RESOLUTION NO. 26-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, PARTIALLY GRANTING AN APPEAL, DIRECTING ISSUANCE OF AN ADMINISTRATIVE ENCROACHMENT PERMIT FOR A WALL IN THE RIGHT OF WAY LOCATED AT 1202 AVENIDA DE LA ESTRELLA WITH CONDITIONS AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER CLASS 3 (NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES, 14 CCR 15303(E)) of the STATE CEQA GUIDELINES, SECTION 15303 WHEREAS, the City received a citizen complaint regarding a recently modified wall causing a line-of-sight issue for vehicles traveling from La Placentia onto Avenida De La Estrella; and WHEREAS, according to the new property owner the wall and steps had existed in its unmodified conditions since the 1950-60’s; and WHEREAS, the original wall and recently modified wall were not permitted to be constructed within the public right-of-way; and WHEREAS, Code Enforcement case CE2025-0141 was initiated and required the property owner to remove the wall and steps from the right-of-way, or get the necessary permits to allow them to remain; and WHEREAS, the property owner applied for an Administrative Encroachment Permit per Municipal Code section 12.20; and WHEREAS, the City Engineer/Public Works Director denied the permit application based on the wall improvements blocking the vehicle line-of-sight at the intersection of Avenida De La Estrella and La Placentia, the wall improvements blocking the ability to construct compliant 4-foot-wide sidewalk that meets State and Federal regulations, the wall improvements including light sconces and drainage outlets that cause a safety hazard to the public, and the wall improvements exceeding the Zoning Code’s allowable heights in the front yard setback; and WHEREAS, per Municipal Code sections 12.20.020 and 17.12.140, the property owner has appealed the decision of the Public Works Director to the City Council; and WHEREAS, on June 16, 2026, the City Council conducted a duly noticed appeal hearing and read and considered all evidence, testimony and information presented at or before such hearing.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. That the above recitations are true and correct and incorporated fully herein.
SECTION 2. That based on a review of the records as a whole, the City Council hereby finds and determines that the project is categorically exempt from the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Conversion of Small Structures, 14 CCR 15303(e)) of the state CEQA Guidelines, Section 15303 because the wall is a new accessory structure.
SECTION 3. That the City Council hereby grant the property owner’s appeal in part and directs the City Engineer to issue an Administrative Encroachment Permit for the wall improvements with the following conditions:
a. The encroaching wall improvements shall not exceed a maximum height of 30 inches; b. The drain shall be removed or modified to properly drain to the street and not onto the sidewalk; c. The property owner shall execute an encroachment maintenance and removal agreement in a form acceptable to the City Attorney that requires that the property owner (i) maintain the improvements and the public right-of-way in a clean and safe condition, (ii) defend, indemnify and hold the City harmless from and against all claims arising out of or related to the improvements, conditions created or existing due to or personal injury or property damage suffered because of the improvements, the issuance of the encroachment permit or the actions of the City related to approval of the improvements, and (iii) be required to remove the improvements from the right-of-way upon request by the City; and d. The property owner shall comply with applicable laws except as expressly provided otherwise in this resolution.
SECTION 4. That City staff is authorized and directed to take all actions as are necessary and proper to accomplish the purposes of this resolution.
SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of June, 2026.
ADVANCE \X 317.30__________________________
Rick Loeffler, Mayor of the City of
San Clemente, California
ATTEST:
__________________________
CITY CLERK of the City of
San 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. 26-109 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of June, 2026, 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 ________________, ________.
ADVANCE \X 317.30_______________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 26-109 Page PAGE 3
Attachment 3
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