REPORT TO COUNCIL
SUBJECT
Title
Action to Waive First Reading and Introduce an Ordinance Adding Chapter 12.65 Entitled “Encroachments of Private Improvements into Public Rights-of-Way” to the City Code to Establish Procedures for the Administrative Approval of Private Encroachments within the Public Right-of-Way
Report
BACKGROUND
Resolution No. 3899 (Attachment 1), adopted in 1977 and entitled “Policy Regarding the Installation of Private Improvements within Public Rights of Way for Street Purposes” establishes requirements for City Council authorization of certain private encroachments, such as walls and fences, within the public right-of-way. These encroachments have previously included minor private improvements such as decorative fencing, enhanced landscape features, private mailboxes, low retaining walls, pavers, and similar items that may extend into the public right-of-way, but do not interfere with pedestrian usage of the right-of-way.
Under the current practice, requests for private encroachments in the public right-of-way require an application, review of proposed encroachments, discussion with the property owner, preparation of a Report to Council, and scheduling for consideration at a City Council Meeting. While this process allows City Council input regarding the public right-of-way, it can result in extended overall processing timelines and additional staff time for relatively minor and straightforward encroachments.
The proposed ordinance will help to streamline the review and approval process for specifically defined private encroachments in the public right-of-way. This will be accomplished by allowing for administrative approval of such encroachments to reduce the overall timeline for approval and reduce the staff resources utilized for this effort. Administrative approval of minor encroachments in the public right-of-way aligns with the common practices used by other local public agencies such as Palo Alto, Sunnyvale, and Redwood City.
DISCUSSION
Staff continue to support the limited use of, or encroachment into, the public right-of-way for private purposes by property owners where, in the City’s determination, such use or encroachment does not interfere with the public’s use and enjoyment of said rights-of-way. The attached ordinance is being proposed to (1) repeal Resolution No. 3899 in its entirety and (2) add Chapter 12.65 Encroachments of Private Improvements into Public Rights-of-Way to the City Code (Attachment 2) which will help streamline the process to obtain private encroachments in the public right-of-way as well as codify staff’s proposal for administrative approval of such encroachments.
Chapter 12.65, as proposed, would authorize the City Engineer in the Department of Public Works to administratively review and approve eligible private encroachments in the public right-of-way, such as fencing, low retaining walls, and planter boxes. Administrative approval may be granted upon determining that the encroachment is compatible with its surroundings and does not adversely affect public safety or intended public uses in the public right-of-way. In the event the encroachment request is denied, the property owner may submit an appeal to the City Manager.
If the encroachment is approved by the City Engineer, the encroaching property owner would be required to execute an encroachment agreement with the following general terms: (1) require the property owner to provide for the long-term maintenance of their encroachment and (2) remove the encroachment and restore the area at their sole cost if the City determines at a later date that the encroachment should be removed. Additionally, the agreement includes appropriate insurance and indemnification provisions to protect the City. The encroachment agreement shall be in a form approved by the City Attorney and will be executed by the City Manager.
It is important to note that under the proposed ordinance, frontage landscape improvements, including hardscape and irrigation improvements, and private mailboxes on a simple post installation that are USPS-compliant are exempt and would not require execution of an encroachment agreement, however these improvements may require an encroachment permit. Additionally, any private improvement installed (including exempted items) within the public right-of-way will remain the responsibility of the adjacent property owner. If the City must access the area to repair the sidewalk, curb and gutter, utilities, perform maintenance, or construct capital improvements, the City will not be responsible for repair or replacement of the private improvement located within the public right-of-way.
Adoption of the proposed ordinance would replace an outdated policy resolution with a modern codified regulatory framework that allows for timely administrative review of minor private encroachment requests while preserving City oversight of the public right-of-way. This approach is intended to improve service delivery, reduce overall City processing timelines, and ensure that minor private encroachments are reviewed in a consistent and transparent manner.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(2) as a general policy making activity.
FISCAL IMPACT
There is no additional cost to the City other than staff time and expense.
COORDINATION
This report has been coordinated with the City Attorney’s Office, Community Development Department and City Manager’s Office.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov or at the public information desk at any City of Santa Clara public library.
ALTERNATIVES
1. Waive First Reading and Introduce an Ordinance Adding new Chapter 12.65 entitled “Encroachments of Private Improvements into Public Rights-of-Way” to Title 12 (entitled “Streets, Sidewalks and Public Places”) of “The Code of the City of Santa Clara, California” (“SCCC”).
2. Do not waive the First Reading and Introduce an Ordinance Adding new Chapter 12.65 entitled “Encroachments of Private Improvements into Public Rights-of-Way” to Title 12 (entitled “Streets, Sidewalks and Public Places”) of “The Code of the City of Santa Clara, California” (“SCCC”) and provide direction to staff on next steps
3. Provide additional and/or alternative direction to staff.
RECOMMENDATION
Recommendation
Alternative 1:
Waive First Reading and Introduce an Ordinance Adding new Chapter 12.65 entitled “Encroachments of Private Improvements into Public Rights-of-Way” to Title 12 (entitled “Streets, Sidewalks and Public Places”) of “The Code of the City of Santa Clara, California” (“SCCC”).
Staff
Reviewed by: Craig Mobeck, Director of Public Works
Approved by: Jovan Grogan, City Manager
ATTACHMENTS
1. Resolution No. 3899
2. Ordinance