CITY COUNCIL STAFF REPORT
March 18, 2025 {{section.number}}d
REVIEW ENCROACHMENT PERMIT APPLICATION NUMBER E2501-017 FOR PRIVATE IMPROVEMENTS AT 1100 ISABELLA AVENUE IN THE PUBLIC RIGHT-OF-WAY AND
CONSIDER APPROVAL OF ENCROACHMENT MAINTENANCE REMOVAL AGREEMENT
COVERING SAID PRIVATE IMPROVEMENTS
RECOMMENDATION:
Approve encroachment permit application E2501-017 and authorize the City Engineer to execute the associated Encroachment Maintenance Removal Agreement for the proposed improvements in the public right-of-way at 1100 Isabella Avenue.
BACKGROUND:
An encroachment permit application proposing a side yard fence within the public right-of-way was submitted to the Engineering Division on January 15, 2025. The owner of 1100 Isabella Avenue would like to place a 4-foot-high wooden fence along the Tolita Avenue frontage of their property. The proposed encroachment is desired so that a mature magnolia tree in the applicant’s landscaped front/side yard is not damaged by pedestrians and pets crossing their property. The applicant also has plans to continue the fence, within their private property, along the front of their property on Isabella.
ANALYSIS:
The subject property is located at 1100 Isabella Avenue at the southwest corner of Isabella Avenue and Tolita Avenue. As shown in the encroachment permit application (Attachment 1), the improvements proposed are 2-feet within the public right-of-way along Tolita Avenue. The improvements include the construction of a 4-foot wooden fence (wooden fence is required since the subject property is a designated historic resource with Mills Act tax benefits) along the Tolita Avenue frontage of the property totaling a distance of approximately 73.6’ feet.
The City Council’s consideration of encroachment applications for fences and other similar structural features within the past eight years has typically focused on two issues: 1) the presence of any similar encroachments in the surrounding area; and 2) the proximity of the improvement to the adjacent sidewalk and the potential hazard it may create for passing bicyclists or pedestrians.
Recent Council actions regarding encroachments have typically considered a two-foot separation between the improvement and the sidewalk as being safe. Examples include the following:
• 2017 – The Council approved the encroachment of a low-rise vinyl fence along the frontage of 715 Ninth Street with the condition that it be relocated to stand two feet (2') from the sidewalk.
• 2017 – The Council approved the encroachment of a low-rise picket fence within the public right-of-way adjacent to 1039 Olive Avenue at a two-foot six-inch (2'-6") clearance from the sidewalk.
• 2023 - The Council approved the encroachment of a low-rise vinyl picket fence along the frontage of 817 Olive Avenue with the condition that it be located to stand two feet (2') behind the sidewalk.
Existing fences/walls along the subject block of Tolita Avenue have been installed approximately 2-feet behind the sidewalk in similar fashion to what is being proposed at 1100 Isabella.
Installation of the fence totally on private property would preclude the protection of the mature magnolia tree that the proposed fence would provide. Placement of the proposed fence within the public right-of-way as proposed does not appear to present a hazard to the public or impact public infrastructure; however, as is typical for all encroachments within the City of Coronado, the applicant must agree, in the form of an Encroachment Maintenance and Removal Agreement (EMRA), to language obligating the Permittee and subsequent property owners to “indemnify, defend (with counsel acceptable to the City) and hold the City and its officials, employees, agents, representatives, and volunteers harmless from and against all claims, demands, costs (including attorney fees and expert costs), losses, damages, injuries, litigation, and liability arising out of or related to” the encroachment that is the subject of this report. Considering all the above, it is recommended that the Council approve the encroachment request as proposed with the fence located a minimum of 2-feet behind the sidewalk.
FISCAL IMPACT:
The applicant has paid the City a non-refundable encroachment permit fee of $400 and, if approved, will be required to maintain the encroachment and required insurance at their expense.
ALTERNATIVES:
The Council may opt to deny the private enhancements being proposed on public property.
CALIFORNIA ENVIRONMENTAL QUALITY ACT:
This project is exempt from environmental review pursuant to CEQA section 15304, Minor Alterations in Land.
PUBLIC NOTICE: None required, but courtesy notices regarding this issue were sent to property owners and residents within 300 feet of the proposed improvement.
ATTACHMENTS:
1. Encroachment Permit E2501-017
Submitted By: Public Services and Engineering Department / Dave Johnson