§ 21.32

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 quarterquarter-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 Director of Public Works. Plans, profiles, and specifications for such improvements shall be furnished to the Director of Public Works not later than the time of submitting the final map or parcel map to the Director of

Public Works for checking, and such plans, profiles, and specifications shall be subject to the approval of the Director of Public Works 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, gutters, and sidewalks, provided that such improvements are not necessary for drainage purposes, or to maintain an existing neighborhood pattern or bicycle and pedestrian paths or facilities in the neighborhood, or to ensure the safety and convenience of bicyclists and pedestrians, including children, senior citizens, and persons with disabilities.

(Ord. 2013-0001 § 6, 2013; 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.)

A.

The advisory agency may require access strips for flag lots to be paved with asphaltic concrete or Portland cement concrete, subject to the following minimum paving width requirements:

1.

In a compact lot subdivision, the vehicular access strip of a flag lot shall be paved to a width of not less than 10 feet;

2.

In all other cases, single-access strips for flag lots shall be paved to a width of 15 feet or to full width, whichever is less, and multiple-access strips shall be paved to a total width of 20 feet or to the full combined width of the access strips, whichever is less.

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. 2020-0032 § 9, 2020; Ord. 10485 § 15, 1972: Ord. 4478 Art. 10 § 191.3, 1945.)

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.)

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.)

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.)

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.)

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 Director of Public Works. Tree planting is not required unless it is determined by the advisory agency 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. 2013-0001 § 7, 2013; 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.

A.

Except as otherwise provided in Section 21.32.070.B and subsection B of this section, the subdivider shall, as part of the improvement of the street or highway, install sidewalks not less than five feet wide:

1.

On both sides of entrance and collector streets within the division of land;

2.

On both sides of loop, interior, and cul-de-sac streets;

3.

Along one side of service roads adjacent to abutting lots;

4.

Along highways shown on the County Highway Plan where no service road is provided and the lots in the division of land take direct access to the highway; and

5.

Along highways shown on the County Highway Plan where necessary in order to provide for the safety and convenience of pedestrians.

B.

The construction of sidewalks pursuant to this section shall not be required where at least one of the following conditions exist, provided that the advisory agency finds that the safety and convenience of bicyclists and pedestrians, including children, senior citizens, and persons with disabilities, is not jeopardized without such sidewalks:

1.

All lots in the division of land contain a net area of not less than 15,000 square feet or have a frontage of not less than 100 feet, except if sidewalks are necessary to serve such lots to maintain the continuity of the established neighborhood sidewalk pattern;

2.

The construction of sidewalks would be impractical because of topographical conditions, natural features, living trees, or existing buildings;

3.

Sidewalks will not be in keeping with the neighborhood pattern; or

4.

Sidewalks are not needed in and will not benefit the area.

(Ord. 2013-0001 § 8, 2013; 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.)

21.32.195 - On-Site Trees.

A.

Planting Requirement. In addition to the requirements of Section 21.32.160 (Street Tree Planting), the subdivider shall plant or cause to be planted within the front yard one tree for each 25 feet of street frontage for each parcel created by a residential division of land, as a condition of approval, except that a compact lot subdivision and the development of single-family residences therein shall be subject to the onsite tree planting requirements set forth in Section 22.140.585 (Single-Family Residences on Compact Lots).

B.

Location. The tree(s) planted pursuant to this section shall comply with the following location requirements:

1.

Trees shall be planted near enough to the sidewalk to provide shade on the sidewalk but also to maintain the required lines of sight from vehicles in the street. Trees shall not be planted in a manner that would cause root damage to the sidewalk or other public infrastructure;

2.

When multiple trees are required pursuant to this section, their trunks shall be planted a maximum distance of 25 feet apart; and

3.

Street trees located within the landscaped strip of the right-of-way may count towards meeting the requirement of subsection A regarding the number of trees, and the requirement of subsection B.2. regarding the 25-foot spacing of trees.

C.

Species. The species of tree(s) planted pursuant to this section shall be of a type that reaches a minimum shade canopy of 25 feet in diameter at the canopy's widest point, and grow to have at least seven feet between the bottom of the canopy and the base of the tree at expected maturity. The species of tree(s) planted pursuant to this section shall be subject to the review and approval of the Director of Regional Planning.

D.

Size. All required trees pursuant to this section shall be a minimum size of five gallons and shall have a minimum height of 10 feet at the time of planting.

E.

Waiver. The requirements of this section regarding the number of trees that must be planted may be waived or modified by the advisory agency when:

1.

The requirements are physically impractical because of existing development;

2.

The involved project is a condominium conversion;

3.

Mature trees already exist on-site at the required locations; or

4.

The requirements are found to be impractical due to topographic conditions, neighborhood patterns, or are otherwise not beneficial to the area.

(Ord. 2020-0032 § 10, 2020; Ord. 2013-0001 § 10, 2013; Ord. 2000-0068 § 1, 2000.)

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.)

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:

(Ord. 88-0081 § 1, 1988; Ord. 87-0083 § 2, 1987; Ord. 87-0026 § 1, 1987.)

Chapter 21.36 - BONDS AND DEPOSITS

21.36.010 - Deposits and fees for plan check, inspection or review of final clearance documents.

Before commencing any improvement or requesting the issuance of a final clearance, the subdivider shall pay the following to the director of public works:

A.

The sum required by Section 21.44.075 of this code for all street lights or street light systems to be installed;

B.

The sum required by Division 2 of Title 20 of this code, for all sewers and other improvements described in that division, to be constructed or installed;

C.

The sum required by Sections 21.44.065 and 21.44.067 of this code for plan checking and inspection of all storm drain improvements to be constructed or installed, except for those inspected pursuant to subsection E of this section;

D.

A sum estimated by the director of public works to cover the actual cost of plan checking and inspection of all improvements under his jurisdiction other than the improvements referred to in subsections A, B and C

of this section and a sum estimated by the director of public works to cover the actual cost of reviewing documents for the issuance of a final clearance for compliance with tentative map conditions under his jurisdiction. This section shall not affect the requirements for deposits or fees as may be prescribed in any other ordinance. This subsection applies to all tract maps, parcel maps, waivers, or certificates of compliance processed by the director of public works;

E.

The fee for the inspection of all highway or street improvements, including drainage structures determined by the director of public works to be incidental thereto. This fee shall be based on the estimated construction cost and calculated in accordance with the following schedule:

The foregoing fee shall be reviewed annually by the director of public works. Beginning on July 1, 1997, and thereafter on each succeeding July 1st, the amount of each fee shall be adjusted 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-Long Beach-Anaheim areas, as published by the United States Government Bureau of Labor Statistics, adjust each fee by said percentage amount and round up to the nearest dollar. Provided, however, no adjustment shall decrease any fee and no fee shall exceed the reasonable cost of providing services. When it is determined that the amount reasonably necessary to recover the cost of providing services is in excess of this adjustment, the director of public works may present fee proposals to the board of supervisors for approval.

(Ord. 96-0059 § 1, 1996; Ord. 12392 § 3, 1981; Ord. 11169 § 1, 1975; Ord. 6347 § 1 (part), 1954; Ord. 4478 Art. 11 § 211, 1945.)

• Editor's note: Fee changes in this section include changes made by the Department of Public Works due to increases in the Consumer Price Index and are effective July 1, 2025.

21.36.020 - Fee for excessive inspection requests.

Should the cost of inspecting any improvement, for which fees are set in accordance with Section 21.36.010, exceed 135 percent of the established fee and the work has not been completed, and the director of public works determines that the cause of the inspection cost overrun is the result of the actions of the subdivider and/or his contractor(s) and/or subcontractor(s), then the director may require that the subdivider pay additional inspection fees for the facility being inspected in the amount equal to the actual cost incurred.

(Ord. 96-0059 § 3, 1996.)

21.36.040 - Plan check and inspection deposits or fees—Payment of deficiencies.

If any deposit or fee made pursuant to Section 21.36.010 is less than sufficient to pay all of the costs of plan checking or inspection, the subdivider, upon demand of the Director of Public Works, shall pay an amount equal to the deficiency. If the subdivider fails or refuses to pay such deficiency upon demand, the county may recover the same by action in any court of competent jurisdiction. Until such deficiency is paid in full the improvement shall be considered uncompleted.

(Ord. 96-0059 § 4, 1996: Ord. 11169 § 2, 1975: Ord. 4478 Art. 11 § 214, 1945.)

21.36.050 - Improvement agreement—Faithful performance bond requirements.

The agreement referred to in Chapter 21.32 shall be accompanied by:

A.

A faithful performance bond guaranteeing the faithful performance of all work, the inspection of which is the duty of the county engineer, in a penal sum which, in the opinion of the county engineer equals the cost thereof, except for monumentation work. In the case of monumentation, the agreement shall be accompanied by money, negotiable bonds, savings and loan shares, or instruments of credit guaranteeing the faithful performance of the work;

B.

A faithful performance bond guaranteeing the faithful performance of all work, the inspection of which is the duty of the road commissioner, in a penal sum which, in the opinion of the road commissioner, equals the cost thereof.

(Ord. 11665 § 54, 1978: Ord. 4478 Art. 11 § 215, 1945.)