Long Beach Municipal Code Ch. 14.48 Encroachments into the Public Right-of-Way

The provisions of this Chapter shall govern the encroachment of structures or a portion of a building into the public right-of-way. This Chapter establishes parameters for such encroachments not only at grade but also above and below grade.

(ORD-19-0032 § 14, 2019)

For the purpose of this Chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this Section are defined as follows:

"Applicant" means any person who applies for a permit under this Chapter.

"City" means the City of Long Beach, California, acting by and through the City Council.

"Contractor" means a person who, for a fixed sum, price, fee percentage or compensation other than wages, undertakes or offers to undertake or purports to have the capacity to construct, alter, repair, add to, improve or install surface improvements to streets or any part thereof, or makes or commences to make any excavation in or under the surface of any right-of-way for the installation, repair, or removal of any pipe, conduit, duct or tunnel or any other construction purpose in the right-of-way.

"Development" means the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance; or any use or extension of the use of land. This definition includes, but is not limited to subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code); any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of the land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511 of the California Public Resources Code).

"Improvements" means the repair, modification, alteration, removal, or addition of facilities including, but not limited to, grading, paving, curbs, gutters, sidewalks, driveways, landscaping, street lighting, traffic signals, stairs, fences, walls, and any other work in the right-of-way.

"Installation and Maintenance Agreement" or "IMA" means the document required to formalize a binding agreement between an applicant and the City when work is being completed within the right-of-way that is not in compliance with or is outside of the City standards. The applicant is required to install and maintain the improvement for the duration of the agreement. This includes improvements such as artwork, decorative paving, or other objects. An improvement permit may not be issued until the IMA is executed.

"Permit" means the document issued to an applicant by the City under this Chapter and includes any amendment or supplement to any such permit.

"Permittee" means any person to whom a permit has been granted and issued under the terms of this Chapter.

"Person" means an individual, a receiver, a trustee, a co-partnership, a joint venture, a firm, an unincorporated association, a syndicate, a club, a society, a trust, a private corporation, a limited liability company, a public corporation, a municipal corporation, a County, a State, a national government, a municipal, County, State or federal agency, board or commission, a water district, a utility district, a political subdivision, a school district, a drainage, irrigation, levee, replenishment, reclamation or conservation district, and a flood control district, whether acting for himself/herself/itself or in any representative capacity.

"Right-of-way" means any easement or land owned by the City and used or designated for use as a street, parkway, alley, utility corridor, walkway, promenade, or bike path, and the surfaces thereof, and the airspace above such surfaces and the subsurface area below such surfaces and includes any right-of-way to be dedicated in the future.

"Structure" means any of the following, including but not limited to, building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, electrical power transmission, and distribution line.

(ORD-19-0032 § 14, 2019)

A portion of a building or structure erected below grade that is necessary for structural support of the building or structure shall not project beyond the lot line, except that the footings, shoring devices, or other similar supports as determined by the City shall not project more than twelve (12) inches beyond the lot line. Encroachments below grade may be subject to fees as outlined in Chapter 14.08.

(ORD-19-0032 § 14, 2019)

A. Encroachments into the public right-of-way above grade and below eight feet (8') in height are prohibited. This includes, but is not limited to, any doors, windows, gates and other moveable objects that can open, project or encroach into the public right-of-way. All existing encroachments into a street or alley must be remedied as part of a new development.

EXCEPTIONS: The following existing openings, projections or encroachments into a public right-of-way that cannot feasibly be modified as part of a new development may be permitted provided a warning device or other similar protection measure approved by the City is installed to minimize impact to the public. All improvements within the public right-of-way shall comply with City standards.

1. Existing fenestrations.

2. Existing steps, ramps, or architectural features that are in a sidewalk.

B. Encroachments into the public right-of-way above eight feet (8') in height above a sidewalk are allowed for awnings, canopies, signs, architectural features, balconies, and windows. These improvements can encroach over the property line one (1) inch for each additional one inch (1") of clearance above eight feet (8'). The maximum encroachment shall be four feet (4') at a minimum clearance height of twelve feet (12').

C. Encroachments into the public right-of-way above seventeen feet (17' )in height above a sidewalk or alley are allowed for pedestrian walkways and bridges. The maximum encroachment shall be four feet (4') unless they span the entire length of the public right-of-way to connect adjacent private parcels.

D. Encroachments into the public right-of-way above seventeen feet (17') in height are allowed for lighting and other uses approved by the City.

(ORD-19-0032 § 14, 2019)

All encroachments into the public right-of-way shall applying for and obtaining a permit from the City. The person requesting the permit shall submit all required items and pay all applicable permit fees. This include plan drawings clearly identifying the encroachment and applicable dimensions with reference to the property line and public infrastructure within abutting public right-of-way.

(ORD-19-0032 § 14, 2019)