(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.