PISMO BEACH CITY COUNCIL STAF REPOR
Agenda Item #9.E
Meetin Date: u ust 18, 2026
TITLE:
Encroachment Agreement to Allow a Retaining Wall and Concrete Pavers in the City Right-of-Way along Ocean Boulevard
RECOMMENDATION:
Authorize the City Manager to execute, and the City Clerk to record, an Encroachment Agreement for 728 Ocean Boulevard to allow a retaining wall and concrete pavers in the City right-of-way.
DISCUSSION:
The applicant, Lois M. Barber Living Trust, currently owns the property at 728 Ocean Boulevard. The property was recently approved for demolition of the existing single-family residence and construction of a new single-family home.
On May 21, 2024, the City Council adopted Resolution R-2024-031, establishing a residential sidewalk policy. The policy states that "development of residential sidewalk in qualifying cases shall only be required if, on a per-block basis, the street frontage on the side of the street where the project is located currently has 50% or more existing sidewalk." In accordance with this policy, installation of a new sidewalk is not required as part of this project.
Due to the property's unique shape and constrained site conditions, portions of the project improvements extend into the City right-of-way. These improvements include site retaining walls and concrete pavers. The site retaining walls are necessary to accommodate the proposed driveway, which provides access to a basement-level garage. Because sidewalk is not required under Resolution R-2024-031, these improvements will be accommodated within the area of the right-of-way that would have otherwise been reserved for sidewalk construction.
The proposed encroachment has been reviewed by the Public Works Department and has been determined to pose no threat to public health or safety. If approved, the Encroachment Agreement will allow the site retaining walls and concrete pavers to remain within the City right-of-way while requiring the property owner, and any successors in interest, to assume full responsibility for the maintenance, repair, replacement, and liability associated with the encroaching improvements. The Encroachment Agreement also provides the City with the authority to require removal or relocation of the encroachments, at the property owner's sole expense, should the City need to utilize the right-of-way in the future.
Conclusion and Recommendation
Staff recommends that the City Council authorize the City Manager to execute, and the City Clerk to record, the Encroachment Agreement (Attachment 1) for 728 Ocean Boulevard.
Council Agenda 8-18-2026 9.E-1
FISCAL IMPACT:
There is no anticipated fiscal impact to the City from permitting the encroachment.
ATTACHMENTS:
1. Encroachment Agreement
Prepared by: Jessica Benzon, Permit Technician
Submitted by: Rosemarie R. Gaglione, PE, Director of Public Works City Manager Approval:
Council Agenda 8-18-2026 9.E-2
Rev. date May 2025
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Pismo Beach
City Clerk
760 Mattie Rd.
Pismo Beach, CA 93449
Location: 728 Ocean Boulevard
APN: 010-351-019
Description: Retaining Walls and
Concrete Pavers
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT, made and entered into as of the date the AGREEMENT is fully executed by all parties, by and between the CITY OF PISMO BEACH, a municipal corporation (hereinafter referred to as “City”), and Barber Lois M Trust, (hereinafter referred to as “Applicant”).
RECITALS:
A.Applicant owns real property at 728 Ocean Boulevard known as APN 010- 351-019 in the City of Pismo Beach that has a legal description as set forth on Exhibit A and is hereinafter referred to as the “Real Property”; and B.Applicant will maintain improvements, consisting of retaining walls and concrete pavers which encroach into the City’s public right-of-way for Ocean Blvd; and
C.Said improvements are described as within the approximate area schematically shown on “Exhibit B”, which is incorporated by reference, and the improvements are hereinafter referred to as the “Encroachment”; and
D.Only the Encroachments consisting of retaining walls and concrete pavers within the area shown on “Exhibit B”, incorporated by reference, are allowed under this Encroachment Agreement; and
E.The City is willing to allow the Encroachment subject to certain conditions.
NOW, THEREFORE, in consideration of the City allowing the Applicant to maintain the Encroachment, the Applicant accepts and agrees to the conditions as follows:
1.LIMITS OF ENCROACHMENT
The Applicant is allowed to construct only the Encroachment that is described herein, subject to the conditions contained herein and any applicable laws. This agreement shall be valid for thirty (30) years from the date of issuance, and shall be extended for ongoing consecutive thirty (30) year terms unless revoked or Council Agenda 8-18-2026 9.E-3
Attachment 1
Rev. date May 2025
abandoned as otherwise provided in this agreement. The location and extent of the encroachment must be approved by the City Engineer in the City Engineer’s sole discretion.
2. COSTS
The Applicant shall bear the entire cost and expense of the construction, upkeep and maintenance of the Encroachment.
3. MAINTENANCE
All work relating to the Encroachment shall conform to recognized standards of construction and the Encroachment shall be maintained in a clean and safe manner by the Applicant and/or successors.
4. COMPLIANCE
The Applicant shall comply with all applicable City, County, State and Federal laws and regulations.
5. PERMITS
Applicant shall obtain all other required approvals and permits prior to construction.
6. REVOCATION FOR CAUSE
The Applicant agrees that this Encroachment Agreement may be revoked by the City for failure to comply with any condition contained herein if the Applicant has not eliminated such non-compliance within sixty (60) days after the City gives the Applicant written notice of non-compliance.
7. REVOCATION UPON NOTICE
The City may revoke this Encroachment Agreement or a part thereof for any reason by giving written notice to the Applicant at least one hundred eighty (180) days prior to termination of this Agreement. In such event, Applicant shall, at the Applicant’s sole expense, remove any Encroachment or part thereof and restore the area as shall be required by the City.
8. FAILURE TO REMOVE
If the Applicant fails to remove the Encroachment and restore the area where the encroachment was located upon proper request, the City has the right to remove the Encroachment, restore said area, charge Applicant for costs of removal and restoration, and place a lien upon the real property.
9. AUTOMATIC TERMINATION
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Attachment 1
Rev. date May 2025
The Encroachment Agreement shall terminate automatically at any time the Applicant abandons or removes the Encroachment. If the Applicant only abandons or removes a portion of the Encroachment, this Encroachment Agreement shall terminate as to the portion that is abandoned or removed.
10. INDEMNIFICATION
The Applicant agrees to defend and indemnify the City, its officers, employees, and agents against and shall hold them harmless from any loss, costs, damage, expense of whatever description (including all costs of defense and reasonable attorneys’ fees) or liability by reason of injury or death of any person, or damage to or destruction of any property arising out of the design, construction, maintenance or use of, or in any manner otherwise related to, the improvements allowed under this Agreement. It is the intent of this Section that the Applicant shall be responsible for all liability for design, construction, maintenance, and use of the improvements installed or work done pursuant to this Agreement and that the City, its officers, employees and agents shall not be liable for any negligence, whether active or passive in nature, nonfeasance, misfeasance, or malfeasance related to or arising from this Agreement, including but not limited to approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewing, or inspecting any work or construction arising from this Agreement.
11. INSURANCE
The Applicant shall cover the encroaching property with and otherwise obtain sufficient liability insurance for both bodily injury and property damage to meet the obligations of this paragraph, but in no event shall the liability coverage be less than one million dollars ($1,000,000) per occurrence. Concurrently with execution of this Agreement, the Applicant shall provide the City with a certificate of insurance evidencing the existence of such coverage, which shall include a provision that provides the City thirty (30) days’ advance written notification of any cancellation or change to the policy of insurance. In the event the Applicant’s policy of insurance cannot be endorsed to provide this notice of cancellation, the Applicant shall provide the City notice of such cancellation, in writing, not later than twenty-four (24) hours following the effective time of such cancellation. The City shall be named as an additional insured via endorsement of the insurance policy. The City Attorney may waive the additional insured requirements if The City Attorney determines that the proposed encroachment will not constitute any significant possibility of City liability, or if such a policy is not commercially available to the Applicant. If such a policy is commercially available, additional costs to the Applicant in obtaining such a policy shall not be a basis upon which the additional insured requirement will be waived. Furthermore, the act of waiving this additional insured endorsement requirement shall not be construed as a waiver of any other right the City may have relating to this Agreement and/or the work permitted. If the Applicant fails to provide sufficient insurance to meet the obligations of this paragraph, the Applicant agrees that any expenses incurred by the City as a result of the improvements authorized by this Encroachment Agreement may be recorded as, and shall constitute, a lien upon the real property of the Applicant in favor of the City.
Council Agenda 8-18-2026 9.E-5
Attachment 1
Rev. date May 2025
12. AGREEMENT BINDING UPON SUCCESSORS IN INTEREST
This Encroachment Agreement is an instrument affecting the title and possession of the Real Property. All the terms, covenants and conditions herein imposed shall be binding upon and inure to the benefit of the successors-in-interest of the Applicant, and shall run with the Real Property. Upon any sale of the Real Property, the successor-in-interest shall be bound by the obligations imposed on the Applicant by this Encroachment Agreement.
13. ADDITIONAL COSTS
In the event the City is required to perform additional work because of the Encroachment during the maintenance, repair, installation or reconstruction of any public facilities, the Applicant shall pay all such additional costs incurred in connection with the said extra work within thirty (30) days of receiving a written, itemized statement of charges from the City. In such event, the Applicant shall, at the Applicant’s sole expense, restore any portion of the Encroachment disturbed by the City’s operations when the City’s work is completed. In the event of any controversy, claim or dispute arising out of or relating to this Agreement or violation of any covenant contained herein, the prevailing party shall be entitled to receive from the losing party reasonable expenses, including attorney’s fees and costs.
14. NOTICE TO APPLICANT
Notice to the Applicant shall be deemed given when (i) the notice is enclosed in an envelope, addressed to the last known name and address of the owner of the Real Property as shown upon the most recent assessment roll of the County of San Luis Obispo, and (ii) that envelope is deposited in the United States mail, with postage fully prepaid. If said roll is no longer available, notice shall be deemed given upon (i) posting the notice on the Real Property and (ii) mailing the notice to the last known address of the owner of the Real Property.
Signatures begin on next page
Council Agenda 8-18-2026 9.E-6
Attachment 1
Rev. date May 2025
CITY OF PISMO BEACH,
A Municipal Corporation
Jorge E. Garcia, City Manager
Date: ___________________
APPROVED AS TO CONTENT: APPLICANT:
Rosemarie R. Gaglione, PE The Lois M. Barber Living Trust Director of Public Works Lois Marie Barber, Trustee Date: ___________________
APPROVED AS TO FORM:
Enter Lein Holder
Dean Pucci, City Attorney Signatory Name, Title
Date: ___________________
INSTRUCTIONS
This Agreement will be recorded. Your signature(s) must be acknowledged by a notary.
Inform the Notary that the acknowledgment is for an instrument to be recorded. (California Civic Code 1169, et seq.)
Council Agenda 8-18-2026 9.E-7
Attachment 1
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RUVELSON RESIDENCE
ENCROACHMENT AGREEMENT
PERMIT: B24-000338
728 OCEAN BLVD. PISMO BEACH, CA 93449
APN: 010-351-019
FEBRUARY 09, 2026
LEGAL
DESCRIPTION
LEGAL DESCRIPTION - EXHIBIT A
A.P.N.: 010-351-019
PROJECT ADDRESS.: 728 OCEAN BLVD.
PISMO BEACH, CA 93449
LEGAL DESCRIPTION OF PARCEL:
BEING ALL OF LOT 10 AND A PORTION OF LOT 9 IN BLOCK 16 OF TRACT NO. 24, IN THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED IN BOOK 5, PAGE 44 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERLY MOST CORNER OF SAID LOT 1 O; THENCE
1. SOUTH 28° 53' WEST, ALONG THE NORTHWESTERLY LINE OF SAID LOT 10, A DISTANCE OF 50.00 FEET TO THE EASTERLY MOST COMER OF SAID LOT 9 ; THENCE
CONTINUING
2.SOUTH 28° 53' WEST, 5.01 FEET TO A POINT ON A LINE FIVE (5) FEET SOUTHWESTERLY OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 9; THENCE
3. NORTH 64° 45' WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 28.50 FEET
4.SOUTH 28° 53' WEST, ALONG A LINE PARALLEL WITH AND 11.50 FEET SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF SAID LOT 9, A DISTANCE OF 79.73
FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF OCEAN BOULEVARD, AND THE SOUTH LINE OF SAID LOT 9, AS SHOWN ON SAID MAP; THENCE
5.NORTH 77° 43' EAST, ALONG THE SOUTH LINE OF SAID LOTS 9 AND 10, A DISTANCE OF 90.81 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF SAID LOT 1O; THENCE
6.NORTH 28° 53' EAST, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 10, A DISTANCE OF 79.28 FEET TO THE EASTERLY MOST COMER OF SAID LOT 1 O; THENCE
7.NORTH 64° 45' WEST, ALONG THE NORTHEASTERLY LINE OF SAID LOT 10, A DISTANCE OF 40.00 FEET TO THE NORTHERLY MOST COMER OF SAID LOT 10 AND THE POINT OF
BEGINNING
ENCROACHMENT AGREEMENT DESCRIPTION :
PROPOSED ENCROACHMENT AGREEMENT FOR THE IMPROVEMENTS WITHIN THE CITY OF RIGHT-OF-WAY FOR THE DEVELOPMENT OF A NEW SINGLE FAMILY RESIDENCE (B24- 000338): SITE WALLS, CONCRETE PAVERS, UTILITIES, DRIVEWAY APPRON, AND LANDSCAPING ALONG OCEAN BLVD.
THE RETAINING WALLS ARE NEEDED FOR THE FUNCTIONALITY OF THE DRI VEWAY WHICH
RAMPS DOWN TO A BASEMENT LEVEL GARAGE ON A UNIQUELY SHAPED LOT WITH TIGHT SITE CONSTRAINTS.
Council Agenda 8-18-2026 9.E-8
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RUVELSON RESIDENCE
ENCROACHMENT AGREEMENT
PERMIT: B24-000338
728 OCEAN BLVD. PISMO BEACH, CA 93449
APN: 010-351-019
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1 1
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PROPOSED SITE
WALL IN R.O.W.
EXISTING SITE
WALL IN R.O.W.
PROPOSED DRIVEWAY
APRON IN R.O.W.
POURED IN PLACE
CONCRETE PAVERS
IN R.O.W.
SETBACKS
PROPERTY
LINE & R.O.W.
OCE
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728 OCEAN
BLVD.
SFR.
SCALE: 1" = 20'
ENCROACHMENT AGREEMENT SITE PLAN EXHIBIT - EXHIBIT B
SITE PLAN EXHIBIT
FEBRUARY 09, 2026
Council Agenda 8-18-2026 9.E-9
Attachment 1