PERMITTEE OBLIGATIONS AND REQUIREMENTS
Permittee's are responsible for paying fees and fulfilling conditions per LAMC 62.118.2 - Exemptions.
Applicants are encouraged to apply for a Revocable permit on-line at https://engpermits.lacity.org/public/control.cfm?action=Services. If the Applicant appears at the counter, they may fill-out an application and submit it over the counter. City staff would then enter the application on-line.
In some cases, it may be advisable to seek input from the Council Office over the area where the encroachment is proposed. The basis for approval should, of course, be the findings of the District Office regarding public safety, consistency within the neighborhoods, and compliance with applicable City standards.
INFORMATION REQUIRED BEFORE A REVOCABLE PERMIT CAN BE ISSUED
The address and location where the encroachment is proposed will be required. The description or scope of the encroachment will be required along with sketches and photographs. This information shall be submitted with the application. Information required prior to R-Permit issuance (may include, but, not be limited to):
- Sketch 8-1/2”x11” (min) and 11”x17” (max) showing the proposed encroachment with dimensions, elevations, details, north arrow and adjacent street names.
- Sufficient liability insurance coverage per the "Liability Insurance Requirements"
- Maintenance agreements and other permits
- Waiver of Damages form (signed, notarized and recorded by the owner of the property or underlying fee title). If the property is being leased, a copy of the lease agreement is required and the Waiver of Damages shall be signed and notarized, but, is not required to be recorded.
- Other potential required permits:
- A-Permit: Construction of walls, fences, sidewalks, curb and gutter, driveways, minor street improvements and special inspection.
- B-Permit: Required for all retaining walls and more extensive construction not covered by an A-Permit.
- E-Permit: Required for, but, not limited to the installation of conduits and boat docks.
HILLSIDE AREAS ONLY
Per LAMC Section 12.03, a hillside area is any land designated as Hillside Area as shown in the shaded portion of the Department of City Planning Hillside Area Map, dated September 23, 2009, attached to Council File No. 09-1390.
If the location of the Revocable Permit project is located in a Hillside Designated area, additional requirements may be required by the applicant.
If the roadway fronting the property is less than 20 feet wide, the property owner will be required, as a condition of the R-Permit, to widen/improve it to a minimum paved width of 20 feet which may include concrete curb and gutter.
A copy of a land survey that shows the proposed/existing encroachments, property line, centerline of roadway/right-of-way, width of existing roadway, and any other existing street improvements fronting the property is required to be submitted with the application.
- If the roadway fronting the property is less than 20 feet wide, the property owner may be required, as a condition of the R-Permit, to dedicate, widen and improve the street to the satisfaction of the City Engineer.
- The District Engineer should confirm any required dedication or improvements with the appropriate Highway Dedication personnel.
- A copy of a land survey that shows the proposed/existing encroachments, property line, centerline of roadway/right-of-way, width of existing roadway, and any other existing street improvements fronting the property is required to be submitted with the application.
CITY PLANNING / ZONING REGULATIONS
All R-Permit applications shall be checked for appropriate Specific Plan applicability. If the proposed encroachment is within a Specific Plan Area or other special City Planning area, the project must comply with the Specific Plan conditions. Customers will be referred to City Planning for specific requirements.
A Revocable Permit does not relieve a property owner of their duty to comply with zoning regulations. Per Section 12.21.A.1.(a) of the LAMC, no building or structure shall be erected, reconstructed, structurally altered, enlarged, moved, or maintained, nor shall any building, structure, or land be used or designed to be used for any use other than is permitted in the zone in which such building, structure, or land is located and then only after applying for and securing all permits and licenses required by all laws and ordinances. (Amended by Ord. No. 131,319, Eff. 1/16/66.)
OTHER CITY DEPARTMENT REQUIREMENTS
R-Permit applications may be referred to the following departments to verify that encroachments conform to departmental requirements:
- Department of City Planning: Over-height fences
- Bureau of Street Services: Landscaping
- Department of Cultural Affairs: Colored concrete
In all cases, the Applicant is encouraged to notify neighbors of encroachment plans. Only Sidewalk Dining requires public notification.
In general, no formal public notification is required for over-the-counter R-Permits. However, the District Engineer may require the notification of adjacent property owners if he/she feels it is necessary.
For R-Permits that require a full Board Report, a public hearing by the Board is required for approval. The posting of the R-Permit item on the Board agenda is considered sufficient public notice.
COMPLAINTS AND PERMIT REVOCATION
- All complaints must be submitted, in writing, to the District Engineer detailing reasons for revoking the permit.
- If it is determined that the encroachments are in violation of the permit conditions, the District Engineer shall inform the Bureau of Street Services to issue a “Notice to Comply” to the Permittee.
- If the Permittee disagrees with the District Engineer’s determination, the Permittee may appeal this determination, in writing, to the Board.
- If the District Engineer has determined that the Permittee has not violated the R-Permit conditions, the complainant may appeal this determination, in writing to the Board.
- If the Board deems it necessary, the District Engineer shall prepare a Board Report detailing the District Engineer’s recommendation, including all relevant supporting documentation.
- If the Board determines that a hearing is required, the District Engineer shall notify all individuals involved of the date, time and location of the hearing. If a hearing is not required, the District Engineer shall inform all of the individuals involved of the determination of the Board.
Because each Revocable Permit is varied and unique and may be revoked at any time for cause if BOE (permit issued by the District Engineer) or the Board of Public Works (permit issued by the Board) respectively determines:
- The permittee fails to comply with the provision of LAMC 62.118.2 - Exemptions
- The permittee fails to comply with the provision of the issued permit
- The permittee fails to comply with any City Planning Specific Plan requirements
- Conditions have changed since this issuance of the Revocable Permit (Board action may be required)
- Construction modified the right-of-way/sidewalk dimensions and thus the conditions for the approval are not the same as when the permit was issued.
If BOE determines the encroachments are in violation of the permit conditions, the following must take place:
- The District Engineer shall inform the Bureau of Street Services to issue a “Notice to Comply” to the Permittee. This letter shall include the reasons for non-compliance and any documentation received (including BSS citations) by the District related to the R Permit.
- BSS will issue a "Notice to Comply" to the Permittee stating the reason for revocation as well as any correction dates
- For Tier 3, BOE shall also prepare a Board Report recommending revocation, detail the reasons for revocation, and provide any supporting documentation (including BSS citations). Once a hearing date is set by the Board, The District Engineer shall notify all interested parties involved of the date, time and location of the hearing.
If it is determined the R Permit is to be revoked, the permittee will be notified in writing stating the effective date of revocation including the authority (Code, Board Action, Council Action, etc.) for which the revocations is being administered under, as well as what is to be removed. All removals shall be at no cost to the City and Permittee shall restore the public right-of-way to the satisfaction of the City Engineer.
Safety requirement for R Permits shall follow the Safety Guidelines for Development Services permits.
R-PERMIT REQUIREMENTS LETTER (RPR)
A Revocable Permit Requirements letter is sent to the applicant outlining the requirements needed to obtain the permit. The applicant has 180 days from the date of the letter to comply with the conditions required to obtain the permit. Click this R Permit Requirement Letter link for a sample.
R-PERMIT INACTIVITY LETTER
If a permit application has been inactive for more than 90 calendar days, a letter notifying the applicant that they have 30 calendar days to respond, or the application will be canceled. The applicant may apply for a Claim for Refund for a portion of the application fee. After this period of time, the applicant must submit a new application, including fees to start the application process over again. Click this R Permit Inactivity Letter link for a sample.