Title 21 SUBDIVISIONS
Chapter 21.32 IMPROVEMENTS
21.32.010 Requirements generally.
21.32.020 Agreement to guarantee completion--Required when.
21.32.030 Installation and construction costs.
21.32.040 Lot sizes in excess of 10 acres--Requirements.
21.32.050 Minor land divisions--Requirements.
21.32.060 Minor land divisions--Five acre minimum lot size requirement.
21.32.070 Road improvements.
21.32.080 Street improvements for two and one-fourth acre minimum lot size--Alternate procedure.
21.32.090 Paving for access strips.
21.32.100 Improvements other than highways and street lights.
21.32.110 Water mains, appurtenances and fire hydrants.
21.32.120 Supplemental sewer or drainage improvements.
21.32.130 Fences for watercourses or drainage facilities.
21.32.140 Street lighting--Required when.
21.32.150 Street lighting--Not required when.
21.32.160 Street tree planting.
21.32.170 Planting strips.
21.32.180 Sidewalks--Required when.
21.32.190 Sidewalks--Not required when.
21.32.195 On-site trees--Required when.
21.32.200 Major thoroughfare and bridge fees.
21.32.400 Fees for drainage facilities.
21.32.010 Requirements generally.
A. The subdivider shall improve, or agree to improve, all land dedicated
or to be dedicated on a final map or parcel map, or by separate instrument, for
roads and easements, and all private roads and private easements laid out on a
final map or parcel map, with those improvements, including sanitary sewers,
needed for the general use of the lot owners in the division of land and for
neighborhood traffic and drainage.
B. This section does not
require:
1. Improvements to flood-control channels, which improvements are
not solely for the benefit of the divisions of land;
2. Improvements to
freeways;
3. Improvements excepted by the provisions of Section 21.32.080.
(Ord. 85-0168 § 15, 1985; Ord. 12408 § 2, 1981: Ord. 11665 § 47,
1978: Ord. 9071 § 15 (part), 1966: Ord. 7557 § 1, 1959; Ord. 7260
§ 1, 1957; Ord. 6721 § 1 (part), 1955: Ord. 5883 § 4 (part),
1952: Ord. 4478 Art. 10 § 191, 1945.)
21.32.020 Agreement to guarantee completion--Required when.
A. If any improvements be not completed to the satisfaction of the
director of public works or the director of parks and recreation before the
final map is filed, the subdivider shall, prior to the approval by the board of
supervisors of the final map, enter into an agreement with the county of Los
Angeles whereby, in consideration of the acceptance by the board of any
dedication offered on the final map and the approval of the final map, the
subdivider agrees to furnish all necessary equipment and material and to
complete such work within the time specified in such agreement.
B. If any
improvements are not completed to the satisfaction of the director of public
works or the director of parks and recreation before the parcel map is filed
with the county recorder, the subdivider shall, prior to the approval by the
advisory agency of the parcel map, enter into an agreement with the county of
Los Angeles whereby, in consideration of the acceptance by the county of Los
Angeles of any dedications offered by the subdivider and the approval of the
parcel map by the advisory agency, the subdivider agrees to furnish all
necessary equipment and material and to complete such work within the time
specified in such agreement.
C. The director of public works and the
director of parks and recreation are hereby authorized to execute the agreements
referred to in this section, on behalf of the county of Los Angeles. All
agreements executed by the directors of public works or parks and recreation
pursuant to this section shall be substantially similar in form and content to
the most recent versions of the standard form multiple agreement and standard
form park development agreement that have been approved by the board of
supervisors. The board of supervisors shall review the delegation of authority
provided for in this subsection every five (5) years. (Ord. 2006-0065 § 2,
2006: Ord. 83-0020 § 3, 1983: Ord. 11665 § 52, 1978: Ord. 9071 §
17, 1966: Ord. 4478 Art. 10 § 197, 1945.)
21.32.030 Installation and construction costs.
A. The cost of installing pipes and other facilities for the transmission
of water may be paid for in whole or in part from revenues collected from the
customers served at regular established water rates for the water company
pursuant to regulations of the public utilities commission where applicable, or
by a public agency, as defined in Section 4401 of the California Government
Code, from the net operating income only, as payment for the sales of water
thereto.
B. The subdivider may be reimbursed for a portion of his costs as
provided in Sections 66486 and 66487 of the Subdivision Map Act, or other
reimbursement enabling acts.
C. Except for assessments authorized after
tentative map approval for the financing and completion of improvements required
of the subdivider, all outstanding or remaining assessments on the land of the
subdivision established for improvements contracted under special assessment
district proceedings shall be paid by the subdivider. (Ord. 85-0136 § 1,
1985: Ord. 11665 § 53, 1978: Ord. 9404 § 12, 1967: Ord. 4478 Art. 10
§ 198, 1945.)
21.32.040 Lot sizes in excess of 10 acres--Requirements.
A. Where each parcel resulting from a division of land has a minimum gross
area of 20 acres or is one-half part of a quarter-quarter section resulting from
the normal division of an undersized section of land, no improvements shall be
required.
B. Where each parcel resulting from a division of land has a
minimum gross area of 10 acres or is a quarter-quarter-quarter section,
resulting from the normal division of an undersized section of land and having a
minimum gross area of nine acres, and the entire division of land is zoned A-1,
A-2 or D-2 by Title 22 of this code, streets or highways which traverse sloping
terrain shall be graded in accordance with engineering plans approved by the
road commissioner, unless all lots abutting any such street or highway are
within an area zoned to have a required area of 10 acres or more by the Zoning
Ordinance as set out at Title 22 of this code. No other improvements shall be
required.
C. As used in this section, the term “improvements”
does not refer to required monuments. The provisions of this section shall apply
notwithstanding the provisions of any other section. (Ord. 9844 § 1, 1969;
Ord. 9823 § 1 (part), 1969: Ord. 9404 § 10 (part), 1967: Ord. 4478
Art. 10 § 191.1, 1945.)
21.32.050 Minor land divisions--Requirements.
Improvements shall not be required as a condition precedent to filing a
parcel map on a minor land division where the advisory agency finds that the
existing systems and improvements adequately serve adjacent developed parcels,
unless such improvements are necessary for the development of parcels within the
division of land or are necessary to be consistent with the general plan. (Ord.
83-0179 § 3, 1983: Ord. 9404 § 10 (part), 1967: Ord. 4478 Art. 10
§ 191.2, 1945.)
21.32.060 Minor land divisions--Five acre minimum lot size requirement.
A. Except as otherwise provided in this section and Section 21.32.110, no
improvements shall be required when all lots shown on a parcel map of a minor
land division have a gross area of five acres or more and are within a
single-family residential or agricultural zone, or within a desert-mountain zone
and used for residential or agricultural purposes.
B. As used in this
section, the term “improvement” does not refer to required
monuments.
C. On all parcel maps of five acre lot size or more, the
following note shall be placed: “Further division of this property to lot
sizes below five acres will require standard improvements be completed as a
condition of approval. The improvements will include but not be limited to
providing access, installation of water mains, appurtenances and fire hydrants,
and conformance to standard Los Angeles County development standards.”
(Ord. 83-0179 § 2, 1983: Ord. 10965 § 15, 1974: Ord. 10486 § 10,
1972: Ord. 4478 Art. 10 § 191.4, 1945.)
21.32.070 Road improvements.
A. All road improvements, including drainage structures incidental thereto
and including two-foot cement concrete gutters wherever cement concrete curb is
required, shall be installed to a grade approved by the road commissioner.
Plans, profiles and specifications for such improvements shall be furnished to
the road commissioner not later than the time of submitting the final map or
parcel map to the county engineer for checking, and such plans, profiles and
specifications shall be subject to the approval of the road commissioner before
any such map shall be approved or certified. Such plans, profiles and
improvements shall be in accordance with the standards of the county of Los
Angeles, as adopted by the board of supervisors.
B. Where all lots in the
division of land contain a net area of not less than 20,000 square feet, the
rural street section, inverted shoulder, may be used in lieu of concrete curbs
and gutters, provided that curbs and gutters are not necessary for drainage
purposes or to maintain an existing neighborhood pattern. (Ord. 85-0168 §
16, 1985: Ord. 11665 § 48, Ord. 9721 § 12, 1969: Ord. 9071 § 15
(part), 1966: Ord. 7481, 1978: Ord. 9721 § 12, 1969: Ord. 9071 § 15
(part), 1966: Ord. 7481 § 1, 1959: Ord. 4478 Art. 10 § 192,
1945.)
21.32.080 Street improvements for two and one-fourth acre minimum lot size--Alternate procedure.
When all lots shown on a final map contain a minimum gross area of two and
one-half acres, or all lots contain a minimum gross area of two and one-quarter
acres and the resultant number of lots does not exceed that obtained from a
normal division of a section, and all lots are within a single-family
residential or agricultural zone, or within a desert-mountain zone used for
residential or agricultural purposes, and at least 75 percent of the property
has a slope of three percent or less, and the property is depicted in a nonurban
category on the General Plan, the subdivider may, with the consent of the
advisory agency, elect to comply with the provisions of this section in lieu of
complying with the improvement requirements of Sections 21.32.010, 21.32.140 and
21.32.150.
A. Access Road. Provide public access to the subdivision from a
maintained public highway or road. Such public access shall be improved in
accordance with engineering plans approved by the road commissioner, with
grading, necessary drainage structures and 24 feet of desert-mix pavement in
accordance with specifications thereof on file in the office of the road
commissioner. The road commissioner shall not require that the subdivider grade
to a width of more than 60 feet;
B. Peripheral Roads, Highways and Section
Line or Quarter Section Line Collector Roads. Grade to full width or 64 feet,
whichever is less, all streets peripheral to the subdivision, all highways shown
on the Highway Plan, and section or quarter-section line collector roads within
the subdivision in accordance with engineering plans approved by the road
commissioner. Such engineering plans shall be limited to the design of
improvements to be installed. Such streets and highways shall be shown as
private and future streets on the final map, and shall have a minimum
right-of-way of 40 feet;
C. Interior Roads. All other roads within the
subdivision shall be contour-graded to 24 feet in width and of native soil
roadway, and shall be shown on the final map as full-width private and future
streets. Engineering plans showing future centerline grades and drainage
information shall be submitted to the road commissioner for approval. Grading
shall be done to the satisfaction of the advisory agency prior to filing the
final map. If the subdivider elects not to grade prior to filing the final map,
street grading shall be performed in accordance with the engineering plans
approved by the road commissioner but shall be limited to a width of 24
feet;
D. Service Roads. Unless otherwise determined by the advisory agency,
all service roads shall be shown on the final maps as future streets with widths
as provided in Section 21.24.090;
E. Interior Future Streets. Interior
future streets may be required in order to provide for the future development of
lots within the subdivision;
F. Street Lights and Sidewalks. Street lights
and sidewalks are not required. (Ord. 85-0168 § 17, 1985; Ord. 10382 §
5, 1971: Ord. 9721 § 14, 1969: Ord. 9404 § 11 (part), 1967: Ord. 8154
§ 3, 1962: Ord. 7557 § 2, 1959: Ord. 4478 Art. 10 § 195,
1945.)
21.32.090 Paving for access strips.
A. The advisory agency may require that single-access strips for flag lots
be paved to a width of 15 feet or to full width, whichever is less, and that
multiple-access strips be paved to a total width of 20 feet or to the full
combined width of the access strips, whichever is less, with asphaltic concrete
or portland cement concrete.
B. Such surfacing shall be installed in
accordance with the specifications for driveway paving contained in Section
743.5 of the Zoning Ordinance (see Title 22 of this code).
C. The advisory
agency may provide that a subdivider may submit a letter agreeing to the
installation of such improvements in lieu of entering into an improvement
agreement pursuant to the provisions of Section 21.32.020. (Ord. 10485 §
15, 1972: Ord. 4478 Art. 10 § 191.3, 1945.)
21.32.100 Improvements other than highways and street lights.
In the event that fences, walls, water mains, sanitary sewers, other means
of sewage disposal, or storm drains (other than structures incidental to road
improvement) are installed or are to be installed as a part of the improvement
of a division of land, plans, profiles, specifications and all necessary details
of the proposed construction shall be submitted to the county engineer not later
than the time of submitting the final map or parcel map for checking, and shall
be subject to final approval by the county engineer before such final map shall
be transmitted to the board of supervisors for approval, or before the parcel
map shall be transmitted for filing with the county recorder. Such plans,
profiles and specifications shall show full details of the proposed improvement,
which shall conform to the standards of the county of Los Angeles. Plans for
sanitary sewers shall comply with the Sanitary Sewer and Industrial Waste
Ordinance, set out at Division 2 of Title 20 of this code. Plans for other
methods of sewage disposal shall comply with the Los Angeles County Plumbing
Code, adopted May 29, 1933 and set out at Title 28 of this code. Plans for water
mains and fire hydrants shall comply with Section 21.32.110. (Ord. 11665 §
49, 1978: Ord. 9071 § 15 (part), 1966: Ord. 7994 § 2, 1961; Ord. 7875
§ 2, 1960; Ord. 7634 § 7 (part), 1959: Ord. 6093 § 2, 1952: Ord.
4478 Art. 10 § 196, 1945.)
21.32.110 Water mains, appurtenances and fire hydrants.
A. The subdivider shall install, or agree to install, water mains and fire
hydrants adequate for the domestic demands and general use of the lot owners and
for fire protection to the division of land. This section shall not apply where
all lots on the division of land map contain a minimum gross area of five acres,
and the area is within a single-family residential or agricultural zone, or
within a desert-mountain zone and used for residential or agricultural
purposes.
B. The water mains, appurtenances and fire hydrants required by
this section shall comply in all respects with all statutes, ordinances, rules
and regulations applicable at the time of installation. Such water mains,
appurtenances and fire hydrants also shall be designed and constructed to
deliver the fire flow and domestic water demands as determined by the Los
Angeles County forester and fire warden pursuant to the specifications of
service, design and construction set out at Division 1 of Title 20 of this code,
and in all other respects conform to Division 1 of Title 20 of this
code.
C. On all final and parcel maps of five acre lot size or more, the
following note shall be placed: “Further division of this property to lot
sizes below five acres will require standard improvements be completed as a
condition of approval. The improvements will include but not be limited to
providing access, installation of water mains, appurtenances and fire hydrants,
and conformance to standard Los Angeles County development standards.”
(Ord. 83-0179 § 1, 1983: Ord. 10382 § 4, 1971: Ord. 9404 § 11
(part), 1967: Ord. 9204 § 5, 1966; Ord. 9071 § 15 (part), 1966: Ord.
7994 § 1, 1961: Ord. 7875 § 1, 1960: Ord. 4478 Art. 10 § 192.4,
1945.)
21.32.120 Supplemental sewer or drainage improvements.
Sanitary sewer or drainage improvements installed by the subdivider for
the benefit of the division of land may be required to contain supplemental
size, capacity, length, depth or number, or to be altered in location, for the
benefit of property not within the division of land in order to facilitate the
orderly development of the surrounding area in a manner consistent with the
policies of the general plan. Such improvements shall be dedicated to the
public. The board of supervisors shall enter into an agreement to provide for
the payment of reimbursement to the subdivider and the collection of charges
from the property benefited by the supplemental improvements, in conformance
with applicable state laws. (Ord. 11665 § 50, 1978: Ord. 4478 Art. 10
§ 196.1, 1945.)
21.32.130 Fences for watercourses or drainage facilities.
If, by reason of the location, shape, slope, width, depth, velocity of
water therein, or other characteristics of a watercourse or drainage facility on
a dedicated easement the proposed development of the division of land makes
necessary the fencing of such watercourse or drainage facility, and the advisory
agency so finds, the subdivider shall improve such watercourse or drainage
facility with a chain-link fence or equal, not less than five feet high. Such
fence shall be provided with an adequate number of gates to permit access for
cleaning and maintenance. There shall be no apertures below the fence large
enough to permit a child to crawl under such fence. If any portion of the
channel of such watercourse, or drainage facility constitutes any portion of the
boundary of the division of land, the subdivider shall fence the side of such
portion which is within the division of land. All other portions within the
division of land shall be fenced on both sides of such watercourse, or drainage
facility. (Ord. 11665 § 51, 1978: Ord. 9071 § 15 (part), 1966: Ord.
6093 § 3, 1952: Ord. 4478 Art. 10 § 196.4, 1945.)
21.32.140 Street lighting--Required when.
Except as otherwise provided in this Title 21, the subdivider shall
provide a street-lighting system in each division of land. Plans for street
lights shall be submitted to the road commissioner in accordance with the
Highway Permit Ordinance adopted May 28, 1940 and set out at Division 1 of Title
16 of this code. (Ord. 9721 § 13, 1969: Ord. 9071 § 15 (part), 1966:
Ord. 8691 § 1, 1964: Ord. 6093 § 1 (part), 1952: Ord. 4478 Art. 10
§ 192.5, 1945.)
21.32.150 Street lighting--Not required when.
The requirement for street lighting systems as provided in Section
21.32.140 may be waived if the advisory agency finds that street lights will not
be in keeping with the neighborhood pattern, or all lots in the division of land
contain a net area of not less than 40,000 square feet and street lights are not
necessary to serve such lots so as to maintain the continuity of an established
neighborhood street-lighting pattern. (Ord. 9071 § 15 (part), 1966: Ord.
8691 § 2, 1964: Ord. 4478 Art. 10 § 192.6, 1945.)
21.32.160 Street tree planting.
Except as otherwise provided in this section, a subdivider shall plant
trees along the frontage of all lots shown on a final map or parcel map. The
number, species, and location of such trees shall be as specified by the road
commissioner. Tree planting is not required unless it is determined to be in the
public interest:
A. Along a segment of a street or highway to which the
right of direct access from abutting lots has been relinquished;
and
B. Along streets and highways which are not improved with curbs. (Ord.
83-0163 § 6, 1983: Ord. 10486 § 11, 1972: Ord. 4478 Art. 10 §
193, 1945.)
21.32.170 Planting strips.
The director of parks and recreation shall advise subdividers and their
successors in interest in the selection and care of trees or shrubs to be
planted in any required planting strip reservation on private property. (Ord.
4478 Art. 10 § 194, 1945.)
21.32.180 Sidewalks--Required when.
Except as otherwise provided in this Title 21, the subdivider shall, as
part of the improvement of the street or highway, install sidewalks not less
than four feet wide:
A. On both sides of entrance and collector streets
within the division of land;
B. On both sides of loop, interior and
cul-de-sac streets;
C. Along one side of service roads adjacent to abutting
lots;
D. Along highways shown on the Highway Plan where no service road is
provided and the lots in the division of land take direct access to the
highway;
E. Along highways shown on the Highway Plan where necessary in
order to provide for the safety and convenience of pedestrians. (Ord. 85-0168
§ 18, 1985; Ord. 12408 § 3, 1981: Ord. 9071 § 15 (part), 1966:
Ord. 7902 § 1 (part), 1960: Ord. 4478 Art. 10 § 196.6,
1945.)
21.32.190 Sidewalks--Not required when.
The construction of sidewalks is not required where any one or more of the
following conditions exist and the advisory agency so finds:
A. Where all
lots in the division of land contain a net area of not less than 15,000 square
feet or have an average width of not less than 100 feet, except where sidewalks
are necessary to serve such lots so as to maintain the continuity of the
established neighborhood sidewalk pattern;
B. The construction of sidewalks
would be impractical because of topographical conditions or because of other
physical obstacles;
C. Sidewalks will not be in keeping with the
neighborhood pattern;
D. Sidewalks are not needed in, and will not benefit
the area. (Ord. 12408 § 4, 1981: Ord. 9071 § 16, 1966; Ord. 7902
§ 1 (part), 1960: Ord. 4478 Art. 10 § 196.8, 1945.)
21.32.195 On-site trees--Required when.
In addition to the requirements of Section 21.32.160, the subdivider shall
plant or cause to be planted one tree within the front yard of each parcel
resulting from a residential division of land, as a condition of approval,
subject to the director’s approval of the location and species in
consultation with the forester and fire warden. This requirement may be waived
or modified by the advisory agency where it is found to be impractical due to
topographic conditions, is not in keeping with the neighborhood pattern, or
otherwise will not benefit the area. (Ord. 2000-0068 § 1, 2000.)
21.32.200 Major thoroughfare and bridge fees.
A. A subdivider, as a condition of approval of a final map for property
within an area of benefit, or a building permit applicant, as a condition of
issuance of a building permit for property within an area of benefit, shall pay
a fee as hereinafter established to defray the cost of constructing bridges over
waterways, railways, freeways and canyons, and/or constructing major
thoroughfares.
B. Definitions.
1. "Administrative expenses" means those
office, personnel, and other customary and normal expenses associated with the
direct management and administration of the County, but not including costs of
construction;
2. "Area of benefit" means a specified area wherein it has
been determined that the real property located therein will benefit from the
construction of a bridge and/or major thoroughfare;
3. "Bridge facilities"
means any crossing for a highway or local road, involving a railway, freeway,
stream, or canyon, which is required by the General Plan in order to accommodate
new urban development within the area of benefit;
4. "Construction" means
and includes design, acquisition of right-of-way, and actual construction,
including, but not limited to, all direct and indirect environmental,
engineering, accounting, legal, administration of construction contracts, and
other services necessary therefor. The term "construction" also includes
reasonable administrative expenses, not exceeding three hundred thousand dollars
($300,000) in any calendar year after January 1, 1986, as adjusted annually for
any increase or decrease in the Consumer Price Index of the Bureau of Labor
Statistics of the United States Department of Labor for all Urban Consumers, Los
Angeles-Long Beach-Anaheim, California (1967 = 100), as published by the United
States Department of Commerce for the purpose of constructing bridges and major
thoroughfares.
5. "Major thoroughfare" means those roads designated in the
transportation element of the General Plan, the primary purpose of which is to
carry through traffic and provide a network connecting to the state highway
system.
6. The singular number includes the plural, and the plural the
singular.
C. The provisions herein for payment of a fee shall apply only if
the bridge and/or major thoroughfare has been included in an element of the
General Plan adopted by the board of supervisors at least 30 days prior to the
filing of a map or application for a building permit on land located within the
boundaries of the area of benefit.
D. Payment of fees shall not be required
unless any major thoroughfares are in addition to or a widening or
reconstruction of any existing major thoroughfares serving the area at the time
of the adoption of the boundaries of the area of benefit.
E. Payment of fees
shall not be required unless any planned bridge facility is a new bridge serving
the area or an addition to an existing bridge facility serving the area at the
time of the adoption of the boundaries of the area of benefit.
F. 1.
Action to establish an area of benefit may be initiated by the Board of
Supervisors upon its own motion or upon the recommendation of the Road
Commissioner;
2. The Board of Supervisors will set a public hearing for each
proposed area benefited. Notice of the time and place of said hearing, including
preliminary information related to the boundaries of the area of benefit,
estimated costs, and the method of fee apportionment, shall be given pursuant to
Section 65091 of the Government Code.
G. 1. At the public hearing, the
board of supervisors will consider the testimony, written protests and other
evidence. At the conclusion of the public hearing, the board of supervisors may,
unless a majority written protest is filed and not withdrawn, determined to
establish an area of benefit. If established, the board of supervisors shall
adopt a resolution describing the boundaries of the area of benefit, setting
forth the cost, whether actual or estimated, and the method of fee
apportionment. A certified copy of such resolution shall be recorded with the
county recorder.
2. Such apportioned fees shall be applicable to all
property within the area of benefit, and shall be payable as a condition of
approval of a final map or as a condition of issuing a building permit for such
property or portions thereof. Where the area of benefit includes lands not
subject to the payment of fees pursuant to this section, the board of
supervisors shall make provisions for payment of the share of improvement cost
apportioned to such lands from other sources.
3. Written protest will be
received by the clerk of the board of supervisors at any time prior to the close
of the public hearing. If written protests are filed by the owners of more than
one-half of the area of the property to be benefited by the improvement, and
sufficient protests are not withdrawn so as to reduce the area represented by
the protests to less than one-half of the area to be benefited, then the
proposed proceedings shall be abandoned and the board of supervisors shall not,
for one year from the filing of said written protests, commence or carry on any
proceedings for the same improvement under the provisions of this section. Any
protest may be withdrawn by the owner making the same, in writing, at any time
prior to the close of the public hearing.
4. If any majority protest is
directed against only a portion of the improvement, then all further proceedings
under the provisions of this section to construct that portion of the
improvement so protested against shall be barred for a period of one year, but
the board of supervisors shall not be barred from commencing new proceedings not
including any part of the improvement so protested against. Such proceedings
shall be commenced by a new notice and public hearing as set forth in subsection
F above.
5. Nothing in this section shall prohibit the board of supervisors,
within such one-year period, from commencing and carrying on new proceedings for
the construction of an improvement or portion of the improvement so protested
against if it finds, by the affirmative vote of four-fifths of its members, that
the owners of more than one-half of the area of the property to be benefited are
in favor of going forward with such improvement or portion thereof.
H. Fees
paid pursuant to this Section shall be deposited in a planned bridge facility
and/or major thoroughfare fund. A fund shall be established for each planned
bridge facility project and/or each planned major thoroughfare project. If the
benefit area is one in which more than one bridge and/or major thoroughfare is
required to be constructed, a fund may be established covering all of the bridge
and/or major thoroughfare projects in the benefit area. Monies in such fund
shall be expended solely for the construction or reimbursement for construction
of the improvement or improvements serving the area to be benefited and from
which the fees comprising the fund were collected, or to reimburse the County
for the costs of constructing the improvement or improvements.
I. The board
of supervisors may approve the acceptance of considerations in lieu of the
payment of fees established herein.
J. The board of supervisors may approve
the advancement of money from the general fund or road fund to pay the costs of
constructing the improvements covered herein and may reimburse the general fund
or road fund for such advances from planned bridge facility and/or major
thoroughfare funds established pursuant to this section.
K. If a subdivider,
as a condition of approval of a subdivision, is required or desires to construct
a bridge and/or major thoroughfare, the Board of Supervisors may enter into a
reimbursement agreement with the subdivider. Such agreement may provide for
payments to the subdivider from the bridge facility and/or major thoroughfare
fund covering that specific project to reimburse the subdivider for costs not
allocated to the subdivider's property. If the bridge facility and/or major
thoroughfare fund covers more than one project, reimbursements shall be made on
a pro rata basis, reflecting the actual or estimated costs of the projects
covered by the fund. (Ord. 2011-0063 § 1, 2011; Ord. 82-0240 § 1,
1982; Ord. 82-0050 § 1, 1982.)
21.32.400 Fees for drainage facilities.
A. A subdivider, as a condition of approval of a final map for property
depicted within an adopted drainage plan, shall pay the fee as specified in the
plan to defray the cost of constructing local drainage facilities serving the
drainage area.
B. Definitions.
1. Construction includes preliminary
studies, design, acquisition of right-of-way, administration of construction
contracts, actual construction and incidental costs related
thereto.
2. Local drainage facilities means those facilities, such as but
not limited to, dams, retention basins, detention basins, debris basins,
spreading grounds, injection wells, observation wells, pressure-reduction
facilities, headworks, drains, tunnels, conduits, culverts, washes, swales,
floodways, flow paths and channels, for the removal of surface and storm waters
from local drainage areas which are described in an adopted drainage
plan.
3. Drainage plan means a plan adopted by the board of supervisors and
incorporated hereinafter for a particular drainage area pursuant to Government
Code Section 66483.
4. The singular number includes the plural, and the
plural includes the singular.
C. The local drainage facilities shall be in
addition to any existing drainage facilities serving the area at the time of the
adoption of such a plan for the area.
D. Action to establish a drainage plan
may be initiated by the board of supervisors upon its own motion or upon the
recommendation of the director of public works.
E. Fees paid pursuant to
this section shall be deposited in a planned local drainage facilities fund, and
interest earned by the deposits shall also be distributed and deposited to the
fund. A fund shall be established for each planned local drainage area. Moneys
in such fund shall be expended solely for the construction or reimbursement for
construction of the facilities serving the area and from which the fees
comprising the fund were collected, or to reimburse the county for the costs of
constructing the facilities.
F. The board of supervisors may approve the
acceptance of consideration in lieu of the payment of the fee established
herein.
G. The board of supervisors may approve the advancement of money
from the general fund to pay the costs of constructing the facilities covered
herein and may reimburse the general fund for such advances from local drainage
facilities funds established pursuant to this section.
H. If a subdivider,
as a condition of approval of a subdivision, is required or desires to construct
a local drainage facility, the board of supervisors may enter into a
reimbursement agreement with the subdivider. Such agreement may provide for
payments to the subdivider from the fund covering that specific facility to
reimburse the subdivider for costs not allocated to the subdivider’s
property in the resolution establishing the area. If the fund covers more than
one facility, reimbursements shall be made on a pro-rata basis reflecting the
actual or estimated costs of the facilities covered by the fund.
I. The
following drainage plans for particular drainage areas are added by reference,
together with all maps, fees and the provisions pertaining thereto:
|
Drainage Area Number
|
Drainage Area Name
|
Ordinance Of Adoption
|
Date Of Adoption
|
|
One
|
Antelope Valley
|
87-0083
|
June 23, 1987
|
(Ord. 88-0081 § 1, 1988; Ord. 87-0083 § 2, 1987; Ord. 87-0026
§ 1, 1987.)
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