06 - Work Adjacent to Public Way (E Permit Lateral Support)

Per LAMC 91.109.3 - Issuance of Certificates, the City Engineer is authorized to review and provide Bureau of Engineering (BOE) Clearances for Los Angeles Department of Building and Safety (LADBS) building permit applications in order to determine if the proposed construction will encroach into the public way or if the construction will including removing the lateral support from the public way.  All cases of actual or possible encroachment, or removal of lateral support are referred to BOE for review.  In some instances, there may be multiple scenarios contained within one Clearance Summary Worksheet.  

Codes and regulations that govern this process include but are not limited to:

• LAMC 62.105.A and B  - (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. 
  
  (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 his 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 his 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. 
• LAMC 62.106 states that a class “A” or “B” permit must be issued for work within a public easement and that a written permit for construction, reconstruction or repair in, over or through any property owned by or under the control of the City is required.
• LAMC 62.02 - Excavations In and Adjacent to Streets - Permits
• LAMC 62.03 - Excavations In and Adjacent to Streets - Locations and Restrictions
• LAMC 62.04 - Excavations In and Adjacent to Streets - Performance of the Work
• LAMC 62.05 - Excavations In and Adjacent to Streets - Charges
• LAMC 62.111 - Class B Permits - Plans - Bonds - Insurance
• City of LA Storm Drain Design Manual Part G, Section G 064 “Work in a Drainage Easement”

When an Applicant comes to the counter, LADBS has made a determination there is work being performed adjacent to the public right of way and will require the Applicant to obtain an Excavation Permit (E-Permit).  In addition and accordance with all established policies by the Board of Public Works, Applicants will be required to obtain an “A” or “B” permit for all proposed construction in conjunction with a building permit clearance and approval in drainage easements.

Note: BOE created the Customer Service Request (CSR) Portal (located in the Customer Portal) to allow members of the public to make contact with City Staff for questions and/or assistance on any permit or development services related matter.  This includes requesting clearances for building permits.

Submittal Requirements

The goal of this procedure is to provide LADBS customers with an early acknowledgment that their project may require BOE review for impact on lateral support to public right of way.   BOE has determined there are two different types of clearances (work adjacent to or within a public easement (Sewer or Storm Drain) and removal of lateral support of a roadway or right of way), each with different submittal package requirements.  Encroachments that require approval by BOE may require the Applicant to obtain other BOE permits (E-Permit, "A" Permit, or "B" Permit) prior to BOE  providing clearance of the item on the Clearance Summary Worksheet.  If an E-Permit is required, BOE will start the lateral support review process once the Applicant has obtained an E-Permit.   In addition, an Applicant may be required to obtain an "A" or "B" Permit in order to perform work in the public right-of-way. 

BOE staff should verify/collect the following based on the scope of work of the project.

Work Adjacent to or Within a Public Easement (Sewer or Storm Drain)

1. Copy of the Clearance Summary Worksheet
2. Copy of the Building Permit Application
3. Copy of the plans submitted to LADBS  which illustrate the public sewer/storm drain easement on the property and the proposed encroachments within the said easement.  The E-Permit, Shoring (Lateral Support) Application Processing Procedures section of this manual can be reviewed to obtain additional information about requirements for Lateral Support.  If preliminary plans are submitted, BOE will start the review but will not provide approval of the clearance item until final stamped plans are submitted (if applicable).  Plans should also include:
   1. Cross sections showing the easement, location and depth of the existing sewer/storm drain within the easement, and the location of the proposed construction adjacent to the easement.  Proposed construction should show existing grade, piles/building support, footing elevation(s) as well as horizontal distance from the edge of the easement. 
   2. Survey may be required when elevations need to be verified of both the ground surface and underground sewer/storm drain lines.  All plans and sketches submitted should be drawn to scale (1”=10’). 
4. Additional technical documents may be necessary if a Structural Review is required (this would also require a "B" Permit)
5. Issuance of an A-Permit with two hours of special engineering included (A-Permits for minor construction operations and are only valid for six months from issuance)

Removal of Lateral Support of a Roadway or Right of Way

Processing Building & Safety Clearances

If it is determined that construction of the proposed building will cause no encroachment or removal of lateral support, BOE staff would process the Clearance as listed below starting with step __.  

Once the applicant has submitted the required documents listed above, BOE staff would begin the review, investigation, and determination of the subject project.

Work Adjacent to or Within a Public Easement (Sewer or Storm Drain)

1. Go to NavigateLA and search for the project street address
   1. Review and save a copy of the District Map
   2. Review and save a copy of the Drainage Map (can be done one of two ways)
      1. In the Table of Content menu, check "Maps and Indices", "Drainage Map Index" 
         1. Select the appropriate quadrant where the project is located and the map will show in a new window
      2. Click "Advanced Options" (gear icon)
         1. Click "Show Me" in the menu
         2. Click "Infrastructure - Storm Drains" and select the appropriate box
   3. Review and save a copy of the Sewer Wye Map (can be done one of three ways)
      1. In the Table of Content menu, check "Maps and Indices", "Digital Sewer Wye Map Index", and "Original Sewer Wye Map Image Index" 
         1. Select the appropriate quadrant where the project is located and the map will show in a new window
      2. Click "Parcel Sewer Wye Report" in the Report window and click save the maps that are linked under "Wye Map Indexes" 
      3. If no Wye Maps are listed, BOE should contact BCA and get a copy of BCA's Wye Sheets
2. Determine whether there are any sewer or storm drain structures within the easement. If so, print copies of the indexed plans
3. Review proposed encroachment and storm drain facilities for possible impacts
4. Perform a field investigation including taking detailed photographs

Plan Review

1. Based on the LADBS and BOE department memo, the appropriate District office shall determine if proposed shoring/excavation will require a structural Review.  If so, this is to be performed at the Central District.
2. BOE to complete the following:
   1. Copy of Lateral Support Review Acknowledge Form from LADBS
   2. Generate an E-permit application
   3. Open work order ER/ET
   4. Collect the bond prep fee
   5. Deposit the collected fees into ER/ET
   6. Complete the OT request form, if applicable
   7. Upload all receipts and forms online
   8. Add status card for bond estimate
3. BOE to prepare the bond estimate
4. If a Structural Review is required, BOE Central District staff will collect the following electronic (PDF) and hard copy documents from the Applicant:
   • Soil report and soil report approval letter
   • Shoring drawings and shoring design calculations
   • Site plans showing property lines (PL), ROW labels and shoring setbacks to PL
   • Architectural plan and section cuts
   • Structural foundation plan showing basement column and wall locations
   • Site grading plans and retaining wall plans if proposed grading or retaining wall undermine the public right of way
      
   1. Once a complete submittal package is received, BOE Central District staff will create a new structural review status card for review and approval of the shoring plans. If tiebacks are involved, BOE staff will note the following on the plans Above/below Central’s approval stamp:
      1. “Payment of fees are required for ____ tiebacks within top 20 ft, and _____ tiebacks below 20 ft, _____ District Office to collect tieback encroachment fee prior to permit issuance”
5. BOE Staff to verify the following:
   1. Are any active sewer/storm drain lines within excavation, including coordination with "B" permit group to verify if the pipeline is to be abandoned and relocated prior to E-Permit issuance?
   2. Does the proposed excavation encroach into any public right-of-way that is proposed to be vacated?  If so, the District Office shall verify whether the street vacation process is completed or a revocable permit with Council Motion is completed prior to issuance of the E-Permit.
   3. Verify final approved plan match the original plans submitted for bond estimate.
   4. Verify the bond is posted
   5. Verify the contractor's liability insurance is updated
   6. Have all tieback fees paid (if applicable)?
   7. Have all inspection fees been paid?
6. Issue permit and Geocode (different process outside of clearances?)
7. Add permit number to approved plan and upload a copy on E-Permit application
8. BOE staff to login to PCIS and complete tasks 1-5 as shown in the document 00 - Clearance Summary Worksheet for Building Permit Application Clearances,  Plan Check and Inspection System (PCIS) Usage, under Building Permit Clearances, Technical Procedures, Clearance Summary Work Sheet Clearances.
   1. Approve PCIS clearance with condition, “E permit ( EXXXX-XXXX) Public Works inspection required during the removal and reinstatement of lateral support. No C of O or TCO to be issued without Public Works final inspection of the E permit”

Determination

1. Level I (Quit Claim) – Easement inactive, City to recommend quit claim of easement.
   1. Apply for quit claim with Land Development Group.
   2. Applicant to sign, notarize and record ‘Acknowledgement of Easement’.
   3. Applicant to sign, notarize, and record ‘Waiver of Damages’.
   4. BOE to Sign-off Building Permit clearance on PCIS.
   5. Clear Certificate of Occupancy once improvements have been constructed and inspected.
2. Level II – Easement active, encroachment impact minimal. 
   1. Applicant to submit a cross-section of the easement, showing the location and depth of the footing of the structure the applicant proposes to construct.
   2. Make determination if Bureau of Sanitation should review the said encroachments to determine if it may hinder their maintenance of the said structure.
   3. Applicant to sign, notarize and record ‘Acknowledgement of Easement’.
   4. Applicant to sign, notarize, and record ‘Waiver of Damages’.
   5. Send applicant to public counter for issuance of a supplemental A-permit for construction inspection. Verify with Con Ad number of hours for special inspection.
   6. Sign-off Building Permit clearance on PCIS.
   7. Clear Certificate of Occupancy once improvements have been constructed and inspected.
3. Level III ("B" Permit) – Easement active, encroachment impact significant.  
   1. If construction of said encroachments can be done so, without negatively impacting City facilities, the applicant is required to:
      1. Open an excavation permit.
      2. Bureau of Sanitation should review the said encroachments to determine if it may hinder their maintenance of the said drainage/sewer structure.
      3. Structural Engineering Group to review impact on stormdrain/sewer facilities.
      4. Applicant to sign, notarize and record ‘Acknowledgement of Easement’.
      5. Applicant to sign, notarize, and record ‘Waiver of Damages’.
      6. Sign-off Building Permit clearance on PCIS.
      7. CCTV facilities, prior to construction of encroachment.
      8. Construct encroachment with inspection by the Bureau of Contract Administration.
      9. CCTV facilities, post construction of encroachment to verify condition of facilities.
      10. Clear Certificate of Occupancy for Building Permit once E-permit inspection is final and CCTV indicates no damage to City structures.
   2.  If construction of said improvements CAN NOT be done without impacting our facilities, the applicant is required to
      1. Contact the Land Development Group to reroute the storm drain easement.
      2. Apply for a "B" Permit to relocate the facilities within the newly dedicated stormdrain/sewer easement. "B" permit required under a general improvement. If applicant elects to go this route, private encroachments will not be present within the said easement and as such, follow the general "B" permit process for sign-off and building permit clearances.
      3. Sign-off Building Permit clearance once the Storm Drain work has been bonded for.
      4. Clear Certificate of Occupancy for Building permit once the "B" permit work has been completed and inspection has issued a final