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(Amended by Ord. No. 166,973, Eff. 7/1/91.)
Whenever any street tree or street trees are required in connection with a subdivision, parcel map, zone change, conditional use or Class “A” or Class “B” permit as referred to in Section 62.105 of this Code, or whenever any street tree or street trees are provided pursuant to Section 12.21 A.6. of this Code, and maintained by the Department of Public Works, a fee shall be paid to the Department of Public Works to cover the expense of maintaining such trees for a period of five (5) years after planting. This fee shall be paid at the same time and in the same manner as any fees for planting such trees are paid. The fee herein shall be determined and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees.
(Added by Ord. No. 185,573, Eff. 7/5/18.)
(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) “Development Tree Planting Requirement” shall mean the tree planting requirement under Section 12.21 G.2.(a)(3) of this Code.
(3) “Public Works Tree Planting Requirement” shall mean a tree planting requirement imposed as a permit condition for the removal of a street tree under Section 62.169 of this Code.
(b) An in-lieu fee is hereby established to cover the cost to procure, plant and provide water for three years for each tree required pursuant to a Development Tree Planting Requirement or a Public Works Tree Planting Requirement, as defined herein, when the required tree cannot feasibly be planted on-site. The in-lieu fee under this section shall be as follows:
(1) In-Lieu Fee – Development Tree Planting Requirement: $2,612 per tree.
(2) In-Lieu Fee – Public Works Tree Planting Requirement: $1,945 per tree.
(c) Upon the approval by the Board, including a determination by the Board that the site cannot feasibly accommodate a required tree, the in-lieu fee established in Subsection (b) may be used to satisfy a Public Works Tree Planting Requirement.
(d) Upon the approval pursuant to a Director’s Decision under Section 12.21 G.3. of this Code, including a determination by the Director that the site cannot feasibly accommodate a required tree, the in-lieu fee established in Subsection (b) may be used to satisfy a Development Tree Planting Requirement.
(e) The In-Lieu Fee – Public Works Tree Planting Requirement established in Subsection (b) shall be reduced to $267 per tree for any residential property with four or fewer dwelling units.
(f) The in-lieu fees established in this section shall be collected by the Board and solely used to procure, plant and provide water and maintenance for three years for the required trees. The Board, with Council approval, shall determine the locations for trees planted using the in-lieu fees based on the location of the project triggering the Development Tree Planting Requirement or the tree removal permit triggering the Public Works Tree Planting Requirement, as well as the need for additional trees in an area.
(Added by Ord. No. 186,476, Eff. 1/23/20.)
Whenever a street tree inspection clearance from the Bureau of Street Services is required by the Department of Building and Safety prior to the issuance of a building permit or a land use permit, a fee of $29.50 for each 15-minute increment spent on processing the Bureau of Street Services clearance shall be charged to the permit applicant.
(a) Obstructions Prohibited. (Amended by Ord. No. 163,509, Eff. 5/23/88.) On property at any corner of any intersection not controlled by official traffic control signals or by stop signs at or near the entrances to one or more intersecting streets it shall be unlawful to install, set out or maintain, or to allow the installation, setting out or maintenance of any sign, hedge, shrubbery, natural growth or other obstruction to the view necessary for the safe operation of motor vehicles at such intersections, higher than three feet above the level of the center of the adjacent intersection within any visibility triangle.
The terms “visibility triangle”, as illustrated in Figure A, shall be deemed to be that portion of both public 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 points on the curb or edge of roadway 45 feet from the point of intersection of the extended curb lines or edges of roadway.
The term “intersection” as used in this section is defined in Section 365 of the Vehicle Code of the State of California.
VISIBILITY TRIANGLE
* NOTE: The hatched areas in this figure illustrate the visibility triangle areas at typical intersections.
(b) Exceptions: (Amended by Ord. No. 127,787, Eff. 8/1/64.) The foregoing provision shall not apply to permanent buildings; public utility poles; trees trimmed (to the trunk) to a line at least eight feet above the level of the intersection; saplings or plant species of open growth habits and not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross-view; supporting members of appurtenances to permanent buildings existing on the date this ordinance becomes effective; official warning signs or signals; post signs as defined in Article 7, Chapter 6 of this Code; or to places where the contour of the ground is such that there can be no cross-visibility at the intersection.
The Board may grant further exceptions where it finds that the encroachment is not an obstruction to visibility and where such encroachment is not in conflict with the zoning or building line regulations of Articles 2 and 4 of Chapter I of the Los Angeles Municipal Code. Applications for exception shall be in writing and shall be filed with the Board in the manner it prescribes.
(c) Enforcement. The enforcement of this ordinance shall be under the direction of the Board of Public Works. The Board shall designate representatives of the Department of Public Works who may, on behalf of the Board, investigate violations of this section, give such notices as may be required to carry out this section, and to perform such other duties in connection with the enforcement of this section as may be imposed upon them by the Board.
(d) Remedies. (Amended by Ord. No. 175,596, Eff. 12/7/03.) In addition to the remedies proved in Section 11.00 of this Code, or by State law, any obstruction maintained in violation of this section may be deemed a nuisance, and upon failure to abate the nuisance within 20 days after the posting upon the premises of notice to abate the nuisance signed by an authorized representative of the Board, an authorized representative of the Board may enter upon the premises and remove or eliminate the obstruction.
All costs incurred pursuant to this section shall be a personal obligation against the owner of the property, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City’s costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.
(e) Scope. No obstruction to cross-visibility shall be deemed to be excepted from the application of this section because of its being in existence at the time of the adoption hereof, unless expressly exempted by the terms of this section.
(f) Additional Requirements Contained in Chapter I, Article 2. In addition to the requirements of this section, all corner lots in the C or M Zones shall be developed in accordance with the provisions of Section 12.21 C.7. of this Code. (Added by Ord. No. 143,825, Eff. 10/19/72.)
(g) Neither the enactment of this section nor the enforcement of or failure to enforce any provision herein is intended to or shall impose a liability upon the City not otherwise imposed by law. (Added by Ord. No. 163,509, Eff. 5/23/88.)
(Amended by Ord. No. 154,185, Eff. 8/25/80.)
(a) The Department of Public Works shall require a fee as a condition of a grading permit involving the import or export of more than one thousand cubic yards of earth materials to or from a site in the hillside area. The fee shall be based upon the total number of cubic yards of earth materials to be imported and the miles of public streets to be traversed within the hillside area, excepting freeways, by a haul vehicle on one trip in one direction. To such factors a charge determined by the Board for transportation of one cubic yard per mile shall be applied, with the minimum and maximum fee to be established by the Board. The fees and charges herein shall be 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. 165,675, Eff. 5/11/90.)
(b) The Department of Public Works may also require, as a further condition of a grading permit, that the applicant pay a fee of $500 for the preparation of a noise and vibration study in the event such study is needed to determine whether the applicant’s activity in transporting earth materials in the manner proposed will endanger the public health, safety or welfare. Upon payment of said fee and upon request therefor by the Department, the General Services Department shall prepare such report.
(Added by Ord. No. 148,167, Eff. 5/3/76.)
The Department of Public Works may require a bond as a condition of a grading permit involving the import or export of more than 100 cubic yards of earth materials within a hillside area. Any such bond shall be in a form approved by the City Attorney, executed by the permittee and a corporate surety authorized to do business in this state in an amount sufficient to cover the cost of repair of any damage to the public streets and any public facilities therein and the cost of removal of any earth materials or other debris deposited therein, reasonably expected to result from the permittee’s operations. The conditions of the bond shall guarantee payment to the City for all costs and expense in repairing the damaged streets or other public facilities and the removal of any deposits of earth materials or other debris resulting from the permitted operations. In lieu of a surety bond, the permittee may file a cash bond with the Department upon the same terms and conditions and in an amount equal to that which would be required in the surety bond. The deposit submitted may be in the form of cash or negotiable United States securities. The term of such bond shall begin on the date of filing and shall remain in effect until the completion of the hauling operations and subsequent inspection of the affected public streets by the Department of Public Works.
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