ENCROACHMENT AGREEMENT POLICY
City of Signal Hill
Public Works Department
February 8, 2022
Purpose
It is the general policy of the City of Signal Hill that public right-of-way is generally preserved for shared public use, transportation, utility purposes, and open space. Public and privately owned utilities are permitted in the public right-of-way via franchises, right-of-way use agreements, and via state public utility law. Temporary street closures and encroachments in the right-of-way such as the removal and replacement of new driveways, sidewalks, water and sewer services, and curbs and gutter are permitted through the encroachment permit process. Exclusive private use of the public right-of-way is not typically allowed.
The City encourages private investment in public infrastructure which enhances the community and does not diminish the City’s primary rights to use the right-of-way for its intended purpose as stated above. Therefore, limited permanent private encroachments are defined and permitted under this policy.
Definitions
Public Right-of-Way – The public right-of-way is defined as the portion of property that has been dedicated to the City for shared public use for transportation, utilities, and open space in fee or easement through the Subdivision Map Act of the State of California.
Encroachment Improvements – For the purposes of this policy, encroachments are defined as any private improvement within the public right-of-way frontage on the surface or below grade.
Frontage – The public right-of-way immediately adjacent to private property.
Parkway – The parkway is defined as the space between the face of curb and the private property line within the public right-of-way. This space may include a public sidewalk.
Public Sidewalk – The public sidewalk is defined as the hard surface area designed for pedestrian traffic which meets the Federal/State ADA standards at the time of construction.
Decorative Sidewalk Improvements – Hard surface materials that meet ADA standards for pedestrian use such as pavers, brick, stone, etc. Loose gravel or unstabilized decomposed granite are prohibited.
Decorative Improvements – Non sidewalk improvements that include planters, fences, walls, lighting, art, or street furniture.
Permeable area – Landscaped areas and surface treatments such as pavers and artificial turf with a minimum percolation as approved by the City.
Private Encroachments Permitted with an Agreement
The following improvements may be permitted by agreement in the public right-of-way adjacent to the applicant’s private property (frontage):
Driveways, carriage walks, and sidewalks with non-permeable surfacing such as bricks, pavers, stone, textured or colored concrete not exceeding 25% of the parkway area.
Walls, fences and wall/fence combinations less than 42” high.
Low voltage landscape lighting.
Mailboxes when required and approved by the U.S. Postal Service.
Structural footings less than 12 inches encroaching into the public right of way.
Permeable pavers or permeable artificial turf.
Planters or potted plants (planter and plants not to exceed 42” from curb grade at maturity).
Private Encroachments on Public Sidewalks
Sidewalks are reserved for public use and shall not be diminished by the installation of private improvements. Private improvements encroaching in sidewalk areas shall be subject to the following:
Permitted encroachments shall not reduce pedestrian access in accordance with the most recent ADA standards. Minimum 4’ clearance.
Permitted encroachments may be permitted in tree wells providing they do not interfere with pedestrian travel or parked vehicle access.
Permitted encroachments shall be located no closer than 18” to the curb face. In areas where there is no adjacent curb parking, this distance may be reduced but any permitted encroachments are not allowed to hang over the curb.
Permitted encroachments shall be located no closer than 36” from a streetlight or utility pole.
Permitted encroachments shall be located no closer than 10’ from a fire hydrant, driveway, crosswalk, or ADA ramp.
Permitted encroachments shall not block access to parked vehicles.
Private Encroachments Not Requiring an Agreement
Landscaping including approved City street trees, groundcover, turf, drought tolerant plantings less than 36” high at maturity and do not prevent ingress/egress to parked vehicles.
Parkway irrigation systems.
Existing encroachments which were installed prior to February 7, 2022, which do not pose a hazard to public safety and meet all requirements under this program and policy and all applicable building, planning, and public works codes and regulations.
Private Encroachments Prohibited
The following encroachments are prohibited by this policy and, therefore, cannot be approved by the Public Works Department:
Patios and decks.
Private signs.
Landscape plants higher than 36” at maturity or that prevent ingress/egress to parked vehicles.
Structural improvements which encroach in excess of 12” into the public right-of-way.
Walls, fences and wall/fence combinations greater than 42” high from curb grade.
Planter/pot and plants exceeding a combined height of 42” from curb grade at maturity.
Lighting other than low voltage lighting.
Commercial uses such as private mail/package drop boxes.
Public art.
Street furniture – benches, tables, bike racks (benches for transportation service purposes have a separate permitting process, see SHMC Section 12.12).
Fountains.
Any installation deemed unsafe by the Public Works Director.
Encroachment Agreement Process
An executed encroachment agreement, in the form attached, is required to approve private improvements in the public right-of-way immediately adjacent to private property as defined in this policy. An encroachment permit is also required to install the approved improvements.
Before the submittal of any application, the applicant is encouraged to consult with Public Works Department staff to ask questions and discuss their proposed improvements for a preliminary determination of the viability of their proposal. The Public Works Director may defer consideration of any application to City Council for their review and approval or denial.
Applicants shall submit a scaled and fully dimensioned site plan of the proposed improvements depicting the location of the existing street improvements, property lines, existing and proposed grades, existing underground utilities, and proposed improvements with details and elevations as required.
At the time of submittal, the applicant must provide a deposit to the City in the amount shown on the latest City fee schedule to cover the cost of issuance. City staff and contracted consultants will bill their time to process the agreement against this deposit. Any balance available at the completion of the process will be refunded to the applicant.
Upon approval of the agreement by the Public Works Director, the executed agreement shall be recorded by the applicant with the County Recorder. Proof of the recordation shall be submitted to the City before the issuance of an encroachment permit for the construction of the improvements.
If the application is denied by the Public Works Department, the applicant may appeal the staff denial and be considered by the City Council for review and approval. Upon written appeal within 10 days of the Public Works Director’s denial and payment of fees as established in the City’s fee resolution, the City Council may sustain, modify, or overrule the decision of the Public Works Department. The decision by the City Council is final.
The applicant and/or their licensed contractor shall apply and pay fees for an encroachment permit. Upon issuance of an encroachment permit, the applicant and/or their contractor may construct the improvements.
The agreement holder (applicant) must maintain the approved encroachment improvements for the duration of the agreement.
If the City needs to exercise its primary rights to access the right-of-way, the City will remove the encroachment improvements as required. The cost to restore the improvements will be the responsibility of the agreement holder.
If the City desires to terminate the agreement to exercise its primary rights, the City will remove the encroachment improvements and it will be the agreement holder’s responsibility to restore or modify any adjacent private improvements.
If the agreement holder desires to terminate the agreement, the agreement holder is responsible to remove the encroachment improvements and restore the public right-of-way to its original condition.
Restoration due to the above-mentioned conditions requires the agreement holder and/or their licensed contractor to apply and pay fees for an encroachment permit. Upon the issuance of an encroachment permit, the applicant and/or their contractor may remove and restore the public right-of-way to its original conditions.
Exhibit A