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(Added by Ord. No. 187,106, Eff. 8/2/21.)
(a) Definitions. The definitions provided in Section 62.00 of this Code, along with the definitions contained in this subsection, shall govern the construction, meaning, and application of words and phrases used in this section.
(1) “Board” shall mean the Board of Public Works or its designee.
(2) “CEQA” shall mean the California Environmental Quality Act, Public Resources Code Section 21000, et seq.
(3) “City” shall mean the City of Los Angeles.
(4) “City Engineer” shall mean the City Engineer or the City Engineer’s designee.
(5) “Qualifying Sidewalk Repair Project” shall mean a Sidewalk Repair Program Project that meets all of the following requirements, as determined by the City Engineer:
(A) Construction work on the project can be completed in less than 31 non-consecutive construction days;
(B) Excavation for the project will not exceed a depth of 30 feet;
(C) The project will not cause a substantial adverse change to a known historic, tribal cultural, unique archaeological, or unique paleontological resource, as defined in CEQA or its implementing regulations at Title 14, Division 6, Chapter 3, Section 15000, et seq., of the California Code of Regulations; and
(D) The project will not require the removal of more than two trees.
(6) “Sidewalk Repair Program” shall mean a City program, administered by the City Engineer, to streamline the implementation of the sidewalk repairs eligible for credit under the Willits Settlement.
(7) “Sidewalk Repair Program Project” shall mean a project to repair or reconstruct a sidewalk that is eligible for credit under the Willits Settlement.
(8) “Sidewalk Repair Program Mandatory Project Features Policy” shall mean the set of required project features, adopted by the Board, for Sidewalk Repair Program Projects.
(9) “Sidewalk Repair Program Street Tree Policy” shall mean the street tree policy for Sidewalk Repair Program Projects, adopted by the Board, for Sidewalk Repair Program Projects.
(10) “Sidewalk Repair Incentive Program” shall mean the limited reimbursement incentive program, defined in LAMC Section 62.104(a).
(11) “Willits Settlement” shall mean the settlement agreement entered into by the City in the matter of Mark Willits, et al. v. City of Los Angeles (United States District Court Case No. CV10-05782 CBM (RZX)) and approved by the City Council on April 1, 2015.
(b) Notwithstanding any other provision of this Code or any other City ordinance to the contrary (except for the City of Los Angeles Cultural Heritage Ordinance, City of Los Angeles Administrative Code Section 22.171, et seq.), a Sidewalk Repair Project undertaken by the City or by a participant in the Sidewalk Repair Incentive Program may be approved consistent with the following:
(1) A Qualifying Sidewalk Repair Project may be approved by the City Engineer and the approval shall be ministerial under CEQA.
(2) A non-Qualifying Sidewalk Repair Project that requires the removal of no more than two trees may be approved by the City Engineer and the approval shall be discretionary under CEQA.
(3) A non-Qualifying Sidewalk Repair Project that requires the removal of three or more trees may be approved by the Board and the approval shall be discretionary under CEQA.
(c) For all Sidewalk Repair Program Projects undertaken by the City or by a participant in the Sidewalk Repair Incentive Program that are approved pursuant to this Section, approval shall be conditioned upon compliance with the Sidewalk Repair Program Mandatory Project Features Policy and with the Sidewalk Repair Program Street Tree Policy.
(d) The Board shall adopt a Sidewalk Repair Program Street Tree Policy that shall set forth the City policy for the retention, removal, and replacement of trees potentially impacted by Sidewalk Repair Program Projects. The proposed Sidewalk Repair Program Street Tree Policy shall be submitted to the City Council for consideration and shall become final upon approval by the Council. Amendments to the Sidewalk Repair Program Street Tree Policy shall be subject to Council approval.
(e) The Board shall adopt a Sidewalk Repair Program Mandatory Project Features Policy that shall set forth specific requirements for Sidewalk Repair Program Projects. The proposed Sidewalk Repair Program Mandatory Project Features Policy shall be submitted to the City Council for consideration and shall become final upon approval by the Council. Amendments to the Sidewalk Repair Program Mandatory Project Features Policy shall be subject to City Council approval.
(a) No person shall lay, construct, reconstruct or repair in any street or in, over or through any property or right of way owned by or under the control of the City, any curb, sidewalk, gutter, driveway, approach, roadway surface, pavement, sanitary sewer, sewage works, storm drain, culvert, stairway, retaining wall or similar structure, building or improvement, or perform any grading or filling, or subject any sewer or storm drain to excessive live or dead loading without first obtaining written permit therefor from the Board and without first obtaining approval of plans and specifications and the lines and grades therefor from the City Engineer. (Amended by Ord. No. 115,316, Eff. 2/15/60.)
(b) Any person who desires to make any such improvement upon any private property not dedicated to a public use, may, in order to obtain the City Engineer’s approval of plans and specifications therefor, city inspection and supervision of the work and to assure that the improvement when completed will be to the satisfaction of the City Engineer and that the City Engineer’s acceptance thereof will be available if the improvement be later submitted for dedication to public use, apply for and obtain a permit therefor which shall, after such voluntary application, be treated in all respects as a permit required by law, except that the bond for the faithful performance of the work, provided for in Section 62.111, may be waived. All fees, and all deposits, provided for in the following sections must be demanded and received as in the case of permits required by law, and the City Engineer may impose such other conditions as may, in the City Engineer’s discretion, be required to assure that the work may be inspected and supervised without cost or expense to the City, that the work will not cause loss or damage to the City or to the public, and that the improvements when completed, will be acceptable for public use if and when they shall be dedicated to or devoted to such use. (Amended by Ord. No. 83,881, Eff. 2/4/41.)
The inspection, supervision and other services rendered or undertaken by the City shall be consideration for any condition imposed upon the applicant and shall be withheld if the applicant refuse any such condition. Whenever any applicant hereunder shall post with the City Engineer a bond conditioned in all respects as provided in Section 62.111, and adequate in amount to comply therewith, such bond shall for all purposes be deemed a bond posted pursuant to that section. (Amended by Ord. No. 83,881, Eff. 2/4/41.)
Nothing in this subsection shall be deemed to bind the City to accept such improvements for public use, however, if for any reason said improvements are not in a condition satisfactory to the City Engineer at the time they are offered for acceptance for public use. (Amended by Ord. No. 83,881, Eff. 2/4/41.)
(c) An applicant for a Class “B” Permit for a street improvement on an unimproved public right-of-way in a Hillside Area, as defined in Section 12.03 of this Code, is required to: (Added by Ord. No. 185,513, Eff. 6/4/18.)
(1) Mail (registered or certified) a notification of public roadway construction, using a form approved by the Bureau of Engineering, to all owners and occupants of properties within a 500-foot radius of the proposed street improvement, prior to the submission of the application for a Class “B” permit;
(2) Provide proof of mailing of the required notification to the Bureau of Engineering as part of the application for a Class “B” permit; and
(3) Mail (registered or certified) a second notification of public roadway construction, using a form approved by the Bureau of Engineering, to all owners and occupants of properties within a 500-foot radius of the proposed street improvement upon approval of the B-Permit plans by the Bureau of Engineering, and provide proof of mailing of the required notification to the Bureau of Engineering prior to the commencement of any construction activity under the Class “B” permit.
(Added by Ord. No. 115,316, Eff. 2/15/60.)
Except as provided in Section 62.105.4 of this article:
(a) No portion of a driveway shall be constructed between the prolonged intersecting property lines at any street or alley intersection, or between the points of curvature of any curb return having a radius of 20 feet or less.
(b) No driveway shall encroach on or upon any curb return beyond or ahead of an existing traffic regulating device, and no portion of any driveway shall be constructed within five feet of an existing lighting standard. The location of a driveway with respect to traffic signals, poles, sign posts or fire hydrants shall be in accordance with City Engineer’s standard plan of driveways.
(c) No driveway approach shall be permitted if the abutting lot does not permit sufficient accommodation for the vehicles using said approach to park without encroaching into or upon the adjacent sidewalks.
(d) No portion of a driveway approach, except side slopes, serving a certain lot shall extend in front of the adjoining lot without the consent of the owner of said adjoining lot. For this purpose, the division between two lots shall be a line passing through the common lot corner at right angles to the curb line regardless of the direction of the side lot line.
(e) (Added by Ord. No. 162,096, Eff. 4/27/87.) If a lot in an RD1.5 or less restrictive zone has legal and physical access to both a standard street and a substandard street, then:
(1) no new driveway shall be constructed from that lot to a substandard street; and
(2) no existing driveway to a substandard street shall be enlarged in conjunction with a building permit for an intensification of use of the lot served by the enlarged driveway.
Ten days prior to the issuance of a Class “A” permit for a driveway onto a standard street from a lot which also has access to a substandard street, the City Engineer shall notify the Department of Transportation of the pending application for a permit.
For the purposes of this subsection: the City Engineer shall determine whether a street, is standard or substandard; and
“intensification of use” shall mean any development of a site which would increase the height, floor area, number of occupants, dwelling units, guest rooms, or required parking previously contained in an existing building or on the lot; and
“development” shall mean the construction of any building or structure, or the addition to or change of use of any land, building or structure.
(Added by Ord. No. 115,316, Eff. 2/15/60.)
(a) The minimum width of an apron shall be 10 feet in the A, RE, RS, R1, R2 and RW Zones, and 12 feet in the RD, R3, R4, R5, C, M, P and PB Zones, measured along the existing or proposed curb line or, if neither exists, then measured as directed by the City Engineer. (Amended by Ord. No. 142,699, Eff. 1/22/72.)
(b) The maximum width of an apron shall be 18 feet, measured along the curb line, when serving a lot in the “A” or “R” Zones said 30 feet when serving a lot in the “C,” “M,” or “PB” Zones, as said zones are provided for by Article 2, Chapter I of this Code.
(a) Not less than 20 feet of continuous curb space shall be retained in front of each lot where the street frontage of the property served is greater than 40 feet. Where such frontage is 40 feet or less, continuous curb space shall be retained in front of each lot equal to one-half the length of the frontage, except that this provision shall not be applied to prevent the construction of one apron having a width of 10 feet in the A, RE, RS, R1, R2 and RW Zones, or a width of 12 feet in the RD, R3, R4, R5, C, M, P and PB Zones. (Amended by Ord. No. 142,306, Eff. 9/31/71, Oper. 2/9/72.)
(b) Not less than 20 feet of curb space shall be retained between driveway approaches in front of each lot where there is more than one driveway approach serving any one lot.
(c) Driveway approaches serving adjoining lots shall be separated by at least two feet of full height curb; except that, with the mutual consent of the affected property owners, two such adjacent driveway approaches may be merged into one, provided the maximum apron width along each lot, as set forth in Subsection (b) of Section 62.105.2 hereof, is not exceeded.
(Amended by Ord. No. 162,096, Eff. 4/27/87.)
(a) Any person desiring permission to deviate from the requirements of Section 62.105.1(a), (b), (c) or (d), 62.105.2, 62.105.3 or 62.105.4 may file a request therefor in writing with the Board of Public Works. The request must state the exact nature of the deviation requested, and the reason or reasons for requesting it.
1. That the deviation requested arises from unusual or extraordinary physical conditions, or is necessary to permit the proper and lawful development and use of the applicant’s property;
2. That the granting of the deviation requested will not be contrary to the public safety, convenience and general welfare;
3. That the granting of the deviation will not adversely affect the rights of adjacent property owners or tenants; and
4. That the specific application of the above-mentioned provisions would create unnecessary hardship in the development or use of the property.
These decisions on deviations shall be in writing and shall specify the conditions and terms upon which they are granted.
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