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.
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