PROCEDURES A. Pre-Filing Conference Prior to filing any map, the prospective subdivider shall, on appointment, meet with Environmental Services Department staff to discuss possible subdivision design, dedication requirements and any supplemental information the Planning Commission may require. A map shall not be considered as filed until all requirements and supplemental information and materials have been submitted to the Environmen- tal Services Department. B. Parcel Map Filing and Review 1. The subdivider shall file a tentative parcel map and all accompanying materials with the Environmental Services Department. The Director shall review the map and the accompany- ing materials and cause a report regarding the same to be forwarded to both the Planning Commission and subdivider . 2 . The Planning Commission shall hold a noticed public hearing on the tentative parcel map. Notice of the hearing shall be given pursuant to Section 66451.3 of the Subdivision Map Act and mailed notice shall be given to the subdivider and to all property owners within 300 feet of the proposed subdivision fifteen ( 15) days prior to the hearing. 3 . Dedications and reservations of property and on- site and offsite improvements may be required by the Planning Commission as a condition of approval as authorized by the Subdivision Map Act. 4 . The Planning Commission shall review all materials submitted and shall either approve, conditionally approve, or disapprove the map within 50 days of its filing and written notice of the decision of the Planning Commission shall be given to the subdivider; provided, however, that this time limit may be extended by mutual consent of the subdivider and the Planning Director . 5. Appeals Any person aggrieved by a decision of the Planning commission may appeal said decision to the City Council in writing within fifteen (15) y 15 days. A hearing before the City Council -3_ Ordinance No. 126 SB 3 2-4A shall be scheduled within thirty (30) days of such an appeal . Council may sustain, modify, reject, or overrule the Planning Commission decision. In any case, a decision must be rendered within ten (10 ) days of the conclusion of the appeal hearing, or, if the Council fails to act, the map shall be deemed to be approved. C. Required Content and Form The content and form of tentative and final parcel maps shall be governed by the requirements of the Subdivision Map Act and the map preparation require- ments adopted by resolution of the City Council. D. Expiration 1. Approved or conditionally approved tentative parcel maps shall expire within twelve (12) months, unless an extension within that twelve (12) months period is granted by the Planning Commission Said extension shall not exceed two (2) years. 2. Denial of extension by the Commission may be appealed in writing to the City Council with- in fifteen (15) days. E. Final Parcel Maw 1 . Said map shall be consistent with all the conditions, restrictions, and corrections upon which the tentative map was approved. Where possible, all conditions and restrictions shall be clearly and graphically denoted on the final. parcel map. Where such conditions and/or restrictions cannot be graphically denoted, they shall be clearly and conspicuously written on the final parcel map. When a tentative parcel map is approved without conditions or corrections, the tentative parcel map may serve as the final parcel map. 2. The Director shall review the final parcel map within ten (10) working days of its submittal. When found to be consistent with the conditions, restrictions and corrections of the approved or conditionally approved tentative parcel map, the Director shall cause the same to be sent to the subdivider and the County Recorder ; provided, however, that whenever dedictions are required that the map shall first be forwarded to the City Council for acceptance of such dedications, and the map shall be sent to the subdivider and the County Recorder ten days after such acceptance. 91021 WAIVER OF FINAL PARCEL MAP REQUIREMENT A. The following subdivisions may be eligible for a waiver of the requirement of a parcel maps -4- Ordinance No. 126 SB32-5A 1. Subdivisions described by subsections (a) through (d.) of Section 66426 of the Subdivision Map Act. 2. Subdivisions creating four ( 4 ) or less parcels. B. A tentative parcel map must be filed with the Environ- mental Services Department prior to initiating a request for a waiver of the parcel map requirement. C. A request for a waiver shall be made in writing and shall be signed by all the owners of record of the proposed subdivision. The request shall describe the subdivision and each proposed parcel and identify the tentative parcel map of the subdivision which has already been filed with the Environmental Services Department. The subdivider shall supply additional information when deemed necessary by the Planning Director . D. A waiver request shall not be approved unless the sub- divider completes or agrees to comply with any condi- tions of approval as if a parcel map were to be filed. A waiver request shall not be approved if substantial improvements or dedications will be required, the subdivision will substantially affect the rights of surrounding property owners, or the subdivision may have a significant affect on the enviriOment. E. A waiver request shall not be approved unless: ., 1. The Planning Director approves or conditional- ly approves the tentative parcel map. 2. The Planning Director finds that the descriP- tion of the subdivision in the waiver request conforms to the approved tentative parcel map. 3. The Planning Director finds that the proposed subdivision complies with the requirements of the Subdivision Map Act and this Chapter as to area, improvement and design, floodwater 'drainage control , appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection. II/ F. The request shall be granted or denied by the Planning Director within forty (40) days of its filing and the subdivider shall be notifed of the Planning Director 's action in writing; provided, however, that this time limit may be extended by mutual agreement between the Planning Director and the subdivider . G. When a waiver is granted, the Planning Director shall cause a Certificate of Waiver to be filed, within 15 working days after granting the waiver , with the recorder of the county in which any portion of the subdivision is located; provided, however , that whenever dedications are required, the Certificate shall first be forwarded to the City Council for acceptance of such dedications and the Certificate shall be filed 15 working days after such acceptance by the City Council . The Certif- ... -5- , Ordinance No 126 SB3 2--6A icate shall state that the requirement of a parcel map has been waived and that the parcels compris- ing the subdivision may be sold, leased , financed or transferred in full compliance with the Subdivi- sion Map Act and this Chapter . Certificates and acknowledgments relating to dedications and improve- ments shall appear on the Certificate of Waiver whenever such certificates and acknowledgements would be required for a parcel map pursuant to the Subdivision Map Act or this Chapter . CHAPTER 10 , PART 3 -- TENTATIVE AND FINAL TRACT MAPS 91030 PROCEDURES A. Pre--Filing Conference Section 91020-A regarding pre-filing conferences for tentative parcel maps shall apply. B. Tentative Tract Map Filing and Review 1. The subdivider shall file a tentative tract map and all accompanying materials with the Environ- mental Services Department. The Planning Commission shall review the.. map and the accompanying materials and cause a report regarding the same to be forwarded to the City Council and subdivider. 2. The City Council shall hold a public hearing on the tentative map. Notice of the hearing shall be given pursuant to Section 66451 .3 of the Subdivision Map Act, and fifteen ( 15) days ' mailed notice of the hearing shall be given to the subdivider and all property owners within three hundred ( 300) feet of said subdivision. 3. The City Council shall approve, conditionally approve, or disapprove the tentative tract map within the time limits provided by law, unless a definite extension of time is mutually 'agreed upon by the Council and the subdivider. If the City Council approves a tentative map, it must make affirmative findings supporting such approval . C . Required Content and Form The content and form of tentative and final tract maps shall be governed by the requirements of the Subdivision Map Act and the map preparation require- ments adopted by resolution of the City Council . D. Expirations Approved or conditionally approved tentative tract maps shall expire within twelve (12 ) months, unless an extension within that twelve (12 ) month period is granted by the City Councils Said extension shall not exceed two ( 2) years -6- Ordinance No. 126 SB32-7A E. Final Tract Map Filing and Review 1 . A Final tract map prepared by or under the direction of a registered civil engineer or licensed surveyor , along with all necessary certificates and acknowledgements, must be submitted to the Environmental Services Depart- ment before the expiration date of the approved or conditionally approved tentative tract map. 2. If required improvements and dedications are not completed, improvement and dedication agreements must be obtained before the final tract map can be filed. 3 . The Director shall review the final tract map and cause a report to be transmitted to the City Council regarding same. At the time the City Council approves the final tract map it shall also accept, accept subject to improve- ment or reject any offer of dedication pursuant - to Section 66477 . 1 of the Subdivision Map Act. CHAPTER 10, PART 4 -- DEDICATIONS, IMPROVEMENTS & REQUIREMENTS 91040 GENERAL REQUIREMENTS The standards and requirements of this Part shall apply to all final tract and parcel maps. Additional requirements may be added by either the Director, City Council , Planning Commission or the City Engineer. Exemption from these • requirements may be granted by the Director or by such person or agency prescribed herein. 91041 DEDICATIONS AND IMPROVEMENTS A. Public Streets, Highways, Alleys, Easements • 1. All streets, highways, alleys, ways, easements, rights-of-way, and parcels of land shown on the final tract map or parcel map and intended for 'public use shall be offered for dedication for public use by appropriate certificate on the title page. All irrevocable offers of dedication shall also be shown by appropriate certificate on the title page. 2. When vehicular access rights from any lot or parcel. to any highway or street are rests i.c ted, such rights shall be offered for dedication to the City of Rancho Palos Verdes by the appropriate certificate on the title sheet, and a note stating "VEHICULAR ACCESS RIGHTS DEDICATED TO THE CITY OF RANCHO PALOS VERDES" shall be lettered along the highway or street adjacent to the lots or parcels affected on the final map. 3 . All streets, highways, alleys, ways, ease- ments, and rights-of-way offered for dedication shall be developed and improved to the standards of the City of Rancho Palos Verdes. -7- Ordinance No. 126 • SB32-8A • B . Private Streets, Alleys, or Ways 1. Private streets, alleys, or ways will be permitted only when the welfare of the -occupants of the subdivision will be better served and the public ' s welfare will not be impaired through the use thereof or the kinds of improve- ments thereon. Such private street, alley , or way shall not be offered for dedication and shall be shown on the final tract or parcel map as parcels lettered alphabetically. 2. All such access ways shall be governed by maintenance agreements. Said agreements shall be approved by the City and made a part of the property deeds. C. Utility Easements Any public or private utility easements required by the various utilities or the City shall be shown on the final tract map or parcel map and dedicated to the appropriate agency by separate document. • D. Drainage Easements 1. When storm drains are necessary for the general use of lot or parcel owners in the subdivision and such storm drains are not to be installed in the streets, alleys, or ways of such subdivision, then the subdivider shall offer to dedicate upon the final tract or parcel map thereof the necessary rights-of--way for such facility. 2. When the property being subdivided, or any portion thereof, i s so situated as to be in the path of the natural drainage from adjoining unsubdivided property and no street, alley, or way within the subdivision is planned to provide for the drainage of such adjoining property, the subdivider shall dedicate drainage rights-of--way adequate to provide in the future 'for the ultimate drainage of the adjoining property. E . School Sites 1. City may require any subdivider who develops or completes the development of one or more subdivisions in the City to dedicate, pursuant to Section 66478 of the Subdivision Map Act, to the school district such land as the city shall deem to be necessary for the purpose of construct- ing thereon such elementary schools as are necessary to assure residents of the subdivision adequate public school service. F . Public Facilities 1. City may require that areas of real property within the subdivision be reserved for parks, -8- Ordinance No. 126 . S832-9A recreational facilities, fire stations, libraries or other public uses subject to the provisions of Section 66479 of the Subdivision Map Act. G. Supplemental Size of Improvements I. City may require that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity or number for the benefit of property not within the subdivision, and that such improvement be dedicated to the public pursuant to Sections 66485 and 66486 of the Subdivision Map Act. H. Off Site Improvements 1. The City may require dedication of improvements such as rights-of-way , easements , and construc- tion of reasonable off-site and on-site improve- ments for the parcels being created pursuant to the provisions of Section 66411 . 1 of the Subdivision Map Act. I . Park and Recreation Dedications and Fees 1. Intent This Part is enacted pursuant to the authority granted by Section 66477 of the Subdivision Map Act. The provisions of this Part shall not apply to any subdivisions exempted from dedica- tion requirements by Section 66477 of the Subdivision Map Act. 2. Requirements As a condition of approval of a final subdivision map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the City, for park and r. ecreational purposes at the time and according to the standards and formula contained in this Part. 3. General Standard 'It is hereby found and determined that the public interest, convenience, health, welfare and safety require that four acres of property for each 1,000 persons residing within this City be devoted to local park and recreational purposes. 4 . Standards and Formula for Dedication of Land Where a park or recreational facility has been designated in "Recreational Activities" , an element of the General Plan of the City, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision The amount of land to be provided shall be determined pursuant to the following standards and formula: -9-- Ordinance No 126 S332-10A Average No of Persons/Unit ... 1 , 000 population • park acreage standard (Example for single family DU: 3 . 6 -;- 1 , 000 = 0144 ac./U) 4 mhe following table of population density is to be followed: Density of Dwelling Average Dens i ty/DU Parkland Acreage/DU . ? to 6 DU/ac. 3 . 5 .0140 6 . 1 or more Du/ac. 2. 8 . 0112 Dedication of the land shall be made in accordance with the pro- cedures contained in Section 1-10 hereof. 5. Formula for Fees in Lieu of Land Dedication a. General Formula If there is no park or recreational facility designated in the General Plan to be. located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land , pay a fee equal to the value of the land prescribed for dedication in Section 1-4 hereof and in an amount determined in accordance with the provi- sions of Section I-7 hereof, such fee to be used for a local park which will serve the residents of the area being subdivided. b. Fees in Lieu of Land If the proposed subdivision is exempt under Government Code Section 66477 from dedication requirements but is subject to the requirement of fees in lieu of land or if the Council elects to require a fee in lieu of dedication, the subdivider shall pay a fee equal to the land value of the portion of the local park required to serve the needs of the residents of the proposed subdivision as prescribed in Section I-4 hereof and in an amount determined in accordance with the provisions of Section I--7 hereof . c. Use of Money The money collected hereunder shall be used only II for the purpose of providing park or recreational facilities reasonably related to serving the subdivision by way of the purchase of necessary land or , if the City Council deemed that there is sufficient land available for the subdivision, for improving of such land for park and recrea- • tional purposes. 6 . Criteria for Requiring Both Dedication and Fee In subdivisions of over 50 parcels, the City may require the subdivider to both dedicate land and pay a fee in lieu thereof in accordance with the following formula Ordinance No. 126 SB32--11 a. When only a portion of the land to be subdivided is proposed in the General Plan as the site for a local park , such portion shall be dedicated for local park purposes and a fee computed pursuant to the provisions of Section I-5 hereof shall be paid for any additional land that would have been required to be dedicated pursuant to Section I-4 hereof. b. When a major part of the local park or recrea- tional site has already been acquired by the . City and only a small portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedi- cated and a fee computed pursuant to the provisions of Section 1-5 hereof shall be paid in an amount equal to the value of the land which would otherwise have been required to be dedicated pursuant to Section I-4 hereof, such fees to be used for the improvement of the existing park and recreational facility or for the improvement of other local parks and recreational facilities in the area serving the subdivision. 7. Amount of Fee in Lieu of Land Dedication Where a fee is required to be paid in lieu of land dedication, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 1-4 hereof. The fee shall be paid pursuant to the provisions contained in Section I-14 hereof. The "fair market value" shall be determined at the time of filing the tentative map or parcel map. 8. . Determination of Land or Fee Whether the City Council accepts land dedication or elects to require payment of a fee in lieu. thereof, or a combination of both, shall be determined by consideration of the following: a. Recreational element of the City ' s General Plan. b. Topography, geology, access and location of land in the subdivision available for dedication. c. Size and shape of the subdivision and land available for dedication. d. The feasibility of dedication e. Availability of previously acquired park property. The determination of the City Council as to whether land shall be dedicated or whether a fee shall be charged, or a combination thereof, shall be final and conclusive . 9. Credit for Private Open Space Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the sub- division, partial credit, not to exceed • Ordinance No. 126 533 '-12A 50% , may be given against the requirement of land dedication or payment of fees in lieu thereof if the City Council finds that it is in the public interest to do so and that all the following standards are met: a. That yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; and b. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance, or restrictions; and c. That the use of the private open space is restricted for park and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City or its successor ; and d. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into considera- tion such factors as size, shape, topography, geology, access and location; and e. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the General Plan. Before credit is given, the City Council shall make written findings that the above standards are met. 10 . Procedure At the time of approval of the tentative subdivision map or parcel map, the City Council upon the recommendation of the Planning Commis- sion shall determine pursuant to Section I--8 hereof the land to be dedicated and/or fees to be paid by the subdivider. At the time of the filing of the final subdivi- sion map or parcel map, the subdivider shall dedicate the land or pay the fees as previously determined by the City Council . Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final subdivi- sion map or parcel map and shall be recorded contemporaneously with the final subdivision map or parcel map. J. improvement Standards Standards for design and improvement of subdivi- sions shall be in accordance with the applicable -12- Ordinance No. 126 SB3 2--13A sections of the Development Code, the General Plan, and any specific plans adopted by the City of Rancho Palos Verdes. . 91042 REQUIREMENTS A. Soils Report 1. A preliminary soils report, prepared by a civil engineer, registered in the State of California and based upon adequate test borings, shall be required for every subdivision for which a final tract or final parcel map is required . The preliminary soils report may be waived if the City Engineer finds that sufficient knowledge exists as to the soils qualities of the soils of the subdivision. 2. In the event the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot or parcel in the subdivision shall be required and must be r performed by a civil engineer registered in the State of California, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils Problem exists. The subdivision or any portion thereof where such soils problems exist may be approved if it is determined that the recommended action is likely to prevent structural damage to each structure to be constructed and that the issuance of any building permit shall be conditioned to include this recommended action within the construction of each structure involved . I B . Monuments At the time of making the survey for all final maps, the engineer or surveyor shall set sufficient durable monuments to conform with the standards of the Subdivi- sion Map Act and shall set the following additional monuments. 1. Exterior Boundary Monuments Prior to recordation of the final map, the exterior boundary of land being subdivided shall be adequately monumented. Boundary monuments shall show durable monuments of not less than two ( 2 ) inch iron pipe at least eighteen ( 18 ) inches long found or set at each boundary corner . 2. Interior Monuments a. Parcel lot corners shall be monumented with not less than one-half (1/2 ) inch iron pipe. In condominium--type projects where • -13- Ordinance No. 126 S532-14A • walls or structures define the parcel lines, no corner monuments need be set. b. Additional interior monumentation shall be indicated on the back edge of the adjacent sidewalk by scored line in the fresh concrete. C. Centerline monuments shall be set at the intersections, streets, alleys and ways, the beginning and ends of curves, and the points of intersections of tangents when such points fall within the paved roadway. Monuments shall be spikes not less than eight ( 8 ) inches long . . d. All monuments set as reauired herein shall be permanently marked or tagged with the registra- tion or license number of the engineer or surveyor under whose supervision the survey was made. 91043 BONDING AND IMPROVEMENT SECURITY A. Improvement Agreement Prior to the approval by the City Council of the final map, the subdivider shall execute and file an agreement between himself and the City, specifying the period within which he shall complete all improvement work to the satisfaction of the City Engineer , and providing that if he shall fail to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the subdivider . This agreement shall also provide for inspection of all improvements by the City Engineer and reimbursement of the City for the cost of such inspection by the subdivider. Such agreement may also Provide : 1. For the construction of the improvements in units; 2. For an extension of time under conditions therein specified; 3. For the termination of the agreement upon the 4, completion of proceedings under an assessment district act for the construction of improvements deemed by the City Engineer to be at least the equivalent of the improvements specified in such agreement and required to be constructed by the subdivider; and 4. For progress payments to the subdivider , or his order , from any deposit money which the subdivider may have made in lieu of providing .a surety bond; provided that no such progress payment shall be made for more than ninety (90) percent of the value of any installment of work; and provided further, that each such installment of work shall be completed to the satisfaction of the City Engineer . -14- Ordinance No. 126 SB32-- 5 1 A B. Subdivision Improvement Bonds To guarantee the performance of any action or agreement with regard to the proposed subdivi- sion, security shall be furnished in the following amounts: 1 . An amount determined by the City Engineer to be not less than one hundred ( 100) percent of the total estimated cost of the improvement or of the act to be performed, conditioned upon the faithful performance of the act or agreement; and 2. An additional amount determined by the City Engineer, not less than fifty (50 ) percent of the total estimated cost of the improvement, or 3. An amount determined by the City Engineer necessary for the guarantee and warranty of the work for a period of one (1 ) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. C Faithful Performance Bond , Monuments The monurlentat ion agreements shall be accompanied by a faithful performance bond in a sum equal to the cost of setting such monuments, guaranteeing the faithful performance of all such work of setting monuments and furnishing notes. D. Surety. Company Requirements All faithful performance bonds referred to in this section shall be furnished by a surety company rated A and AA and authorized to write the same in the State of California and shall be subject to the approval and acceptance by the City Attorney and City Council . E. Cash Deposits and Negotiable Bonds In lieu of any faithful performance bond required by this section, the subdivider may deposit with the City a sum of money or negotia- ble bonds equal to the required amount of such bond or security for the faithful perfor- mance thereof. I/ F. Improvement Security, Release The improvement security required hereunder shall be released in the following manner : 1 . Security given for faithful performance of any act or agreement shall be released upon the final . completion and acceptance of the act or work subject to the provisions of subparagraph (2 ) hereof 2. The City Council upon recommendation of the City Engineer may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefor by the -15- Ordinance No. 126 SB3 2-1 6A subdivider; provided , however, that no such' release shall be for an amount more than seventy-five (75 ) percent of the total improve- ment . security given for faithful performance of the act or work until final completion and acceptance of the act or work. In no event shall the City Council authorize a release of the improvement security which would e security reduc,. such security to an amount below that required to guarantee the completion of the act. or work and any other obligation imposed by this Ordinance, the Subdivision Map Act, or the improvem r ent agreement. PASSED, APPROVED AND ADOPTED THIS 2nd day of January , 1980. ,.....1",..... /(0.--6-fi LP. YOR ATTEST: LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF THE COUNCIL ,r,. , o. AL. I.4, t:„,z ,-, 1 HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 126 passed and adopted by the City Council of the City of Rancho Palos Verdes at a meeting thereof held this 2nd day of January, 1980-. LEONARD G. WOOD, CITY CLERK & . EX OFFICIO CLERK OF THE COUNCIL Adle-ged_i °PO /1,/elt—iii UT fCI,./ CLE'.4 r Page 16 Ordinance No. 126 -lo_ 4 RANCHO PALOSVERDES STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) The undersigned, being first duly sworn, deposes and says : That at all times herein mentioned, he/she was and now is the duly qualified and acting Deputy City Clerk of the City of Rancho Palos Verdes, California: That on the 4th day of January , 1980 , he/she caused to be posted in three conspicuous places , as required by law, Ordinance No. 126 (Subdivision) a copy of which is attached hereto, in the following public places in the City: CITY HALL RANCHO PALOS VERDES 30940 HAWTHORNE BOULEVARD LOS ANGELES COUNTY FIRE DEPARTMENT MIRALESTE STATION 4000 MIRALESTE PLAZA RANCHO PALOS VERDES CALIFORNIA RIDGECREST INTERMEDIATE SCHOOL 28915 NO RTH BAY ROAD RANCHO PALOS VERDES CALIFORNIA I certify under penalty of perjury that the foregoing is a true and correct affidavit of posting. LEONARD G. WOOD, CITY CLERK & EX OFFICIO CLERK OF` THE COUNCIL _ f 11AJ.,I ; of 11Z' ti AiiitANK I TY/ 2RK - ' 30940 HAWTHORNE BOULEVARD/RANCHO PALOS VERDES,CA_90274/(213)377.0360