Los Gatos approves formal license agreement policy to manage private encroachments on public property

The Los Gatos Town Council adopted a formal license agreement policy that sets uniform standards for permitting, inspection, enforcement and potential revocation of private encroachments on town‑owned property and in public rights‑of‑way. Town Engineer Gary Heap said the policy fills a “gap” in how ad‑hoc encroachments have been handled and provides clearer approval authority and standards for staff and property owners.

Under the new policy the town manager will have authority to approve minor, residential‑scale encroachments — such as residential fences, small retaining walls and mailboxes — provided they do not create safety, access or drainage hazards. Larger, commercial, or precedent‑setting encroachments (for example permanent structural planters that occupy significant right‑of‑way) will be considered by council. The policy also creates a process for staff review of legacy unpermitted encroachments and allows retroactive license applications where appropriate, while making clear retroactive approval is the exception and not intended to legitimize unauthorized construction.

Council members emphasized the policy creates consistency and procedural clarity. Vice Mayor Risto and others said a periodic review requirement (the policy contemplates a periodic review of license agreements) strikes a balance between individual property interests and public needs such as sidewalks, emergency access and future street projects. The council approved the policy unanimously and directed staff to implement consistent procedures for evaluating requests, including criteria addressing safety, ADA compliance, drainage, utilities and potential impacts on future town projects.

Council said the policy is intended to avoid ad‑hoc one‑off outcomes and to ensure town resources and neighbors are treated fairly when encroachments are proposed or discovered. Staff will return with implementation details and any instances where a legacy encroachment review indicates removal or a required retroactive application.