RESOLUTION NO. 26-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DENYING AN APPEAL AND UPHOLDING THE DENIAL OF AN ADMINISTRATIVE ENCROACHMENT PERMIT FOR A WALL AND STAIRS IN THE RIGHT OF WAY LOCATED AT 1202 AVENIDA DE LA ESTRELLA 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 condition 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 12.20.015; 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 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; and WHEREAS, on June 16, 2026, at the request of the property owner, the City Council continued the appeal hearing until August 18, 2026; and WHEREAS, on August 18, 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 the City Council hereby denies the property owner’s appeal and upholds the denial of the Administrative Encroachment Permit for the wall and stairs improvements. The encroaching improvements shall be removed from the public right-of-way and the property owner shall comply with applicable laws.
SECTION 3. That City staff is authorized and directed to take all actions as are necessary and proper to accomplish the purposes of this resolution.
SECTION 4. 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 August, 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 August, 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 1
4860-5047-5367 v1