Loading...
CC SR 20220215 08 - Public Safety Reimbursement Program CITY COUNCIL MEETING DATE: 02/15/2022 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA TITLE: Consideration and possible action to approve the City’s Public Safety Reimbursement Program. RECOMMENDED COUNCIL ACTION: (1) Approve the Public Safety Reimbursement Program and direct Staff to begin administering the program; and (2) Adopt revisions to City Council Policy No. 31 requiring that the City and Los Angeles County Sheriff’s Department, Lomita Station, be granted access to data collected from neighborhood security cameras installed in the public right-of-way. FISCAL IMPACT: $30,000 was approved as part of the Fiscal Year 2021-2022 budget process for a new public safety grant program. Amount Budgeted: $30,000 Additional Appropriation: N/A Account Number(s): 101-400-6120-5101 (General Fund – Special Programs – Professional/Technical Services) ORIGINATED BY: McKenzie Bright, Administrative Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft Public Safety Reimbursement Program guidelines and application (page A-1) B. City Council Policy No. 31 (redline) (page B-1) C. December 2016 staff report: Ring rebates and first HOA Security Camera Grant Program D. December 15, 2019 staff report: Flock Safety pilot E. September 1, 2020 staff report: HOA Security Camera Grant Program F. January 19, 2021 staff report: Neighborhood Security Camera Grant Program 1 BACKGROUND: To enhance public safety for residents, the City Council has approved a series of grant and reimbursement programs for residents, including the Ring Subsidy Program (see Attachment C) and Homeowners Association (HOA) Security Camera Grant programs (see Attachments C, D, E, and F). Since December 2016, over $146,000 has been appropriated and expended through these programs. Most recently, the City is in the process of concluding the HOA Security Camera Grant Program with Flock Safety, which provided $20,000 in reimbursement funds, as well as covering all permitting fees, for 12 HOAs/neighborhoods, resulting in 20 security cameras placed at neighborhood entrances throughout the City. As part of the City Council’s 2021-2022 Goals and Action Plan to maintain a high level of public safety with public engagement, the City Council approved Goal Item No. 1c: providing $30,000 in grants to residents and neighborhood groups for the acquisition of safety-enhancing tools and technologies. This City Council Goal is intended to provide financial assistance to neighborhoods and individuals to help with some of the costs associated with installing public safety technology that would have a general public benefit. The HOA Security Camera Grant Program was successful in assisting HOAs/neighborhoods acquire and install security cameras, helping to make the City safer by providing an additional investigatory tool for the Sheriff’s Station, but Staff has assessed the following concerns that are now proposed to be addressed in the new Public Safety Reimbursement Program: 1. Residents who did not belong to a formal HOA and whose neighborhoods were not interested in the program were excluded. 2. The selected vendor for the HOA Security Camera Grant Program did not have sufficient experience preparing permits, so participants experienced delays of eight months or greater before cameras were installed. The new Public Safety Reimbursement Program, as proposed, seeks to combine the previous grant programs so that residents and neighborhoods have an avenue to receive support. Additionally, this program removes vendor requirements that were present in previous iterations, recognizing that neighborhoods may have unique features that necessitate different vendor specifications and/or preferences. DISCUSSION: The proposed Public Safety Reimbursement Program has two main components for the $30,000 budget: $20,000 is dedicated to new individuals and neighborhoods who have not previously participated in any of the City’s previous doorbell camera or security camera discount or reimbursement programs. The remaining $10,000 is set aside for previous participants of the HOA Security Camera Grant Program who purchased Flock Safety cameras to provide up to $1,000 reimbursement for the second year of service. 2 Similar to the HOA Security Camera Grant program and Ring subsidy program, the Public Safety Reimbursement Program will provide a one-time subsidy for half the cost of a public safety purchase, up to a specified dollar amount for neighborhoods and individuals. Staff proposes the dollar limit for neighborhoods (defined as representing five or more households) to be half the cost of the purchase, up to $2,000, and the dollar limit for an individual to be half of the cost of the purchase, up to $100. Individuals and neighborhoods would be responsible for conducting their own due diligence in selecting their public safety technology and vendor that will best fit their needs and budget, subject to approval by the City. The public safety item will be the sole responsibility of the neighborhood or the individual – participation in the program does not imply that the purchase would constitute a City project, and any installation would be subject to all applicable permitting and/or approval processes. The City will, however, cover all fees associated with necessary permits. Funds will be allocated based on a random draw of applicants after a three-month application window to allow neighborhoods and individuals adequate time to conduct any research necessary into the best vendors for their selected purchase. Grantees will be notified of their award status: applicants not initially awarded will be placed on a waiting list in the order of their draw, should an awardee ultimately not elect to move forward in making their approved purchase. Reimbursements will be made once proof of payment and installation of the product is received, to the satisfaction of the City. Of the $20,000, a total of $18,000 is set aside for neighborhoods, and $2,000 is set aside for individuals: neighborhoods and individuals will have their own random draw to determine awarded funds. In the application, neighborhoods and individuals can make a request for their preferred public safety purchase and will be required to explain how the purchase will improve safety in their neighborhood. All purchases must be able to provide a general public safety benefit. Examples of acceptable purchases include: • Doorbell/exterior home security cameras • Neighborhood entrance security cameras • Add-on purchase for existing cameras, such as license plate reading software • Additional proposals, as approved by the Program Coordinator that demonstrate sufficient safety enhancement measures. The City has had success in providing subsidies for both individual doorbell cameras and for neighborhood security cameras. The Public Safety Reimbursement Program seeks to combine these two programs and refine the previous HOA Security Camera Grant Program to include options for both individuals and neighborhoods, as well as allow residents to conduct their own due diligence and select a vendor that works best for their intended scope and budget. Since the HOA Security Camera Grants were awarded, nine neighborhoods and seven individuals have expressed an interest in utilizing this program. As proposed, the Public 3 Safety Reimbursement Program would provide subsidies for approximately 18-10 neighborhoods and 20 individuals. Previous HOA Security Camera Grant Participants The previous HOA Security Camera Grant program provided a one-time partial reimbursement for an approved purchase and installation of $1,000 per camera up to $2,000. Staff recognizes that some participants, particularly those without formal HOA participation, may have difficulty continuing to collect the financing needed for the annual cost of their installed cameras. As such, for FY 2021-22, $10,000 of the budget for the new Public Safety Reimbursement Program is set aside for the second year of annual camera fees for participating neighborhoods. This program proposes to provide one additional year of financial support in the form of a reimbursement of $500 per camera, up to $1,000 purchased through the HOA Security Camera Grant Program for the remainder of FY 2021-22. Participants will be notified of this ongoing funding and will receive a reimbursement upon submission of proof of purchase for second year of camera service. Should the Public Safety Reimbursement Program continue to utilize appropriated funds, it is Staff’s intention to continue offering a set-aside for select ongoing funding for annual fees for neighborhood cameras, as the cameras are utilized by the Sheriff’s Department to investigate crimes, providing a general public benefit rather than solely benefitting the neighborhood. The City Council may consider, during the budget workshops for FY 2022 - 23, increasing, decreasing or maintaining funding for annual fees. Camera Data Access Requirements City Council Policy No. 31, pertaining to encroachments in the public right -of-way, includes the policy for placement of neighborhood security cameras in the right -of-way. Upon review of the policy, Staff recognized that the policy does not codify the current practice whereby participants in the grant programs agree to share camera data with the Sheriff’s Department. To bring the policy in line with the current practice, Staff has prepared an amendment to the policy, requiring that the City and Los Angeles County Sheriff’s Department, Lomita Station, be granted access to data collect ed from neighborhood security cameras (See Attachment B). City Council Policy No. 31 outlines a mechanism for neighborhoods to install neighborhood-owned cameras in the public right-of-way, regardless of participation in the City’s grant programs. All cameras to date have been installed as a result of grant programs, but to ensure that the data from any future cameras purchased outside of a grant program are provided to the Sheriff’s Department, Staff recommends adoption of the proposed changes. 4 CONCLUSION: With the intention to assist as many neighborhoods as possible in acquiring public safety- enhancing technology, Staff recommends the City Council approve the Public Safety Reimbursement Program (see Attachment A). Staff also recommends the City Council adopt the recommended changes to City Council Policy No. 31 (see Attachment B). ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Direct Staff to provide reimbursements for the second year of service equivalent to the reimbursement of the first year of service for all HOA Security Camera Grant participants, and distribute the remaining $10,000 for new purchases, providing $9,000 for neighborhoods and $1,000 for individuals. 2. Direct Staff to revise allowable purchases or maximum allowable reimbursements for individuals or neighborhoods. 3. Direct Staff to discontinue public safety grant programs and utilize funding for City- owned public safety projects. 4. Do not adopt the changes to City Council Policy No. 31. 5. Take other action, as deemed appropriate. 5 CITY OF RANCHO PALOS VERDES PUBLIC SAFETY REIMBURSEMENT PROGRAM BACKGROUND The City of Rancho Palos Verdes seeks to provide residents with opportunities to further enhance community safety by strengthening neighborhood vigilance and security. Continuing efforts to improve public safety by implementing the City Council’s Goals, th e City is introducing the Public Safety Reimbursement Program (Program) to allow neighborhoods and individuals to purchase public safety equipment such as security cameras. Security cameras are effective tools in crime -solving efforts. Neighborhoods and individuals may also propose additional public safety technology that has sufficient potential for public benefit, subject to approval by the Program Coordinator. PROGRAM DETAILS The City will provide a one-time reimbursement for half of the cost of a new public safety purchase, up to $2,000 for neighborhoods, and up to $100 for individuals. The City will additionally waive permit fees directly related to the installation of the approved purchase. The neighborhood, individual, or vendor will be responsible for completing any necessary permits prior to installation. Project Examples Projects must be purchased after the award of grant funds, as approved by the City such that the project will provide a general public safety benefit. Eligible projects include: • Doorbell/exterior home security cameras • Neighborhood entrance security cameras • Add-on purchase for existing cameras, such as license plate-reading software • Additional proposals, as approved by the Program Coordinator that demonstrate sufficient safety enhancement measures. Eligible Applicants Neighborhoods representing five or more households are eligible to apply. If the neighborhood has a homeowners association (HOA), portions of the HOA may not apply separately from the HOA. Projects must be located within the City of Rancho Palos Verdes. A-1 Individuals whose neighborhood is not interested in participating are eligible to apply for exterior residence security cameras, such as doorbell cameras , and must be a resident of the City. Neighborhoods that have participated in previous City security camera grant programs may not re-apply for another neighborhood camera. Individuals that purchased a doorbell camera through the City’s doorbell camera subsidy program held between 2017 and 202 0 may not apply for another individual camera. Contact Program Coordinator McKenzie Bright at mbright@rpvca.gov or 310-544-5305 to request verification of eligibility. Application Process Due to the limited amount of funding available, awards will be granted by random draw after a three-month application period. Applicants not selected in an initial draw will be placed on a waiting list in the order of their draw. Neighborhood and individual applications are drawn separately, as there are individual budget amounts allocated for each project type. Neighborhoods must submit an attestation of community consensus, an example of which is included in the application materials. All neighborhoods, whether they are formally represented or not, must submit the attestation, with the signatures of at least 40% of the homeowners in the neighborhood. Disbursement of Funds The Program Coordinator will provide written approval of the proposed project with notification of award status, after which awarded neighborhoods or individuals may purchase their approved equipment. Reimbursements in the notified amount will be made once the City is in receipt of documentation illustrating proof of purchase and proof of installation, to the satisfaction of the Program Coordinator. DISTINCTION OF RESPONSIBILITIES The neighborhood or individual is the primary signatory of the security camera(s), or other purchase as approved, and holds sole responsibility of the purcha se and any related maintenance. Any recordings or data provided through the camera service belongs to the neighborhood or individual. The City will provide one -time reimbursement to the neighborhood of 50% of the purchase, up to $2,000 and one -time reimbursement to an individual of 50% of the purchase, up to $100. The neighborhood/individual and their selected vendor are responsible for preparing and submitting all necessary permits related to installation of the purchase, including as appropriate, but not limited to: Encroachment Permit for any installations in the public A-2 right-of-way, Coastal Permit for any installations in the Coastal Zone (area seaward from Palos Verdes Drive South), and Minor Site Plan Review for installations on private property. Participation in the program shall waive permit fees associated with necessary permits, but in no way exempts a project from the permitting process. As part of the program, the neighborhood or individual will provide their acknowledgement that security camera footage can be a valuable crime-solving tool and agrees to provide footage to the Lomita Sheriff’s Station in connection to a reported or suspected crime. QUESTIONS? For additional information, please contact the Program Coordinator, McKenzie Bright, at mbright@rpvca.gov or 310-544-5305. A-3 CITY OF RANCHO PALOS VERDES PUBLIC SAFETY REIMBURSEMENT PROGRAM INDIVIDUAL APPLICATION APPLICANT INFORMATION Name: Email: Phone: PROJECT DESCRIPTION Project Location: Description of planned purchase: Description of how purchase will improve public safety: Vendor name: Product name and description: Link to product: Total Cost: Requested Reimbursement: TERMS AND CONDITIONS I, _________________________, agree to adhere to the City of Rancho Palos Verdes’ Public Safety Reimbursement Program (Program) terms, a copy of which are provided herein, and reviewed by me, including each of the conditions of all City - issued permits issued in connection therewith. A-4 I am the primary signature of the proposed purchase/service and I am responsible for all equipment, service, installation, maintenance, and repair costs. Participation in the Program does not grant any exemptions from otherwise required permitting processes. I am responsible for insurance and indemnification of work. Compliance with the Program terms requires that the Los Angeles County Sheriff’s Department, by way of the Lomita Sheriff’s Station, be provided with access, review, and download of footage from the camera system for crime -prevention and investigation purposes. The City of Rancho Palos Verdes, its City Manager or their Designee, will be provided with access, review, and download of footage for crime- prevention and investigation purposes. I agree that the footage captured by the security camera system shall be utilized exclusively for crime-prevention or investigation purposes and shall not be utilized to capture interior images of homes or invade personal privacy. I agree that the funds received from this program will only be used as a reimbursement for the approved purchase. Once awarded, I shall not apply again for an individual reimbursement of a public safety purchase. The following will be submitted as part of the application to the City of Rancho Palos Verdes. Proof of Purchase and Completion will be required prior to disbursement of funds: • Project Application • Proof of Purchase • Proof of Project Completion (e.g. photo) • Permits/approvals (as required) In no event will the City of Rancho Palos Verdes be liable for any loss of data, property loss, damage, bodily injury, cost of recovery, or other special, incidental, consequential, indirect, punitive, exemplary or reliance damages arising from or in relation to this Agreement, however caused and regardless of theory of liability. Print Name: ____________________________________ Signature: _____________________________________ Date: ______________ A-5 CITY OF RANCHO PALOS VERDES PUBLIC SAFETY REIMBURSEMENT PROGRAM NEIGHBORHOOD APPLICATION APPLICANT INFORMATION Neighborhood Name: Designated Representative Name: Email: Phone: Secondary Representative Name: Email: Phone: APPLICANT LOCATION INFORMATION Neighborhood Boundaries (provide labeled map): Number of households in neighborhood: PROJECT DESCRIPTION Project Location: A-6 Description of planned purchase: Description of how purchase will improve public safety: Vendor name: Product name and description: Link to product: Description of how product will be installed: Total Cost: Requested Reimbursement: TERMS AND CONDITIONS I, _________________________, on behalf of _______________________________ (Neighborhood) agree to adhere to the City of Rancho Palos Verdes’ Public Safety Reimbursement Program (Program) terms, a copy of which are provided herein, and reviewed by me, including each of the conditions of all City-issued permits issued in connection therewith. A-7 As an authorized representative, I acknowledge and agree to the following Program conditions on behalf of the Neighborhood as follows. The Neighborhood is the primary signature of the proposed purchase/service and the neighborhood is responsible for all equipment, service, installation, maintenance, and repair costs. Participation in the Program does not grant any exemptions from otherwise required permitting processes. Neighborhood is responsible for insurance and indemnification of work. Compliance with the Program terms requires that the Los Angeles County Sheriff’s Department, by way of the Lomita Sheriff’s Station, be provided with access, review, and download of footage from the camera system for crime -prevention and investigation purposes. The City of Rancho Palos Verdes, its City Manager or their Designee, will be provided with access, review, and download of footage for crime- prevention and investigation purposes. The Neighborhood agrees that the footage captured by the security camera system shall be utilized exclusively for crime-prevention or investigation purposes and shall not be utilized to capture interior images of homes or invade personal privacy. The Neighborhood agrees that the funds received from this program will only be used as a reimbursement for the approved purchase. Once awarded, the Neighborhood shall not apply again for a neighborhood reimbursement of a public safety purchase. The following will be submitted as part of the application to the City of Rancho Palos Verdes. Proof of Purchase and Completion will be required prior to disbursement of funds: • Project Application, including Attestation of Community Consensus (on next page) • Proof of Purchase • Proof of Project Completion (e.g., photo) • Permits/approvals (as required) In no event will the City of Rancho Palos Verdes be liable for any loss of data, property loss, damage, bodily injury, cost of recovery, or other special, incidental, consequential, indirect, punitive, exemplary or reliance damages arising from or in relation to this Agreement, however caused and regardless of theory of liability . Designated Representative Name: ____________________________________ Signature: _____________________________________ Date: ______________ A-8 ATTESTATION OF COMMUNITY CONSENSUS To demonstrate community consensus, neighbors may write or sign their name. If the project is within 50 feet of private property, the property owner (Adjacent Property Owner) should be notified of the proposed project. The neighborhood should use its discretion in the numbers of signatures it should collect to demonstrate consensus and support for the project. At a minimum, Applicant should receive signatures from 40% of homeowners within the neighborhood. The neighborhood should also consider obtaining signatures from adjacent neighborhoods that may benefit from the project. Utilize additional pages as needed. We, the undersigned, support the proposed public safety project. If the undersigned is a member of the neighborhood (“Financial Contributor”), undersigned additionally agrees to be responsible for all equipment, service, and installation costs associated with the proposed project and agrees to all terms outlined by the City’s Public Safety Reimbursement Program, as signed by the Designated Representative. Resident Name Date Financial Contributor Y/N Initials Address/Email/Phone Adjacent Property Owner A: E: P: Adjacent Property Owner A: E: P: Adjacent Property Owner A: E: P: Adjacent Property Owner A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A-9 We, the undersigned, support the proposed public safety project. If the undersigned is a member of the neighborhood (“Financial Contributor”), undersigned additionally agrees to be responsible for all equipment, service, and installation costs associated with the proposed project and agrees to all terms outlined by the City’s Public Safety Reimbursement Pro gram, as signed by the Designated Representative. Resident Name Date Financial Contributor Y/N Initials A: Address E: Email P: Phone A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A-10 We, the undersigned, support the proposed public safety project. If the undersigned is a member of the neighborhood (“Financial Contributor”), undersigned additionally agrees to be responsible for all equipment, service, and installation costs associated with the proposed project and agrees to all terms outlined by the City’s Public Safety Reimbursement Program, as signed by the Designated Representative. Resident Name Date Financial Contributor Y/N Initials A: Address E: Email P: Phone A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A: E: P: A-11 CITY COUNCIL POLICY NUMBER: 31 DATE ADOPTED/AMENDED: 04/16/96 (Amended 01/21/97, 04/18/00, 12/20/16, 04/04/17, and 04/20/21, and 02/15/22) 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, April 20, 2021, and February 15, 2022. 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. Amendments were made on April 20, 2021 to allow security cameras and poles owned by Homeowner Associations for public safety purposes be installed within the required setbacks on private property where it is not feasible in the public right-of-way without being subject to the height limit of 42”. Additionally, language was added clarifying that public safety cameras owned by neighborhoods without a formal Homeowner Association may also be covered by this policy. Amendments were made on February 15, 2022 to clarify that the City and Sheriff’s Department shall be given access to data captured by security cameras installed through this policy. B-1 Attachment: April 16, 1996 Policy Statement for Encroachments into the Public Right-of-Way (Revised January 21, 1997, April 18, 2000, December 20, 2016, April 4, 2017, and April 20, 2021, and February 15, 2022) B-2 Page 3 of 12 01203.0005/352406.1 POLICY STATEMENT FOR IN THE PUBLIC RIGHT-OF-WAY ADOPTED APRIL 16, 1996 AND REVISED ON APRIL 4, 2017FEBRUARY 15, 20221. 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. B-3 Page 4 of 12 01203.0005/352406.1 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. B-4 Page 5 of 12 01203.0005/352406.1 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 B-5 Page 6 of 12 01203.0005/352406.1 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 B-6 Page 7 of 12 01203.0005/352406.1 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. B-7 Page 8 of 12 01203.0005/352406.1 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. B-8 Page 9 of 12 01203.0005/352406.1 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. B-9 Page 10 of 12 01203.0005/352406.1 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 B-10 Page 11 of 12 01203.0005/352406.1 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 or neighborhood 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. b)c) Documentation attesting the City and Los Angeles County Sheriff’s Department, Lomita Station shall be granted access to the data collected from the camera(s). c)d) 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 B-11 Page 12 of 12 01203.0005/352406.1 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 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 B-12 Page 13 of 12 01203.0005/352406.1 obtain an Encroachment Permit from the Department of Public Works and, if applicable, any permit from Building and Safety. 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. 6) If it is determined that no suitable location in the public right-of-way will allow for proper operation of the security cameras, security cameras owned by homeowners’ associations or neighborhood groups shall be permitted to locate the security camera within the required setbacks on private property without being subject to the base size and height requirements outlined in Section 17.48.030(5)(C) of the Municipal Code. a. Prior to issuance of approval, the applicant shall comply with all City recommendations and requirements. b. The applicant for the proposed structure shall obtain approval from the Public Works and Community Development Departments and, if applicable, any permit from Building and Safety. c. The structure shall be constructed and installed in accordance with the approved plans, and the applicant shall comply with all conditions and requirements that may be imposed. B-13