CITY OF SIGNAL HILL
STAFF REPORT
2175 Cherry Avenue • Signal
Hill, California 90755-3799
2/8/2022
AGENDA ITEM
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
SCOTT CHARNEY
DEPUTY CITY MANAGER
THOMAS BEKELE
PUBLIC WORKS CONTRACTS MANAGER
SUBJECT:
RESOLUTION ADOPTING AN ENCROACHMENT AGREEMENT PROGRAM AND POLICY
Summary:
The Public Works Department is proposing an Encroachment Agreement Program and Policy to enable property owners to place typical and routine improvements such as fencing, planters, mailboxes, and decorative improvements (pavers, brick, stone, etc.) within the public parkway adjacent to their property while indemnifying the City and protecting the City’s primary rights to utilize the right-of-way when needed.
Recommendations:
1. Adopt a resolution, entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SIGNAL HILL, CALIFORNIA,
APPROVING AN ENCROACHMENT AGREEMENT PROGRAM AND POLICY
2. Authorize the Public Works Director to approve and execute Encroachment Agreements for minor improvements that are typical and routine.
Fiscal Impact:
Costs associated with implementation of the proposed Encroachment Agreement Program will be paid for by project applicants, similar to the developer deposit model. Upon submission of an application or project, a deposit will be collected from the applicant. Staff time, consultant time (as required), and overhead costs will be charged to the deposit with any balance remaining refunded to CITY OF SIGNAL HILL Page 1 of 4 Printed on 2/3/2022
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the applicant.
Strategic Plan Objective:
Goal No. 4: Maintain and improve the public infrastructure.
Background:
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, or state public utility laws. 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 existing encroachment permit process. Exclusive private use or permanent private encroachments are not typically allowed within the public right-of-way.
Without consulting an official map, the boundary line of the public right-of-way is not always readily apparent to a property owner. In many instances, the street right-of-way line may not coincide with the back of sidewalk and may be several feet into the area a property owner perceives as their front yard. The distinction is even more difficult to make in areas where no public sidewalk exists.
Over the years, small private improvements such as fences, planters, walls, and decorative improvements including pavers, stone, and lighting have been installed by property owners within the public right-of-way without City permission. Many property owners come to the City to improve their property and find that their proposed improvements are within the public right-of-way and cannot be permitted. This is especially frustrating because other properties on their street often have those same improvements that are not permitted.
Analysis:
Many municipalities have an encroachment agreement program that allows certain improvements within the public right-of-way while indemnifying the City and protecting the City’s primary rights to utilize the right-of-way when needed. Allowing certain improvements within the public right-of-way adjacent to private property encourages private investment in neighborhoods and the community.
To provide a mechanism to allow for certain improvements, staff collaborated with the City Attorney’s office to create an Encroachment Agreement Policy (Attachment A) and associated agreement (Attachment B). Agreements would be executed by the property owner(s) and the Public Works Director and recorded by the Los Angeles County Recorder’s Office.
The proposed terms of the agreement are generally as follows:
· The City will permit the adjacent property owner to construct and maintain specified improvements within a portion of the right-of-way adjacent to their property. · The City will retain improvement plans and specifications on file at City Hall. Approved plans and specifications cannot be expanded or altered without permission from the City.
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· The City maintains the right to terminate the agreement upon proper notice to the property owner and remove any approved improvement. If the City desires to build a sidewalk, widen the street, install a public utility, or construct any other public project requiring the right-of-way space, the cost to remove any existing improvement will be the responsibility of the City. · The property owner will be responsible for maintaining the improvement. · If the property owner violates the terms of the agreement (i.e., does not maintain the improvement, creates a safety issue, etc.), the City can remove the improvement, restore the right-of-way to its original condition, and seek reimbursement of all costs from the property owner.
· The property owner must defend, indemnify, and hold harmless the City, its City Council, boards and commissions, officers and employees from and against any and all loss, damage, liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys' fees. · The Encroachment Agreement will be recorded with the Los Angeles County Recorder and will run with the land and be binding to future owners of the property.
The proposed policy would allow the installation of typical and routine improvements generally in conformance to those allowed improvements within a front yard setback with respect to height, safety, visual appearance, and aesthetics as follows:
· Walls, fences and wall/fence combinations less than 42” high. · Parkway surfacing (non-permeable) such as pavers, stone, textured or colored concrete, and other materials which do not exceed more than 25% of the parkway area (area between the curb and street right-of-way line).
· Low voltage landscape lighting.
· Mailboxes when required and approved by the U.S. Postal Service. · Structural footings encroaching less than 12 inches into the public right-of-way. · Permeable pavers or permeable artificial turf.
· Planters or potted plants (plants not to exceed 42” from curb grade at maturity).
Adjacent property owners will continue to be allowed to install and maintain the following under a regular Encroachment Permit, without the need for an Encroachment Agreement under this proposed policy:
· 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.
The proposed policy would prohibit the approval of the following improvements:
· Any improvement that impairs the safety sight distance of driveways and walkways. · Any sidewalk encroachment that violates ADA regulations.
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· Any improvement that creates exclusive use of the right-of-way such as patios and decks. · Any lighting other than low voltage lighting.
· Any improvement that impairs the safe ingress/egress of passengers from vehicles parked along the curb.
· Any improvement that would not be consistent with the City’s criteria for improvements within the front yard setback such as over height fences, walls, or planters. · Public art.
· Street furniture - benches, tables, bike racks (benches for transportation service purposes have a separate permitting process, see Signal Hill Municipal Code Chapter 12.12). · Any commercial uses such as private mail/package drop boxes. · Any improvement deemed unsafe by the Public Works Director.
Any proposed improvement not listed in this policy or improvements not allowed by this policy may be referred to the City Council for review and approval. An Encroachment Agreement shall not waive or negate any City building or planning requirements.
Reviewed:
_________________________
Sharon del Rosario
Approved:
_________________________
Hannah Shin-Heydorn
Attachments
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