City Council and Authorities Concurrent
May 5, 2026

1 City CouncilItem No. 8, RTC 26-70Action 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 WayMay 5, 2026 Background•Resolution 3899 (1977) requires City Council approval for certain private encroachments in the public right-of-way:–Walls, Fences, Landscape Pavers, Planters, Benches, etc.•Encroachments should not interfere with pedestrian use of public right-of-way•Encroachment Agreement required for property owner maintenance, insurance/indemnification, and potential future removal2 1 2
2 Example Encroachments3
Retaining WallsSpecial Pavers / BenchesFencing
Current ProcessExtended processing timelines and additional staff time for minor/straightforward encroachments4ApplicationReview of EncroachmentProperty Owner CoordinationStaff Support for EncroachmentStaff Prepares Encroachment AgreementStaff Prepares Council ReportSchedulingCity Council Consideration3 4 3
Streamlining Proposal•Administrative approval of private encroachments in the public right-of-way–City Engineer approval of encroachment–City Manager appeal (if encroachment denied)–City Manager approval of Encroachment Agreement•Minor encroachments approved by staff in cities such as Palo Alto, Sunnyvale, and Redwood City5 Proposed Ordinance•Repeal Resolution 3899•Add Chapter 12.65 Encroachments of Private Improvements into Public Rights-of-Way to the City Code–Authorizes City Engineer to approve encroachments–Authorizes City Manager to approve encroachment agreements–Appeal Process–Exemptions (i.e. typical frontage landscaping, etc)6 5 6
4 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.7 Staff RecommendationAlternative 11.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”).8 7 8
5 City CouncilItem No. 8, RTC 26-70Action 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 WayMay 5, 2026 Back Up Slides10
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6 1545 and 1593 Lexington Street11
1545 and 1593 Lexington Street12
1545 Lexington Street1593 Lexington Street
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