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A. Street Standards Committee. There is hereby created a Street Standards Committee (Committee) to be composed of the Director of Planning, as Chair, the City Engineer and the General Manager of the Department of Transportation, or their designees.
This Committee shall:
1. Recommend to the Commission minimum width and improvement standards for all classes of public and private streets and alleys. The Commission shall adopt such minimum width and improvement standards as it determines are necessary for the safe and adequate movement of pedestrians, bicyclists, transit service and vehicular traffic, the increased retention and detention of stormwater, the installation of necessary utilities and for reasonable and proper access to abutting properties. Such standards shall not be applicable to any street or alley for which the City Council, by ordinance, adopts specific standards.
2. Modify the Complete Street Design Guide (CSDG) on an as-needed basis to align the CSDG with current and innovative street design practice.
B. Adoption of Standards. A public hearing shall be conducted by the Commission prior to the approval of any change in the standards, pursuant to the procedures in Sec. 13B.1.5. (Policy Action) of Chapter 1A
of this Code.
C. Conformance to General Plan. Each Tentative Map shall be designed in compliance with the zoning applying to the property or approved by the City Council for change or shall be subject to a condition requiring compliance with such zoning prior to the recordation of the final map.
In addition, where a Tentative Map involves land for which a General Plan including dwelling unit densities has been adopted by the Council, and said land is also in an “H” Hillside or Mountainous Area established by Article 2 (Specific Planning – Zoning Comprehensive Zoning Plan) of this Chapter, the number of lots on said map shall be limited so that the number of dwelling units permitted by the applicable zoning regulations shall not substantially exceed the dwelling unit densities shown on said plan.
Each Tentative Map shall substantially conform to all other elements of the General Plan. In computing the number of dwelling units, only the area being designated for residential use and land that is being dedicated for public uses shall be considered, excepting, however, land set aside for street purposes, or land required to be dedicated for park and recreation purposes pursuant to Ordinance 141,422. However, in the Greater Downtown Housing Incentive Area, the area used for computing the allowable floor area of a residential (including Apartment Hotel or mixed-use) building shall be the lot area including any land to be set aside for street purposes.
In Hillside Grading Areas, as defined in Section 17.05 (Definitions) of this Article, which are designated in the Minimum Density housing category by the applicable element of the General Plan adopted by the City Council, the dwelling unit density shall not exceed that allowed by the following formula:
D | = | 50 - S |
35
|
Where: D = the maximum number of dwelling units per gross acre allowable, and
S = the average natural slope of the land in percent.
Where the total allowable number of dwelling units per parcel map or tentative tract map calculated under the above formulas results in a number other than a whole number, it shall be rounded to the nearest whole number as follows: where the fractional portion of the total allowable number of dwelling units equals .5 or more, the total number of allowable dwelling units shall be rounded to the next larger whole number; where the fractional portion of the total allowable number of dwelling units equals less than .5, the total number of allowable dwelling units shall be rounded to the next smaller whole number.
In no case shall the permitted density be less than 0.05 dwelling units per gross acre. Where the total allowable number of dwelling units per tentative tract map calculated under the above formula results in a number less than one, it shall be rounded up to allow one dwelling unit per tentative tract map. Where previous grading on a site makes it difficult to determine average natural slope using the above formula, the Director of Planning shall determine the average natural slope in a manner to carry out the purpose and intent of this Subsection.
D. Streets.
1. Right-of-Way and Roadway Widths. All streets and alleys shall be designed to conform with the Commission’s adopted standards. The requirements and exceptions set forth in Section 12.37 (Highway and Collector Street Dedication and Improvement), however, shall apply.
2. Street Grades. Grades of all streets shall be as flat as consistent with adequate surface drainage requirements and the approved development of the proposed subdivision. The minimum grade permitted shall be four-tenths of one percent, except in extremely flat areas where a grade of two-tenths of one percent may be used. The maximum grade permitted for major and secondary highways shall be six percent, except where a grade not to exceed ten percent will eliminate excessive curvature, fill or excavation. The maximum grade permitted for collector streets shall be ten percent and for local streets shall be 15 percent. Variations from these requirements may be granted by the Advisory Agency upon recommendation by the City Engineer in individual cases in accordance with the provisions of Section 17.11.
Changes in grade greater than four-tenths of one percent shall be connected by vertical curves. The length of vertical curves shall conform to standards for sight distance and riding qualities established by the City Engineer.
3. Future Streets. In the event certain streets or alleys in a subdivision are to be reserved for future public use and they have been approved as to location and width, they shall be indicated on the Final Map and offered for dedication as future streets or future alleys. Certificates providing that the City may accept the offer to dedicate such easement at any time shall be shown on the Final Map.
4. Corner Cut-Off. At all block corners the property line shall be rounded. On all major and secondary highways, the corner shall have a 20-foot radius curve and on all other streets, a 15-foot radius curve; provided, however, that where commercial development is permitted, a diagonal cutoff of 15-feet × 15-feet in lieu of a 20-foot radius curve and a 10-foot × 10-foot cutoff in lieu of a 15-foot radius curve may be used. In industrial zones the curves shall have a minimum radius of at least 40 feet.
5. Curves – Horizontal. The center line radii of curves shall be as large as possible, consistent with conditions. All curves shall have sufficient length to avoid the appearance of an angle point. Reversing curves shall be connected by tangents of length approved by the City Engineer as sufficient to safely reverse the unbalanced centrifugal force. In any case, horizontal curves shall have the following minimum center line radii:
Major and Secondary Highways 1,000 feet
Collector Streets 500 feet
Local Streets, Not Hillside 300 feet
Local Streets, Hillside Area 125 feet
6. Intersections. Street intersections shall be at as near to a right angle as possible. No jogs shall be allowed in the continuity of an arterial street. Jogs in a non-arterial street where crossing an arterial street shall be held to a minimum. Multiple intersections of more than four approaches should be avoided. In hillside areas special conditions may be required.
7. Cul-de-sac Streets. Cul-de-sac streets should be avoided except in locations where physical constraints prohibit the continuation of the street (such as where a river or railroad infrastructure is present) or where made necessary by historical development patterns. Where cul-de-sac streets are approved, they shall be terminated by a turning area conforming to the latest standards approved by the Commission. Where feasible, existing cul-de-sacs should be modified and new cul-de-sacs should be designed to include a passageway for bicycles and pedestrians to access the surrounding area.
8. General. All streets within and/or immediately adjacent to the subdivision shall be improved with curbs and gutters, unless not required by the Advisory Agency upon recommendation of the City Engineer.
Streets within and/or immediately adjacent to the subdivision shall be improved with sidewalks, except that in mountainous, hillside or rural areas, sidewalks may be omitted or may be provided on only one side of the street with the approval of the Advisory Agency.
E. Alleys.
1. Alleys shall be not less than 20 feet in width. Alleys serving industrial zones shall be 30 feet wide, unless otherwise approved by the Advisory Agency. All dead-end alleys shall be constructed with adequate turning areas. Whenever practicable, alleys shall be required at the rear of all lots that are in residential zones and that front an arterial street. Alleys may also be required at the rear of lots in commercial and industrial zones.
2. Alley Intersections. Where two alleys intersect, a triangular corner cut-off of not less than 10 feet along each alley line shall be provided.
F. Pedestrian Walks. If the Advisory Agency determines that inner-block pedestrian walks are necessary for the public health, safety or welfare, they shall be dedicated to a width of not less than 12 feet. The Advisory Agency, however, shall only impose such a dedication requirement after finding that the dedication bears an essential nexus and rough proportionality to a project impact.
G. Blocks. Blocks in residentially and industrially zoned areas shall not exceed 1,700 feet in length, except in hilly areas. Commercial blocks shall not exceed 800 feet in length except in locations where the prevailing block length (within 1/2 mile) is less than 800 feet. In such instance, the new block shall not exceed the average prevailing block length.
H. Lot Size. Every lot shall have a minimum width and area to comply with the requirements as specified in Article 2 (Specific Planning – Zoning Comprehensive Zoning Plan) of this Chapter for the zone in which the lot is located, provided, however, that every lot located in a “C” Commercial Zone and for which no minimum width is specified in said article shall have a minimum width of 40 feet. All lots in a residential planned development shall comply with the standard residential conditions of Sec. 13.04 (“RPD” Residential Planned Development Districts) of this Code, and the conditions of approval of the development.
1. When the Advisory Agency determines that traffic access, topography, and drainage conditions will safely allow lot averaging, and when the subdivider has demonstrated to the satisfaction of the Advisory Agency in a written report that such averaging is consistent with proper subdivision design, and in addition will produce, one or more of the following benefits: require less grading than would a subdivision of conventional design not utilizing lot averaging; result in improved lot design; or produce other environmental benefits; the Advisory agency may permit the width and area of not more than 20 percent of the lots in a subdivision located in the “H” Hillside or Mountainous Area to be reduced as specified below, provided that the average area of all lots in said subdivision is not less than the following requirements:
[LOT AREA IN SQUARE FEET]
[Zone] | Minimum to Which Lot Width May Be Reduced | Minimum to Which Area May Be Reduced | Average Requirement |
RA-H | 63 feet | 14,000 | 17,500 |
RE40-H | No Reduction | 32,000 | 40,000 |
RE20-H | 72 feet | 16,000 | 20,000 |
RE15-H | 72 feet | 12,000 | 15,000 |
RE11-H | 63 feet | 8,800 | 11,000 |
RE9-H | 60 feet | 7,200 | 9,000 |
In computing such average, that portion of any lot exceeding 150 percent of the average requirement shall not be included, provided however, that in the RA Zone the maximum area of any lot that may be used in computing the average shall be 24,500 square feet.
In a tract wherein one or more lots have less than the average requirement for the zone, no lot shall be rearranged or divided unless: (1) the average requirement for the original Final Map is maintained, and (2) such rearrangement or division is accomplished by recording a new Final Map or a Parcel Map, or by securing determination that said proposed rearrangement or division is exempt from the Parcel Map procedure as provided for in Section 17.50 B.3.(c) (Parcel Maps General Provisions; Scope).
2. Where it finds it necessary in order to promote the general welfare, the Advisory Agency may require that lots which are contiguous or nearby to existing lots on the same street may be increased in size so as to be compatible with the size of such existing lots. However, in no case may the Advisory Agency require such lots to contain an area of over 50 percent more than that required by the applicable provisions of Article 2 (Specific Planning – Zoning Comprehensive Zoning Plan) of this Chapter.
3. Property in commercial or industrial zones need not be divided into more than one lot where such property is to be operated as a unit.
4. Each portion of the lot which is platted so as to be divided by a City or County boundary line shall be given a separate letter or number on the recorded tract map.
5. The side lines of lots shall be approximately at right angles to the streets, or radial to the street on curved streets, except where topography or other conditions make this impracticable.
6. Where it finds that there will be no material increase in the dwelling unit density permitted by the zone, and that the public health, safety or welfare and good subdivision design would be promoted by the dedication of public streets to a width in excess of the approved standards provided for in this section, or the dedication of service roads, or the dedication or reservation of land for public parks, public uses or other open areas, the Advisory Agency may permit the required area of one or more of the lots in a subdivision in an RA, RE, or RS Zone to be reduced to the extent of such dedication or reservation. Provided however, that in no event shall such a reduction exceed 15%; and, no lot in a RA-H or RE-H Zone shall be permitted to be reduced below the minimum area specified therefor in Subdivision 1. of this Subsection.
7. Where the Advisory Agency finds the project is consistent with the dwelling unit density permitted by the General Plan, and that the public health, safety or welfare and good subdivision design will be promoted by the preservation of protected trees, the Advisory Agency may permit the required area of one or more of the lots in a subdivision in an “RA”, “RE”, “RS” or “R1" Zone to be reduced by an amount sufficient to provide for protected tree preservation in accordance with Subsection P. (Protected Tree Regulations) of this Section. Provided, however, that in no event shall the reduction exceed 50 percent of the required lot area; no “RA” or “RE” lot shall be reduced below 50 feet in width; no “RS” or “R1" lot shall be reduced below 40 feet in width; and no lot in a designated “K” Horsekeeping District shall be reduced below 17,500 square feet.
8. Notwithstanding any other provision of this Chapter, where the Advisory Agency finds that there will be no increase in density and that the density provisions of the General Plan will not be exceeded, it may approve subdivisions in the R2, RD, R3, R4 and R5 zones, meeting the requirements of Section 12.22 C.25. (Exceptions; Area; Zero Side and Rear Yard Development in Multiple Residential Zones) of this Chapter. The minimum lot area of lots in any such subdivision shall be 2,500 square feet.
9. In calculating the density of a subdivision proposed to be developed with residences permitted by Sections 12.08.3 B.1. (RZ Residential Zero Side Yard Zone; Use) and 12.22 C.25. (Exceptions; Area; Zero Side and Rear Yard Development in Multiple Residential Zones) of this Chapter, the area contained within public streets shall be deducted from the gross area of the subdivision; however, the area contained within private streets, public alleys and driveways shall not be deducted from the gross area of the subdivision.
10. In calculating the allowable floor area of a subdivision proposed to be developed as a residential (including Apartment Hotel or mixed use) building in the Greater Downtown Housing Incentive Area, any land required to be dedicated for street purposes shall be included as part of the lot area of the subdivision.
I. Easements. Easements for public utilities, water system, sewers, street lights, storm drains or flood control channels, and slope rights shall be provided wherever determined necessary by the Advisory Agency upon recommendations of the City Engineer.
Wherever it is determined that future easements are necessary, a certificate shall be placed on the Final Map indicating that the City may accept such easements at any time.
J. Hillside Grading Areas. Design requirements for subdivisions in Hillside Grading Areas shall meet the grading standards established by the Board of Public Work and the grading regulations established by Article 1 (Building Code) of Chapter 9 (Building Regulations) of this Code. Such requirements may also include providing soil reports prepared by a Registered Civil Engineer specializing in Soil Mechanics and/or reports on geological investigations.
K. Problem Areas. Areas designated by resolution of the Board of Public Works as problem areas shall not be subdivided except when approved by the Advisory Agency upon recommendation of the Superintendent of Building and the City Engineer.
L. Grading Plans. The Advisory Agency may require a proposed grading plan with the Tentative Map of any subdivision. Upon recommendation of the Superintendent of Building or the City Engineer, or where it appears that cuts and fills will occur in the grading of the property which may be contrary to the objectives of this Article, the Advisory Agency shall require the subdivider to submit grading plans for all or part of the tract before action on the Tentative Map will be taken. Any grading plan submitted shall contain thereon a statement of the quantities (in cubic yards) of cut and fill and quantities of export or import material involved. If the amount of earth material to be imported to or exported from a subdivision site is 1,000 cubic yards or more, statements of the following shall also be included: the proposed borrow or disposal site; the proposed haul route; the total gross weight with load of the proposed haul vehicles; as well as other pertinent data which the Advisory Agency may require.
Failure to furnish such a grading plan (where necessary to complete the investigation of the Tentative Map within the time specified in the written notice requesting its submission) shall be cause for the disapproval of the Tentative Map unless an extension of the time for acting on said map is mutually agreed upon between the subdivider and the Advisory Agency.
If changes in the design of the lots or street system can be made to correct the conditions set forth in Subsection J. of this section, either by increased lot sizes or changes in grades, such modifications shall be made.
M. Storm Drains. Storm drains shall be designed in conformance with standards approved by the City Engineer. Storm drain facilities to intercept and convey all runoff to a suitable point of disposal shall be required when runoff from the entire area tributary to and including the subdivision exceeds the limiting depth of street flow as determined by the City Engineer. These storm drain requirements shall also include the following:
1. In areas without sumps, storm drains shall be designed to remove all runoff from a storm of 10-year frequency.
2. In sump areas, storm drains shall be designed to remove all runoff from a storm of 50-year frequency.
3. Storm drains shall be of sufficient capacity in all cases to prevent flooding of building sites from a storm of 50-year frequency.
4. On sidehill streets, the maximum depth of water as determined by the City Engineer shall be based on a storm of 50-year frequency.
N. Installation of Utilities. Utility lines, including but not limited to those required for electricity, communication, street lighting and cable television services necessary for the general use of the lot owners in the subdivision, shall be installed or guaranteed to be installed in the same manner as other required improvements.
In all portions of a Tract Map area classified in the A, R or C zones, all such utility lines shall be installed underground, provided, however, that incidental, appurtenant equipment such as transformers, terminal boxes and meter cabinets may be placed above ground but shall conform with regard to placement and height with those standards adopted by the Commission as it determines are necessary to safeguard the public against hazards created by said equipment and to further the purposes of this article. The Subdivision Committee shall make its report and recommendation of the Commission prior to the adoption of said standards.
The subdivider shall make the necessary Cost and other arrangements for such underground installation and for relocation of existing facilities with each of the persons, firms, or corporations furnishing utility services involved.
O. Sites for Models. Not more than 15% of the lots and in no case more than 20 lots at any one time in a subdivision may be designated as sites for the construction of models, and, with respect to multiple unit structures, not more than 15% of the units and in no case more than 20 units at any one time in a proposed building designated as a model site, may be designated as models.
Each of the sites shall be located in a manner as to not adversely affect existing developed residential properties. Further, each of the sites shall be easily accessible and provision for the accessibility shall be assured at the time that the tentative map is conditionally approved.
P. Park and Recreation Sites. Park and recreation sites to serve the future inhabitants of each new subdivision shall be provided and located in conformance with the standards contained in the Recreation Element of the General Plan.
Q. Where Subdivision Includes Land Within Drainage District. Whenever a Subdivision or a portion thereof includes land which is within a Local Drainage District, the provisions and requirements of the ordinance establishing such District shall be complied with.
R. Protected Tree Regulations. No protected tree may be relocated or removed except as provided in this Article or Article 6 (Preservation of Protected Trees) of Chapter 4 (Public Welfare) of this Code. The term “removed” or “removal” shall include any act that will cause a protected tree to die, including but not limited to acts that inflict damage upon the root system or other parts of the tree by fire, application of toxic substances, operation of equipment or machinery, or by changing the natural grade of land by excavation or filling the drip line area around the trunk.
1. Required Determinations. Subject to historical preservation requirements set forth in Subdivision 3. of this Subsection, when a protected tree exists within a proposed subdivision, the tree may be relocated or removed if the Advisory Agency, in consultation with the City’s Chief Forester, determines the existence of either (a) or (b) below:
(a) There has been prior applicable government action in which:
(i) The removal of the tree had been approved by the Advisory Agency; or
(ii) The property upon which the protected tree is located has been the subject of a determination by the City Planning Commission, the City Council, a Zoning Administrator, or an Area Planning Commission, the appeal period established by this Code with respect to the determination has expired, the determination is still in effect, and pursuant to the determination, the protected tree’s removal would be permissible; or
(iii) A building permit has been issued for the property upon which the protected tree is located, the permit is still in effect, and the removal or relocation is not prohibited by the permit.
(b) The removal of the protected tree would not result in an undesirable, irreversible soil erosion through diversion or increased flow of surface waters that cannot be mitigated to the satisfaction of the City’s Chief Forester, and the physical condition or location of the tree is such that:
(i) Its continued presence in its existing location prevents the reasonable development of the property; or
(ii) According to a report required pursuant to Section 17.06 C. (Protected Tree Report for Tentative Tract Maps), acceptable to the Advisory Agency and prepared by a tree expert, there is a substantial decline from a condition of normal health and vigor of the tree, and its restoration through appropriate and economically reasonable preservation procedures and practices is not advisable; or
(iii) It is in danger of falling due to an existing and irreversible condition.
(iv) Its continued presence at its existing location interferes with proposed utility services or roadways within or without the subject property, and the only reasonable alternative to the interference is the removal of the tree; or
(v) It has no apparent aesthetic value, which will contribute to the appearance and design of the proposed subdivision; or it is not located with reference to other trees or monuments in such a way as to acquire a distinctive significance at the location.
2. Supplemental Authority. In the event the Advisory Agency, in consultation with the City’s Chief Forester, determines pursuant to Subdivision 1.(b) above, that a protected tree may be removed or relocated, the Advisory Agency may:
(a) Require relocation elsewhere on the same property where a protected tree has been approved for removal, and where the relocation is economically reasonable and favorable to the survival of the tree. Relocation to a site other than upon the same property may be permitted where there is no available or appropriate location on the property and the owner of the proposed off-site relocation site consents to the placement of a tree. In the event of relocation, the Advisory Agency may designate measures to be taken to mitigate adverse effects on the tree.
(b) Permit protected trees of a lesser size, or trees of a different species, to be planted as replacement trees for protected trees permitted by this Code to be removed or relocated, if replacement trees required pursuant to this Code are not available. In that event, the Advisory Agency may require a greater number of replacement trees.
3. Historical Monuments. The Advisory Agency, except as to Subdivision 1.(b)(iii) above, shall require retention of a protected tree at its existing location, if the tree is officially designated as an Historical Monument or as part of an Historic Preservation Overlay Zone.
4. Requirements. In the event the Advisory Agency, in consultation with the City’s Chief Forester, determines pursuant to Subdivision 1.(b) above that a protected tree may be removed or relocated, the Advisory Agency shall require that:
(a) The protected tree is replaced within the property by at least two trees of a protected variety included within the definition set forth in Section 17.02 (Definitions) of this Article, except where the protected tree is relocated pursuant to Subdivision 2.(a) above. The size of each replacement tree shall be a 15-gallon, or larger, specimen, measuring one inch or more in diameter at a point one foot above the base, and not less than seven feet in height, measured from the base. The size and number of replacement trees shall approximate the value of the tree to be replaced.
(b) The subdivider record those covenants and agreements approved by the Advisory Agency necessary to assure compliance with conditions imposed by the Advisory Agency and to assure protected tree preservation.
(c) The subdivider provide protected tree maintenance information to purchasers of lots within the proposed subdivision.
(d) The subdivider post a bond or other assurance acceptable to the City Engineer to guarantee the survival of trees required to be replaced or permitted or required to be relocated, in a manner to assure the existence of continuously living trees at the approved replacement or relocation site for three years from the date that the trees are replaced or relocated. The City Engineer shall use the provisions of Section 17.08 G. (Improvements; Guarantees) of this Article as its procedural guide in satisfaction of the bond requirements and processing. Any bond required shall be in a sum estimated by the City Engineer to be equal to the dollar value of the replacement tree or of the tree that is to be relocated. In determining value for these purposes, the City Engineer shall consult with the Advisory Agency, the City’s Chief Forester, the evaluation of trees guidelines approved and adopted for professional planters by the International Society of Arboriculture, the American Society of Consulting Arborists, the National Arborists Association and the American Association of Nurserymen, and other available, local information or guidelines.
5. Grading. The Advisory Agency is authorized to prohibit grading or other construction activity within the drip line of a protected tree.
S. Mulholland Scenic Parkway. Notwithstanding the street standards adopted by the City Planning Commission pursuant to this section, the width and improvement standards for the Mulholland Scenic Parkway shall be substantially as follows: two travel lanes, one in each direction, each 15 feet wide; passing lane segments and turn pockets where necessary to facilitate movement of traffic; substantial conformance to existing roadway alignment; no median strip except to facilitate turning movements; hard surfaced shoulders but with a natural look, separated from the roadway by a painted line where the shoulder is utilized for bikeway purposes; minimum street and driveway access to the Parkway; reasonable protection of a scenic corridor 500 feet more or less, depending on topography, from each side of the existing right-of-way, to preserve the scenic quality and for the development of parks, vista points, parking facilities, and continuous bicycle, equestrian and hiking trails; all utilities to be underground; all necessary signs and road related fixtures to be of a special design to blend with the scenic character of the Parkway; grading to be kept to an absolute minimum; all necessary grading to be gently contoured and fully landscaped with fire-resistant plants to present a natural appearance.
It shall be the duty of the Advisory Agency to interpret and apply these standards in conformance with the spirit and intent of the Report of the Citizens’ Advisory Committee on the Mulholland Scenic Parkway as adopted as City policy by the City Council on March 26, 1973, under Council File No. 70-5000, or with such Parkway plans as may subsequently be adopted.
Said standards are applicable to any subdivision or parcel map within 500 feet of the right-of-way of Mulholland Drive between the Hollywood Freeway on the west and Mulholland Highway on the west and along Mulholland Highway to the southerly city boundary, as shown on the City Engineer’s official cadastral or district maps.
T. Valley Circle Boulevard – Plummer Street Scenic Corridor. Notwithstanding the street standards adopted by the City Planning Commission pursuant to this section, the width and improvement standards for Valley Circle Boulevard from Roscoe Boulevard to Plummer Street and for Plummer Street from Valley Circle Boulevard to Topanga Canyon Boulevard shall be substantially as follows:
1. Two travel lanes, one in each direction;
2. Left turn pockets as needed;
3. 48 feet of paved roadway, including 2-foot wide concrete gutters and curbs;
4. No continuous raised median strip;
5. Wide shoulders to accommodate recreation trails;
6. Minimum street and driveway access to the roadway;
7. All utilities to be underground;
8. Lighting only at intersections and parking areas, and kept to a minimum useful Intensity;
9. Fire Hydrants and light standards located away from the roadway for increased safety;
10. Picnic areas, drinking fountains, restrooms facilities, watering troughs, hitching rails and simple shade structures provided at suitable locations;
11. The general design and development of the roadway, trails, turnouts, and all appurtenant fixtures, facilities and amenities to be rustic, natural and in keeping with the scenic character of the corridor;
12. Reasonable protection of a scenic corridor, 1,500 feet more or less depending on topography, from each side of the existing rights-of-way, to preserve the scenic quality, protect long-distance views, and for the development of parks, vista points, parking facilities, and continuous trails;
13. Specific dimension standards for a 100-foot- wide right-of-way, the preferred width, shall be a 14-foot-wide two-way bicycle path, a hiking trail meandering in a 10-foot-wide landscaped parkway, a 16-foot-wide equestrian trail bordered by bolted wood fences and a 12-foot-wide parkway on the opposite side of the roadway;
14. The dimension standards for an 86-foot- wide right-of-way shall be a 12-foot-wide two-way bicycle path, hiking trail meandering in an 8-foot-wide landscaped parkway, a 12-foot-wide equestrian trail bordered by bolted wood fences and a 6-foot-wide parkway on the opposite side of the roadway;
15. Trails to be built prior to or concurrently with the roadway, and to have suitable crossings and access to areas of interest;
16. Attractively designed masonry walls and/or screening landscaping along the edges of private developments adjacent to the scenic corridor;
17. Maximum preservation of natural terrain and vegetation;
18. Grading to be kept to an absolute minimum; all necessary grading to be gently contoured and fully landscaped with native, low-water-need, fire-resistant plants to present a natural appearance;
19. All buildings in the corridor to be placed so as to preserve a clear line of sight from the roadway to the visible mountain crest;
20. Off-site advertising signs to be prohibited within the corridor;
21. On-site advertising, traffic, informational and regulatory signs to be kept to a minimum number and size, and to be of special rustic design.
It shall be the duty of the Advisory Agency to interpret and apply these standards in conformance with the spirit and intent of the Valley Circle Boulevard Plummer Street Scenic Corridor Study adopted as City policy by the City Council on March 28, 1977, under Council File No. 77-82, or with such parkway plans as may subsequently be adopted.
The standards stated herein are applicable to any subdivision or parcel map within 1500 feet of the right-of- way of Valley Circle Boulevard from Roscoe Boulevard to Plummer Street and of Plummer Street from Valley Circle Boulevard to Topanga Canyon Boulevard as shown on the City Engineer’s official cadastral or district maps.
U. Preliminary Soils Report. A preliminary soils report, prepared by a civil engineer registered in California, and based upon adequate test borings is required with the Tentative Map of any subdivision. Provided that the Advisory Agency may waive the preliminary soils report upon its determination that no preliminary analysis is necessary due to its knowledge of the soils qualities of the soils of the subdivision.
If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required. Such soils investigation shall be done by a civil engineer registered in California, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists. The Advisory Agency may approve the subdivision or a portion thereof where such soils problems exist if it determines that the recommended corrective action is likely to prevent structural damage to each structure to be constructed, and as a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure.
A. Procedure.
1. Filing Notice and Reports. The subdivider shall pay the necessary fees for and file with the City Planning Department at least 25 copies of the Tentative Map, two copies of an area map showing the location of ownerships which are located within the area covered by the Tentative Map and within a 500-foot radius of the proposed subdivision; and two copies of a certified list showing the names and addresses of owners of all property and the addresses of all residential, commercial, and industrial occupants of all property located within 500 feet of the proposed subdivision.
2. Action of Advisory Agency. The Advisory Agency shall approve, conditionally approve or disapprove the Tentative Map pursuant to Sec. 13B.7.3. (Tentative Tract Map) of Chapter 1A
of this Code.
(a) The Advisory Agency may disapprove a Tentative Map because of the flood hazard, inundation, lack of adequate access, lack of adequate water supply or fire protection, insufficient sewerage facilities, potentially hazardous geological conditions or non- compliance with the requirements of this Article, the Subdivision Map Act, or the standards, rules or regulations adopted by the Commission pursuant to the provisions of Section 17.05 (Design Standards) of this Article.
(b) Whenever two or more lots are to be created on a common slope and the City Engineer or Superintendent of Building determines that conditions so dictate, the Advisory Agency may require as a condition of approval of the Tentative Map that appropriate deed covenants, on a form approved by the City Attorney, be recorded which provide to each owner of said common slope a joint right of entry for necessary access of persons and equipment, and a joint easement over the slope area to maintain and repair any portions of said common slope.
(c) All streets on the Tentative Map shall be identified by their proposed names. All proposed street names shall be approved by the City Engineer. The Advisory Agency may withhold approval of the map if the City Engineer has determined that a proposed street name would create confusion, be misleading, be unduly long or carry connotations offensive to good taste and decency.
(d) The Department of Building and Safety may issue a building permit for a small lot subdivision if the applicant for the permit has received a vesting Tentative Tract Map approval or Preliminary Parcel Map approval for the project and has submitted proof to the satisfaction of the Department of Building and Safety that a covenant and agreement has been recorded. This covenant and agreement shall state that the applicant and the applicant’s successors and assignees agree that the building permit is issued on the condition that a certificate of occupancy (temporary or final) for the building cannot be issued until after the final map has been recorded. The Department of Building and Safety shall then issue the building permit based upon the approved Tentative or Preliminary Map and its conditions of approval. The dedication, improvement, and sewer requirements identified in the approved Tentative or Preliminary Map or its conditions of approval must be guaranteed to the satisfaction of the Bureau of Engineering at the time of building permit issuance. Projects with the following features are not eligible to receive building permits prior to the recordation of a final map: off-site common access or a street or alley vacation or merger.
B. Map Requirement. Tentative Maps filed with the City Planning Department shall be prepared by or under the direction of a licensed surveyor or registered civil engineer. Such maps shall clearly show all information required by this article, and shall be drawn to an engineer’s scale of not less than one inch equals 200 feet.
The Tentative Map shall contain all the following:
1. The tract number.
2. Sufficient legal description of the property to define its boundaries.
3. Names, addresses and telephone numbers of the record owner, subdivider, and person preparing the map.
4. North point, engineering scale, date and area.
5. The widths and approximate locations of all existing and proposed public easements or rights of way, or private street easements, within and adjacent to the property involved.
6. Locations, widths and approximate grades of existing and proposed highways, streets, alleys or ways, whether public or private within and adjacent to the property involved.
7. Existing street names, and names or designations for all proposed streets and highways.
8. Approximate radii of all center line curves for streets, highways, alleys or ways.
9. Lot layout, approximate dimensions of each lot and number of each lot.
10. The locations of potentially dangerous areas, including geologically hazardous areas and areas subject to inundation or flood hazard; the location, width and direction of flow of all watercourses, flood control channels, and mud or debris paths where ravines or swales will exist within and adjacent to the property involved; building setbacks from such hazards, the proposed method of providing flood, erosion and mud or debris control; and areas where access and emergency paths will be located in the event flood design capacity is exceeded. Lot lines shall be located so that the flow of watercourses and mud and debris paths, access and emergency paths, and setbacks shall be adjacent to lot lines or in areas or restrictions against construction.
11. The existing contour of the land at intervals of not more than five feet, and of not more than two- foot intervals if the slope of the land is less than five percent.
12. The approximate location of all buildings or structures on the property involved which are to be retained, notations concerning all buildings which are to be removed, and approximate locations of all existing wells.
13. The approximate location and general description of any large or historically significant trees and of any protected trees and an indication as to the proposed retention or destruction of the trees.
14. If any streets shown on the Tentative Map are proposed to be private streets, they shall be clearly indicated. Such streets shall conform to the requirements of Article 8 (Private Street Regulations) of this Chapter or shall have been previously approved in accordance with the then applicable provisions of the said article.
15. The proposed method of providing sewage disposal and drainage for the property.
16. A statement regarding existing and proposed zoning.
C. Protected Tree Reports for Tentative Tract Maps. No application for a tentative tract map approval for a subdivision where a protected tree is located shall be considered complete unless it includes a report, in a form acceptable to the Advisory Agency and the City’s Chief Forester, which pertains to preserving the tree and evaluates the subdivider’s proposals for the preservation, removal, replacement or relocation of the tree. The report shall be prepared by a tree expert and shall include all protected trees identified pursuant to Subdivision 13. of Subsection B. (Map Requirements) of this Section.
In the event the subdivider proposes any grading, land movement, or other activity within the drip line of a protected tree referred to in the report, or proposes to relocate or remove any protected tree, the report shall also evaluate any mitigation measures proposed by the subdivider and their anticipated effectiveness in preserving the tree.
A. Time Limit. See Sec. 13B.7.3.F.2. (Tentative Tract Map; Scope of Decision; Time Limit for Final Map Filing) of Chapter 1A
of this Code.
C. Final Map Requirements. The following information shall be submitted with the Final Map: names, addresses and telephone numbers of the record owners, subdivider and person preparing the Final Map. The general form and layout of the map, including size and type of lettering, drafting and location of acknowledgments, etc. shall be determined by the City Engineer. The map shall be prepared on high-quality tracing cloth or other material approved by the City Engineer.
1. Each sheet of said Final Map shall be 18 × 26 inches. A marginal line shall be drawn completely around each sheet, leaving a blank margin of one inch. The scale of the map shall be such as to show all details clearly. Each sheet shall be numbered, and its relation to other sheets clearly shown. The tract number, scale and north point shall be shown on each sheet. If more than three sheets are necessary to show the entire subdivision, an index map shall be included on one of the sheets. The boundary line of a subdivision shall be indicated by distinctive symbols and clearly so designated.
2. Where any land to be subdivided is separated or divided into two or more parcels or portions by any parcel of land other than a street, highway, or other public way, or a railroad, public utility or flood control right-of-way, each separate parcel or portion thereof shall be subdivided as a separate parcel and shown on a separate subdivision map.
D. Boundary Evidence. Such stakes, monuments or other evidence determining the boundaries of the subdivision as are found on the ground, together with sufficient designations of adjoining subdivisions by lot and tract number and page of record, or by section, township and range, or other proper legal description as may be necessary to locate precisely the limits of the subdivision, shall be clearly and fully shown on the Final Map.
E. Monuments.
1. Boundary. Each Final Map shall show durable monuments of not less than two-inch steel pipe at least 24 inches long found or set at or near each boundary corner and at intermediate points, approximately 1,000 feet apart, or at such lesser distance as may be necessary by topography or culture to assure accuracy in reestablishment of any point or line without unreasonable difficulty. The precise position and character of each monument shall be shown on the Final Map. Where the elevation of the top of each such monument is not approximately level with the surface of the ground, its relative position shall be indicated.
The establishment of boundary monuments may be required by the Advisory Agency, the Appeal Board or the City Council upon appeal, prior to the recordation of the Final Map, however, such requirement may be modified to accept the submission of complete field notes as evidence of a thorough survey, or the setting of only a portion of the boundary monuments, or the referencing of monuments to adjacent reference points. The City Engineer shall submit a recommendation concerning this matter. Said reference points shall be indicated in a set of field notes showing clearly the ties between such monuments and sufficient number to set accurately each boundary monument after recordation of the Final Map. Said boundary monuments shall be properly located by coordinates in the California Coordinate System or in such manner as determined by the City Engineer to be suitable and sufficient.
2. Center Line. Complete center line data, including lengths of tangents and semi-tangents, shall be shown on the map for all streets within or adjoining the tract where no official center line has been previously established. In locations where the point of intersection falls on private property, chords shall be shown instead of semi-tangents. The subdivider shall have approved monuments placed with permanent references thereto and furnish a set of field notes to the City Engineer.
3. Deferment. In the event any or all of the monuments required to be set are subsequent to the recordation of the Final Map, the map shall clearly show and describe such monuments. All such monuments or the furnishing of notes thereon so deferred shall be agreed to be set and furnished by the subdivider.
When the placement of monuments is to be deferred, the Bureau of Engineering shall charge and collect a fee of $443 for the service of receiving and processing a bond to guarantee placement of the monuments.
4. Geodetic Controls. Ties to the Geodetic Triangulation System shall be provided where stations thereof have been established within reasonable distance from the subdivision boundary, and such ties are deemed necessary by the City Engineer.
F. Surveys.
1. Requirements. The procedure and practice of all survey work, done on any subdivision, shall conform to the accepted standards of engineering and surveying professions. The Final Map shall close in all its parts.
In the event the City Engineer shall have established the center line of any street or alley in or adjoining a subdivision, the Final Map shall show such center line together with the reference to a field book or map showing such center line and the monuments which determine its position. If determined by ties, that fact shall be stated on the Final Map.
2. Notes to be Furnished. For such center line monument set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the City Engineer a set of notes showing clearly the ties such monument and a sufficient number (normally four) of durable distinctive reference points or monuments. Such reference points may be lead and tacks in sidewalks, or curbs, or 2-inch × 2-inch stakes set back of the curb line and below the surface of the ground or such substitute thereof as appears to be not more likely to be disturbed.
Such set of notes shall be of such quality, form and completeness, and shall be on paper of such quality and size as may be necessary to conform to the standardized office records of the City Engineer. All such notes shall be indexed by the City Engineer as part of the permanent public records of the City Engineer’s office.
3. Identification Marks. All monuments set as required herein shall be permanently and visibly marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made.
G. Bearings.
1. Basis. The Final Map shall indicate thereon the basis of bearings, making reference to some recorded subdivision map, or other record acceptable to the City Engineer.
The Final Map shall have as the basis of bearings a line based on the Geodetic Triangulation System where ties to said system are deemed feasible by the City Engineer.
2. Distances. The bearing and length of each lot line, block line and boundary line shall be shown on the Final Map, and each required bearing and distance shall be indicated.
H. Lot Numbers. The lots shall be numbered consecutively commencing with the number 1, except as otherwise provided herein, with no omissions or duplications. Each numbered lot shall be shown entirely on one sheet.
I. Curve Data. The length, radius and total central angle and bearings of terminal radii of each curve and the bearing of each radial line to each lot corner on each curve, and the central angle of each segment within each lot shall be shown on the Final Map.
J. Easements.
1. Lines. The Final Map shall show all the necessary data including width and side lines of all public easements to which the lots in the subdivision are subject. If the easement is not definitely located on record, a statement as to the easement shall appear on the title sheet.
2. Designation. Easements shall be denoted by broken lines.
3. Identification. Each easement shall be clearly labeled and identified and, if already of record, proper reference to the records given. Easements being dedicated shall be so indicated in the Certificate of Dedication.
K. City Boundary Lines. City boundary lines crossing or abutting the subdivision shall be clearly designated and tied in.
L. Natural Water Course Designation. In the event that a dedication of right of way for flood control or storm drainage is not required, the location of any natural water course shall be shown on the Final Map, unless such natural water course, channel, stream or creek is, shown on the grading plans to be filled or otherwise eliminated by the grading of the tract.
M. Title Sheet. The title sheet for each Final Map of a subdivision shall contain all the certificates and acknowledgment required by the Subdivision Map Act. The wording of such certificates and acknowledgments shall be approved by the City Attorney. Forms of certificates and acknowledgment may be obtained from the City Engineer.
N. (This subsection intentionally left blank.)
The City Engineer shall cause to be filed, at the time of filing of any subdivision map with the County Recorder, a notice or notices which shall provide information with respect to each parcel in the subdivision regarding the obligation of any purchaser of such property to pay street lighting maintenance assessments pursuant to the provisions of Article 1 (Lighting District Procedures) of Chapter 3 (Street Lighting Improvements) of Division 6 (Special Assessment District Procedures) of the Los Angeles Administrative Code.
The subdivider shall execute and record with the County Recorder a notice identifying all sewer pumping and/or drainage facilities within the subdivision, either in existence or to be constructed, which could be maintained under maintenance district procedures authorized by Division 6 (Special Assessment District Procedures) of the Los Angeles Administrative Code. Such notice shall provide information regarding the possible obligation of each lot owner for assessments and shall be recorded at the time the final subdivision map is filed with the County Recorder.
A. Requirements. The streets, alleys, lots and easements in all subdivisions subject to the provisions of this Article shall be laid out to provide for sewer and drainage facilities. All streets and alleys and other public ways and easements within and immediately adjoining the subdivision, together with any drainage and sanitary sewer easements, shall be graded and improved to a width and grade in accordance with plans approved by the City Engineer. Other improvements as authorized by the Subdivision Map Act may be required.
1. In addition to permanent improvements, temporary improvements may be required to be made prior to or concurrent with permanent improvements. In Hillside Grading Areas, temporary erosion control devices shall be designed and installed in a manner approved by the Board of Public Works and the Department of Building and Safety.
2. If the subdivision has been submitted only for the purpose of clarifying records by consolidating existing lots and/or metes and bounds parcels, or for the purpose of absorbing vacated streets or alleys or for the purpose of reversion to acreage, the Advisory Agency upon the recommendation of the City Engineer may waive all or a portion of the improvements which otherwise would be required.
B. Improvement Plans. Final plans, profiles and specifications for improvements shall be furnished to the City Engineer for approval and processing concurrently with the checking of the Final Tract or Parcel Map. Such plans, profiles and specifications shall show full details for such improvements, and shall be in accordance with the standards adopted by the City of Los Angeles.
In lieu of final plans, profiles and specifications, the subdivider may furnish preliminary plans for improvements in a form satisfactory to the City Engineer, provided the subdivider agrees to furnish final plans, profiles and specifications to the City Engineer not later than six months from the date the Final Map or Final Parcel Map is filed for recording with the County Recorder. Preliminary plans shall be of sufficient detail and extent so as to permit the City Engineer to determine the type, extent, quantity and estimated cost of the required improvements.
C. Street Lighting. Plans for a street lighting system shall be submitted to and be approved by the Bureau of Street Lighting. The time requirement for submittal shall be as prescribed in Subsection B. of this Section.
D. (This subsection intentionally left blank.)
E. (This subsection intentionally left blank.)
F. Street Trees. Arrangements between the subdivider and the City shall be made whereby the subdivider either places street trees in subdivisions to the satisfaction of the Bureau of Street Maintenance of the Department of Public Works, or makes a cash payment to the City. The amount of cash payment shall be in accordance with rates established by the Board of Public Works. When planted by the City, street trees may be planted under contract or by City forces.
Any street tree planted by a subdivider, or for which a payment is made to the City of Los Angeles to provide such tree, shall be subject to the street tree maintenance fee set forth in Section 62.176 (Street Maintenance Fee) of Article 2 (Streets and Sidewalks) of Chapter 6 (Public Works and Property) of this Code.
G. Guarantees.
1. No Final Tract or Final Parcel Map shall be presented to the Council for approval until the subdivider / owner has completed the improvements, or has guaranteed that all improvements will be constructed and installed within a specified time. The requirement of guaranteeing the construction and installation of improvements shall not be waived under any condition except as provided herein. Final Parcel Maps, the preliminary maps for which have been approved by the Advisory Agency specifying that improvements are not required until such time as a building permit or other grant of approval for development is issued, are exempt from this provision. California non-profit corporations shall be exempt from these requirements to the extent provided in the Subdivision Map Act.
2. The guarantee shall be furnished in accordance with the provisions of this subsection:
a. Improvement Agreement. The subdivider / owner shall execute an Improvement Agreement. Under the terms of this agreement, the subdivider / owner shall, among other things, agree to construct and install the improvements at the subdivider / owner’s expense; shall warrant all work performed against any defective work or labor done, or defective materials furnished for a period of one year following acceptance by the City Engineer of all improvements; and shall agree to reimburse the City for all costs and reasonable expenses and fees incurred by the City in enforcing the terms of the agreement including reasonable attorney’s fees.
b. Improvement Security. Performance of the Improvement Agreement shall be guaranteed by one of the following, at the option of and subject to the approval of the City:
(1) A surety bond or bonds payable to the City, executed by the subdivider / owner as principal and one or more corporate sureties authorized to act as surety under the laws of the State of California and having a certificate of authority as acceptable surety on Federal bonds; or
(2) A deposit of cash; or
(3) A deposit of negotiable United States Treasury bonds or notes, for which the faith and credit of the United States are pledged for the payment of principal and interest, payable to the bearer; or
(4) A deposit of fully insured certificates of deposit issued by a financial institution whose deposits are insured by an instrumentality of the Federal Government, together with a nonrevocable assignment to the City that pledges that the funds are on deposit and guaranteed for the performance of the Improvement Agreement. Such certificates of deposit may provide that interest shall be paid to the depositor. The assignment shall allow the City to withdraw the principal amount, or any portion thereof, upon declaration of default by the Board of Public Works without the necessity of any further consent by the depositor. The Improvement Security shall be on a form prepared by the City Engineer, shall be a joint and several obligation, and shall be in an amount estimated by the City Engineer to be reasonably necessary to complete the construction and installation of all of the improvements required to be done pursuant to the Improvement Agreement and to warrant the work against defective work or labor done, or defective materials furnished in the performance of the work.
The term of the Improvement Security shall begin on the day it is approved by the City Council and shall continue until the work is accepted by the City Engineer.
The Improvement Security shall contain the further conditions that in addition to the face amount, all parties executing the security shall be firmly bound under a continuing obligation for payment of all reasonable costs, expenses and fees, including reasonable attorney’s fees incurred by the City in enforcing the obligation secured thereby; that all parties agree to any extensions of time within which to construct and install the improvements; and that all parties further agree to such alterations of or additions to the work as may be deemed necessary by the City Engineer provided the cost increase does not exceed 10 percent of the value of the Improvement Security.
c. Improvement Warranty Guarantee. As a part of the Improvement Security there shall be included an amount to be determined by the City Engineer sufficient for the guarantee and warranty of the work for a period of one year following the date of acceptance of the work by the City Engineer against any defective work or labor done, or defective materials furnished in the performance of the work.
d. Labor and Material Payment Security. Security shall be furnished for payment of labor and materials furnished in the construction and installation of the improvements. The security shall be furnished in one of the forms described in Paragraph b. of Subdivision 2. of this Section, and shall be in an amount equal to not less than 50 percent of the Improvement Security as estimated by the City Engineer. The security shall inure to the benefit of all persons, and entities furnishing services, supplies or equipment for the improvements as referenced in Sections 3110, 3111 and 3112 of the California Civil Code. All claims under this labor and materials payment security must be filed with the City Clerk on or before the expiration of 90 days after the completion of the improvements.
e. Existing Security. Notwithstanding the foregoing requirements, if the subdivider / owner already has on file with the City Engineer an Improvement Security in one of the forms described in Paragraph b of Subdivision 2. of this Section, posted pursuant to Section 62.111 (Class “B” Permits – Plans – Bonds – Insurance) of Article 2 (Streets and Sidewalks) of Chapter 6 (Public Works and Property) of this Code which guarantees completion of all of the improvements designated in the Improvement Agreement and in an amount at least equal to the amount determined by the City Engineer to be necessary to complete all of the improvements, no additional Improvement Security shall be required; however, improvement warranty guarantee and labor and material security may be required.
3. Extension of Time. If it appears that the improvements cannot be completed by the date specified in the Improvement Agreement, written application may be made to the City Engineer for an extension of the completion date. One extension of time shall be granted to a time at which the City Engineer determines the work of improvement should reasonably be completed. Further extensions of time may be granted at the discretion of the City Engineer. If the subdivider disagrees with the determination of the City Engineer such decision may be appealed to the Board of Public Works. Any extension may be considered upon agreement by the surety and principal to:
a. Begin or resume construction of the improvements on a schedule to be specified by the City Engineer, and/or
b. Update the estimated cost of construction and installation of the improvements with an adjustment in the Improvement Security commensurate with the updated estimates, and/or
c. To the extent possible, construct and install the required improvements in accordance with the standards and specifications of the Board of Public Works in effect at the time such extension of time is granted; and/or
d. Comply with other conditions as may be deemed necessary by the City Engineer to insure diligent prosecution of the work.
4. Reduction of Improvement Security. When a portion of the improvements have been completed to the satisfaction of the City Engineer, the City Engineer may consent to a reduction in the amount of the Improvement Security upon written request from the subdivider / owner. The City Engineer may consent to two reductions provided the original security for the improvements exceeds $200,000 and the work completed is identifiable, capable of being maintained by the City, and accepted by the City Engineer. In extreme hardship circumstances the City Engineer may consent to one reduction without regard to the preceding provisions. The remaining security shall be adequate to cover the estimated cost of completing the remaining improvements, the improvement warranty guarantee, and reasonable expenses and fees for enforcement of the terms of the Improvement Agreement. If a cash deposit or negotiable security is on deposit, that portion of the cash or negotiable security not required as a guarantee for the remaining improvements, improvement warranty guarantee and reasonable expenses and fees for enforcement of the terms of the Improvement Agreement, shall be returned to the depositor. If a certificate of deposit is on file, reduction in the Improvement Security will be accomplished by the City Engineer issuing a notice of reduction to the depositor and financial institution. If a surety bond is on file, reduction in the Improvement Security will be accomplished by the execution of a rider to the improvement surety bond by the principal and surety thereon and shall be effective upon approval by the City Engineer and the City Attorney.
5. Release of Improvement Security. When all of the requirements of the Improvement Agreement and the Improvement Security have been completed to the satisfaction of the City Engineer and the improvement warranty guarantee has expired, the City Engineer shall issue a Certificate of Acceptance and Termination of Improvement Warranty Bond to the subdivider / owner and a copy thereof shall be sent to the surety company if a surety bond is on file. However, if the improvement warranty guarantee has not expired, the City Engineer may issue a Certificate of Acceptance, which exonerates the portion of the Improvement Security guaranteeing completion of the construction and installation of the improvements, but not the improvement warranty guarantee. Said warranty guarantee shall thereafter be released in total by the City Engineer on or after one year from the date of the completion notice from the Bureau of Engineering, provided no claims against said guarantee have been made by the City.
6. Release of Labor and Material Payment Security. On or after ninety (90) days from the date of completion notices from both the Bureau of Contract Administration and the Bureau of Engineering, security posted under Paragraph d. of Subdivision 2. of this Section to secure payment for labor and materials may be released by the City Engineer in whole if no claims are filed or reduced to an amount equal to one-hundred and fifty (150) percent of those claims filed with the City Clerk. If a cash, negotiable security, or certificate of deposit payment security is on file, the City Engineer shall:
a. Release the cash, negotiable security or certificate of deposit payment bond in total, if no claims have been filed; or
b. Reduce the cash or negotiable security or certificate of deposit payment bond to an amount equal to one hundred and fifty (150) percent total amount of the claims filed with the City Clerk.
H. Enforcement. If the subdivider / owner neglects, refuses or fails to construct the improvements with such diligence as to insure completion within the time specified, or within such extensions of said time as may have been granted by the City Engineer or the Board of Public Works or if the subdivider / owner neglects, refuses or fails to perform satisfactorily any act required under the Improvement Agreement, the Board of Public Works may declare the Improvement Agreement in default, and shall take whatever actions are necessary to enforce the terms and conditions of the Improvement Security. The Board is hereby empowered to order all or any part of the work to be done either by City forces or by separate contract, and the City shall be entitled to reimbursement for all costs and expenses as a result of such construction. If the Improvement Security is a cash deposit, negotiable security or certificate of deposit the Board is empowered to deduct therefrom, on behalf of the City, an amount sufficient to reimburse and to indemnity the City for any and all damages, costs and expenses sustained or incurred by the City in enforcing the terms and conditions of the Improvement Agreement.
A. Whenever a private street is proposed to be used or included in a subdivision, the private street shall conform in all respects with all the requirements contained and set forth in Article 8 (Private Street Regulations) of this Chapter. A Private Street Map need not be filed with the Advisory Agency in addition to the maps required by the provisions of this Article, however, provided that the maps filed in conformance with the provisions of this Article show such street and contain the information pertaining thereto which is required to be provided in such Private Street Maps.
B. If a private street located within the proposed subdivision has been approved in accordance with the then applicable regulations prior to filing the Tentative Map of the subdivision, such street shall be deemed to comply with the requirements of this Section and Article 8 (Private Street Regulations) of this Chapter and no further approval thereof shall be required.
A. Proceedings for reversion to acreage of subdivided real property may be initiated by the City Council on its own motion or by petition of all of the owners of record of the real property within the subdivision pursuant to Sec. 13B.7.3. (Tentative Tract Map) of Chapter 1A of this Code.
1. The petition shall take the form of a tentative tract map application to the Department of City Planning in a form prescribed by the Department. Upon the title sheet of each map filed for the purpose of reverting subdivided land to acreage, the subtitle shall consist of the words “A reversion to acreage of....”. Any map so submitted shall be accompanied by evidence of title and non-use or lack of necessity of any streets or easements which are to be vacated or abandoned. Any streets or easements to be left in effect after the reversion shall be adequately delineated on the map.
2. Notice shall be given and a public hearing shall be held in accordance with the procedures set forth in Sec. 13B.7.3. (Tentative Tract Map) of Chapter 1A of this Code.
3. A tentative tract map shall be filed under the provisions of this section for the purposes of reverting to acreage land previously subdivided. A final parcel map may be recorded in lieu of a final tract map, if the property involved originally consisted of four or fewer parcels or condominium units or if the project meets the exception criteria of Section 66426 of the State Government Code and Section 17.50 C. of the Los Angeles Municipal Code. Except as provided in Government Code Section 66445 (e), a certificate shall appear signed and acknowledged by all parties having any record title interest in the land being reverted, consenting to the preparation and filing of the parcel map.
4. Maps recorded solely for the purpose of combining portions of vacated streets with adjoining lots shall be treated in procedure as Reversion to Acreage Maps.
B. Subdivided real property may be reverted to acreage only if the City Council finds that:
1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and
2. Either:
(a) All owners of an interest in the property within the subdivision have consented to reversion; or
(b) None of the improvements required to be made have been within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement with the City Engineer for completion of the improvements, whichever is the later; or
(c) No lots shown on the final or parcel map have been sold within five years from the date the map was filed for record.
C. As conditions of reversion the City Council shall require:
1. Dedications or offers of dedications necessary following reversion;
2. Retention of all previously paid fees necessary to accomplish the purposes of this article;
3. Retention of any portion of required improvement security or deposits if necessary to accomplish the purposes of this article.
D. When a reversion is effective, all fees and deposits shall be returned and all improvement security released, except those retained pursuant to Subdivisions 2. and 3. of Subsection C. above.
E. After approval of the reversion by the City Council, the final map or parcel map shall be delivered to the county recorder. The filing of the final tract map or parcel map shall constitute legal reversion to acreage of the land affected thereby and shall also constitute abandonment of all streets and easements not shown on the map.
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