Attachment 2
City of San Clemente Engineering Division
910 Calle Negocio, Suite I 00
San Clemente, CA 92673
RE: Sidewalk Waiver Request for 1202 A VENIDA DE LA ESTRELLA To the City of San Clemente Engineering Division and the City Manager, This letter is in support of Mr. Roberts' Sidewalk Waiver request. The Sidewalk waiver is necessitated due to the City's recent decision to cite the 50+ year old retaining wall surrounding the property for encroachment.
The City Manager may waive the requirements when any of the following exists:
1. SCMC 12.08.01 0(A)(I ): Due to the location of the property, the terrain, and condition, the construction of the sidewalk would be impractical, as it would require moving a 50+ year old retaining wall.
2. SCMC 12.08.01 0(A)(9): When construction of continuous sidewalk on a street block is highly improbable due to major structures, massive retaining walls or major topographic issues. a. The property is enclosed by a massive retaining wall that was constructed in the 1950s or 1960s. This wall has been a feature of the property for decades and constitutes a "major structure" as described in the ordinance. The presence of this wall makes the installation of a new sidewalk impossible without its complete removal which would fundamentally alter the property and impose an unreasonable burden. The City has not previously required its removal, and to do so now would require the physical moving of this significant, preexisting structure.
3. SCMC 12.08.0 I 0(A)( 4 ): In slope areas, the construction of the sidewalk would require a retaining wall greater than three (3) feet high relative to the surface of the sidewalk. a. The existing retaining wall along the property frontage is currently over three feet high. In order to construct a new sidewalk, this entire wall would have to be demolished and relocated. This action is functionally and financially equivalent to the new construction of a retaining wall greater than three feet high-a condition for which this qualifier is intended to provide relief.
In addition to these primary qualifiers, this application requests that the location of the property line relative to the home is noted as the removal of this wall would create a significant privacy issue. The removal of the wall would establish a direct line of sight from the public right-of-way straight into the home's main living areas. Additionally, based on the 50+ years the wall has existed, the city has waived their right to demand its demolition or relocation.
Given these conditions, the presence of a historic retaining wall, the privacy issues, and the city's waiver of its right to demand the removal of the retaining wall, this letter respectfully request the approval of this application. If you would like more information or to meet at the site to discuss, I am available.
Thank you,
Spencer K. Schneider
Counsel for Mr. Daniel Roberts
City of SanClemente Engineering Division
9]OCALLENEGOCiO, SUITE l00 SAN CLEMENTE CA 92673
Phone: (949) 361-6100
Fax: (949)366-474]
E-mail: engineering@sai'i-cleinenie.org
SIDEWALK WAIVER
REQUEST FORM
APPL,cANTIC0 NTAc T Spencer K.Schneider, counsel forDaniel Roberts ADDRESS 205AvenidaDelMar#8l
CITY/STATE/ZIP SanClemente, CA9267
TELEPHONE(949)393-9323 E-MAIL [email protected] OWNER,ifotherthanapplicant Dan!elRo"er(s
ADDRESS 1202AvenidaDeLaEstrella
CITY/STATE/ZIP SanCleinente, CA 92672
TELEPHONE ( 562)7555382 EMAIL [email protected]
BUILDINGDEPARTMENTS CONSTRUCTIONVALUATION:$
ISTHEPROJECTDISCRETIONARY:YES NO (PLEASE CIRCLE ONE)
BUILDING PROJECT NO.
PROJECT DESCRIPTION.
Retaining wallhasbeeniplacesincethe1950sor1960s. After recentinaintenancehnrl nl'irlstrq to thtawi'ili, hy fhp prtor owner, the city has demanded its removal.
SIDEWALK WAIVER REQUEST SHALL INCLUDE:
A. Completed Sidewalk Waiver Request Form
B. Aformalfetterinsupportofthereason(s)forthesidewalkwaiver (SeeAttachment1) C. Clear photo(s) detailing the existing conditions and the limits of sidewalk to be waived (In electronic form)
D. Application fee: Per City Engineering Fee Schedule
I/We certify that I/We are the owners of the subject property or that I/we have been authorized by the owners to process this Sidewalk Waiver Request.
S,35, 10/6/2025
Signature Date