CC SR 20191106 04 - Policies & Procedures Regarding Encroachments
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 11/06/2019
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to receive and file a report on the City’s policies and
procedures regarding the encroachment of private improvements into the public right-of-
way
RECOMMENDED COUNCIL ACTION:
(1) Receive and file a report on the City’s policies and procedures regarding the
encroachment of private improvements into the public right -of-way.
FISCAL IMPACT: None.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kit Fox, AICP, Interim Deputy Director of Community Development
REVIEWED BY: Ara Mihranian, AICP, Director of Community Development
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. City Council Policy No. 31 (page A-1)
B. Resolution No. 90-93 (page B-1)
BACKGROUND AND DISCUSSION:
On April 16, 2019, Councilmember Dyda asked Staff to agendize a future item
regarding the City’s policies and procedures dealing with the encroachment of private
improvements into the City’s public rights-of-way (PROWs). Staff understood that this
request was prompted (at least in part) by the City Council’s then-recent discussions of
the proposed Bronco Trail Project on Palos Verdes Drive East, which had been
complicated (and ultimately abandoned) due to the existence of private improvements
(e.g., paving, walls, etc.) within the PROW.
Identifying the PROW
The City’s PROWs generally include the roadway (i.e., paved street with or without
gutter) and the parkway (i.e., landscaping strip and/or sidewalk). Depending on the
width of the PROW, abutting private property lines may be located several feet back
from the edge of pavement or face of curb (see Figure 1 below). For example, the
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typical PROW width in a residential neighborhood may be about 50 feet, with 34 feet of
paved roadway and eight feet of parkway on each side of street. The PROW of arterial
streets will typically be much wider, with proportionately wider parkways. In the Bronco
Trail case, for example, the PROW of Palos Verdes Drive East is 90 feet wide, but
paved roadway is only about 40 feet wide, leaving 50 feet of unimproved PROW .
Figure 1: Typical Street Cross-Section
In the City’s more suburban subdivisions (i.e., with traditional curbs, gutters and
sidewalks), it is generally easier for homeowners to identify their front or street side
property line(s) because they often align with the edge of the sidewalk located closer to
the house. Streets in these neighborhoods are also usually centered within the PROW ,
resulting in parkways of uniform width on each side of the street. In these
neighborhoods, the extent of the PROW is more visually apparent and it is easier for
homeowners to avoid creating unintentional encroachments.
In the City’s more rural neighborhoods, (i.e., without traditional curbs, gutters and/or
sidewalks), it is often difficult for homeowners to identify their front of street side
property line(s) due to the lack of these tell-tale improvements. It is also not unusual for
streets in these neighborhoods to be off -center within the PROW, resulting in parkways
that vary in width from lot to lot on each side of the street. In these neighborhoods, the
extent of the PROW is far less visually apparent and it is much easier for homeowners
to create unintentional encroachments.
Permitting of Encroachments
Recognizing the need to address both intentional and unintentional encroachments into
the City’s PROWs, the City Council adopted City Council Policy No. 31 in 1996
(Attachment A).1 Amendments were made to Policy No. 31 in 1997 to include tract entry
observation booths (i.e., “guard shacks”). Further amendments made in 2000 included
specifically addressing the legalization of non-permitted encroachments. The most
recent amendments were made in 2016 and 2017 to exempt cert ain homeowners’
association security camera systems from the requirement for an encroachment permit
1 Policy No. 31 replaced an earlier policy that had been adopted in 1984.
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from the Community Development Department. Since it appears that the encroachment
of small structures and improvements (i.e., fences, walls, pilasters, etc.) along the sides
of the PROW is the primary concern to the City Council, the following discussion will
summarize the permitting procedures for these types of encroachments.
Policy No. 31 establishes thresholds for Director- and Planning Commission-level
review of encroachment permits for small structures and improvements. Generally,
structures encroaching less than 6 feet horizontally into the PROW; structures with a
base footprint of 2 square feet or less; and structures 6 feet tall or less in height may be
approved by the Director. Planning Commission review is generally required for
structures and improvements extending 6 feet or more horizontally into the PROW;
structures with a base footprint exceeding 2 square feet; structures more than 6 feet tall;
fountains exceeding 18 inches in height; and structures and improvements exceeding
30 inches in height within the intersection visibility triangle (IVT).
The Public Works Department has a significant role to play in the review of these
encroachment permit proposals. In all cases, the applicant is required to provide
evidence satisfactory to the Public Works Department depicting the location of the
proposed structures and improvements relative the PROW line. Public Works
Department review is also required for any structure located within the IVT. Finally, the
Planning Commission has the authority to refer proposals to the Traffic Safety
Committee for its review if traffic safety is involved.
Policy No. 31 further provides findings and conditions for the issuance of all
encroachment permits. These include (but are not limited to):
Findings that the proposal is not detrimental to public health and safety; that it
cannot be accommodated on private property; and that it will not result in any
view impairment; and,
Conditions requiring indemnification of the City; requiring execution of a covenant
agreeing to remove the encroachment with 10 days’ notice by the Director of
Public Works; and addressing any other issued deemed appropriate by the
Director of Community Development, Planning Commission, Director of Public
Works and/or Traffic Safety Committee.
The procedures established under Policy No. 31 apply equally to proposed new projects
and existing non-permitted encroachments.
Enforcement and Resolution of Non-Permitted Encroachments
With respect to existing non-permitted encroachments, Staff is generally aware that
there are many instances of encroachments into the City’s PROWs. In some cases,
these encroachments are brought formally to Staff’s attention when a property owner
submits applications for development on private property, either by the depiction of
these improvements on project plans or by the direct observation of Planning Staff
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during the application review process. In other cases, encroachments are reported to
the Code Enforcement Division as complaints from neighbors or other interested
parties. There are also instances where non-permitted encroachments are bought to
Code Enforcement’s attention by Public Works Staff and/or contractors in the course of
performing maintenance and repairs in the PROW. It is important to note that the City’s
Code Enforcement efforts are reactive rather than proactive in these matters.
When encroachments come to light in the context of an active planning application, the
project planner will identify the issue to the project applicant and work with the applicant
to include these encroachments within the scope of the proposed project. Whe re
necessary and appropriate, applicants may be required to modify and/or remove
portions of existing improvements in order to comply with the requirements of Policy
No. 31, as discussed above. The legalization of existing encroachments is memorialized
in the conditions of approval for the development project. The City maintains leverage to
ensure that any required modification or removal of existing encroachment s is
completed through the withholding of building permit issuance, inspection and/or final,
as applicable on a case-by-case basis.
When encroachments come to the City’s attention as Code Enforcement complaints,
they are handled in the same manner as complaints involving non -permitted structures
and improvements located on private property. The property owner is issued a notice of
violation and given a deadline to resolve the violation by either removing the
encroachment(s) from the PROW or submitting the necessary planning application to
legalize the encroachment(s) in accordance with Policy No. 31. Property owners who
fail to respond timely to Code Enforcement notices may be subject to additional
enforcement actions, including but not limited to legal action, the abatement of the
encroachment(s) by the City, and the imposition of administrative penalties and liens.
Another available option to resolve the encroachment of existing private improvements
in the PROW is the vacation of the PROW by the City. Resolution No. 90-93
(Attachment B) establishes a procedure for requests for the City to vacate PROW. This
process involves review of the proposed vacation by the City’s Traffic Safety Committee
and Planning Commission. A recent example of such a request was for the vacation of
a portion of the PROW of Crest Road East near the top of San Pedro Hill in 2016, which
was initiated due to the existence of private improvements in the PROW adjacent to two
residences. With the PROW vacated, any existing improvements are then subject to the
development standards (i.e., setback, height, etc.) that apply to private property.
CONCLUSION:
As noted above, Staff is generally aware that there are many instances of existing
private encroachments into the City’s PROWs. However, since the City has reactive
code enforcement, these encroachments are addressed on a case-by-case basis as
they formally come to Staff’s attention. Policy No. 31 provides substantial guidance for
the resolution of non-permitted encroachments. If desired by the City Council, Policy
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No. 31 may be revisited to address any perceived deficiencies in its existing procedures
or requirements.
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CITY COUNCIL POLICY
NUMBER: 31
DATE ADOPTED/AMENDED: 04/16/96 (Amended 01/21/97, 04/18/00,
12/20/16, and 04/04/17)
SUBJECT: Encroachments into the Public Right-of-Way
POLICY:
It shall be the policy of the City Council to follow the procedures outlined in the
attached Policy Statement for encroachments in the public right-of-way, as adopted
on April 16, 1996, revised on January 21, 1997, April 18, 2000, December 20, 2016,
and April 4, 2017.
BACKGROUND:
On April 19, 1996, the City Council reviewed and approved an update of the City
policy pertaining to encroachments of structures in the public right-of-way. The
changes consisted of augmentation of the then current policy which was approved
by the City Council on May 15, 1984, with language pertaining to the encroachment
of tract entrance observation structures into the public right-of- way. The City
Council has directed that this policy relating to encroachments into the public right-
of-way be placed into the City Council Policy Manual.
Amendments were made on April 18, 2000, to streamline the review process for
certain types of encroachments into the right-of-way, especially for unpermitted
structures for which legalization is sought.
Amendments were made on December 20, 2016 and April 4, 2017, to exempt security
cameras owned by Homeowner Associations for public safety purposes provided that
the location was approved by the Public Works and Community Development
Departments. Additionally, certain sections were updated to be consistent with the
City’s Municipal Code, along with wording amendments for clarification purposes.
Attachment: April 16, 1996 Policy Statement for Encroachments into the Public
Right-of-Way (Revised January 21, 1997, April 18, 2000, December 20, 2016, and
April 4, 2017)
A-1
POLICY STATEMENT FOR
IN THE PUBLIC RIGHT-OF-WAY ADOPTED APRIL 16, 1996 AND
REVISED ON APRIL 4 , 2017.
The City Council approved this policy at its April 16, 1996, meeting, and amended it on
January 21, 1997, April 18, 2000, December 20, 2016, and April 4, 2017. It should be noted
that this policy replaces and supersedes the one adopted by the City Council on May 15,
1984.
The City may permit encroachments of walls, fences, pilasters, observation booths, security
cameras and/or similar structures on an individual basis, based on the following criteria:
I. FENCES, WALLS, PILASTERS, AND OTHER SIMILAR STRUCTURES IN THE
RIGHT-OF-WAY
1) All requests for construction of fences, walls, pilasters, and other similar structures that
are to encroach into the public right-of-way shall be submitted to the Community
Development Department, and shall include the following materials:
a) A letter from the applicant and/or adjacent property owner(s) describing the
proposed encroachment request and the reason for the request.
b) A processing fee as established by Resolution of the City Council.
c) Five (5) hard copies and an electronic copy of plans which clearly show the following:
i) A site plan which shows the accurate lot dimensions, property lines, location
and dimension of the adjacent public right-of-way, and the location of all
easements, if applicable.
ii) A site plan indicating the location and dimensions of all existing and/or proposed
encroachments (i.e walls, fences, pilasters, or other similar structures) , as well
as the distance of the proposed encroachments from the adjacent property
lines.
iii) Section and/or elevation drawings representing the total height of the proposed
project, as measured from both the highest and lowest existing adjacent grade.
d) Documentation to the satisfaction of the Director of Public Works that demonstrates
the location of the proposed encroachment relative to the edge of the public right-
of-way.
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e) For encroachments to be reviewed by the Planning Commission, two copies of a
"vicinity map", prepared to scale, which shows all properties located within the tract
for which the proposed observation booth will serve, as well as all properties located
within 500 feet of the tract boundaries. All lots shown on the "vicinity map" shall be
numbered consecutively, beginning with the number "one". The "vicinity map" must
be prepared exactly as described in the attached instruction sheet.
f) For encroachments to be reviewed by the Planning Commission, two (2) sets of self-
adhesive mailing labels and one (1) photocopy of the labels which list the property
owner of each parcel which falls within the boundaries shown on the "vicinity map".
The name and address of every property owner (including the applicant) and the
local Homeowners Association (if any), must be typed on 8-1/2 X 11 sheets of self-
adhesive labels (33 labels per sheet). The labels shall be keyed to the consecutive
numbers shown on the "vicinity map" as described above. The property owners’
mailing list must be prepared exactly as described in the attached instruction sheet.
2) Fences, walls, pilasters, and other similar structures which meet the following criteria
shall be subject to review and approval by the Director of Community Development:
a) Encroachments extending less than 6-feet into the public right-of-way (Note that it
is the applicant’s responsibility to demonstrate the location of the proposed
encroachment to the Director of Public Works’ satisfaction, which may entail
preparation of a survey for some projects);
b) Encroachments, such as individual pilasters or similar structures, having a base
width that is no more than 24 inches on each side;
c) Encroachments whose total height, including any decorative features, does not
exceed 72 inches, unless located adjacent to the front property line, in which case
the total height does not exceed 42 inches. The main structure (excluding
decorative features) shall not exceed 60 inches, unless it is located within an
Intersection Visibility Triangle as determined by the Director of Public Works, in
which case the overall height including any decorative features may not exceed 30
inches;
i) If the decorative features are lanterns, light fixtures, or some other kind of light
source, then the property owner must demonstrate that adequate screening
and shielding is provided to ensure that there is no direct or indirect illumination
of another property other than where the light source is located, that there is no
adverse traffic/pedestrian impact, and that all conditions of residential outdoor
lighting pursuant to Municipal Code Section 17.56.030 are met.
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The Director’s decision shall be appealable pursuant to the Appeal procedures of Chapter
17.80 of the Rancho Palos Verdes Municipal Code (RPVMC).
3) Fences, walls, pilasters, and other similar structures which meet the following criteria
shall be subject to review and approval by the Planning Commission at a duly noticed
public hearing pursuant to Section 17.80.090 of the RPVMC.
a) Encroachments extending more than 6-feet into the public right-of-way (Note that
it is the applicant’s responsibility to demonstrate the location of the structure to the
Director of Public Works’ satisfaction which may entail preparation of a survey for
some projects);
b) Encroachments, such as individual pilasters and other similar structures, having a
base width that exceeds 24 inches on each side;
c) Encroachments with a decorative features at a combined height that is greater than
72 inches, or encroachments without decorative features at a height that exceeds
60 inches.
d) Encroachments serving as bases for decorative features (i.e. statuary) that are
more than 60 inches in height, and/or the combined height of a decorative feature
and its base that is greater than 72 inches.
e) Encroachments that are decorative features (i.e. fountains) measuring more than
18 inches in height;
f) Encroachments including decorative features or decorative features/bases with a
combined height measuring greater than 30 inches within an Intersection Visibility
Triangle.
The Planning Commission may refer a request to the Traffic Safety Committee for
recommendation, if traffic safety is involved. The Planning Commission may grant the
encroachment, subject to the conditions stated below in Section 5, and any other conditions
which the Commission may impose, or deny the encroachment if it fails to meet the criteria
stated below in Sections 3 and 4. The Planning Commission decision may be appealed to
the City Council, pursuant to the appeal procedures of Chapter 17.80 of the RPVMC.
4) In granting an Encroachment Permit, the Director of Community Development or the
Planning Commission must find the following:
a) The encroachment is not detrimental to the public health/safety, and that the Public
Works Director has made a written determination that the encroachment does not
pose a hazard to vehicular traffic, pedestrians, or equestrians; and further that all
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other requirements for issuance of a Public Works Department encroachment
permit are met. The Community Development Department review shall be
concurrent with the Public Works Department review to the greatest degree
possible.
b) The encroaching structure cannot be reconfigured or relocated due to practical
difficulties or unnecessary hardship, including economic hardship, so as to either:
i) locate the structure on the applicant’s property in accordance with provisions of
the Municipal Code; or,
ii) adhere to the criteria set forth for an encroachment requiring Director-level
review .
c) The encroaching structure is not inconsistent with the general intent of the
Development Code.
d) Illuminating features of the encroachment, such a light fixtures, are designed and
configured in a manner that minimizes impacts to neighboring properties or
vehicular traffic, and prevents direct or indirect illumination of a property other than
the applicant’s, as determined by the Director of Community Development.
e) The encroachment does not significantly impair a protected view from any
surrounding property.
5) Approval of an Encroachment Permit shall be subject to the following conditions, and
any other appropriate conditions necessary to protect the public health, safety, and
welfare:
a) Prior to construction of the encroachment, the owner shall submit to the City an
"Indemnification and Hold Harmless" agreement for recordation, to the satisfaction
of the City Attorney.
b) Prior to construction of the encroachment , the owner shall submit to the City a Use
Restriction Covenant for recordation, agreeing to remove the encroachment within
ten (10) days of notice given by the Director of Public Works, except in case of an
emergency where less notice may be required. The owner shall also acknowledge
that failure to remove the encroachment within the specified time will result in
removal of the structure by the City, and that the owner shall be billed by the City
for the costs of removal of the encroaching structure.
c) Prior to construction of the encroachment, the owner shall obtain an Encroachment
Permit from the Department of Public Works and, if applicable, permits from the
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Building and Safety Division. The owner shall be responsible for any fees
associated with the issuance of said permit(s).
d) The encroachment shall be constructed and installed in accordance with the
approved plans, and the owner shall comply with all conditions and requirements
that are imposed on the project.
e) Prior to construction of the encroachment, the applicant shall submit to the City a
covenant, subject to the satisfaction of the City Attorney, which records these
requirements as conditions running with the land, and binding all future owners of
the property which is benefited by the encroachment (i.e., underlying right-of- way,
adjacent property, or common area owned by a homeowners association, if any),
until such time as the encroaching structure is removed from the right-of-way.
f) The applicant shall comply with all recommendations and requirements, if any,
required by the City's Planning Commission, Traffic Safety Committee, or Traffic
Engineer.
II. OBSERVATION BOOTHS AND SIMILAR STRUCTURES WITHIN THE PUBLIC
RIGHT-OF-WAY
1) All requests for construction of observation booths or similar structures within the public
right-of-way are to be submitted to the Community Development Department, and shall
include the following materials.
a) A letter from the applicant and/or adjacent property owner(s) describing the
proposed encroachment request and the reason for the request.
b) Any application for construction of an observation booth or similar structure, shall
first be approved by the local Homeowners Association, if any, in accordance with
the recorded CC & R's for the Homeowners Association.
c) The applicant shall be responsible for all costs associated with the application. A
minimum Trust Deposit of $1,000 shall be established to cover costs associated
with the application. Additional deposits may be required if the costs for processing
the application exceed the minimum required deposit.
d) Five (5) copies and an electronic copy of plans which clearly show the following:
i) A site plan which shows the accurate lot dimensions, property lines, location
and dimension of the adjacent public right-of-way, and the location of all
easements, if applicable.
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ii) A site plan indicating the location and dimensions of all existing and/or proposed
observation booths or similar structures, as well as the distance of all existing
and/or proposed encroachments from the adjacent property lines.
iii) Section and/or elevation drawings representing the total height of the proposed
project, as measured from both the highest and lowest existing adjacent grades.
e) Two copies of a "vicinity map", prepared to scale, which shows all properties located
within the tract for which the proposed observation booth will serve, as well as all
properties located within 500 feet of the tract boundaries. All lots shown on the
"vicinity map" shall be numbered consecutively, beginning with the number "one".
The "vicinity map" must be prepared exactly as described in the attached instruction
sheet.
f) Two (2) sets of self-adhesive mailing labels and one (1) photocopy of the labels
which list the property owner of each parcel which falls within the boundaries shown
on the "vicinity map". The name and address of every property owner (including
the applicant) and the local Homeowners Association (if any), must be typed on 8-
1/2 X 11 sheets of self-adhesive labels (33 labels per sheet). The labels shall be
keyed to the consecutive numbers shown on the "vicinity map" as described above.
The property owners’ mailing list must be prepared exactly as described in the
attached instruction sheet.
2) All requests shall be subject to review first by the Traffic Safety Committee and then by
the Planning Commission. Both the Traffic Safety Committee and Planning Commission
meetings shall be duly-noticed public hearing pursuant to Section 17.80.090 of the
RPVMC. Upon a favorable recommendation by the Traffic Committee, the Planning
Commission shall grant the encroachment, subject to the conditions stated below in
Section 16, or deny the encroachment if it fails to meet the criteria stated below in
Sections 3 through 15, inclusive. The Planning Commission decision may be appealed
to the City Council, within fifteen (15) calendar days following the Commission's
decision.
3) In granting an Encroachment Permit for an observation booth or similar structure, the
Planning Commission must find that each of the following conditions exist:
a) The encroachment is in the best interest of the City.
b) The encroachment is not detrimental to the public health and safety.
c) There is no alternative location on private property to accommodate the proposed
improvements without encroaching into the City's right-of-way.
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d) The encroachment has been designed in the safest manner possible.
e) The encroachment does not significantly impair the view from the viewing area of
any private property as defined in the City's Development Code, nor from an area
designated by the General Plan or Coastal Specific Plan to be protected.
4) The maximum height limit of observation booths or similar structures located within the
public right-of-way shall not exceed twelve (12) feet.
5) The observation booth or similar structure shall not exceed a maximum of 120 square
feet in area.
6) For structures which are attended by an operator, restroom facilities shall be provided
within the observation booth.
7) All necessary utilities (i.e., cable, electric) shall be located underground.
8) All minimum sight distances and turning radii shall be maintained, subject to review and
approval by the City's Traffic Safety Committee and engineering consultant.
9) All observation booths or similar structures shall be located on a separate, curbed, and
landscaped median.
10) No portion of any eave and/or overhang shall extend beyond the edge of the curb of the
landscape median, or into any travel lanes. The structure shall be designed to maintain
appropriate lateral and overhead clearance to ensure that large and/or high profile
vehicles or trucks will not hit the overhangs on the building.
11) Protective bollards shall be installed at each corner of the structure to reduce the
potential for accidental damage caused by vehicles.
12) The observation booth or similar structure shall be compatible with the character and
architectural styles of surrounding residences.
13) Directional signage only shall be permitted in association with construction of the
observation booth or similar structure. Installation of any signs shall be subject to
separate review and approval of a Sign Permit. Installation of signs with changeable
copy intended to provide general information regarding upcoming events, meetings,
etc., shall not be permitted within the public right-of-way.
14) Any proposed exterior lighting shall be located on the facade of the building, at a
maximum height of ten (10) feet. All exterior lighting shall be shielded and directed
downwards to prevent direct illumination of or towards surrounding properties.
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15) Ingress/Egress vehicle lanes shall be a minimum of eighteen (18) feet wide at the
Observation Booth to allow vehicles to pass a stopped vehicle. Wider travel lanes may
be required at the discretion of the City.
16) Approval of an Encroachment Permit shall be subject to the following conditions:
a) The applicant shall comply with all recommendations and requirements, if any,
required by the City's Planning Commission, Traffic Safety Committee, or Traffic
Engineer.
b) Prior to construction of the observation booth or similar structure, the owner shall
submit to the City a "Hold Harmless" agreement for recordation, to the satisfaction
of the City Attorney.
Prior to construction of the observation booth or similar structure, the owner shall
submit to the City a Use Restriction Covenant for recordation, agreeing to remove
the encroachment within sixty (60) days of notice given by the Director of Public
Works, except in case of an emergency where less notice may be required. The
owner shall also acknowledge that failure to remove the encroachment within the
specified time will result in removal of the structure by the City, and that the owner
shall be billed by the City for the costs of removal of the encroaching structure.
c) Prior to construction of the observation booth or similar structure, the owner shall
obtain a minimum of one million (1,000,000) dollars liability insurance, naming the
City as an additional insured, subject to review and acceptance by the City Attorney.
Proof of said insurance shall be provided to the City annually.
d) Prior to construction of the observation booth or similar structure, the owner shall
obtain an Encroachment Permit from the Department of Public Works. The owner
shall be responsible for any fees associated with the issuance of said permit.
e) The encroachment shall be constructed and installed in accordance with the
approved plans, and the owner shall comply with all conditions and requirements
that are imposed on the project.
f) Prior to construction of the encroachment, the applicant shall submit to the City a
covenant, subject to the satisfaction of the City Attorney, which records these
requirements as conditions running with the land, and binding all future owners of
the property which is benefited by the encroachment (i.e., underlying right-of-way,
adjacent property, or common area owned by a homeowners association, if any),
until such time as the encroaching structure is removed from the right-of-way.
g) No person and/or vehicle shall be required to present identification nor otherwise
be restricted, prohibited, or denied access to any public right-of- way, including but
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not limited to streets, sidewalks, parks, and/or public trails as a result of construction
of any attended or unattended observation booth or similar structure.
h) Prior to construction of the encroachment, the owner and/or applicant shall submit
to the City a Covenant agreeing to assume all responsibility for maintenance and
upkeep of the structure.
III. HOMEOWNER ASSOCIATION SECURITY CAMERAS IN THE RIGHT-OF-WAY
1) All requests for construction of homeowners’ association security cameras in the public
right-of-way shall be submitted to the Community Development Department, and shall
include the following materials.
a) A letter from the applicant (i.e., homeowners’ association) and/or adjacent property
owner(s) describing the proposed encroachment request and the reason for the
request.
b) Documentation to the satisfaction of the Director of Public Works that demonstrates
the location of the structure relative to the edge of the public right-of-way.
c) All fees associated with an Encroachment Permit for homeowners’ association
security cameras shall be waived.
2) The Public Works, Community Development, and Sheriff’s Departments will meet with
the applicant to assess the proposed location and to determine whether there is a more
suitable location.
3) Security cameras owned by homeowners’ associations shall be exempted from the base
size and height limitations described elsewhere in this Policy, with the approval of the
Director of Public Works and the Director of Community Development.
4) In granting an Encroachment Permit for homeowners’ association security cameras, the
Director of Community Development must find the following:
a. The encroachment is not detrimental to the public health/safety, and that the Public
Works Director has made a written determination that the encroachment does not
pose a hazard to vehicular traffic, pedestrians, or equestrians; and further that all
other requirements for issuance of a Public Works Department encroachment
permit are met. The Community Development Department review shall be
concurrent with the Public Works Department review to the greatest degree
possible.
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b. The encroaching structure cannot be reconfigured or relocated due to practical
difficulties or unnecessary hardship, including economic hardship, so as to either:
i. locate the structure on the applicant’s property in accordance with provisions of
the Municipal Code; or,
ii. adhere to the criteria set forth for an encroachment requiring Director-level
review.
c. The encroaching structure is not inconsistent with the general intent of the
Development Code.
d. Illuminating elements associated with and a part of the proposed security camera
are configured in a manner that minimizes impacts to neighboring properties or
vehicular traffic, and prevents direct or indirect illumination of a property other than
the public right-of-way intended to be illuminated in order to enhance the night time
use of the security camera, as determined by the Director of Community
Development.
e. The encroaching structure does not significantly impair a protected view from any
surrounding property.
5) Approval of an Encroachment Permit for homeowners’ association security cameras
shall be subject to the following conditions, and any other appropriate conditions
necessary to protect the public health, safety, and welfare:
a. Prior to construction of the encroaching structure, the owner shall submit to the City
an "Indemnification and Hold Harmless" agreement for recordation, to the
satisfaction of the City Attorney.
b. Prior to construction of the encroaching structure, the owner shall submit to the City
a License Agreement agreeing to remove the encroachment within ten (10) days
of notice given by the Director of Public Works, except in case of an emergency
where less notice may be required. The owner shall also acknowledge that failure
to remove the encroachment within the specified time will result in removal of the
structure by the City, and that the owner shall be billed by the City for the costs of
removal of the encroaching structure.
c. Prior to issuance of the Encroachment Permit, the applicant shall comply with all
City recommendations and requirements.
d. The applicant for the proposed encroaching structure, post, fence and/or wall, shall
obtain an Encroachment Permit from the Department of Public Works and, if
applicable, any permit from Building and Safety. .
Page 11 of 12 01203.0005/352406.1
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e. The encroachment shall be constructed and installed in accordance with the
approved plans, and the applicant shall comply with all conditions and requirements
that are imposed on the Encroachment Permit.
Page 12 of 12 01203.0005/352406.1
A-12
B-1
I
I
RESOLUTION NO. 90-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES ESTABLISHING PROCEDURES
FOR VACATION OF CITY RIGHT-OF-WAY AND EASE-
MENTS
WHEREAS, the City Counc i 1 of the City of Rancho Palos
Verdes has determined a requirement for establishing definite
rules and procedures for vacation of City right-of-way and eas-
ments; and
WHEREAS, the City Counci 1 of the City of Rancho Palos
Verdes has determined that said rules and procedures can best be
established by setting them forth in a duly adopted City Resolu-
tion;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES DOES HEREBY RESOLVE TO OPERATE AS FOLLOWS:
Section 1: Request for Vacation. A request for
vacation of City right-of-way or easement shall be in writing to
the Director of Public Works and shall include the following;
a) Name, address and phone number of the person (s)
making the request.
b) A map clearly defining the area covered by the re-
quest and intended use of said area.
c) Justification for the requested action.
d) Signatures of at least 50% of the directly af-
fected property owners, as determined by the Director of Public
Works.
Section 2: Initial Review. Staff will review the
application and present it at the first available Council meet-
ing. Council will then decide if the request is to be pursued.
Section 3: Vacation Procedure. If Council agrees
to proceed with the vacation, the following procedure shall be
followed;
a) Review Fee - A trust deposit account will be re-
quired by the applicant, once Council has decided to proceed with
the vacation investigation. Charges against this trust deposit
will only be for work expended on the project. Deposit amount to
be $2,000.00.
h) Title Report - A title report will be commissioned
to determine underlying fee of the property in question and paid
by the applicant.
B-2
c) Committee Review -The request will then be
reviewed by the appropriate committees and recommendations for-
warded to Council.
d) Intent to Vacate -The findings of staff and the
committees will be presented to Council for adoption of resolu-
tion of "Intent to Vacate" or denial of the request.
e) Utilities -All utilities will be notified so that
existing facilities can be protected.
f) Planning Commission -The Planning Commission will
review the project to determine its compatibility with the City's
general plan.
g) Conditions of Approval -Staff will prepare a set
of conditions of approval for Council's review.
h) Vacation -Council will deny the request or adopt
a resolution of vacation. Staff will prepare legal descriptions
and documents. Once the conditions of approval have been met,
the notice of vacation will be filed.
i) Excess Funds -Any funds left in the trust deposit
shall be returned to the applicant.
Section 4: These procedures shall be implemented in
compliance with provisions as contained in the Streets and High-
ways Code.
PASSED, APPROVED AND ADOPTED THIS
1990.
S ate of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I
I, JO PURCELL, City Clerk of the City of Rancho Palos I
Verdes, hereby certify that the above Resolution No. 90-93 was
duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on December 18, 1 0.
City
City Palos Verdes