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(Amended by Ord. No. 171,924, Eff. 3/27/98.)
(a) Work Subject to Provisions Governing Performance. Performance of work authorized by an excavation permit issued under the provisions of Section 62.02 shall be governed by the provisions of this section.
EXCEPTION: Performance of work in connection with the installation of sewer or storm drain connections shall be governed by the provisions of Section 64.17 and performance of work being done under the Permit “A” and Permit “B” provisions of this article or under contract with the Board is governed by the provisions of the current Standard Specifications of the Department of Public Works.
(b) Notification of Start of Work. The permittee shall notify the Bureau of Contract Administration not less than one working day prior to starting work on any excavation. In the case of an excavation by a department of this City, such notification shall be made by the responsible supervisor. (Amended by Ord. No. 186,854, Eff. 1/14/21.)
(c) Prosecution of Work. Unless otherwise provided in special conditions on the permit governing the dates and hours during which work is to done, the work of making and refilling an excavation shall be prosecuted diligently and continuously until completion so as not to obstruct traffic on any roadway or sidewalk longer than is actually necessary.
If the responsible party shall fail, refuse, or neglect to promptly refill any excavation or to promptly perform any other necessary work, the Board may perform such work, and in cases where funds are on deposit with the City in connection with the permit under which the excavation or work is being performed, the cost of the work performed by the Board may be deducted from such deposit.
(d) Permits to Be Kept on Job Site. Except for work being done prior to the issuance of a permit as authorized by the emergency provisions of Subdivisions 6 of the Subsection (a) of Section 62.02, the original or a copy of any permit for the making and backfilling of an excavation shall be kept at all times while work is in progress at the location for which such permit was granted. Upon demand, such permit shall be shown to any member or inspector of the Board or to any police officer.
(e) Lateral Support. All excavations shall be performed and all facilities constructed and maintained so as to afford lateral, sublateral, adjacent, and overhead support to the surrounding embankments and structures. The approval of any plans submitted or the issuance of a permit does not relieve the permittee from full responsibility for any damage or injury caused by the permittee’s operations. Neither the City nor any of its officers or employees shall be liable or responsible for any such damage or injuries.
(f) Safety. All work in any public street, public place, or public easement shall be performed in strict accordance with the safety provisions of Title 8 of the State of California Administrative Code. Failure by a permittee to adhere to such safety provisions will be cause for the Board to impound the deposit or bond submitted by the permittee in compliance with Section 62.02 until all charges by the City have been met.
(g) Methods of Removal. No material shall be removed from any street in any manner which would render such street impassable or dangerous to public travel.
(h) Excavations Through Cement Surfaces. When an excavation is to be made through a sidewalk or other Portland cement concrete surface, all work shall be done in accordance with the latest specifications established by the Board or the City Engineer.
(i) Provisions for Traffic Safety. Unless otherwise authorized by the Board, anyone making an excavation in any roadway or sidewalk shall provide and maintain safe crossings for vehicular and pedestrian traffic. Crossings for vehicular traffic shall be made at all street and alley intersections. If an excavation is made across an alley, or the roadway portion of any other street, at least one safe crossing for vehicles shall be provided and maintained. Pedestrian crossings shall be separate from vehicular crossings and shall be provided with handrails. One such pedestrian crossing shall be provided at each street inter- section, and at intervals of not more than 300 feet. If an excavation is made across the sidewalk portion of any street, a crossing for pedestrians shall be provided and maintained.
Additional traffic provisions, particularly in important traffic arteries, may be specified by the City Engineer. Provisions so specified will become a condition of the permit and be binding upon the permittee.
(j) Traffic Control in Work Areas. Warning signs, barriers, barricades, guidance devices and lights, shall be furnished, placed, and maintained in conformance with the current manual entitled “Work Area Traffic Control Handbook (WATCH)” approved by the Board.
If the warning signs, lights, and devices required under this section are not promptly provided, the Board may provide them; the cost of such work performed by the Board may be recovered in the manner provided in Section 62.05(a) of this Code.
(k) Site Maintenance.
(1) Access to Hydrants and Water Valves. Free access must be provided at all times to all fire hydrants and water valves.
(2) Confinement of Excavated Material. When excavated material is placed adjacent to the excavation, it shall be placed in such a manner as to economize space and minimize interference with traffic. If necessary, such material shall be confined by suitable bulkheads or other devices. If the street is not of sufficient width to hold excavated material without using part of an adjacent walkway, a passageway at least one-half the width of such walkway shall be kept open at all times.
(3) Maintenance of Gutters. All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and maintained.
(l) Backfilling. Unless a specific backfill material is required on the permit, backfill material, installation and compaction shall be in accordance with the latest standards and specifications established by the Board or the City Engineer.
(m) Resurfacing. (Amended by Ord. No. 186,854, Eff. 1/14/21.)
(1) Temporary Resurfacing. Except as otherwise provided herein, after completion of backfilling operations, the portion of the paved surface of any public street or public place excavated or damaged shall be immediately resurfaced with temporary resurfacing material by the permittee. Temporary resurfacing shall consist of premixed bituminous material conforming to the specifications for material to be used for such purpose contained in the current Standard Specifications of the Department of Public Works. Resurfacing after compaction shall be not less than one inch thick in sidewalk areas and not less than two inches thick in driveway and roadway areas. The surface after compaction shall conform to the finished surface of the adjacent roadway or sidewalk. The material shall be compacted so that it is dense and smooth enough to be safe for members of the public, at the maximum speed permitted by law.
(2) Maintenance of Temporary Resurfacing. The permittee shall maintain the surfacing so that it is safe for members of the public until the excavation is permanently resurfaced.
If it is impracticable to maintain the surface of the backfill in a safe condition for members of the public, the permittee shall maintain barriers and lights around it until the excavation has been resurfaced in accordance with all permit conditions and any other City-imposed requirements.
In cases where permanent resurfacing by permittee is required, the permanent resurfacing may be placed immediately in lieu of placing and maintaining temporary resurfacing.
(3) Permanent Resurfacing. Unless otherwise authorized herein or specifically authorized by the Board and indicated by the permit, the improved surface of a Public Street excavated or damaged in connection with work being performed by authority of a permit issued under the provisions of Section 62.02 will be permanently resurfaced by the permittee. Unless otherwise provided by permit or franchise, the permittee shall mark each resurfacing in the manner prescribed by the City Engineer.
The Board may require the area to be permanently resurfaced immediately after completion of the backfilling where such is practical and in the interest of public safety and welfare. Any immediate resurfacing requirement shall be specified on the permit.
Leakage detection holes in any Public Street shall be immediately repaired in the manner prescribed by the Board.
When an excavation is made to install, remove, or abandon a pole or a structure which forms a portion of the finished surface of a sidewalk or concrete driveway, in lieu of the placement of temporary resurfacing, the person or department of the City making the excavation may permanently restore the surface of the sidewalk or driveway to the nearest scoring line of the square or squares of which the pole does or did occupy or the structure forms or did form a portion of the finished surface. Restoration shall be made by removing and replacing the entire portion of the walk or driveway between the nearest scoring lines. Restoration beyond the nearest scoring shall be required when necessary to transition an ADA compliant sidewalk to non-ADA compliant sidewalk. The surface of an alley may be similarly restored when the purpose of the excavation therein is the installation, relocation, or removal of a pole or pole anchor. Construction of the walk, driveway, or alley surface shall be done in accordance with the current Standard Specifications for Public Works Construction.
(n) Final Inspection Required. (Amended by Ord. No. 187,666, Eff. 12/19/22.) It shall be unlawful for a permittee to fail to request a final inspection after completion of work. A violation of this subsection is subject to an administrative fine as specified in Section 62.61(f).
(o) Responsibility and Warranty of Work. (Added by Ord. No. 187,666, Eff. 12/19/22.) Unless otherwise provided by the written terms of a permit or franchise, the permittee shall be responsible for the integrity of all work authorized or required pursuant to an excavation permit under Section 62.02
throughout the course of such work and throughout and including a period of five years following the request for final inspection after completion of the work. Any subsequent request for final inspection shall restart the five-year warranty. It shall be unlawful for a permittee to fail to complete a warranty repair within the time period specified by the Board or its designee, not to exceed six months. A violation of this subsection is subject to an administrative fine as specified in Section 62.61(f).
Any person, including any City Department or Proprietary Department, performing work without a permit under Section 62.02, or who fails to request a final inspection, shall be responsible for the integrity of such work for the lifetime of the work.
Unless otherwise provided by franchise, all permits issued pursuant to Section 62.02 shall include a provision requiring the permittee to defend, indemnify, and hold harmless the City and all of the City’s boards, officers, agents, employees, assigns, and successors in interest from any injury, harm, or liability of any kind caused by permittee’s work.
(Amended by Ord. No. 121,900, Eff. 6/4/62.)
(a) Excavation Permit Fees. (Amended by Ord. No. 184,054, Eff. 3/6/16.)
1. Fixed Fee Permits. For an excavation of 1,000 square feet of area or less, except for fees subject to the provisions of Subdivision 2. of this subsection, the Bureau of Engineering shall charge and collect the following permit and inspection fees:
(aa) Excavation Utility (U) Permit. Excavation utility (U) permits are issued to public utilities regulated by the Public Utilities Commission of the State of California, and except for permits subject to the provisions of Subdivision 2. of this subsection, the fee to process an excavation (U) permit is $191. The fee to inspect each U permit of an excavation area of 99 square feet or less is $114, and the fee to inspect an area of more than 99 square feet, but less than 1,000 square feet, is $2.20 per square foot.
(bb) Excavation (E) Permit. Except for permits subject to the provisions of Subdivision 2. of this subsection, the fee to process an excavation (E) permit is $438. The fee to inspect each E permit of an excavation area of 99 square feet or less is $114, and the fee to inspect an area of more than 99 square feet, but less than 1,000 square feet, is $2.20 per square foot.
(cc) Special Inspection Charges. In addition to the fees identified in Paragraphs (aa) and (bb) of this subdivision, the Bureau of Engineering may, when the Bureau of Engineering or the Bureau of Contract Administration determines that additional inspections beyond those ordinarily required in overseeing work permitted by an excavation utility (U) permit or excavation (E) permit are required, charge a fee for additional inspections. The fee for conducting additional inspections pursuant to the provisions of this paragraph is $95 per hour, except that there will be a minimum four hour charge of $380 for inspections on weekends or on any day determined to be a holiday pursuant to the provisions of Section 4.119 of the Los Angeles Administrative Code.
The charges authorized by this paragraph shall apply to all fixed fees imposed or collected by the Bureau of Engineering for the issuance or administration of any permit authorized by this Code where the Bureau of Engineering or the Bureau of Contract Administration, requires inspections in addition to those paid for by the underlying fee.
2. Actual Cost Permits. The fee to process a (U) or (E) excavation permit for an excavation of more than 1,000 square feet in area, or to process a (U) or (E) excavation permit for an excavation of 1,000 square feet or less in area where the Bureau of Engineering determines that due to the complexity of the permitted work it would cost more to issue and administer a permit than would be collected pursuant to the provisions of Subdivision 1. of this subsection, is the actual cost of services provided by the City for issuance and oversight of the permit and the permitted project, except for costs that may be incurred by a Proprietary Department subject to the provisions of Article VI of the City Charter, and except for the Street Damage Restoration Fee and the Slurry Seal Damage Restoration Fee. The actual cost determination shall include, but not be limited to, all direct and indirect labor costs, retirement and overhead costs, costs for plan checking and engineering services, project inspection costs, and the costs of testing materials. Before the Bureau of Engineering may issue a permit subject to the provisions of this subdivision, the applicant must deposit with the Bureau an amount that the Bureau estimates will be the actual costs owed pursuant to the provisions of this subdivision.
For permits and projects that are subject to the provisions of this subdivision, if before completion of the permitted project the Bureau of Engineering determines that additional funds are needed to compensate the City for the actual cost of issuance and oversight of the permit and permitted project, the City may halt all work on the project for which the application was made and require the applicant to pay the amount that the Bureau estimates will be needed to compensate the City for the actual cost of providing its services. At the conclusion of providing the requested services, if actual costs to the City are less than the amount deposited, the applicant shall be refunded the difference. The City shall not approve any permitted project until all monies owed pursuant to the provisions of this subdivision are paid. Notwithstanding the first sentence of this subdivision, the City reserves the right to impose additional fees and charges for services provided or costs incurred that were not included in the basis of the determination of the actual cost of City services.
3. Tie-Back fees. In addition to the fees imposed pursuant to the provisions of Subdivisions 1. and 2. of this subsection, the following fees shall apply to excavations requiring shoring that contain tie-backs:
(aa) For each tie-back installed in a public right-of-way, a fee of $623.
(bb) For each de-tensioned anchor rod left in place less than 20 feet below the street surface within a public right-of-way, a fee of $2,101.
4. Resurfacing Charges. When an excavation subject to the provisions of Paragraph (bb) of Subdivision 1. of this subsection requires the resurfacing of public streets or alleys, or replacing sidewalks, curbs or gutters, the Bureau of Engineering shall charge and collect applicable fees identified in Subsection (b) of Section 62.109.
(b) Resurfacing Charges.
1. Schedule of Fees. (Amended by Ord. No. 157,341, Eff. 2/13/83.)
aa. The Board, with concurrence of the Director of the Office of Administrative and Research Services (Amended by Ord. No. 173,363, Eff. 7/29/00, Oper. 7/1/00.) shall determine on a regular basis, the verifiable costs of the City for services provided by the City whenever the improved surface of an excavated or damaged street is replaced by the Board, or the restoration of an unimproved surface of a street is subject to inspection by the Board. Those costs shall be used by the Board to develop, and at any time during each fiscal year but not later than April 1 the Board shall adopt a cost recovery schedule of applicable charges necessary to recover City costs of inspection and other services performed with respect to a specific type of work or improvement.
For the purposes of this section, the word “excavation,” or any derivation thereof, shall mean each single continuous broken surface area of a street, sidewalk, driveway, curb, pavement or gutter.
The schedule of charges shall be based upon verifiable costs of surface replacement or restoration, including inspection costs, direct labor and material costs, retirement costs on direct labor, and departmental and general City overhead applicable to the inspection or the type of work or improvement involved. It shall take into consideration the number of permits issued and affected by those charges within the period of time used for reference in the development of charges. Charges for unimproved areas or areas permanently resurfaced by a permittee, for asphalt concrete pavement, for concrete pavement, gutter, or driveway, and for concrete sidewalks shall be measured at a rate per square foot; for concrete curbs at a rate per linear foot; and for leakage detection holes and for stake holes, at a rate for each hole.
The schedule shall also provide for, and the Board shall collect, a minimum charge applicable to each particular type of work or improvement otherwise in effect under the schedule. The minimum charge shall be calculated on the following basis:
(1) For unimproved areas or areas permanently resurfaced by a permittee, a minimum charge equal to the City charge in effect for a unit of 100 square feet of such work;
(2) For asphalt concrete pavement, and for a concrete pavement gutter, driveway, or sidewalk, a minimum charge equal to the City charge in effect for a unit of 10 square feet of such work;
(3) For concrete curb, a minimum charge equal to the City charge in effect for a unit of 3 linear feet of such work; and
(4) For leakage detection and stake holes, a minimum charge equal to the City charge in effect for a unit of 4 holes.
bb. Upon the adoption of a schedule of verified costs by the Board as provided herein, the Board shall transmit copies of the Board order to the Mayor and to the City Council. At any time within 30 days after the receipt of the Board order, the Mayor, by writing, or the Council, by majority vote, may disapprove the Board order. If neither the Mayor nor the City Council disapproves the Board order within the 30-day period, the schedule shall become effective, and the Board shall collect charges according to the new schedule.
2. Minimum Charge for Each Type of Resurfacing. The minimum charge for each permit to cover the cost of inspection of the restoration of unimproved areas will only be made when no other type of resurfacing is included in the permits. If another type of resurfacing is included, the charge for inspection of the restoration of unimproved areas will be based upon the actual area excavated times the unit charge for such inspection. The minimum charges for all other types of resurfacing will be made, when applicable, whenever any such resurfacing is actually placed regardless of whether one or more types of resurfacing is involved.
3. Minimum Charge for a Permit. On permits issued where no resurfacing is actually done, a minimum charge of $31.00 will be made. The fee herein shall be adjusted, if required, in order to recover the City’s administrative costs, and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees. (Amended by Ord. No 168,734, Eff. 5/31/93.)
(c) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(d) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(e) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(f) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(g) (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
(Amended by Ord. No. 185,818, Eff. 12/6/18.)
A. Any person, corporation or agency, including any Department, Bureau, or Agency of the City of Los Angeles or any other governmental agency or authority required to obtain a permit to excavate in a public street or alley under Sections 62.02, 62.04, 62.105 or 64.17 of this Code must pay a Street Damage Restoration Fee (SDRF) at the time of obtaining the permit, which shall be deposited into the Street Damage Restoration Fee Special Fund (Los Angeles Administrative Code Section 5.121.6). No portion of this ordinance requires the Bureau of Street Services to obtain permit authority to accomplish its work, which includes maintenance, construction and reconstruction activities within a public right-of-way and easement.
1. The SDRF is set at $8.24 per square foot for Local Streets and $19.44 per square foot for Select Streets and applies to an area that equals the length and width of the excavation cut plus 5 feet on all sides of the excavation.
(a) The additional 5 feet on all sides for calculating the area of an excavation in Subsection (A)(1) shall not apply to an excavation where no side exceeds 4 feet in length, or for any excavation for the purpose of repairing an existing sewer lateral. (Added by Ord. No. 187,401, Eff. 3/31/22.)
2. For purposes of this section, a Select Street shall be a street designated by the Bureau of Street Services as a street requiring a thicker pavement design to accommodate greater traffic loads. A Local Street shall be a street not designated as a Select Street. The Bureau of Street Services shall maintain a public record of its street designations.
3. The Board of Public Works shall calculate a revised SDRF annually on July 1, in accordance with the California Department of Transportation Price Index for Selected Highway Construction Items. The proposed revised SDRF shall be effective upon its adoption by resolution approved by the Board of Public Works following a public hearing.
4. For any excavation on a concrete street, full slab replacement is required in lieu of paying the SDRF.
B. In addition to the SDRF, the Bureau of Engineering shall charge and collect a fee of $18.50 for the cost of calculating and collecting the SDRF.
C. SDRF Exemptions:
1. Any excavation in a street scheduled for resurfacing under the City’s Annual Street Renewal Plan within the one year prior to the scheduled resurfacing shall be exempt from the SDRF.
2. Any entity identified in Paragraph A. of this section may qualify for an exemption from the SDRF for an excavation made up to 23 months prior to scheduled resurfacing by doing the following:
(a) Reviewing the City’s Five-Year Street Renewal Plan and one-year Annual Street Renewal Plan prepared by the Director of the Bureau of Street Services prior to applying for an excavation permit; and
(b) Preparing and submitting to the Bureau of Street Services a five-year street excavation plan and a one-year street excavation plan, in a form acceptable to the Bureau, prior to applying for an excavation permit. Such plans must include the following:
(i) The location of the entity’s existing facilities in any City street, alley, sidewalk or other public place; and
(ii) A description of all of the entity’s planned excavation work in any City street, alley, sidewalk or other public place.
3. Thereafter, in order to continue to qualify for the SDRF exemption:
(a) Each entity must submit annually, by April 15 of each year following the submission of the five-year street excavation plan and one-year street excavation plan, a revised and updated five-year street excavation plan and one-year street excavation plan; and
(b) All excavations in any Local Street or any Select Street must be shown on the entity’s one-year street excavation plan, and must take place within 23 months prior to City’s planned resurfacing or rehabilitation projects as shown in the City’s Five-Year Street Renewal Plan and one-year Annual Street Renewal Plan.
D. The SDRF established herein is in addition to any other fee required by this Code, and is in addition to any special backfill, compaction and pavement replacement or other requirement imposed by this Code or by the Department of Public Works as a condition of a permit.
E. In lieu of paying the SDRF, any entity identified in Paragraph A. of this section making an excavation in a street within one year following the resurfacing of the street must repave the entire street block from curb face to curb face. Exceptions may be made when it can be sufficiently demonstrated to the Director of the Bureau of Street Services that the City’s 30-day notice of a scheduled street resurfacing project was not mailed to the correct property owner of record at the time of notification, and the property owner made significant efforts to promptly notify the Bureau of Street Services of any planned street excavations.
(Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered from Sec. 62.03.2 by Ord. No. 182,237, Eff. 9/28/12.)
The following Above Ground Facilities Specifications and Procedures (AGFSP) shall govern the approval process for the installation of above ground facilities (AGFs) in the public rights-of-way.
I. AGF Definition: The AGF shall be defined as all structures, cabinets, electric meters, and any other appurtenance installed for telecommunication or utility purposes above surrounding grade in the public rights-of- way. For the purposes of reviewing allowable AGF Applications, all structures, cabinets, electric meters, and any other appurtenances that share a common structural foundation shall be defined as one AGF. All structures, cabinets, electric meters, and any other appurtenances required to operate a facility, but that do not share a common structural foundation, shall be considered a separate AGF installation. The number of separate AGF installations shall be based on the number of separate structural foundations installed when the facility is fully operational.
ADA: The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990. The ADA includes a wide range of legislation intended to make American Society more accessible to people with disabilities. It is divided into five titles, one of which is Public Accommodations (Title III). Title III states that all new construction and modifications must be accessible to individuals with disabilities. For existing facilities, barriers to services must be removed if readily achievable.
Design Review Board: In approximately one-third of the City’s Specific Plans, development plans must be reviewed and approved by a Design Review Board. This Board is composed of members appointed pursuant to Section 16.50 of the LAMC.
Major Highway: A Major Highway is a street classification designated under the Transportation Element of the General Plan for the City of Los Angeles. A street designated a Major Highway is projected to carry more than 30,000 average daily trips by the year 2010. The current standard right-of-way cross sectional width of such a street is 104' or greater and includes a 12' wide sidewalk/ parkway, 13' curb lane, 4 to 6 full-time through lanes, 2 part-time parking lanes, and I median/left turn lane.
Note: certain Community Plans and Specific Plans within the City of Los Angeles have established modified designations and/or standards for some specific highways or highway segments.
Public Rights-of-Way: Land that is dedicated for public use including but not limited to: improved public streets, sidewalks, curbs, gutters, public utility easements, parkways. etc., as well as dedicated unimproved areas.
Secondary Highway: A Secondary Highway is a street classification designated under the Transportation Element of the General Plan for the City of Los Angeles. A street designated a Secondary Highway is projected to carry between 20,000 and 30,000 average daily trips by the year 2010. The current standard right-of-way cross sectional width of such a street is 90' and includes a 40' wide sidewalk/parkway, 19' curb lane, 4 full-time through lanes, all-day parking, and I median/left turn lane.
Note: certain Community Plans and Specific Plans within the City of Los Angeles have established modified designations and/or standards for some specific highways or highway segments.
Utility Pole: A utility pole is defined as any pole which is used to support power, telephone, or other suspended telecommunications wires, and shall not include monopoles or antennas.
II. General Restrictions:
A. Below Grade Requirement: All AGFs shall be installed below surrounding grade in each of the following areas:
1. City Planning Specific Plans (SP) as defined in LAMC Sec. 11.5.7 unless specifically exempted by the Board of Public Works.
2. Historical Preservation Overlay Zones (HPOZ) as defined in LAMC Sec. 12.20.3.
3. Areas adjoining sites that have been designated as having historic significance. Historic sites are those identified as ZI 145 - XXXX on the City of Los Angeles Zoning Map.
4. Areas adjoining Open Space (OS) Zones as defined in LAMC Sec. 12.04.05.
5. Along Scenic Highways as designated in the Transportation Element of the General Plan as developed by the City of Los Angeles City Planning Department.
6. Pedestrian Oriented Districts (POD) as defined in LAMC Section 13.07.
7. Community Design Overlay Districts (CDO) as defined in LAMC Section 13.08.
8. Areas that have been designated by the Board of Public Works, upon the recommendation of the City Council, as “underground AGF areas.” The Board of Public Works may make this designation only in areas where all existing AGFs, as defined in Parts I. and IX.C, are currently underground or are required to be installed underground by law or contract. (Added by Ord. No. 175,366, Eff. 9/1/03.)
B. Hardship Waiver: The provisions of Section II.A requiring installation of AGFs below grade may only be waived if the Board of Public Works finds that hardship would result from the imposition of these requirements. Hardship occurs when placing the AGF below grade is technically or financially infeasible and all reasonable alternatives have been exhausted. The Bureau of Engineering shall process an application for a hardship waiver within 45 days of submission. The 45-day process deadline shall commence when BOE verifies the application is accurate and complete.
If the proposed AGF is located within an applicable SP, HPOZ, POD, or CDO, the applicant shall first submit an application to the City of Los Angeles Planning Department for approval. The Planning Department approval shall be based on the recommendations of the appropriate Design Review Board or HPOZ Board and must be obtained prior to submittal of the hardship waiver request to the Bureau of Engineering (BOE). The City Engineer, upon request of the Review Board or City Planning, shall participate in any public meetings pertaining to an AGF installation hardship waiver in an advisory role regarding BOE Policy and the AGFSP.
C. Board Reports on Waiver Requests: BOE staff shall prepare a Board Report regarding the application for a hardship waiver for consideration by the Board of Public Works. The Board Report shall include all of the following:
1. A report prepared by the applicant detailing the technical infeasibility of complying with the AGFSP. If the applicant alleges financial infeasibility, a report prepared by the applicant detailing the financial infeasibility of complying with the AGFSP, including details on the estimated comparative cost of constructing the AGF aboveground and underground.
2. A report prepared by, BOE that documents all comments received by those parties notified per Section VIII.D, including the Council District Office in which the AGF installation is proposed.
3. A report prepared by the applicant containing evidence of the investigation of all reasonable private property alternatives and justification for not selecting any of those alternatives, if the proposed facility is within 200 feet of a commercial or manufacturing zone, C2, C4, C5, CM, MR1, M1, MR2, M2, and M3, as defined by LAMC Sections 12.14, 12.16, 12.17, 12.17.1, 12.17.5, 12.17.6, 12.18, 12.19, and 12.20, respectively. At least two private property alternatives must be documented to satisfy this requirement.
4. A map prepared by the applicant indicating the service area for the proposed AGF, which demonstrates that no less than 50% of the AGFs benefit shall be specifically intended to service customers in the restricted area.
5. A statement by BOE Staff that the applicant has completed all other requirements of the AGFSP, including copies of any reports or comments from the Planning Department.
D. Above Ground Allowance: The AGF may be located above surrounding grade in the public rights of way in all locations not falling under the restrictions of Section II.A. All AGF applications for locations outside the restricted areas shall be subject to all other applicable requirements of the AGFSP.
III. Permit Requirements for AGF Installations:
A. Requirements for Utilities: All excavations in and adjacent to streets require a excavation permit per LAMC Sec. 62.02. Entities that have the authority to occupy the public rights-of-way by virtue of a state granted certificate of Public Convenience and Necessity shall comply with the AGFSP and obtain a Utility Permit to install an AGF. Compliance with the AGFSP and approval of the Utility Permit are required prior to the start of any AGF installation work.
B. Requirements for Non-utilities: Entities that do not have the state authority to occupy the public rights-of-way, shall comply with the AGFSP and obtain a Revocable Permit and Excavation Permit to install an AGF. Compliance with the AGFSP and approval of the Revocable and Excavation Permit are required prior to the start of any AGF installation work.
C. AGF Installation Requirements: An applicant may apply for one to ten AGF installation permits per Utility, Revocable, and/or Excavation Permit application. The Bureau of Engineering shall process the first AGF permit request within 30 days of submission, and may take up to two additional days for each additional AGF permit request submitted as part of the application. The 30 day deadline shall commence when BOE verifies the permit request is accurate and complete. The review period may be extended as necessary if the permit application includes hardship waivers or variances, as described in Section II.B, Section V.B, and Section V.H. The request for an AGF installation permit shall be deemed complete upon submission of the following:
1. Site and or Landscaping Plan to scale, elevation drawings, before installation photographs showing the location of the proposed AGF, renderings of the installed AGF with appurtenances including power meter boxes and surrounding landscaping elements. Also required are specifications and dimensions pertaining to existing street improvements, parkway alignment, proximity to buildings, view corridors, potential noise levels, and details necessary to determine compliance with the aesthetic and public safety requirements of the AGFSP.
2. Identification of structures, cabinets, electric meters, or any other appurtenance proposed to be installed above the existing surrounding grade.
3. Mailing address labels of adjoining lots, abutting lots, lots across the public right-of-way from adjoining and abutting lots as defined in Attachment A,* relevant Council District Offices, neighborhood councils, and homeowner associations.
4. The zoning regulations of adjoining lots promulgated by the City of Los Angeles Planning Department and the number of existing AGFs in the city block in which the AGF is proposed.
5. Cultural Affairs Commission (CAC) approved AGF model with cabinet treatment details, cabinet dimensions and AGF volume size.
6. The name and address of the AGF owner, contact telephone numbers, the address, and location of the AGF installation, and any other information pertaining to the maintenance of the AGF.
7. Graffiti Mitigation Plan as defined in Section V.E.
IV. Permit Fees:
A. Deposit: A deposit in the amount of $1,000 per AGF installation permit shall be made by the applicant to cover the cost of processing AGF permits prior to the start of permit processing. BOE staff shall create a Work Order and credit the deposit amount to the Work Order. If charges by BOE Staff exceed the deposit amount, the applicant shall deposit additional funds to continue permit processing.
B. Hardship Waiver Deposit: Due to the additional time and effort required to review a hardship waiver request, an additional $1,000 deposit shall be submitted for each hardship waiver.
C. Charges: City staff time used to process permit applications containing AGF installations, variance requests, and AGF mapping shall be charged to the AGF applicant Work Order.
Specifications
V. Aesthetic Requirements:
A. Visual Impact: The applicant shall demonstrate that the AGF installation site meets the aesthetic requirements of the AGFSP. The AGF installation should not obstruct street scape views, view corridors existing in the public rights-of-way, view corridors of neighboring lots, or view corridors from the public rights-of-way.
B. AGF Volume Threshold: The AGF shall have a maximum volume threshold of thirty-six (36) cubic feet. The AGF volume shall include the combined volume of all cabinet enclosures that share a common foundation or platform. The AGF volume shall not include the volume of the foundation or platform supporting the cabinet that is above the existing surrounding grade. The maximum AGF height shall be five and one-half feet (5' 6”). The minimum AGF height shall be two and one half feet (2' 6”). The Board of Public Works may grant a variance from the AGF volume and height limitation if all of the following conditions exist:
1. Suitable measures consistent with the aesthetic guidelines of this report mitigate the excessive AGF volume.
2. The applicant demonstrates that no financially or technically acceptable alternative exists that complies with Section V.B.
3. The cabinet design has been approved by the Cultural Affairs Commission.
BOE shall prepare a Variance Board Report for consideration of the applicant s variance request by the Board of Public Works. The Bureau of Engineering shall process the initial variance request within 35 days of submission. The 35-day deadline shall commence when BOE verifies the variance request to be accurate and complete. In cases where multiple variances are requested, the BOE make take up to five additional days for each additional variance request.
C. Parkway Alignment: The AGF should be placed in proximity to and in line with existing power poles, street light fixtures, street signs and other structures within the parkway to create an aesthetic and unobstructed alignment. The AGF shall not be placed in such an alignment if the installation blocks the line of sight for vehicles exiting adjacent alley intersections or driveways.
D. Landscape Considerations: For AGFs installed in a parkway, the AGF owner shall install landscaping immediately surrounding the installation or restore any landscaping disturbed by the installation. The installed or restored landscaping shall be consistent with the existing landscaping in the parkway. For AGFs installed in the public rights-of- way in an area where no sidewalk exists, the AGF owner shall install landscaping immediately surrounding the installation and restore any landscaping disturbed by the installation. The installed or restored landscaping shall be consistent with the existing surrounding landscaping. All new landscaping shall be installed and maintained for the purpose of screening or camouflaging the AGF, and to create an aesthetically pleasing appearance. An automatic irrigation system shall be installed or modified to sustain landscaping when necessary. If an automatic irrigation system is not feasible, the applicant may submit an irrigation plan with the application. The irrigation plan shall include manual watering intervals and a guarantee to replace any vegetation that does not survive. All landscaping shall be installed and maintained in conformance with pedestrian passage Sections VI.A, VI.B, and VI.C. Landscaping shall not be required for AGF installations located in existing full-width sidewalks.
E. Cabinet Treatment and Graffiti Mitigation: The AGF shall be a color similar to the existing surrounding landscape. The exterior of the AGF shall resist graffiti or be painted with anti-graffiti paint and be maintained in a “like-new” condition at all times. The applicant shall submit a Graffiti Mitigation Plan (“Plan”) detailing how the AGF owner will maintain the AGF free from graffiti and other defacements (i.e. stickers, posters). The Plan shall require AGF inspection at a minimum of four (4) times each year and include identification of the resources dedicated to mitigating graffiti. Additionally, the Plan shall provide the name, mailing address, phone number, and E-mail address for a single point of contact responsible to resolve graffiti issues. The Plan shall clearly state that AGF surfaces shall be restored to their original exterior appearance.
F. Cabinet Identifiers: For the purpose of active monitoring by City personnel, residents, and other telecommunications companies, the following information shall be clearly indicated on all AGFs:
1. A toll-free telephone number for the AGF owner.
2. The AGF registration, number issued by the BOE pursuant to Section X.F.
G. Cabinet Foundations: Concrete pads shall be a color that is consistent with adjacent surrounding sidewalks. Concrete pads installed in full width sidewalks, shall be constructed per design plan and shall join to the nearest score line of the existing concrete pavement. For installations where there is no existing sidewalk, concrete pads shall be an earth-tone color that is consistent with existing surrounding earth. Any slough walls constructed to protect an AGF installation shall be an earth-tone color consistent with the existing surrounding soil.
H. Density Threshold: The area between the two adjacent intersections of two sets of intersecting streets shall be defined as a city block, including sidewalks on either side of the street. Accordingly, the maximum number of AGF installations in the public right-of-way per city block shall be as follows:
1. For city blocks in which the two adjacent intersections are less than 1000 feet apart, the threshold is three (3).
2. For city blocks in which the two adjacent intersections are equal to or greater than 1000 feet apart, the threshold is three (3), plus a maximum of one (1) additional AGF for every additional 250 feet of adjacent intersection separation.
All facilities exempt from the AGFSP shall not be counted in the number of AGF installations per city block. The Board of Public Works may grant a variance from the AGF density threshold per city block at its discretion when the threshold is reached and when measures consistent with the AGFSP mitigate the excessive number of AGF installations. AGF co-location may be required as a mitigation measure. The BOE shall prepare a Variance Board Report for consideration of the applicant s variance request by the Board of Public Works. The Bureau of Engineering shall process the initial variance request within 35 days of submission and, in cases where multiple variances are requested, may take up to five additional days for each additional variance request. The 35 days deadline shall commence when BOE verities the density variance request is accurate and complete.
VI. Public Safety Requirements:
A. Major and Secondary Highway Pedestrian Passage: In public rights-of-way that have a Major Highway or Secondary Highway Street designation and an existing sidewalk, the AGF shall be located in side-walks or parkways such that there is a minimum six (6) feet unobstructed distance between the edge of cabinet and the property line. The six (6) feet unobstructed distance is provided for pedestrian and wheelchair passage. If the paved sidewalk is less than six-feet wide, additional concrete sidewalk shall be constructed to provide a minimum six (6) feet wide paved sidewalk between the edge of cabinet and the property line.
B. Non-Major and Non-Secondary Highway Pedestrian Passage: In public rights-of-way that have the street designation other than Major Highway or Secondary Highway, and that have existing sidewalk, the AGF shall be located in sidewalks or parkways such that there is a minimum four (4) feet unobstructed distance between the edge of cabinet and the property line. This four (4) feet unobstructed distance is provided for pedestrian and wheelchair passage. If the paved sidewalk is less than four feet wide, additional concrete sidewalk shall be constructed to provide a minimum four (4) feet wide paved sidewalk between the edge of cabinet and the property line.
C. Pedestrian Passage Distances: In public rights-of-way of all street designations with no existing sidewalk pavement, the AGF shall be located in the parkway such that a four (4) feet unobstructed distance is provided for pedestrian passage by one of the following:
1. When there is no curb face, a minimum four (4) feet unobstructed distance between the edge of cabinet and the edge of pavement, or
2. When there is a curb face, a minimum four (4) feet unobstructed distance between the edge of cabinet and the curb face, or
3. A minimum four (4) feet unobstructed distance between the edge of cabinet and property line.
D. Minimum Curb Face Distances: The AGF shall have a minimum 18-inches unobstructed distance from edge of cabinet to curb face. In areas where no curb face exists, the AGF shall have a minimum four (4) feet unobstructed distance from the edge of cabinet to edge of pavement.
E. Vehicular Line of Sight and Sight Distance: The AGF shall not be located in the “visibility triangle”, defined as that portion of both public right-of-way and private property located at any corner and bounded by the curb line or edge of roadway of the intersecting streets and a line joining the points on the curb or edge of roadway forty-five (45) feet from the point of intersection of the extended curb lines or edges of roadway. The AGF shall not be located adjacent to driveways and alley intersections where they would reduce the sight distance for exiting vehicular traffic to less than two hundred (200) feet.
F. Proximity to Buildings, Houses, Structures: The AGF shall not be located immediately in front of buildings, houses, structures, or public stairs such that it causes a violation of ADA guidelines for pedestrian passage. The AGF shall not obstruct pedestrian passage from private property to the public right-of-way.
VII. Future Street Improvement Requirements: BOE staff shall determine the status of future street improvements for a proposed AGF installation and provide this information to the applicant. Applicants are hereby notified that future street lighting conduit installation may occur under a proposed AGF installation if the AGF foundation is located within four (4) feet of the distance from the curb face. Street lighting conduit is normally placed within a four (4) feet distance from the curb face. In general, AGF installations should not be located in areas proposed for future street improvements. However, if necessary, AGF installations may be allowed in areas designated for street improvement. All AGF owners, shall be responsible for the cost of relocation of their AGFs and appurtenant facilities in conflict with any future street improvement or driveway installation initiated by the City, unless the improvement is required as a condition of a permit issued to a developer.
Procedures
VIII. Permit Processing Requirements and Procedures:
A. Field Investigation Requirement: BOE Staff shall conduct a field investigation of proposed AGF installations in the following cases:
1. If the proposed AGF is a hardship waiver.
2. If the proposed AGF application contains a request for a variance from the AGF volume, height, and/or density threshold limits.
3. If opposition to the proposed AGF is received by BOE from any person or organization notified per Section VIII.D.
In all other cases, BOE staff reserves the right to conduct a field investigation of any AGF installation on a case-by-case basis. The purpose of the field investigation shall be to determine the best AGF location consistent with the AGFSP, to consider the feasibility of locating on private property and to consider locating the AGF in the public right-of-way below surrounding grade.
B. Joint-Trenching Review Requirement: All AGFs that require trenching for the installation of substructure components shall be subject to joint trenching following a Utility Permit Joint-Trenching Review process:
1. Where the City or the applicant becomes aware that 2 or more applicants propose construction in the same street or general vicinity. This requirement will be reviewed and evaluated by BOE and DOT Staff and modified based on rights-of-way conditions.
2. AGF installations that qualify for joint-trenching shall modify their substructure designs to accommodate the trench alignment selected by BOE Staff.
C. BOE Approval: BOE staff shall approve the AGF installation permit if the following conditions have been met: The Field Investigation Requirement, Section VIII.A and the Joint Trenching Review Requirement, Section VIII.B have been satisfied; the Board of Public Works has approved all appropriate variances; and the installation is in compliance with all other provisions of the AGFSP.
D. Notification of AGF Installation: For each proposed AGF installation, the applicant shall notify all, persons and organizations identified in Section III.C.3, via registered mail, of the proposed AGF. The notification shall identify whether or not the applicant is requesting a variance, and shall include information regarding the specific AGF location and cabinet design. A contact person and phone number for the applicant shall also be listed. If the applicant is requesting a hardship waiver as per Section II.B., the notification shall also include the name, phone number and address for the appropriate BOE staff, as provided by the department.
Following consideration of the applicant s permit request by BOE, the applicant shall notify all persons and organizations identified in Section III.C.3 of the status of the application. This notice shall include the BOE Approval or Disapproval, and language provided by the BOE detailing the AGF appeal process available to property owners. BOE staff and Council District offices shall maintain a list of representative homeowner associations. Notification to multi-unit buildings shall be made to the property owner or the on-site property manager.
E. Appeal of BOE Determination to Board of Public Works: The BOE determination shall be subject to appeal by the property owners and/or occupants specified in Attachment A* and pursuant to the procedures established in LAMC Section 62.03.4(l). If no appeals are submitted to the BOE within 14 calendar days of the date of notification, the BOE determination shall be final. The appeal of a BOE determination shall be heard by the Board of Public Works at a regularly scheduled public meeting. The Board of Public Works shall determine whether an error or abuse of discretion has occurred.
F. AGF Mapping: To assist the industry with the requirements specified in this AGFSP, the City shall make available information on City Planning Specific Plans, Historical Preservation Overlay Zones, Historic Sites, Open Space Zones, Pedestrian Oriented Districts, Community Design Overlay Districts, and Scenic Highways. The City shall also provide online information showing all AGF installations, the AGF registration number assigned to the AGF installation, and other pertinent data. The area of mapping shall be limited to the boundaries of the City of Los Angeles.
G. Removal of Facilities: Facilities which have not served a customer for 90 days shall be deemed unused and removed in a timely manner as stated in Section IV.E (Non-Compliance) and Section IV.E.6 (Failure to remove obsolete or unused AGF installations). The cost of AGF removal shall be the responsibility of the AGF owner.
IX. Exemptions from the AGFSP:
B. Installations Below Existing Grade: Facilities installed in the public rights-of-way that do not have a structure, cabinet, electric meter, or other appurtenance above the existing surrounding grade shall be exempt from the AGFSP. Facilities installed below existing surrounding grade in the public rights- of-way shall be subject to BOE Utility, Excavation, and/or Revocable permit requirements.
C. Pole-Mounted and Public Facilities: Pole-mounted and street light-mounted facilities, fire hydrants, air/vacuum valves, street light poles, utility poles, and traffic and pedestrian control fixtures are not subject to the AGFSP, but will be subject to all other applicable requirements of law, including, but not limited to, the Joint Pole Agreement (JPA), the Department of Water and Power guidelines, and the Bureau of Street Lighting rules and regulations.
D. Other: Temporary water service AGFs, sampling taps, dissipaters, water control appurtenances associated with water regulator stations, water flow meters, and water valves, and vent stacks related to maintenance holes and vaults shall not be subject to the AGFSP, except for the pedestrian passage retrofit requirements in Section X.B. These facilities may also be subject to other BOE permit requirements.
E. The below grade requirements of Section II shall not apply to electric meters and telecommunications tie-in facilities installed to comply with the requirements of that section.
X. Applicability to Existing AGF Installations:
A. Upgrade or Repair of Existing AGFs: All existing AGFs installed prior to the adoption of the AGFSP that need to be upgraded or repaired, shall be subject to these Specifications and Procedures if the upgrade or repair causes the AGF volume to increase by more than 10%.
B. Pedestrian Passage Retrofit Requirement: All existing AGFs, including those identified in Section IX.D, which were installed prior to the adoption of the AGFSP, shall be modified, retrofitted, or relocated to provide a minimum three (3) feet of unobstructed distance for pedestrian and wheelchair passage except in the following areas:
1. Public right-of-way areas adjacent to MR1, M1, MR2, M2, and M3, as defined in LAMC Section 12.04.
2. Public rights-of-way with no existing sidewalk pavement, or where the slope of the existing sidewalk is 5% or greater.
3. Hillside Areas, as defined by LAMC Section 12.03.
C. Annual Retrofit Limits: All existing non- compliant AGFs shall comply with Section X.B within five (5) years of the adoption of this ordinance. During any 12-month period, each individual company shall relocate 20% of its initial total non-compliant AGFs or thirty (30) non-compliant AGFs, whichever is greater, to comply with the pedestrian passage provisions of this AGFSP. The Bureau of Engineering shall be responsible for coordinating with Council offices and City departments for prioritizing AGF relocation needs, with preference given toward locations with higher pedestrian traffic density or near public facilities, and submitting these requests to the respective companies. Upon notification from the City, an AGF owner shall have 180 days to complete the relocation. Non-compliant AGFs relocated pursuant to this section shall not be subject to the remaining provisions of the AGFSP, provided that the replacement AGF is located within 500 feet of the original AGF and the volume is not increased by more than 10%.
D. Pedestrian Passage Compliance: Owners of existing AGFs shall be considered in compliance with the requirements of Section X.B when the conditions of Section X.C are met. In the event an AGF owner is in default with the conditions in Section X.C, compliance with the requirements of Section X.B shall take effect immediately and all provisions of Section IV will apply.
E. Graffiti Mitigation and Cabinet Identification: Existing AGFs shall be subject to all requirements stated in Sections V.E and V.F. Compliance with the requirements of this section shall be required no later than July 1, 2003.
F. AGF Locations: Owners of existing AGFs shall submit to the BOE a geographic location identifier (geocode) for all existing AGF installations within the City of Los Angeles. The BOE will issue a registration number for each such AGF. Compliance with the requirements of this section shall be required no later than March 31, 2003. New AGFs will be assigned a registration number at the time the AGF installation permit is issued. A registration fee, established by the Board of Public Works, may be assessed to implement the provisions of this section.
(Added by Ord. No. 175,014, Eff. 1/29/03; Renumbered from Sec. 62.03.3 by Ord. No. 182,237, Eff. 9/28/12.)
I. Any person that violates the City’s Above Ground Specifications and Procedures shall be subject to the monetary fines established by this Section.
II. Failure to Comply: An AGF owner shall be subject to a fine of $500.00 per day, every calendar day for each AGF installation found to be in non-compliance with the AGF Specifications and Procedures. The maximum cumulative fine for noncompliance shall be $10,000 per AGF.
The AGF owner shall be provided written notice that contains the location of the AGF installation, a description of the noncompliance, and a demand to comply within fourteen (14) calendar days of the written notice.
Failure by the AGF owner to take corrective action or respond within fourteen (14) calendar days shall result in the imposition of the fine for non-compliance. The following specific requirements of the AGF Specifications and Procedures shall be subject to the fine:
A. Failure to obtain a valid Utility Permit prior to the installation of an AGF. (Paragraph III, A. & B.)
B. Failure to install an AGF in conformance with the AGF Specifications and Procedures. (Paragraph III, C.)
C. Failure to properly maintain landscaping designed to screen the AGF installation. (Paragraph V, D.)
D. Failure to remove graffiti and posters from AGF cabinets. (Paragraph V, E.)
E. Failure to properly maintain AGF cabinet paint or surface treatment. (Paragraph V, E.)
F. Failure to remove obsolete or unused AGF installations. (Paragraph VIII, H.)
G. Failure to modify, retrofit, or relocate AGF installations that violate pedestrian passage requirements. (Paragraph X, B.)
III. Excessive Non-Compliance: In cases where a specific AGF is found to be non-compliant more than three (3) times, the AGF will be deemed in excessive non-compliance. This determination shall result in the placement of a hold on all current and future Utility, Revocable, and Excavation Permits issued to the AGF owner until corrective action is taken and a revised mitigation plan is approved by the Board of Public Works.
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