01 - Dedication Processing

Purpose

Within the three areas of dedication there are different types of dedications that can be processed through BOE.  In order to enforce these requirements, BOE has the authority to obtain the necessary right-of-way from private property owners when properties are developed as either By-Right or Discretionary.  If an Applicant only requires information about a property and has no building permit, the Applicant may request Highway Dedication information from BOE at no fee .  If BOE determines an investigation is required for a Preliminary Land Use Review per LAMC 62.106.1(a), this would be processed through BOE’s Planning Case Referral Form (PCRF) which also requires a fee.

1. By-Right:  Obtain the necessary right-of-way through a Highway Dedication clearance on a Department of Building and Safety Building Permit Application (B&S Application). In addition to the right-of-way dedication, the private property owner may be required to make necessary improvements such as roadway widening and installation of curb, gutter, curb ramps, and sidewalk. If the existing public right-of-way is already fully improved, the private property owner is requested to construct additional sidewalk over the newly dedicated property, repair or replace broken and off grade sidewalk, and close unused driveways.
   
   A permit to construct, remodel, or enlarge an apartment house, commercial or industrial building fronting on a major or secondary highway (also referred to in the Mobility Plan 2035 as Avenues and Boulevards) can be issued only subject to the applicant providing for dedication of the adjoining streets. However, highway dedication and improvement cannot be required for additions and accessory buildings incidental to other than a residential building existing on the lot as of March 1, 1962, if the total cumulative floor area of such additions and accessory buildings does not exceed 200 square feet. The system of major and secondary highways is shown on the Highways and Freeway Element of the General Plan File in the office of the Department of City Planning.
   1. LAMC 12.37 - Highway and Collector Street Dedication and Improvement - This type of dedication allows BOE to obtain necessary public street right-of-way from private property owners to meet City Standards. Every street in the City of Los Angeles is classified according to its prescribed transportation use. Each type of street has a required right-of-way width, roadway width, and sidewalk width.
   2. LAMC 12.21.A.17 - General Conditions, Use, One-Family Dwellings, Accessory Buildings and Additions.  Hillside Regulations (also known as Hillside Dedication) - This type of dedication allows BOE to obtain necessary public street right-of-way from private property owners to meet City Standards within the Hillside Area. Streets in the Hillside Area are classified according to its prescribed transportation use. Each type of street in the Hillside Area has a required right-of-way width, roadway width, and sidewalk width.  
2. Discretionary Actions (Processed by BOE, Land Development Group):  The second method of obtaining dedication and improvements is when the property owner applies for any entitlement or other discretionary action through City Planning.  Although these requirements are based on the street classifications and standards, these are required under a different authority.  Additional municipal code that support discretionary actions include LAMC 12.37.A.7 & LAMC 12.37.A.10 - Highway and Collector Street Dedication and Improvement, Requirement.  Discretionary actions are processed by the District and Land Development Divisions.
   1. City Planning Determination of Dedication - Per LAMC 17.05.A.1 - Design Standards, Street Standards Committee, the Street Standards Committee, which is chaired by the City Planning Director, will make recommendations related to minimum width and improvement standards for all classes of public and private streets and alleys.  Recommendations will include minimum width and improvement standards as it determines are necessary for the safe and adequate movement of pedestrians, bicyclists, transit service and vehicular traffic, the increased retention and detention of stormwater, the installation of necessary utilities and for reasonable and proper access to abutting properties.  Such standards shall not be applicable to any street or alley for which the City Council, by ordinance, adopts specific standards.
   2. Easement Dedication (can also be a Voluntary Dedication) - Per LAMC 17.07.B - Final Map, Procedure, the City Engineer may refuse to approve the recording of a Final Map covering only a portion of a Tentative Map, when in the process of checking the Final Map, it is determined that it will not be feasible from an engineering standpoint to construct satisfactory improvements in the reduced area, unless additional street or easement dedications and improvements beyond the boundaries of the Final Map are provided.
3. Voluntary Dedication:  Voluntary Dedication is the process by which an Applicant volunteers to dedicate part of their property in order to provide access to the public right of way.  Two specific types of voluntary dedications are:
   1. Dedicating frontage to  allow for passenger drop-off and ADA compliance
   2. Allow for easements to go through your property, i.e., moving/establishing a sewer line from one area of a property to another 

NOTE:  The Highway Dedication Clearance procedure is used when an Applicant needs a clearance for a building permit application. 

City’s Authority for the Highway and Collector Street Dedication and Improvement 

The City's authority for street dedication and improvement is required in order for the City to adequately maintain street systems that can provide the most optimal mobility to Angelino’s now and into the future.  In addition, per LAMC 62.104(b) - Repairs to Sidewalks, Driveway Approaches, Curb Returns and Curbs, Responsibility for Maintenance, even if a determination has been made that a project is not subject to LAMC 12.37, an Applicant may still be required to repair the public right-of-way. 

Terms and Definitions

Arterial:  Per City Planning's Complete Streets Design Guide, arterial streets can be thought of as the City’s trunk lines that provide access to major commercial destinations

Avenue:  Per City Planning's Complete Streets Design Guide,  avenues may vary in their land use context, with some streets passing through both residential and commercial areas

Boulevard:  Per City Planning's Complete Streets Design Guide,  boulevards represent the City’s widest streets that typically provide regional access to major destinations.

Collector:  Per City Planning's Complete Streets Design Guide,  collector streets are generally located in residential neighborhoods. They provide access to and from arterial streets for local traffic and are not intended for cut-through traffic

Local Street:  Per City Planning's Complete Streets Design Guide,  local streets are intended to accommodate lower volumes of vehicle traffic. Local streets have one lane in each direction and have parking on both sides of the street.

R3: A commonly used term which refers to a specific land use zone referenced in LAMC 12.37 (A).  This term is sometimes used interchangeably with LAMC 12.37 and Highway Dedication.

12.37:  A commonly used term which refers to the process documented in LAMC 12.37.  This term is sometimes used interchangeably with R3 and Highway Dedication.

Dedication:  The turning over by an owner or developer of private land for public use, and the acceptance of land for such use by the governmental agency having jurisdiction over the public function for which it will be used. The 

Highway Dedication (Highway Ded, Hwy Ded):   A commonly used term which refers to the dedication process documented in LAMC 12.37.   This term is sometimes used interchangeably with R3, Dedication, and 12.37.

By-Right:  A ministerial project that does not require discretionary review by Los Angeles City Planning. These types of projects can proceed directly to the Department of Building and Safety to request a building permit(s) because they meet the existing standards and zoning regulations outlined in the Los Angeles Municipal Code and their scope does not trigger discretionary entitlement review.

Discretionary:  A discretionary entitlement is a planning approval granted to an applicant to allow for a specific type of land use and/or to allow for the construction, modification, or use of a building. The approval of an entitlement involves a formal discretionary application process, and may require a public hearing prior to issuing a recommendation or a determination letter to approve or deny. 

Ministerial:  Per LAMC 48.02 - Definitions, a ministerial action is considered ministerial if it does not require the City official or employees involved to exercise discretion concerning any outcome or course of action.

Processing a Dedication

The following sections detail the information BOE staff must gather in order to process a dedication application through the on-line Highway Dedication Tracking System.   

(Dale W to provide information about when clearance will be provided) If the private property is City-owned, BOE staff shall reference 05 - Right-of-Way Applications:  Transfer of Jurisdiction, Transfer Within City Departments of this manual for procedures.

When determining if a property is subject to dedication, remember there are many concurrent activities and many tasks that must happen before a determination can be made.  The following is a detailed breakdown of each step documented on the Highway Dedication Flow Chart. ​​

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Highway Dedication Processing for Discretionary Projects

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​When an Applicant comes to the counter with a Clearance Summary Worksheet for a Discretionary project, BOE shall process the request per the procedures in the 02-Highway Dedication section of Building & Safety Clearances.  BOE will review the Customer's Determination Letter from City Planning and confirm any Dedication requirements (letter is also in ZIMAS). The Determination Letter will also note any improvement requirements.  Improvements will be processed per the  07 - Permit (Driveways, Curb Ramps, and Sidewalks) procedures in this manual.  BOE can also review ZIMAS to confirm Planning Conditions.

Conditions

The following four conditions are the only discretionary actions for dedications.  If there are none of the below conditions, the project may be subject to  LAMC 12.37 and will be processed per the "01a - Highway Dedication Investigations" guidelines in this document.  BOE staff will check the for the following conditions in ZIMAS.  Once the subject property is selected, BOE shall open the Case Numbers dropdown from the left and select the referenced Case Number shown on the Applicants Clearance Summary worksheet. 

1. Director of Planning  - DIR in the right column (NOTE: These conditions are generally for older cases)
   1. Open all ​​​​​Letter(s) of Determination, Rev. to Determination, or Clarifications and review for amendments and/or changes.  Start with the oldest documents first and work your way to present documents.  All documents need to be considered as requirements may change over time.  If there is nothing listed, BOE will have to determine if the project is subject to LAMC 12.37.
      1. "Bureau of Engineering" - Highway Dedication and/or Improvement Requirements will be shown.  
2. Tract Map (Subdivision Case) - TT (Tentative Tract) or VTT (Vesting Tentative Tract) in the right column (Subdivision Cases will not require an R3 Investigation because the Planning's Determination Letter establishes the conditions).
   1. Open all ​​​​​Letter(s) of Determination, Rev. to Determination, or Clarifications and review for amendments and/or changes.  Start with the oldest documents first and work your way to present documents.  All documents need to be considered as requirements may change over time.
      1. "Bureau of Engineering - Standard Conditions" (also referred to as "S" Conditions) - Improvement requirements
      2. "Bureau of Engineering - Specific Conditions" - Highway Dedication requirements
3. Parcel Map (Subdivision Case) - AA in the right column (Parcel) (Subdivision Cases will not require an R3 Investigation because the Planning's Determination Letter establishes the conditions).
   1. Open all ​​​​​Letter(s) of Determination, Rev. to Determination, or Clarifications and review for amendments and/or changes.  Start with the oldest documents first and work your way to present documents.  All documents need to be considered as requirements may change over time.
      1. "Bureau of Engineering - Specific Conditions" - Highway Dedication requirements
      2. "Bureau of Engineering - Standard Conditions" (also referred to as "S" Conditions) - Improvement requirements
4. City Planning Commission - CPC with VZC (Vesting Zone Change), ZC (Zone Change) in the right column 
   1. Open all ​​​​​Letter(s) of Determination, Rev. to Determination, or Clarifications and review for amendments and/or changes.  Start with the oldest documents first and work your way to present documents.  All documents need to be considered as requirements may change over time. CPC's with VZC (Vesting Zone Change) or ZC (Zone Change) will not require an R3 Investigation because the Planning's Determination Letter establishes the conditions. 
      1. "Conditions for Effectuating (T) Tentative Classification Removal" - Review for Highway Dedication and/or Improvement requirements
      2. "(Q) Qualified Conditions for Approval" - If no conditions are found in the above section, review this section for any Highway Dedication and/or Improvement requirements
5. Other Planning Determinations - Conditional Use (CU), shown as a suffix in the case number, may have conditions and should be reviewed as follows:
   1. Open all ​​​​​Letter(s) of Determination, Rev. to Determination, or Clarifications and review for amendments and/or changes.  Start with the oldest documents first and work your way to present documents.  All documents need to be considered as requirements may change over time.  Dedication and/or Improvement requirements would be listed as a condition within the Determination. If there is nothing listed, BOE will have to determine if the project is subject to LAMC 12.37.

No Dedication Required per the Planning Determination Letter(s)

1. BOE staff to login to PCIS (follow the instructions under 01b - Dedication Processing - On-Line Application Procedures) and sign off the “Lot Subject to Highway Dedication…” section of the Clearance Summary Worksheet as "Not Required".

Dedication Required per the Planning Determination Letter(s)

1. BOE staff to provide the Applicant with the Highway Dedication Application Checklist.  Applicant will most likely leave the counter at this time and return with the required information
2. Applicant to provide BOE with the following items:
   1. Items requested in the Highway Dedication Application Checklist, including:
      1. A current copy of an original Preliminary Title Report/Title Insurance Policy showing current ownership and encumbrances. If a sale of this property is contemplated, DO NOT SUBMIT Title Reports showing the sellers name and information as this will incur additional fees.
      2. A copy of your Clearance Summary Worksheet (Building Permit Application will be attached)
      3. A notarized letter of intent to comply with the terms of LAMC 12.37, signed by the property owner
   2. Applicant to pay the Highway Dedication Processing fee (LAMC 12.37.F.2)
3. BOE staff to login to PCIS (see 02 - Highway Dedication in this manual on how to process a Highway Dedication Clearance) and sign off the “Lot Subject to Highway Dedication…” section of the Clearance Summary Worksheet as Approved with Conditions 
4. Highway Dedication Not Required
   1. Applicant is required to follow the same work flow as a project subject to LAMC 12.37.

Dedication Processing for By Right Projects

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​​​Once the Applicant returns to the counter with all the appropriate documents, as requested in the Highway Investigation Checklist.   BOE staff will perform the following tasks within the Highway Dedication Tracking System.  This system allows City staff to document and track cases.  This system is NOT available to the public.  Throughout the Highway Dedication Process, BOE staff will be updating the online system and investigating or processing the application. NOTE:  If there is a Subdivision or a CPC Case with VZC (Vesting Zone Change) or ZC (Zone Change) an R3 Investigation will not be required because the Planning's Determination Letter establishes the conditions.

1. Applicant to provide Highway Dedication Investigation Checklist (which includes a site plan and either the LADBS Clearance Summary Worksheet or a WDI application) and BOE to collect the Non-Refundable, Highway Dedication Investigation Fee (LAMC 11.12 - Summary of Fees for Bureau of Engineering Services Provided Pursuant to the Provisions of this Chapter) prior to BOE staff performing any investigation
2. BOE to create a new record in the Highway Dedication Tracking System per the instructions under "01b - Dedication Processing - On-Line Application Procedures" step 1-12.  ​​​​​​BOE will select "Investigation" in Step 2.
3. BOE to start the investigation and determine Highway Dedication and/or Improvement requirements
   1. Dedication Determination
      1. In Navigate LA, click the “Table of Contents” button to show the available Layers. 
      2. Turn on the “Dimensions” layer under Landbase then Landbase Annotation to review the existing street right-of-way dimensions. 
      3. Click on the center line in front of the property and review the “Designation” and Right-of-Way Width (Designated) fields. You can save the layers you select under your My NavigateLA.
         1. CLARIFICATION:  Right of way width may vary throughout the public right of way and each property owner (one on each side of the center line) is responsible for dedicating an amount as established by the Mobility Plan 2035.  In some cases, the centerline of the right of way will not be located in the center of the street because the street is curved or skewed.
      4. Verify the limitations of the dedication by reviewing the following:
         1. Area of dedication cannot exceed 25% of the lot area.
         2. Dedication reduces the lot below a width of 50-ft.
         3. Dedication reduces the lot below an area of 5,000 sf.
         4. Dedication cannot be taken over an existing building that will remain.
      5. Compare the existing right-of-way width to the current Standard Street Dimension (S 470—1) width from property line to property line.  If the existing half right-of-way width is less than the standard half right-of-way dimension, the difference will be the dedication requirement.
   2. Improvement Determination 
      1. BOE to schedule a field investigation to observe existing conditions to determine if improvements will be required
         1. BOE to print a copy of the project location from NavigateLA and take to the field  for "field markups"  
         2. Photograph the existing sidewalks, alley way pavement conditions, curbs, gutters, curb ramps, driveways, existing encroachments, etc.
         3. Note any missing infrastructure like gutters, curbs, etc.
         4. Measure any repairs that may be necessary.  For example if a sidewalk is broken, BOE should measure the length of the broken sidewalk and mark this on the sheet that was printed from NavigateLA.
4. Once the investigation is complete, BOE  should open the applicable record within the Highway Dedication Tracking System
5. Click "Attachments" from the left menu
   1. Upload all documents that were obtained during the investigation.  Files should be named in an easy to understand manner.
6. Click "Prepare Documents" from the menu on the left side.  BOE Staff to prepare the "Letter of Requirements to Customer" for the Applicant per the instructions under "01b - Dedication Processing - On-Line Application Procedures".
   1. If NO Highway Dedication is required, BOE staff to provide the Applicant with a copy of the Highway Dedication Determination Letter.
      1. If the Applicant is required to make improvements, this would be done through the issuance of an A or B Construction Permit
         • Applicant to provide BOE with proof that an A or B Permit was obtained
      2. BOE to sign off the “Permit for Construction of Driveways/Curb Ramps/Sidewalks” section of the Clearance Summary Worksheet and PCIS as Approved with Conditions (insert reasons in the comments section).
         • Conditions would include what the improvements are that must be constructed
   2. If dedication IS required, BOE staff to provide the Applicant with a copy of the Letter of Requirements to Customer, the Highway Dedication Procedures handout (located online in the BOE Highway Dedication Tracking System) and answer any questions and/or explain the Highway Dedication process.
      1. Print a copy of the map from Navigate LA and sketch the proposed dedication for the Applicant, including the dimensions required for the dedication
      2. Explain any public works improvements that will be required (LAMC 91.106.4.7.1 - Condition of Permits)
      3. Questions about required documents
      4. Involved departments / where the application will be routed and approved
      5. Discuss with the Application that this is an offer that is typically accepted by City Council, but the Applicant should know the risks involved
7. Additional processing will be needed once the Applicant returns to the BOE counter with the information required in the Highway Dedication Handout.

Processing Highway Dedication

Once a completed Highway Dedication package has been accepted by public counter staff, the BOE is responsible for processing the package which is not completed until the dedication is accepted by the City Council. 

BOE Staff to collect and/or review the following from the Applicant

1. Highway Dedication Processing Fee (LAMC 11.12 - Summary of Fees for Bureau of Engineering Services Provided Pursuant to the Provisions of this Chapter)
2. Required information listed in the Highway Dedication Procedures document to start the dedication process:
   1. Current copy of Preliminary Title Report, which must be less than 6 months old.  Deeds, Subdivision Reports, or Property Profiles are not acceptable.
   2. Copy of the active Building Permit and Clearance Summary Worksheet from the Department of Building & Safety
   3. Notarized Letter of Intent (included in the Applicant’s handout) signed by the property owner
   4. The approved site plan that was submitted to Building & Safety showing the existing and proposed property lines

1. If the Applicant is required to construct improvements and/or curb ramps, the following will be required:
   1. BOE informs the Applicant they can either construct the improvements and/or ramps through the issuance of an A or B Permit (or post a B Permit Bond) (LAMC 91.106.4.7.1 - Condition of Permits)
2. BOE to sign off the “Lot Subject to Highway Dedication…” section and the “Permit for Construction of Driveways/Curb Ramps/Sidewalks” section of the Clearance Summary Worksheet as Approved with Conditions (insert reasons in the comments section).
3. BOE Staff to enter in the Plan Check and Inspection System (PCIS) Approved with Conditions (insert reasons in the comments section)
4. Save the Status and Pending in PCIS
5. BOE Staff to click on the “Process Application” selection on the left menu in the Highway Dedication Tracking System and enter date payment was received and check the appropriate box for the applicable fees.
6. BOE Staff to upload all applicable documents to the on-line Highway Dedication Tracking System
7. Using the on-line system, BOE Staff shall forward the application to Survey to write legal description.
8. Survey will prepare the Irrevocable Offer to Dedicate (IOD) and the Legal Description and upload back into the on-line system the final documents
9. Survey will record the date the documents were completed
10. Survey will forward the complete application and all attachments to the Bureau of Engineering, Real Estate Group (REG)
11. REG will complete the following:
    1. Verify ownership and obtain property owner notarized signatures on the Irrevocable Offer to Dedicate (IOD).  IMPORTANT NOTE:  Once REG has on file the signed and notarized IOD, the City has one (1) year to complete the dedication process, otherwise BOE shall issue a release of the offer to dedicate. 
    2. Record the IOD with the County of Los Angeles. 
    3. Upload the stamped and recorded IOD to the Highway Dedication Tracking System
    4. Send a hard copy back to the appropriate BOE District office.
12. Mapping will update Navigate LA
13. Per LA City Charter Section 558 - Procedure for Adoption, Amendment or Repeal of Certain Ordinances, Orders and Resolutions, BOE staff prepares Resolution of Acceptance Package to be sent to Planning.  City Planning has 30 days to review and approve the Signed Resolution of Acceptance package or BOE may continue process after that time.  Documents in this package include:
    • • Transmittal Sheet with supervisor signature
      • Two copies of the Official Resolution of Acceptance
      • Copy of NavigateLA map showing dedication
14. If APPROVED by Planning, they would return the approved (stamped) Resolution with all originals to BOE.
    1. BOE staff to prepare a package to City Engineer package for acceptance or denial including:
       • Transmittal Sheet from the District Engineer to the City Engineer
       • Copy of the Transmittal Sheet sent to Planning
       • Two copies of the Official Resolution of Acceptance stamped by Planning
       • Copy of NavigateLA map showing dedication
       • Copy of the recorded IOD
15. If DENIED by Planning, Planning would return a written denial letter to BOE and Applicant stating the reason(s) for denial.

Work Orders

Work orders are only used for Overtime/Expedited service for BOE staff to complete the Highway Dedication processing.  BOE staff will be required to track their time spent while working on the Highway Dedication process.

Opening an Expedited Work Order (OT)

If the Applicant desires expedited service, BOE staff would be required to open an expedited work order.

1. Click on the link labeled Work Order on the left side menu.
2. Select Request Opening a Work Order (HT) if no work order opened.
3. All fields such as Project Code, Major Project Code and other fields are auto-populated.
4. If you opened a work order by mistake, you can use the link provided to cancel the opening of the work order. This link will disappear if the work order is processed by the work order unit. 
5. An Open Work Order and link will send an electronic request to the BOE Work Order Unit

Closing a Work Order 

1. At the end of the project, you need to close the work order by clicking on the Close Work Order link. 
2. A Close Work Order link will send an electronic request to the BOE Work Order Unit. 

NOTE:  It's important to close to the work order once the process is complete in order for the Applicant to receive any of the remaining funds left in the work order.

LAMC AND City Charter Codes

1. Historical Information - CPC Case Establishing the Highway Dedication and Improvement Process

2. City Planning Form 4048 - Application for Waiver of Dedication and/or Improvements (WDI) to the Public Right-of-Way Process

3. City Planning Form 4047 - Supplemental Application for Waiver of Dedication and/or Improvements (WDI) to the Public Right-of-Way Requirements

• LAMC 12.37 - Highway and Collector Street Dedication and Improvement
• LAMC 91.106.4.7.1 - Condition of Permits
• LAMC 62.106.1(a) – Fees for Preparation of Required Reports by the City Engineer in Conjunction with Land Use Reviews
• Ordinance 175978 – Authorize the City Engineer to Accept Certain Offers to Dedicate on Behalf of the City Council
• Los Angeles Administrative Code, Chapter 21, Article 1.5, Section 22.500.2 - Definition and Control of Facilities and Infrastructure Projects – Control of Real Property for Infrastructure
• LAMC Article 5, Section 15.00.D – Time Limit for City Planning Department to respond to any petition, ordinance, or resolution
• Special Order No. 010-0900 - BOE Policies and Procedures for Establishing Requirements and Recommendations for Highway Dedications and Public Improvements Under the R3 Ordinance and Discretionary Action Land Development Case
• Special Order No. 002-0506 - BOE Policies and Procedures for Establishing Requirements and Recommendations for Highway Dedications and Public Improvements Under the R3 Ordinance and Discretionary Action Land Development Case 
• Special Order No. 006-1004 - Highway Dedication for Recreation and Parks Projects