(Title and Section Amended by Ord. No. 171,175, Eff. 7/25/96.)
EXCEPTION: Grading which is not connected with building site development may be conducted in hillside areas when the Department finds that such work enhances the physical stabilization of property, or is not detrimental to public health, safety or welfare, and is in conformity with the approved master plan for the area. A tentative tract or division of land map shall also not be required for such exempt grading.
91.7005.3. Removal of Ground Cover.(Amended by Ord. No. Ord. No. 181,758, Eff. 8/8/11.) The existing vegetative ground cover of any watershed in any hillside area shall not be destroyed, removed or damaged except pursuant to lawful grading, use or occupancy of the property. Except for California native oak, bay, black walnut and sycamore trees regulated by the provisions of Article 7 of Chapter I or Article 6 of Chapter IV of the Los Angeles Municipal Code, removal of trees and shrubbery will be allowed where such work will not disturb the turf, sod or other existing vegetative ground cover. Whenever such ground cover is removed or damaged pursuant to a grading permit, the permittee shall restore and maintain approved ground cover, or shall accomplish such other erosion control protection as is required. Such erosion control shall be completed within 30 days after cessation of the grading work where no valid building permit is in effect for the site.
91.7005.4. Exceptions for Emergencies. (Amended by Ord. No. 171,939, Eff. 4/15/98.) The provisions of this Code shall be temporarily waived for any grading operation which is conducted during a period of emergency disaster and which is directly connected with or related to relief of conditions caused by such emergency or disaster. This emergency exception shall not be construed to waive compliance with the provisions of this Code subsequent to the emergency or disaster.
91.7005.5. Cemetery Interment Sites. (Amended by Ord. No. 171,939, Eff. 4/15/98.) Cemetery interment sites shall not be located on slopes steeper than one unit vertical in three units horizontal (33.3% slope), provided further, where interment sites are located adjacent to slopes steeper than one unit vertical in two units horizontal (50% slope), the site shall not be located closer to the face of such slopes than a one unit vertical in two units horizontal (50% slope) imaginary plane projected up from the toe of the slope.
EXCEPTION: Encroachment of the interment sites beyond the imaginary plane may be permitted, provided it can be shown to the Department’s satisfaction through investigation and report by both a soils engineer and an engineering geologist that the underlying bedrock and the materials on the slope have strength characteristics sufficient to provide a stable soil with a minimum factor of safety of not less than 1.5 static loads.
No permit shall be required for preparing an area for planting of lawn or landscaping in a cemetery, provided the resulting maximum slope of one unit vertical in three units horizontal (33.3% slope) is maintained and there is no change to the existing drainage pattern.
The Department may waive or reduce the requirements of LAMC Sections 91.7012 and 91.7013 for planting, irrigation, erosion control and drainage devices for portions of a cemetery graded or to be graded with a maximum slope of one unit vertical in three units horizontal (33.3% slope) if the applicant shows to the Department's satisfaction that slope erosion and drainage will be controlled entirely within the boundaries of the property which is dedicated, used or to be used for cemetery purposes. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.7005.6. Maintenance of Protective Devices. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The owner of any property on which an excavation or fill has been made pursuant to a permit granted under Division 1, Article 1, Chapter IX of the LAMC, or any other person or agent in control of such property, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures and other protective devices, on said property, as shown on the approved plans and specifications submitted with the application for a permit.
91.7005.7. Hazardous Soil and Earth Conditions. (Amended by Ord. No. 171,939, Eff. 4/15/98.) Whenever the Department determines by inspection that any land or any existing excavation or fills have, from any cause, become a menace to life or limb, or endangers public or private property, or affects the safety, usability or stability of public or private property, the owner or other person in legal control of the property concerned shall, upon receipt of a written notice thereof from the Department, correct such condition in accordance with the provisions of this division and the requirements and conditions set forth in the notice so as to eliminate the hazardous condition. The owner or other person in legal control of the property shall immediately comply with the provisions set forth in the notice and shall complete the work within 180 days from the date of the notice unless a shorter period of time for completion has been specified in the notice in which case the owner shall comply with the shorter period of time. Upon written application therefor, the Department may approve the request for an extension of time to complete the work required by notice.
If the above condition is not eliminated within the specified time period, the Department shall file with the Office of the County Recorder a certificate stating that the property is substandard and that the owner thereof has been so notified. The certificate shall specify the conditions creating the substandard classification.
When the above conditions have been corrected to the Department’s satisfaction, upon receiving a $60 fee from the owner or his or her agent, the Department shall file with the Office of the County Recorder a certificate specifying that the conditions creating the substandard classification have been corrected and that the property is no longer considered substandard.
91.7005.8.1. General. (Amended by Ord. No. 171,939, Eff. 4/15/98.) No person shall fail, refuse or neglect to comply with the following provisions:
1. All orders issued by the Department pursuant to the provisions of this division;
2. All conditions imposed on grading permits pursuant to the provisions of this division; and
3. All rules and regulations of the Department with respect to grading which are in effect at the time the grading permit is issued.
Any person violating the above shall be guilty of a misdemeanor.
91.7005.8.2. Noncompliance Fee. (Amended by Ord. No. 171,939, Eff. 4/15/98.) See Section 98.0411 of the Los Angeles Municipal Code.
91.7005.8.3. (Deleted by Ord. No. 171,939, Eff. 4/15/98.)
91.7005.9. Nonconforming Sites. (Amended by Ord. No. 186,488, Eff. 12/27/19.) All new buildings and additions to existing building shall conform to the provisions of the Code as follows.
1. Whenever a new principal building is constructed on a site, the entire site shall be made to conform to the provisions of this division and Chapter 18 of the CBC.
2. Whenever the principal building on the site is added to, altered or repaired in excess of 50% of its replacement value, the entire site shall be made to conform to the provisions of this division and Chapter 18 of the CBC.