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ORD 272 ORDINANCE NO. 272 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ADOPTING AN AMENDMENT TO TITLE 16 OF THE MUNICIPAL CODE, REGARDING COMPLIANCE WITH THE SUBDIVISION MAP ACT. WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes Municipal Code, Planning Commission public hearings were held on August 13, 27, and September 10, 1991, at which time all interested parties were given an opportunity to be heard and present evidence regarding an amendment to Title 16 of the Rancho Palos Verdes Municipal Code regarding the addition of Chapter 16. 32 which implements Sections 66469 through 66472 . 1 of the Subdivision Map Act; and WHEREAS, the Planning Commission adopted P.C. Resolution No. 91-44 recommending to the City Council approval of the Draft Negative Declaration of Environmental Assessment No. 628 and adopted P.C. Resolution No. 91-46 recommending to the City Council approval of an amendment to Title 16 regarding compliance with the Subdivision Map Act; and WHEREAS, after notice pursuant to the provisions of the Rancho Palos Verdes Municipal Code, City Council public hearings were held on October 1, 15, and November 6, 1991, at which time all interested parties were given an opportunity to be heard and present evidence regarding said amendment; and WHEREAS, on November 6, 1991, the City Council adopted Resolution No. 91-80 certifying the Negative Declaration of Environmental Assessment No. 628. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND ORDAIN AS FOLLOWS: Section 1: The City Council has reviewed and considered the amendment to Title 16 of the Municipal Code. Section 2: The City Council finds that the amendment to Title 16 is consistent with California Government Code Section 65853, zoning amendment procedures. Section 3 : The City Council finds that the amendment to Title 16 is consistent with the Rancho Palos Verdes General Plan and Coastal Specific Plan in that it upholds, and does not hinder, the goals and policies of those plans, in particular to carefully control and direct future growth towards making a positive contribution to all elements of the community. Section 4: The City Council further finds that the amendment to Title 16 is necessary to preserve the public health, safety, and general welfare in the area. I/ Section 5: For the foregoing reasons and based on the information and findings included in the staff reports and records of the p roceedings, the City Council does hereby ordain the adoption of the amendment to Title 16 of the Rancho Palos Verdes Municipal Code, as attached hereto as Exhibit "A" and incorporated herein by this reference. Section 6: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED, APPROVED AND ADOPTED this 19th day of November, 1991. - -------\- ,, 1 A _ ai A YO"S ATTEST: 12 / / / # i'w 1 A AILA J -� CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF RANCHO PALOS VERDES) I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes do hereby certify certif that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 272 , passed first reading on November 6, 1991, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on November 19, 1991, and that the same was passed and adopted by the following roll call vote: AYES: HUGHES, McTAGGART, RYAN, AND MAYOR PRO TEM BACHARACH NOES: NONE ABSENT: MAYOR HINCHLIFFE ABSTAIN: NONE le / 1! C l/ ITY CLERK. Ordinance No. 272 page 2 of 4 EXHIBIT "A" Chapter 16. 32 I/ CORRECTION AND AMENDMENT OF MAPS Sections: 16. 32 . 010 Requirements. 16. 32 . 020 Form and Contents 16. 32 . 030 Submittal and Approval by City Engineer. 16. 32 . 040 Filing with the County Recorder. 16. 32 . 010 Requirements. After a final or parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map for any of the following reasons: A. To correct an error in any course or distance shown thereon. B. To show any course or distance that was omitted therefrom. C. To correct an error in the description of the real property shown on the map. D. To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with responsibilities for setting monuments. E. To show the proper location of any monument which has been changed in location, or character, or originally was shown at the wrong location or incorrectly as to its character. F. To correct any other type of map error or omission as approved by the city engineer which does not affect any property right. As used in this section, the term "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final or parcel map. II G. To make modifications when there are changes in circumstances which make any of the conditions of the map no longer appropriate or necessary and which modifications do not impose any additional burden on the present fee owner of the property, and which modifications do not alter any right, title or interest in the real property reflected on the recorded map. A request for Ordinance No. 272 page 3 of 4 modification under this paragraph shall be set for public hearing by the city council in the case of a final tract map, in accordance with Section 16. 16. 020.8 of this Code, or the planning commission in the case of a parcel map, in accordance with Section 16. 12 . 020.8 of this Code. The city council or planning commission shall confine the hearing to consideration of, and action on, the proposed modification. A decision of the planning commission under this paragraph may be appealed pursuant to Section 16. 12 . 020.E of this Code. 16. 32 . 020 Form and Contents. The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and content of the amending map shall conform to the requirements of Section 16. 16. 030 of this Code for a final tract map and Section 16. 12 . 030 for a parcel map. The amending map or certificate of correction shall set forth in detail the corrections made and the names of the present fee owners of the property affected by the correction. 16. 32 . 030 Submittal and Approval by City Engineer. The amending map or certificate of correction, complete as to final form, shall be submitted to the city engineer for review and approval. The city engineer shall examine the amending map or certificate of correction and if the only changes made are those permitted by Section 16. 32 . 010 of this Code, the city engineer shall certify that fact on the amending map or certificate of correction. 16. 32 . 040 Filing with County Recorder. The amending map or certificate of correction certified by the city engineer shall be filed in the office of the county recorder. Upon such filing, the county recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index, respectively. Thereupon, the original map shall be deemed to have been conclusively so corrected, and thereafter shall imp art constructive notice of all such corrections in the same manner as though set forth upon the original map. I/ Ordinance No. 272, Exhibit "A" page 4 of 4 ORD. NO 272 RANCHO PALOS VERDES STATE 'OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING CITY OF RANCHO PALOS VERDES ) The undersigned, being first duly sworn, deposes and says: That at all times herein mentioned, she was and now is the appointed City Clerk of the City of Rancho Palos Verdes; That on , NOVEMBER 22, 1991 , she caused to be posted the following document entitled: ADOPTING AN AMENDMENT TO TITLE 16 OF THE MUNICIPAL CODE, REGARDING COMPLIANCE WITH THE SUBDIVISION MAP ACT. a copy of which is attached hereto, in the following locations: City Hall Los Angeles County Fire Station 30940 Hawthorne Blvd. Miraleste Station Rancho Palos Verdes 4000 Miraleste Plaza Rancho Palos Verdes - U. S. Post Office 28649 S. Western Ave. Ladera Linda Community Center Rancho Palos Verdes . 32201 Forrestal Drive Rancho Palos Verdes Hesse Park 29301 Hawthorne Blvd. Rancho Palos Verdes Park Rancho Palos Verdes 30359 Hawthorne Blvd. , Rancho Palos Verdes I certify under penalty of perjury that th foregoing is a true and correct affidavit of post' g. I /-411P • CITY CLERK 30940 HAWTHORNE BOULEVARD I RANCHO PALOS VERDES, CA 90274-5391 / (213)377-0360