ORD 448
ORDINANCE NO. 448
AN ORDINANCE OF THE CITY COUNCil OF THE CITY
OF lA QUINT A. CALIFORNIA. AMENDING SECTIONS
13.04.070 AND 13.28.040 OF THE lA QUINTA
MUNICIPAL CODE RELATING TO SECURITY FOR
SUBDIVISION IMPROVEMENTS
WHEREAS. the Subdivision Ordinance contained within the la Ouinta
Municipal Code (Chapter 13) does not differentiate between subdivision
improvements which are to be privately owned and those that are to be publicly
owned for purposes of providing security to insure their installation;
AND WHEREAS, the Subdivision Map Act does not mandate the requirement
of security for improvements which are to be privately owned;
AND WHEREAS, the City nonetheless has and wishes to continue to ensure
the performance of the on-site. private common area improvements, and therefore
wishes to continue to require performance security which ensures that the
installation of such private improvements for the benefit of the lot owners;
AND WHEREAS, the City does not wish to require labor and material bonds
for on-site, private improvements, such as private streets, inasmuch as the
property upon which they are located is privately owned and is subject to liens;
AND WHEREAS, the City desires to avoid the need for subdividers to incur
the expense of providing this type of security for private improvements.
THE CITY COUNCil OF THE CITY OF lA QUINTA DOES HEREBY ORDAIN
AS FOllOWS:
SECTION 1. Section 2.06.020(B) of the la Ouinta Municipal Code is hereby
amended to read as follows:
"Improvement" means any street work and utilities to be installed, or
agreed to be installed, by the subdivider on the land to be used for
public or private streets, highways, and easements, as are necessary
for the general use of the lot owners in the subdivision and local
neighborhood traffic and drainage needs as a condition precedent to
the approval and acceptance of the final map. It also refers to any
other specific improvements or types of improvements, the installation
of which, either by the subdivider, by public agencies, by private
utilities, by any other entity approved by the local agency, or by a
Ordinance No. 448
Municipal Code! 13.04.070 & 13.28.040
Subdivision Security
Adopted: December 18. 2007
Page 2
combination of them, is necessary to ensure consistency with, or
implementation of, the general plan or any applicable specific plan.
"Improvements" shall either be "Private Improvements", which
retained by the subdivider, the lot owners, and/or an association of
owners within the subdivision, or "Public Improvements", which are
intended to be owned by, or dedicated to, the City or another public
agency.
SECTION 2. Section 13.28.040 of the La Ouinta Municipal Code is hereby
amended to read as follows:
Security in guarantee of the performance of any act or agreement shall
be in the following amounts:
A.. Performance Security. One hundred percent of the total
estimated cost of the public and private improvements or the act to be
performed, which shall include all survey monumentation, design,
construction and construction engineering;
B. Labor and Material Security. One hundred percent of the
total estimated cost of the public improvements or act to be
performed, securing payment to the contractor, the subcontractors
and to persons furnishing labor, materials or equipment to them for the
improvement or the performance of the required improvement or act.
Labor and materials security shall not be required for private
improvements or monumentation;
C. Warranty Security. Ten percent of the total estimated
cost of public improvements necessary to guarantee or warranty the
work against any defective work or labor completed, or defective
material provided, for a period of one year following the completion
and acceptance of the work. Warranty security shall be provided after
improvements are complete and accepted/approved by the city council
and prior to or concurrently with the final release of performance
security. Warranty security shall not be required for private
improvements or monumentation;
D. Deferred Improvements. One hundred percent of the pro
rata cost of deferred improvements which are a condition of
subdivision map approval, but which are to be constructed by others.
The type of deferred improvements include, but are not limited to
traffic signals, bridge construction or major thoroughfare
improvements. Deferred improvements shall be secured by
Ordinance No. 448
Municipal Code! 13.04.070 & 13.28.040
Subdivision Security
Adopted: December 18, 2007
Page 3
performance security alone. No labor and materials or warranty
security is required.
E. Improvement Plans. The city council may, by resolution,
adopt procedures and security requirements for approval of final maps
and parcel maps for which improvement plans are not complete. In the
absence of such resolution, improvement plans shall be complete and
approved by the city engineer prior to city council approval of final
maps and parcel maps. (Ord. 320 ~ 3, 1998; Ord. 272 ~ 1 (part).
1995)
SECTION 3. Subdividers who have existing labor and material security
in place for private improvements may apply to the Director of Public
Works for the release of such security. The Director of Public Works
shall have discretion to authorize the release of such security, on a
case-by-case basis, provided that: (1) the Subdivider is not in default
of any of his/hers/its obligations under the Subdivider's Subdivision
Improvement Agreement; (2) the performance security for private
improvements is still in full force and effect, and the amount of the
security is sufficient to cover the installation of the improvements; and
(3) all other subdivision security is in good order, and the engineer's
estimates for the completion of unfinished improvements remain valid.
The Director of Public Works may condition the release of the labor
and material security for private improvements as he deems necessary
to insure orderly completion of improvements, and may require
verification of payment for completed work and notification to
contractors of the requested release of security. .
PASSED, APPROVED, and ADOPTED, at a regular meeting of the La Ouinta
City Council held this 18th day of December, 2007, by the following vote:
AYES:
Council Members Henderson, Osborne, Sniff, Mayor Adolph
NOES:
None
ABSENT:
None
ABSTAIN: Council Member Kirk
~o~
City of La Ouinta, California
Ordinance No. 448
Municipal Code! 13.04.070 & 13.28.040
Subdivision Security
Adopted: December 18. 2007
Page 4
ATTEST:
VERONICA . MONTECINO, CMC, City Clerk
City of La Ouinta, California
(SEAL)
APPROVED AS TO FORM:
Ordinance No. 448
Municipal Code! 13.04.070 & 13.28.040
Subdivision Security
Adopted: December 18, 2007
Page 5
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LA OUINT A )
I, VERONICA J. MONTECINO, City Clerk of the City of La Ouinta, California, do
hereby certify the foregoing to be a full, true, and correct copy of Ordinance No.
448 which was introduced at a regular meeting on the 4th day of December, 2007,
and was adopted at a regular meeting held on the 18th day of December, 2007, not
being less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Ouinta as specified in City Council Resolution No. 2006-115.
VERONICA . MONTECINO, CMC, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, VERONICA J. MONTECINO, City Clerk of the City of La Ouinta, California, do
hereby certify that the foregoing ordinance was posted on ,#<ymk/ ..eZ ~
pursuant to Council Resolution.
~
VERONIC . MONTECINO, CMC, City Clerk
City of La Ouinta, California