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(Amended by Ord. No. 171,939, Eff. 4/15/98.)
For the purposes of this division the definitions listed hereunder shall be construed as specified in this section.
APPROVAL shall mean the proposed work or completed work conforms to this division to the satisfaction of the Superintendent of Building. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
AS-GRADED is the extent of surface conditions on completion of grading.
BEDROCK is in-place solid rock.
BENCH is a relatively level step excavated into earth material on which fill is to be placed.
BORROW is earth material acquired from an on-site or off-site location for use in grading on a site.
CIVIL ENGINEER is a professional engineer registered in the state to practice in the field of civil engineering works.
CIVIL ENGINEERING is the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and construction of civil works.
COMPACTION is the densification of a fill by mechanical means.
EARTH MATERIAL is any rock, natural soil, fill, or combination thereof.
ENGINEERING GEOLOGIST is a geologist duly licensed by the State of California and experienced and knowledgeable in engineering geology.
ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil engineering works.
EROSION is the wearing away of the ground surface as a result of the movement of wind, water or ice.
EXCAVATION is the mechanical removal of earth material.
FILL is a deposit of earth material placed by artificial means.
GEOTECHNICAL ENGINEER. See “soils engineer.”
GRADE is the vertical location of the ground surface.
Existing Grade is the grade prior to grading.
Finish Grade is the final grade of the site which conforms to the approved plan.
Rough Grade is the stage at which the grade approximately conforms to the approved plan.
GRADING is any excavating or filling or combination thereof.
HILLSIDE AREAS shall mean any land designated as a Hillside Area based on the latest Bureau of Engineering Basic Grid Map No. A-13372 and made part of this section.
BASIC GRID MAP
No. A-13372
(Added by Ord. No. 129,885, Eff. 4/19/65.)
Editor’s Note: The map referred to in this section is on file in the official City documents located in the Office of the City Clerk in Council File No. 121222 Sup. #1.
KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope.
PROFESSIONAL INSPECTION is the inspection required by this Code to be performed by the civil engineer, soils engineer or engineering geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work.
ROCK is any consolidated or coherent and relatively hard natural formed mass of mineral material.
SEEPAGE is the flow of water through earth material caused by gravitational forces. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
SLOPE is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Slope greater than 10% shall be considered as a sloping surface.
SLOPE FAILURE, Class I, shall involve bedrock, and a combined geologic and geotechnical report need to be submitted to address its cause and to provide recommended repair methods.
SLOPE FAILURE, Class II, shall involve soil, and a geotechnical report needs to be submitted to address its cause and to provide recommended repair methods.
SLOPE FAILURE, Class III, shall involve surficial problems, and unless determined as necessary by Inspection, neither a geologic nor a geotechnical report is required prior to the repair.
SOIL is naturally occurring superficial deposits overlying bedrock.
SOILS ENGINEER (GEOTECHNICAL ENGINEER) shall mean a civil engineer duly licensed by the State of California who is experienced in the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials. (Amended by Ord. No. 181,758, Eff. 8/8/11.)
SOILS ENGINEERING (GEOTECHNICAL ENGINEERING) is the application of the principles of soils mechanics in the investigation, evaluation and design of civil engineering works involving the use of earth materials and the inspection or testing of the construction thereof.
TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes.
(Amended by Ord. No. 171,939, Eff. 4/15/98.)
Grading in designated hillside areas or in excess of 5,000 cubic yards (3825 m
3
) of either cut or fill, or a combination thereof, shall be performed in accordance with the approved grading plan prepared by a civil engineer, and shall be designated as “engineered grading”. Grading involving less than 5,000 cubic yards (3825 m3) in a non hillside area shall be designated “regular grading” unless the permittee chooses to have the grading performed as engineered grading, or the Superintendent of Building determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.
(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.
91.7005.2. Building Foundations. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Building foundations and temporary shoring shall be designed and constructed as specified in Division 4, Article 1.5, Chapter IX of the LAMC or in Division 18 and Division 33, Article 1, Chapter IX of the LAMC.
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 the owner’s 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. Violations.
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.
(Title and Section Amended by Ord. No. 171,175, Eff. 7/25/96.)
91.7006.1. Plans and Specifications. (Amended by Ord. No. 171,939, Eff. 4/15/98.) Application for a grading permit shall be accompanied by plans and specifications prepared and signed by an individual licensed by the State to prepare such documents. Plans shall be drawn to appropriate scale upon substantial paper or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this Code and all relevant laws, ordinances, rules and regulations.
The first sheet of each set of plans shall give location of the work, the name and address of the owner and the person by whom they were prepared.
The plans shall include, but not be limited to, the following information:
1. General vicinity of the proposed site.
2. Property limits and accurate contours of existing ground and details of terrain and area drainage.
3. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.
4. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work together with a map showing the drainage area and the estimated runoff of the area served by any drains.
5. Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent owners which are within 15 feet (4572 mm) of the property or which may be affected by the proposed grading operations.
6. The location of the top and toe of all cuts and fills, the location of all “daylight” lines, the amount of cut and fill, the location of disposal site for excess material, if known, and the estimated dates for starting and completing grading work.
7. When reports are required pursuant to LAMC Subsection 91.7006.2, recommendations included in the approved soils engineering report and engineering geology report shall be incorporated into the grading plans. A copy of the soils report, geological report, and Department letter approving such reports shall be attached to the approved set of grading plans and kept at the job site. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
8. When reports are required pursuant to LAMC Subsection 91.7006.2, the dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports shall be incorporated in the grading plans. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
The Department may require some plans to be prepared by a licensed surveyor when the property location and its limits are not clear. Portions of the aforementioned plan requirements may be waived by the Department if it finds that the information on the application and/or submitted plans is sufficient to show that the work will conform to the provisions of this Code and other relevant laws.
1. Soils and/or geological reports are required when they are stipulated in a Grading Pre-inspection Report prepared in accordance with Chapter IX of the LAMC.
2. Soils and geological reports are required for all grading work in excess of 5,000 cubic yards (3825 m3) of cut or fill, or a combination thereof.
3. Soils reports are required when the design of the foundations does not conform to the requirements of Division 18, Article 1, Chapter IX of the LAMC.
4. Soils and/or geological reports may be required when previously unknown adverse soils or geologic conditions are revealed during construction.
5. Soils and/or geological reports may be required to evaluate liquefaction, slope instability and surface ground rupture resulting from earthquake motions in accordance with CBC Section 1803.
The Superintendent of Building may require a geotechnical investigation in accordance with CBC Section 1803.2 to address the potential of liquefaction when, during the course of an investigation, all of the following conditions are discovered:
a. Shallow ground water, 50 feet (1524 m) or less.
b. Unconsolidated sandy alluvium.
91.7006.3.1. Soils Engineering Report. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The soils engineering report required by LAMC Subsection 91.7006.2 shall include: data regarding the nature, distribution and strength of existing soils; conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary; and opinion on the adequacy of the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes.
91.7006.3.2. Engineering Geology Report. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The engineering geology report required by LAMC Subsection 91.7006.2 shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors.
In addition, all soils engineering and engineering geology reports for grading work in hillside areas shall also comply with rules and standards established by the Department.
91.7006.4. Hillside Exploratory Work. Surface and subsurface exploratory work shall be performed by a soils engineer and an engineering geologist on all hillside grading work. This exploratory work shall conform to the rules and regulations for hillside exploratory work established by the general manager of the Department. The Department may waive this requirement when it determines from the application and site conditions that the proposed grading will conform to the provisions of the Code.
No person shall conduct any grading operation for the access of exploration equipment unless the Department has approved a plan signed by the soils engineer and/or geologist showing the extent of access grading and how the site is to be restored after exploration.
91.7006.5. Bonds in Hillside Areas Required. The Superintendent of Building may require bonds in such form and amounts as may be deemed necessary to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions.
91.7006.5.1. Surety Bond. (Amended by Ord. No. 171,939, Eff. 4/15/98.) Before a permit is issued for excavation or fill of 250 cubic yards (191.3 m3) or more of earth in a hillside area, the owner of the property shall file with the Department a bond for the benefit of the city. The bond shall be executed by the owner and a corporate surety authorized to do business in this state as a surety in an amount sufficient to cover the entire project.
EXCEPTION. Upon application by the owner, the Department may waive this requirement if:
1. The proposed grading is neither actually nor potentially hazardous;
2. The grading work performed is in compliance with a Department order; or
3. The applicant can substantiate, to the satisfaction of the Department, that the work under a grading permit will be fully executed.
91.7006.5.2. Cash Bond. In lieu of a surety bond, the owner may file a cash bond with the Department on the same terms and conditions and in an amount equal to that which would be required in the surety bond. The deposit may be in the form of negotiable United States securities in lieu of cash.
91.7006.5.3. Application of Bond to Adjacent Property. Where grading is required on property adjacent to the grading site under permit in order to complete a project satisfactorily, the owner of such adjacent property need not provide an additional grading bond if the original bond is of sufficient amount to include such additional grading.
91.7006.5.4. Conditions of the Bond. (Amended by Ord. No. 171,939, Eff. 4/15/98.) Every bond shall be conditioned such that the owner shall:
1. Comply with all applicable provisions of this Code and all other applicable laws;
2. Comply with all of the terms and conditions of the grading permit to the satisfaction of the Department;
3. Complete all of the work described by the permit, and the plans and specifications relating thereto, within the time limit specified in the permit. Upon application by the permittee, the Department, or the Board, in case an appeal is made to it pursuant to Section 98.0403 of the Los Angeles Municipal Code, may, for sufficient cause, extend the time specified in the permit, but no such extension shall release any surety on the bond.
4. Install temporary erosion control devices when required to do so by the provisions of this Code.
91.7006.5.5. Period and Termination of Bond. The term of each bond shall begin on the date of filing and shall remain in effect until the work is completed to the satisfaction of the Department or until replaced by a new bond in the event of a change of ownership. In the event of failure to complete the work and/or failure to comply with all of the conditions and terms of the permit, the Department may order some or all of the work to be completed to correct any hazardous conditions. The surety executing such bond, or such deposit, shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all of such required work to be done and that said surety or the depositor assents to any lawful extension of time within which to construct and complete such work. Such costs shall include an amount equal to the cost to the city of administering the contract and supervising the work required. In the case of a cash bond, the deposit, or any unused portion thereof, shall be refunded to the depositor upon completion of the work to the satisfaction of the Department. The Department may release or exonerate the bond under appropriate conditions when the public health and welfare is not jeopardized.
91.7006.5.6. New Ownership. (Amended by Ord. No. 171,939, Eff. 4/15/98.) In the event of change of ownership during grading, the new owner shall secure a new grading permit and post a new bond to ensure completion of the grading.
91.7006.5.7. Amount of Bond. (Amended by Ord. No. 171,939, Eff. 4/15/98.) The amount of the bond shall be based on the number of cubic yards of material in either excavation or fill, whichever is the greater amount, and in addition shall include the cost of all drainage or other protective devices such as, but not limited to retaining walls, as may lawfully be required. That portion of the bond valuation covering the cost of excavation or fill shall be computed as follows:
250 to 10,000 cubic yards $1,000, plus $1.00 per cubic yard
10,001 to 100,000 cubic yards $11,000, plus 50 cents per cubic yard for each additional cubic yard in excess of 10,000
Over 100,000 cubic yards $56,000, plus 35 cents per cubic yard for each additional cubic yard in excess of 100,000
For SI: 1 cubic yard = 0.765 m3
91.7006.5.8. Installment Refunds. When a substantial portion of the required grading work has been completed to the satisfaction of the Department, and when the completion of the remaining grading work, site development or planting is delayed, the Department may accept the completed portion of the grading work and consent to the proportionate reduction of the bond to an amount estimated to be adequate to ensure completion of the grading work, site development or planting remaining to be performed. Only one such reduction shall be considered for each bond posted.
91.7006.5.9. Entry Upon Premises. The Department, the Board of Public Works, the surety company, or their duly authorized representative, shall have access to the premises described in the permit for the purpose of inspecting the progress of the work.
In the event of default in the performance of any terms or conditions of the permit, the surety or any person employed or engaged in the person’s behalf shall have the right to go upon the premises to complete the required work, including the installation of temporary erosion control devices.
Should the permittee or the surety fail to perform the work described by the permit and the plans and specification relating thereto or required by any applicable law, and it is determined by either the Department or the Board of Public Works that the public health, safety or general welfare is endangered by such failure, the Department, the Board of Public Works, or the representative of either may enter upon the premises to perform all or any part of such work, including the installation of temporary erosion control devices.
It shall be unlawful for the owner or any other person to interfere with the ingress and egress from such premises of any authorized representative or agent of any surety company or the city engaged in the work ordered by the Department or the Board of Public Works.
91.7006.6. Consent of Adjacent Property Owner. (Amended by Ord. No. 185,587, Eff. 7/16/18.) Whenever any excavation or fill requires entry onto adjacent property for any reason, the permit applicant shall obtain the written consent of the adjacent property owner or the owner’s authorized representative, and shall file a copy of said consent with the Department before a permit for such grading work may be issued. The signature on such written consent shall be notarized.
In the event contours on adjacent properties are permanently changed, structures or drainage devices are added or modified, and/or the work done requires a grading permit under LAMC Subdivision 91.106.1.2, a separate permit shall be required for each such affected adjoining property in addition to the consent letter. Furthermore, the adjacent property owner shall acknowledge their consent on plans showing such work. The consent letter will not be required if the adjoining owner obtains a grading permit.
91.7006.7. Limitation of Export and Import.
91.7006.7.1. Export-import Defined. (Amended by Ord. No. 171,939, Eff. 4/15/98.) As used in this division, the term “export” and its derivatives shall be defined as the earth, brush or similar materials transported from a grading site. The term “import” and its derivatives shall be defined as earth, brush or similar materials transported to a grading site.
91.7006.7.2. General Conditions. (Amended by Ord. No. 171,939, Eff. 4/15/98.) The Department may designate routes of ingress and egress and may impose such conditions and require such safety precautions for pedestrian and vehicular traffic as it determines are required in the interest of public health, safety and welfare.
The imposed conditions may include, but are not limited to:
1. Restricting the size and type of hauling equipment.
2. Requiring traffic control device, flaggers, and signs and markers at appropriate locations along the designated routes as provided in the City of Los Angeles Department of Public Works and Traffic pamphlet, “Work Area Traffic Control Handbook”, 1990 Edition, or latest subsequent revisions.
3. Establishing a temporary “no parking” area authorized by the general manager of the Transportation Department when determined to be necessary.
4. Securing all loads by trimming, watering or other appropriate means to prevent spillage and dust.
91.7006.7.3. Subdivision Conditions. All conditions of import and export imposed in the approval of a tentative tract map shall be made a part of the grading permit.
91.7006.7.5. Special Hillside Conditions. (Renumbered by Ord. No. 182,850, Eff. 1/3/14.) No permit requiring the import or export of more than 1,000 cubic yards (764 m3) shall be issued for areas designated "hillside" except as specified in this section. A fee of $529.00 for the first 1,000 cubic yards and $100.00 additional for each 1,000 cubic yards or portion of 1,000 cubic yards, in addition to the permit fee shall be paid for processing an application for grading under the provisions of this section.
1. The applicant shall submit a proposed method of hauling, which shall include the location of borrow and/or dispersal sites within the hillside area, the truck staging areas, the portion of the haul route within the hillside area and extending to or from a major or secondary highway, the maximum gross weight of haul vehicles when loaded and other information as may be required by the Departments of Building and Safety, Transportation and Public Works. In addition, the applicant shall submit a copy of the soil/geological report approval letter when reports are required pursuant to LAMC Subsection 91.7006.2, a vicinity map, and a list of affected property owners to be notified of the public hearing pursuant to Item 4 of LAMC Subdivision 91.7006.7.5. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
2. The Department shall immediately forward a copy of the hauling proposal to the Department of Public Works which shall review same to determine the effect of the proposed hauling operation on the structural integrity of the public streets, on public safety due to street alignment, width and grade, and on public health and welfare due to noise and vibration as it may affect private property situated on or adjacent to the haul route within the hillside area.
The Department of Public Works shall collect a fee and may require a bond as specified in Article 2 of Chapter VI of the Los Angeles Municipal Code. The Department of Public Works may, within 21 days after receipt of the proposal, recommend conditions to be imposed on the hauling operations to protect the public health, safety and welfare in the respects hereinabove specified.
3. The Department shall also immediately forward a copy of the hauling proposal to the Department of Transportation which shall review same to determine the effect thereof on vehicular and pedestrian traffic in the affected area. The Department of Transportation may, within 21 days after receipt of the proposal, recommend any traffic control measures deemed necessary to protect the public health, safety and welfare.
4. The Department shall, within 45 days after receipt of the proposed method of hauling, schedule a public hearing before the Board, provided that any environmental document required pursuant to the provisions of the California Environmental Quality Act has been completed and that the soils/geology report for the project, if required pursuant to LAMC Subsection 91.7006.2, has been reviewed and approved by the Department's Grading Division. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
The Department shall give notice of the time, place and purpose of the hearing as follows:
a. by publishing a notice in at least one publication of general circulation in the City, designated for that purpose by the City Clerk, not less than ten days prior to the date of the hearing; and
b. by mailing a written notice at least ten days prior to the date of the hearing to the owner or owners of the property involved, and to the owners of all properties within 300 feet (91 440 mm) of the exterior boundaries of the site for which the grading permit has been requested using, for the purpose of notification, the last known name and address of owners as are shown on the records of the City Engineer or the records of the County Assessor; and (Amended by Ord. No. 181,595, Eff. 4/10/11.)
c. by the applicant posting notice of the public hearing in a conspicuous place and in clear public view on the property involved at least five days prior to the date of the public hearing.
5. At the public hearing, the Board shall consider the views of the applicant and other affected persons. The Board shall then grant or conditionally grant approval of export and import operations or, in the event it determines that the grading activity, including the hauling operation, will endanger the public health, safety and welfare, it shall deny the request. Where conditions of the permit are recommended by the Department of Public Works, including the condition that a bond be posted pursuant to LAMC Section 62.202, such conditions shall be made a part of any permit that may be issued. The decision of the Board shall not be effective until ten (10) calendar days have elapsed from the date of the Board's decision. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
6. Any affected person, including the applicant, who is dissatisfied with the decision of the board, may appeal the board decision within ten days to the City Council by filing an appeal with the City Clerk. The City Council shall hear and make its determination on the appeal not later than the 30th day after the appeal has been filed. The decision of the City Council on the matter shall be final. If the City Council fails to act on any appeal within the time limit specified in this section, the action of the board on the matter shall be final. (Amended by Ord. No. 179,324, Eff. 12/10/07, Oper. 1/1/08.)
7. The provisions of this section shall not apply to applications for permits which apply to export or import operations which have been approved in accordance with Section 17.13 of the Los Angeles Municipal Code.
91.7006.8. Conformance with Zoning Regulations Required.
91.7006.8.1. Subdivision Map Act. (Amended by Ord. No. 171,939, Eff. 4/15/98.) No permit shall be issued for any grading or import or export of earth materials to or from any grading site except in compliance with the zoning, private street and division of land regulations contained in Chapter I of the Los Angeles Municipal Code, the Subdivision Map Act of the State of California and the approved master plan for the area in which the grading is to be done.
91.7006.8.3. Baseline Hillside Ordinance. (Added by Ord. No. 184,692, Eff. 12/30/16.) No grading permit shall be issued for the import or export of earth materials to or from and no grading shall be conducted on any grading site in hillside ordinance areas unless the Building Permit has been approved in compliance with the Baseline Hillside Ordinance.
EXCEPTION: The requirements of this section shall not apply to any grading that is determined by the Department to be Remedial Grading as defined in LAMC Section 12.03.
(Title and Section Amended by Ord. No. 171,175, Eff. 7/25/96.)
If at any stage of work on an excavation or fill the Department determines that further work as authorized by an existing permit is likely to endanger any property or public way, the Department may require as a condition to allow the work to continue that plans for such work be amended to include adequate safety precautions. Safety precautions may include, but shall not be limited to, specifying a flatter exposed slope or construction of additional drainage facilities, berms, terracing, compaction, cribbing, retaining walls or buttress fills, slough walls, desilting basins, check dams, benching wire mesh and guniting, rock fences revetments or diversion walls.
No person shall excavate or fill so as to cause falling rocks, soil or debris in any form to fall, roll, slide or flow onto adjoining properties.
91.7007.1. Restriction of Work During Rainy Season. (Amended by Ord. No. 172,592, Eff. 6/28/99, Oper. 7/1/99.) The period between October 1 and April 15 is hereby determined to be the period in which heavy rainfall normally occurs in the City of Los Angeles and is declared to be the “rainy season”. During this period no grading work in excess of 200 cubic yards (153 m3) shall be commenced on any single grading site under permit until an erosion control system has been approved and it has been demonstrated to the Department’s satisfaction that such grading work will not endanger life, limb, health, property or public welfare.
Whenever it appears that repair work to rectify substandard conditions and any grading project previously commenced pursuant to a permit issued by the Department will not be completed prior to the commencement of the rainy season, the Department may order and the permittee shall install temporary erosion control devices to protect the persons and property near such project. In addition, the Board of Public Works may direct the permittee to comply with the provisions of LAMC Section 61.02. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
All hillside property owners or their agents shall submit erosion control plans to their district grading inspectors prior to October 1 for grading projects within unfinished grading work in excess of 200 cubic yards (153 m
3
) and sites with substandard conditions, unless specifically exempted by the grading inspectors.
91.7007.2. Duration of Work. (Amended by Ord. No. 185,587, Eff. 7/16/18.) No person shall conduct any grading excavation or filling, including the export or import of earth material, between the hours of 6:00 p.m. and 7:00 a.m. on any day nor on Sunday at any time, except in emergencies as provided in LAMC Subsection 91.7005.4.
(Amended by Ord. No. 171,939, Eff. 4/15/98.)
Grading operations, as indicated in LAMC Subsection 91.108.9, for which a permit is required shall be subject to inspection by the Department. Professional inspection of grading operations shall be provided by the civil engineer, soils engineer and the engineering geologist retained to provide such services in accordance with LAMC Subsection 91.7008.6 for engineered grading and as required by the Department for regular grading. (Amended by Ord. No. 185,587, Eff. 7/16/18.)
91.7008.1. Civil Engineer. The civil engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall consist of observation and review as to the establishment of line, grade and surface drainage of the development area. If revised plans are required during the course of the work, they shall be prepared by the civil engineer.
Upon completion of hillside tract grading, grading work in excess of 5,000 cubic yards (3825 m3) of either cut or fill, or a combination thereof, and other grading work if deemed warranted by the Department, the civil engineer or land surveyor responsible for the design shall submit a dated as-graded plan to the Department for approval of all work covered by the grading permit(s) and shall include the following:
l. The plan shall be no more than one-inch equals 40 feet scale (25 mm equals 12 192 mm scale)and shall show the locations of streets, pads, slopes, structures, pertinent elevations, original contours and finished elevations, and other pertinent information required to accurately show the as-graded condition.
2. The plan shall bear the signature of the design civil engineer or land surveyor which shall certify the engineer or surveyor has inspected the site, prepared the as-graded plans and that the work within the engineer’s or surveyor’s area of responsibility was done in accordance with the final approved grading plan.
91.7008.2. Soils Engineer. The soils engineer shall provide professional inspection within such engineer’s area of technical specialty, which shall include observation during grading and testing for required compaction. The soils engineer shall provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this division. Revised recommendations relating to conditions differing from the approved soils engineering and engineering geology reports shall be submitted to the owner, the Department and the civil engineer.
The soils engineer, at the completion of hillside tract grading, grading work in excess of 5,000 cubic yards (3825 m3) of either cut or fill, or a combination thereof, and other grading work if deemed warranted by the Department, shall submit a final report. The final report shall include:
1. The soil engineer’s professional opinion of the suitability of the fill material and their placement, and the ability of the natural materials to support the compacted fill without excessive settlement of the fill or potential damage to structures erected thereon;
2. The results of all in-place density tests;
3. A statement that all subdrains were inspected prior to backfill;
4. A statement to the effect that the soils engineer has inspected all cuts and fills and that in the soil engineer’s opinion they meet the design requirements; and
5. All locations of the in-place density tests, retaining walls, subdrains and cut/fill slopes shall be shown on a plot plan which may be referenced to a dated as-graded plan prepared by the design civil engineer or land surveyor.
91.7008.3. Engineering Geologist. The engineering geologist shall provide professional inspection within such geologist’s area of technical specialty, which shall include professional inspection of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer and the Department. (Amended by Ord. No. 186,488, Eff. 12/27/19.)
For hillside tract grading, grading work in excess of 5,000 cubic yards (3825 m3) of either cut or fill, or a combination thereof, and other grading work if deemed warranted by the Department, geologists shall submit periodic in-grading inspection reports at intervals determined by the Department. In addition, the engineering geologist at the completion of grading shall submit a final geological report stating that the geologist had maintained the required in-grading inspection, the recommendations of their pregrading report(s) have been followed, that in their professional opinion all known adverse geologic conditions have been corrected or provided for, future adverse geologic conditions are not anticipated, and all lots or sites are geologically suitable and safe for construction.
The final report shall include the geologist’s certification that the geologist has inspected all cut slopes and sidehill fill placement areas prior to placement of fill. The engineering geologist shall also certify that all subdrain placement areas were inspected prior to installation of the subdrains. The final report shall be referenced to a dated as-graded plan prepared by the design civil engineer or land surveyor.
91.7008.4. Grading Contractor. For hillside tract grading, grading work in excess of 5,000 cubic yards (3825 m3) of either cut or fill, or a combination thereof, and other grading work if deemed warranted by the Department, the grading contractor shall submit in a form prescribed by the Superintendent of Building a statement of conformance to said as-built plan and the specifications.
91.7008.5. Transfer of Responsibility. If, for any reason, the civil engineer, the soils engineer, or the engineering geologist of record is terminated during the progress of the grading work, that engineer or geologist, and the owner, shall immediately notify the Department in writing.
Such transfer of responsibility may result in temporary delays in the grading operations until satisfactory arrangements are made to assure the Department that competent professional supervision is provided. The new professional(s) shall submit to the Department a letter of responsibility that the previous professional’s designs, reports and recommendations have been reviewed and all provisions of the Department required as conditions of the grading permit will be complied with during the course of the work.
91.7008.6. Owner. (Amended by Ord. No. 185,587, Eff. 7/16/18.) The owner shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this Code, and the owner shall engage consultants, if required, to provide professional inspections on a timely basis. The owner shall provide a Registered Deputy Grading Inspector as required by LAMC Section 91.1704. The owner shall act as a coordinator between the consultants, the contractor and the Superintendent of Building. In the event of changed conditions, the owner shall be responsible for informing the Superintendent of Building of such change and shall provide revised plans for approval. The Department may require the submittal of a supplemental soils and/or geological report justifying such change.
91.7008.7. Notification of Noncompliance. (Amended by Ord. No. 186,488, Eff. 12/27/19.) If, in the course of fulfilling their respective duties under this division, the civil engineer, the soils engineer or the engineering geologist finds that the work is not being done in conformance with this division or the approved grading plans, the discrepancies shall be reported immediately in writing to the owner and to the Grading Division of the Department.
(Amended by Ord. No. 185,587, Eff. 7/16/18.)
When soils and/or geological reports are submitted to the Department per LAMC Subsection 91.7006.2, professional inspection for regular grading work may be required by the Department and so stipulated on a Department letter approving such reports.
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