Los Angeles County Municipal Code Ch. 16.72 Mapped Highways, Bikeways, Hiking and Equestrian Trails

The ordinance set out in this chapter shall be known as, and may be cited as the "mapped highways, bikeways, and hiking and equestrian trails ordinance."

(Ord. 11631 § 1 (part), 1978: Ord. 11303 § 1 (part), 1976: Ord. 7273 § 1 (part), 1958; Ord. 7216 § 10, 1957.)

As used in this chapter:

A.

"Mapped bikeway" means an area, no portion of which has been dedicated or acquired by the public, which is indicated as a bikeway on the Bikeway Plan, a subelement of the transportation element of the general plan, and for which there is on file in the office of the county engineer a county surveyor's map of such size, scale and detail that the exact location on the ground which the bikeway is to occupy can be ascertained.

B.

"Mapped highway" means an area, no portion of which has been dedicated or acquired by the public, which is indicated as a major or secondary highway or parkway on the circulation element of the county master or general plan (also known as the Master Plan of County Highways) and for which there is on file in the office of the county engineer a county surveyor's map of such size, scale and detail that the exact location on the ground which the highway or parkway is to occupy can be ascertained.

C.

"Mapped hiking and equestrian trail" means an area, no portion of which has been dedicated to or acquired by the public, which is indicated as a hiking and equestrian trail on the general plan, a community area plan or other subelement of the general plan, or California Recreational Trails and Hostel Plan, and for which there is on file in the office of the county engineer a map of such size, scale and detail that the exact location on the ground which the hiking and equestrian trail is to occupy can be ascertained.

D.

"Owner" means any person entitled to the use or possession of real property or any person applying for a building permit.

(Ord. 11631 § 1 (part), 1978: Ord. 11303 § 1 (part), 1976: Ord.7563 § 1, 1959; Ord. 7216 § 1, 1957.)

No person shall hereafter erect, without a permit as hereinafter provided, any building or structure other than a temporary structure costing less than $500.00 within the area of any mapped highway, bikeway, or hiking and equestrian trail.

(Ord. 11631 § 1 (part), 1978: Ord. 11303 § 1 (part), 1976: Ord. 7216 § 2, 1957.)

Prior to issuing any building permit, the county engineer shall examine the circulation element of the county master or general plan (also known as the Master Plan of County Highways), the Bikeway Plan, or general plan, community area plan or other subelement of the general plan, or the California Recreational Trails and Hostel Plan, and determine if there is on file in the office of the county engineer a county surveyor's map indicating the exact location on the ground which the proposed highway, parkway, bikeway, or hiking and equestrian trail is to occupy. If he finds that the building or structure proposed to be erected will lie within the boundaries of any mapped highway, bikeway or hiking and equestrian trail, he shall grant a permit if the cost of the proposed building or structure is $500.00 or less. Otherwise, he shall refuse such permit, and notify the owner or applicant for the permit of the reason for such refusal. Upon the denial of an application for a permit, the county engineer shall give written notice of his action to the board of supervisors, the director of planning and the road commissioner, and mail a copy thereof by certified mail to the owner or applicant at the address shown on the application. At the expiration of a period of six months after the date of mailing of any such notice, the permit shall be issued upon request of the owner or applicant, if the county or state has not acquired said property or has not instituted legal proceedings to acquire said property.

(Ord. 11631 § 1 (part), 1978: Ord. 11303 § 1 (part), 1976: Ord. 7216 § 3, 1957.)

Any person aggrieved by the refusal of a building permit under this chapter may request a hearing on the matter before the zoning board established by county Ordinance 1494, "the zoning ordinance," (codified at Title 22), hereinafter referred to as the board of appeals. Before taking any action authorized by this chapter, the board of appeals shall hold a hearing at which the applicant and any other interested parties shall have an opportunity to be heard. At least 10 days prior to date fixed for the hearing, the board of appeals shall cause notice of the time and place thereof to be mailed by certified mail to the owner or applicant. Written notice of the time and place of the hearing shall also be given to the county engineer, road commissioner, and department of facilities.

(Ord. 11631 § 1 (part), 1978: Ord. 11303 § 1 (part), 1976: Ord. 7623 § 1, 1954; Ord. 7216 § 4, 1957.)

The board of appeals shall authorize the granting of the permit if it finds any of the following are true:

A.

That the property on which the mapped highway, bikeway or hiking and equestrian trail location is a part, is of such nature that the owner of the land will be substantially damaged by refusal to grant the permit;

B.

That balancing the interest of the public in preserving the integrity of mapped highways, bikeways, or hiking and equestrian trails against the interest of the owner of the land in using his property, that granting of the permit is required by considerations of justice and equity.

(Ord. 11631 § 1 (part), 1978: Ord. 11303 § 1 (part), 1976: Ord. 7216 § 5, 1957.)

The board of appeals shall not authorize the granting of the permit if it finds either of the following is true:

A.

That the owner of the land will not be substantially damaged by locating the proposed structure on his land other than within the bed of the mapped highway, bikeway, or hiking and equestrian trail;

B.

That balancing the interest of the public and preserving the integrity of mapped highways, bikeways, or hiking and equestrian trails against the interest of the owner of the land in using his property, the resulting disadvantages to the county would be unreasonable and disproportionate to the advantages of the owner from using the property.

(Ord. 11631 § 1 (part), 1978: Ord. 11303 § 1 (part), 1976: Ord. 7216 § 6, 1957.)

Any owner or applicant dissatisfied with the decision of the board of appeals may appeal to the board of supervisors by filing with the clerk of the board of supervisors a notice of appeal. The board of supervisors may request a summary of the proceedings and evidence before the board of appeals and make such decision as in its opinion is justified thereby, or may set the matter for hearing before itself. If the board of supervisors sets the matter for hearing before itself, it shall, at least 10 days prior to the date fixed for the hearing, cause notice of the time and place thereof to be mailed by certified mail to the applicant at the address shown upon his notice of appeal.

(Ord. 11631 § 1 (part), 1978: Ord. 11303 § 1 (part), 1976: Ord. 7216 § 7, 1957.)

Upon the denial of an application for permit by the board of appeals or the board of supervisors, written notice of the denial shall be sent by certified mail to the applicant or owner at the address shown on his application.

(Ord. 11631 § 1 (part), 1978: Ord. 11303 § 1 (part), 1976: Ord. 7216 § 8, 1957.)

This chapter does not permit the construction, erection, placing or maintenance of any building or structure at any place where such construction, erection, placing, or maintenance is prohibited by Ordinance 1494 and Title 22 of this code, or by any other ordinance or law.

(Ord. 11631 § 1 (part), 1978: Ord. 11303 § 1 (part), 1976: Ord. 7273 § 2, 1958: Ord. 7216 § 9, 1957.)

If any provision of the ordinance codified in this chapter, or the application thereof to any person or circumstances is held invalid, the remainder of such ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby.

(Ord. 11631 § 1 (part), 1978: Ord. 11303 § 1 (part), 1976: Ord. 7273 § 1 (part), 1958: Ord. 7216 § 11, 1957.)