Title 21 SUBDIVISIONS
Chapter 21.28 DEDICATIONS
21.28.010 Method.
21.28.020 Parcel maps--Parties having record title interests.
21.28.030 Parcel maps--Evidence of title.
21.28.040 Easement certificates.
21.28.050 Rights-of-way under condemnation.
21.28.060 Private streets.
21.28.070 Streets serving minor land divisions--Two and one-fourth acre minimum lot size.
21.28.080 Minor land division and parcel map requirements.
21.28.090 Sewer and storm drain easements.
21.28.100 Drainage facilities.
21.28.110 Natural watercourses.
21.28.120 Local park sites.
21.28.130 Private parks.
21.28.140 Park fees required when—Computation and use.
21.28.150 Reversions to acreage.
21.28.170 Conveyance to governmental agency.
21.28.010 Method.
If dedications or offers of dedication are required for a minor land
division or parcel map, they may be made either by certificate on the parcel map
or by separate instrument. (Ord. 11100 § 5, 1975: Ord. 11092 § 3,
1975: Ord. 4478 Art. 9 § 175.1, 1945.)
21.28.020 Parcel maps--Parties having record title interests.
The signatures of all parties having any record title interest in the real
property being subdivided shall not be required on any final parcel map unless
dedications or offers of dedication are made by certificate on the parcel map.
(Ord. 11100 § 6, 1975: Ord. 11092 § 4, 1975: Ord. 4478 Art 9 §
175.2, 1945.)
21.28.030 Parcel maps--Evidence of title.
Evidence of title shall be submitted with all final parcel maps. This
shall show all fee interest holders, all interest holders whose interest could
ripen into a fee, all trust deeds together with the name of the trustee and/or
beneficiary, and all easement holders. (Ord. 11665 § 44, 1978: Ord. 11100
§ 7, 1975: Ord. 11092 § 5, 1975: Ord. 4478 Art. 9 § 175.3,
1945.)
21.28.040 Easement certificates.
A. Any map of a subdivision presented to the county with an offer of
easements for public use shall have written thereon, in addition to or as a part
of any other certificate required, a certificate, signed by all parties whose
signatures are required pursuant to Section 66436 of the Subdivision Map Act, in
substantially one of the following forms:
1. “We hereby certify that except as shown on a copy of this map on
file in the Office of the County Road Commissioner, we know of no easement or
structure existing within the easements hereby offered for dedication to the
public, other than publicly-owned water lines, sewers or storm drains; that we
will grant no right or interest within the boundaries of said easements offered
to the public, except where such right or interest is expressly made subject to
the said easements.”
2. “We hereby certify that we know of no easement or structure
existing within the easements hereby offered for dedication to the public, other
than publicly-owned water lines, sewers or storm drains; that we will grant no
right or interest within the boundaries of said easements offered to the public,
except where such right or interest is expressly made subject to the said
easement.”
B. The registered civil engineer or land surveyor who
prepares the map shall notify the county engineer that, as a result of his
thorough research of records and a field inspection, there either are structures
existing within the easements offered, or there are no structures existing
within the easements offered. Form 1 above shall be used where there are
structures, and Form 2 above shall be used where there are no structures. (Ord.
11665 § 45, 1978: Ord. 4478 Art. 9 § 176, 1945.)
21.28.050 Rights-of-way under condemnation.
A. In the event that an easement for any right-of-way required under the
provisions of this Title 21 in connection with any proposed division of land is
in the process of condemnation by the county of Los Angeles at the time of the
submission of any final map or parcel map, the subdivider, in lieu of offering
such right-of-way for dedication, may show such right-of-way upon the final map
or parcel map thereof as a private right-of-way, and prior to the approval of
such final map or certification of such parcel map shall submit to the county of
Los Angeles a deed granting such easement to the county of Los Angeles on
condition that such condemnation proceedings are abandoned, together with a
contract and bond as provided by Sections 21.32.020, 21.36.010 and 21.36.050 of
this title.
B. In the event that such condemnation proceedings shall be
completed, such deed, contract and bond shall be returned to the subdivider. In
the event that such condemnation proceedings are abandoned, the contract and
bond shall be accepted by the county engineer and the deed shall be forwarded to
the board of supervisors for acceptance. (Ord. 83-0020 § 2, 1983: Ord. 9071
§ 15, 1966: Ord. 4478 Art. 9 § 178, 1945.)
21.28.060 Private streets.
Except as set out hereinafter, all parcels of land intended for public use
in a division of land shown on the final map or parcel map thereof, shall be
offered for dedication for public use. However, with the approval of the
advisory agency, any road which is intended to be kept physically closed to
public travel or posted as a private street at all times may be shown as a
private street; but in any such case, the final map or parcel map shall contain
a conditional offer of dedication, or the map may be accompanied by a
conditional offer of dedication by separate instrument, either of which may be
accepted by the board of supervisors. Any such private street shall be shown on
such map by heavy dashed lines. Sufficient data shall be shown on each private
street to define its boundaries, as is required for a public street, and also
sufficient mathematical data to show clearly the portion of each lot within such
street. The design and improvement of any such private street shall be subject
to all of the requirements prescribed by this Title 21 for public streets. (Ord.
85-0168 § 14, 1985: Ord. 11665 § 42, 1978: Ord. 9071 § 15 (part),
1966: Ord. 4478 Art. 9 § 173, 1945.)
21.28.070 Streets serving minor land divisions--Two and one-fourth acre minimum lot size.
Streets other than service roads, which are intended to serve as a means
of access to lots shown on a parcel map described by Section 21.32.060, but
which are not to be accepted for public use prior to the time the parcel map is
filed with the county recorder, shall be shown on the parcel map as private and
future streets. Service roads shall be shown as future streets. (Ord. 11665
§ 43, 1978: Ord. 10486 § 9, 1972: Ord. 4478 Art. 9 § 173.1,
1945.)
21.28.080 Minor land division and parcel map requirements.
Dedications or offers of dedication of real property for streets, highways
and other public ways; access rights and abutter’s rights; drainage and
public utility easements; building restriction rights; and other public
easements may be required for a minor land division or parcel map. (Ord. 11100
§ 4, 1975: Ord. 11092 § 2, 1975: Ord. 4478 Art. 9 § 175,
1945.)
21.28.090 Sewer and storm drain easements.
If, in the opinion of the advisory agency, either sewers or storm drains
or both are necessary for the general use of lot owners in the division of land,
and such sewers or storm drains or both are not to be installed in the streets
of such division, then the subdivider shall show upon the maps and dedicate
necessary easements for such sewers or storm drains or both. (Ord. 11665 §
41, 1978: Ord. 9071 § 15 (part), 1966: Ord. 4478 Art. 9 § 172,
1945.)
21.28.100 Drainage facilities.
If an artificial drainage facility is necessary for the general use of lot
owners in the division of land and for adequate drainage needs, subdivider shall
dedicate an adequate right-of-way for such drainage channel. (Ord. 9071 §
15 (part), 1966: Ord. 6093 § 1 (part), 1952: Ord. 4478 Art. 9 § 171.5,
1945.)
21.28.110 Natural watercourses.
In the event that a division of land or any part thereof is traversed by
any major watercourse, channel, stream or creek, the subdivider shall dedicate
an adequate right-of-way for storm drainage purposes if, in the opinion of the
advisory agency, such dedication is necessary. In the event that the natural
watercourse does not lie entirely within such dedication, the subdivider may
either construct an adequate channel within such dedication or delineate the
course of the watercourse upon the final map or parcel map. (Ord. 11665 §
40, 1978: Ord. 9071 § 15 (part), 1966: Ord. 4478 Art. 9 § 171,
1945.)
21.28.120 Local park sites.
Except as otherwise provided by Section 21.28.140, local park sites
provided pursuant to Section 21.24.350 shall be dedicated for public use. The
board of supervisors shall at the time of acceptance of a park site specify when
development of the park will begin. (Ord. 10796 § 3, 1973: Ord. 4478 Art. 9
§ 179, 1945.)
21.28.130 Private parks.
A subdivider may, by written petition to the board of supervisors,
request that a local park site which, pursuant to the provisions of Section
21.24.350, is to be provided as part of the design of a subdivision, be
privately owned, developed and maintained by the future residents of the
subdivision. The subdivider’s petition shall be accompanied by a plan for
development of the park site, which shall be in substantial conformance with the
standards for local parks contained in the Recreation Element of the General
Plan, and by a statement as to when development of the proposed facilities will
begin. Prior to submission of the petition, the subdivider shall obtain any
permits for the private use of the park site required by the Zoning Ordinance,
set out at Title 22 of this code. If the petition is approved, the park site
shall be identified as a private park by appropriate notation on the final map
of the subdivision, and the right to prohibit the use of the land for other than
park purposes shall be dedicated to the county. (Ord. 10796 § 4, 1973:
Ord. 4478 Art. 9 § 180, 1945.)
21.28.140 Park fees required when—Computation and use.
A. If all or any portion of the local park space obligation for a
residential subdivision is not satisfied by the provision of local park space
designated by the advisory agency pursuant to Section 21.24.350, the following
park fees shall be paid as a condition precedent to final approval of the
subdivision:
1. A base fee equal to the local park space obligation derived
from the equation set forth in Section 21.24.340, less the amount of park space,
if any, provided by the subdivider pursuant to Section 21.24.350, times the
representative land value for the appropriate park planning area, established as
follows:
Representative Land Values Per Park Planning
Area
Los Angeles County Code Section 21.28.140, Subsection A1
Adjusted By Changes in the Consumer Price Index (CPI)1 March
2010-March 2011
|
PPA No.
|
PPA Name
|
Representative Land Value2
|
|
|
|
|
1
|
North Claremont
|
228,425
|
|
2
|
South Whittier/ East La Mirada
|
245,173
|
|
4
|
West Whittier
|
328,929
|
|
5
|
Arcadia Islands
|
319,793
|
|
6
|
Whittier Narrows
|
296,949
|
|
7
|
Avocado Heights/West Puente Valley
|
240,605
|
|
9
|
Hacienda Heights
|
231,468
|
|
10
|
Rowland Heights
|
229,944
|
|
13
|
Valinda/San Jose
|
237,561
|
|
14
|
Covina Highlands
|
236,037
|
|
15
|
Charter Oak Islands/Glendora Heights
|
252,789
|
|
17
|
Ladera Heights
|
231,468
|
|
18A
|
Lennox
|
319,793
|
|
18B
|
Del Aire/Marina Del Rey
|
402,023
|
|
19
|
West Athens/Westmont
|
318,269
|
|
20
|
Alondra
|
412,684
|
|
21
|
West Carson
|
376,136
|
|
22
|
Willowbrook/ West Compton
|
191,875
|
|
23
|
Florence/Firestone
|
274,107
|
|
24
|
East Los Angeles
|
290,858
|
|
27A
|
Malibu
|
299,996
|
|
27B
|
East Malibu
|
272,584
|
|
32
|
East Compton Islands
|
223,855
|
|
33A
|
Westlake
|
258,878
|
|
33B
|
Agoura/Calabasas
|
347,203
|
|
33C
|
Topanga/Franklin Canyon
|
184,260
|
|
34
|
Oat Mountain
|
207,103
|
|
35A
|
Valencia/Newhall
|
306,087
|
|
35B
|
Castaic/Val Verde
|
185,783
|
|
35C
|
Saugus
|
196,444
|
|
35D
|
Canyon Country
|
158,373
|
|
35E
|
Placerita Canyon
|
196,444
|
|
35F
|
Angeles Forest
|
65,481
|
|
38
|
La Crescenta/Montrose/ Universal City
|
400,502
|
|
40
|
Altadena
|
366,998
|
|
41
|
Pasadena Foothills
|
325,884
|
|
42
|
West San Gabriel Valley
|
421,823
|
|
43A
|
Lake Elizabeth
|
67,004
|
|
43B
|
Agua Dulce/Acton
|
44,161
|
|
43C
|
Lakeview
|
60,914
|
|
44A
|
Redman
|
33,501
|
|
44B
|
Littlerock/ San Fernando Foothills
|
42,639
|
|
45A
|
East Antelope Valley
|
27,412
|
|
45B
|
Pearblossom
|
41,115
|
|
47A
|
Quartz Hill
|
89,845
|
|
47B
|
Edwards
|
51,775
|
|
48
|
West Antelope Valley
|
28,933
|
|
|
|
1 Los Angeles-Riverside-Orange County, CA Consumer Price Index,
All Items, 1982-1984 = 100 for ALL Urban Consumers (CPI-U).
2 Effective July 1, 2011.
Note:
Areas deleted due to incorporation: No. 11, La Habra Heights; No. 12,
Diamond Bar; No. 25, West Hollywood; No. 29, Clifton Heights; No. 39, La
Canada/Flintridge; No. 46, Lancaster. No. 49, Channel Islands deleted because it
refers to Catalina Island where residential subdivision is deemed highly
unlikely. No. 30, Alamitos deleted because it was annexed to the City of Long
Beach.
Areas deleted due to lack of development potential: No. 26, Sawtelle; No.
31, Dominguez Hills.
Area deleted: Planning Area No. 37 previously assigned to No.
36--37.
Areas deleted due to mergers with other Areas: No. 3, East La Mirada
(merged with No. 2, South Whittier); No. 8, West Puente Valley (merged with No.
7, Avocado Heights); No. 16, Glendora Heights (merged with No. 15, Charter Oaks
Islands); No. 28, Marina del Rey (merged with No. 18B, Del Aire); No. 36, San
Fernando Foothills (merged with Nos. 1, North Claremont; 15, Charter Oak
Islands; 38, La Cresenta/Montrose; and 44B, Littlerock).
2. As used in this Title 21, “park planning areas” means
those geographical areas depicted on the 2004 park planning area map of
unincorporated places and described in records contained in the department of
parks and recreation.
3. For the purposes of calculating fees in lieu of
park land, the schedule of representative land values contained in subsection A1
of this section shall apply to the following residential subdivision maps that
are first advertised by the department of regional planning for hearing before
either a hearing officer or the Regional Planning Commission on or after the
effective date of the ordinance adding this language:
a. Tentative
maps;
b. Tentative minor land division maps;
c. Revised maps, as
described in subsection B of Section 21.62.030; and
d. Reactivated maps,
which are previously approved tentative maps that have expired and that must be
processed as new tentative maps.
The representative land values contained in
subsection A1 of this section shall be adjusted annually, effective July 1, by
the department of parks and recreation, in consultation with the county
auditor-controller as follows: calculate the percentage movement between March
of the previous year and March of the current year in the Consumer Price Index
(CPI) for all urban consumers in the Los Angeles, Anaheim, and Riverside areas,
as published by the United States Government Bureau of Labor Statistics, adjust
the representative land value per acre in each park planning area by said
amount, and round to the nearest dollar. The adjusted representative land values
shall apply to the above-referenced residential subdivision maps that are first
advertised by the department of regional planning for hearing before either a
hearing officer or the Regional Planning Commission on or after the respective
July 1 adjustment date.
B. Park fees shall be used only for the purpose of
acquiring local park land or developing new or rehabilitating existing
recreational facilities to serve the park planning area which includes the
subdivision for which the fees were paid, or to fund improvements for
county-owned local park facilities located within city limits that, but for
incorporation or annexation, were within, or would have been in, the park
planning area in which the subdivision for which the fees were paid is located.
The advisory agency shall waive the payment of fees required pursuant to this
section, if it determines that it is improbable that such funds can be utilized
for this purpose within a reasonable period of time after the map of the
subdivision is filed with the county recorder.
C. The department of parks
and recreation shall develop a schedule specifying how, when, and where it will
use the land or fees, or both, from each subdivision to develop park or
recreational facilities within the applicable park planning area. Fees collected
shall be committed within five years after the payment of the fees or the
issuance of building permits on one-half of the lots created by the subdivision,
whichever occurs later. If the fees are not committed, they, without any
deductions, shall be distributed and paid to the then record owners of the
subdivision in the same proportion that the size of their lot bears to the total
area of all lots within the subdivision. (Ord. 2004-0023 § 2, 2004: Ord.
93-0070 § 1, 1993: Ord. 88-0069 § 1, 1988; Ord. 88-0010 §§
1, 2, 1988; Ord. 82-0258U §§ 2, 4 (part), 1982; Ord. 82-0256 § 3,
1982: Ord. 10796 § 5, 1973: Ord. 4478 Art. 9 § 181,
1945.)
*Editor's note: Fee changes in this section include changes
made by the director of parks and recreation due to increases in the Consumer
Price Index and are effective July 1, 2011.
21.28.150 Reversions to acreage.
Dedication of land for public streets, highways, ways or easements may be
accepted on a final map submitted for the purpose of reverting to acreage land
previously subdivided. (Ord. 9721 § 11, 1969: Ord. 4478 Art. 9 § 174,
1945.)
21.28.170 Conveyance to governmental agency.
A. Owners of property proposing subdivisions created by any conveyance to
a governmental agency or public entity shall notify the planning director in
writing of such proposals at least 60 days prior to the conveyance.
B. A
subdivision map may be required by the board of supervisors for such a
conveyance when a showing is made upon substantial evidence, submitted by the
planning director, that the public policy necessitates the map. (Ord. 90-0160
§ 1, 1990.)
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