RESOLUTION NO. 23-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE APpLICANT’S APPEAL AND REVERSING THE REVOCATION OF ADMINISTRATIVE ENCROACHMENT PERMIT E22-0112 located at 4055 VIA MANZANA WHEREAS, on March 25, 2022, an application was submitted, and completed on April 26, 2022, by John and Sharon Conley, 4055 Via Manzana, San Clemente, CA, 92672; for Administrative Encroachment Permit (AEP) E22-0112, a request to maintain landscaping improvements within street right-of-way. The applicants’ property legal description is Lot 18 of Tract 4850 and Assessor’s Parcel Number 675-191-08; and WHEREAS, on May 9, 2022, the Public Works Director/City Engineer approved AEP E22-0112; and WHEREAS, on August 1, 2022, an application was submitted, and amended on October 26, 2022, by the property owners of 27001 Paseo Activo for an AEP to improve and maintain landscaping improvements and an access path in the same area subject to the Conley’s AEP E22-0112; and WHEREAS, on November 15, 2022, the Public Works Department notified the Conley’s that AEP E22-0112 was being revoked per clauses within Covenant 2, 5, and 6 of the executed AEP; and WHEREAS, on December 19, 2022, the Conleys finalized an appeal application of the revocation of AEP E22-0112; and WHEREAS, on January 17, 2023, the City Council of San Clemente held a duly- noticed public hearing on the subject application and appeal, considered written and oral comments, and facts and evidence presented by the applicant, appellants, City staff, and other interested parties. At that meeting, the appeal was continued by the City Council to allow time for the applicant and the owners of 27001 Paseo Activo to potentially resolve the conflicting issues; and WHEREAS, on March 21, 2023, the City Council of San Clemente held a duly- noticed public hearing on the subject application and appeal, considered written and oral comments, and facts and evidence presented by the applicant, appellants, City staff, and other interested parties. At that meeting, the City Council acknowledged the rights of the property owners of 27001 Paseo Activo to apply for an AEP for access purposes, and the motion to approve the appeal was adopted.
NOW, THEREFORE, The City Council of the City of San Clemente does hereby find, determine and resolve as follows:
Section 1. Incorporation of Recitals.
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this resolution.
Section 2. CEQA Findings: CEQA does not apply to the project, pursuant to CEQA Guidelines Section 15301, because the project involves existing improvements with insignificant modifications.
Section 3. Administrative Encroachment Permit Findings With respect to Administrative Encroachment Permit (AEP) E22-0112 for the proposed landscape improvements within the street right-of-way, the City Council finds as follows:
The proposed use of right-of-way is permitted pursuant to the approval of an Administrative Encroachment Permit and complies with the applicable provisions of Municipal Code 12.20, in that:
Decisions of the Public Works Director for Administrative Encroachment Permits may be appealed to the City Council.
The proposed use is subject to land use controls mandated within the General Plan such as, Urban Design Element- Public Places Policy UD-1.06 Streets, “We recognize that public streets are important public spaces as well as transportation routes and support their occasional closure for community events, where feasible. Sidewalks, street trees, landscaping, and other amenities should be provided and maintained to keep these spaces attractive”, and Urban Design Element- Maintenance Policy UD-4.01 Long-Term Quality, “We require all public and privately owned structures, aboveground infrastructure (including utilities), landscaping and property (including trails and easements) to be designed and maintained to ensure their long-term quality and appearance”.
The proposed improvements may be modified by the Public Works Director or City Council in the future as needed or in the event that the property owners of 27001 Paseo Activo apply and are approved for an Administrative Encroachment Permit for access improvements.
Section 4. City Council Approval.
Based on the foregoing recitals and findings above, and the written and oral comments, facts, and evidence presented, the City of San Clemente City Council Approves the Appellant’s Appeal and Reverses the Revocation of AEP E22-0112.
Section 5. Certification.
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, Laura Campagnolo, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. _________ was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
_________________________
City Attorney
Resolution No. 23-0___ Page 3
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