This procedure references tree installation or landscaping within the Caltrans right of way. This generally begins with an Applicant requesting a BOE District Office to email Caltrans regarding the City's acceptance to execute an LMA.
Note: A Caltrans LMA is considered a contract and per the City Attorney, a member of the Board of Public Works shall be the only entity to sign the contract (not their designees).
Once the Applicant /Developer has decided to proceed with obtaining a Caltrans Encroachment Permit (issued by Caltrans), the following steps should be followed by the Applicants and BOE Staff:
- Applicant to apply for a Revocable Permit (Tier 3) from the Customer Portal per the instructions contained in the 00 - Revocable (R) Permit Application Processing Procedures in this manual. In addition, the Applicant will be required to include the following information as part of the Revocable Permit application:
- In the Description of Encroachment Field, enter the contact email and phone number for the person who is responsible at Caltrans' for the LMA
- Site Plans demonstrating the tree and/or landscaping installations within the Caltrans right of way
- If applicable, documents requiring the trees and/or landscaping installations to be placed within State Highway. For example, City Planning may have instructed the Applicant to replace trees, remove, etc.
- Copy of the current Caltrans LMA or draft LMA (see Sample Caltrans Landscape Maintenance Agreement), if issued prior to applying for the R Permit
- Copy of the Caltrans Encroachment Permit (or a draft copy if not yet approved), if issued prior to applying for the R Permit
- Applicant to pay a Tier 3 initial deposit (minimum $3,000), per LAMC 62.118.2 - Improvements in Public Streets - Issuance of Revocable Permits
- BOE Staff shall transmit the Site Plan via email to Nishith Dhandha in the StreetsLA Landscaping Group (nishith.dhandha@lacity.org) for review of the proposed installations
- Once StreetsLA approves the Site Plan, BOE Staff shall send an email to the Applicant and the Caltrans contact with the following information:
- Approved Site Plan stamped by StreetsLA
- A written statement from BOE acknowledging that an LMA shall need to be executed between the City and Caltrans
- Applicant to provide the encroachment permit information and Caltrans LMA draft to BOE Staff
- BOE Staff to review the LMA to confirm the City would not be responsible for items outside of landscaping
- If items arise that are questionable, contact Caltrans for confirmation
- BOE Staff to initiate a Board Report (see Sample Caltrans LMA Board Report)
- BOE Staff to provide a Covenant and Agreement to Applicant for notarization and recordation prior to returning to BOE Staff (see Sample Caltrans LMA Covenant & Agreement)
- Once the Board of Public Works approved the item at a Board Hearing and the Covenant and Agreement is recorded, BOE Staff to transmit the finalized LMA to the Board of Public Works for signatures (see Sample Approved Caltrans Landscape Maintenance Agreement Board Report)
- BOE Staff to provide the finalized LMA to the Applicant
Note: Trees and/or landscaping that is proposed in Caltrans property (i.e., freeway offramps) will require that the City apply as the applicant on the encroachment permit. Discussions are continuing with StreetsLA to have someone from their team sign as the applicant.
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