San Clemente
City Council
Agenda Item A
8A. APPEAL OF THE DENIAL OF AN ADMINISTRATIVE ENCROACHMENT\nPERMIT FOR A WALL IN THE RIGHT OF WAY LOCATED AT 1202 AVENIDA\nDE LA ESTRELLA AND FINDINGS UNDER THE CALIFORNIA\nENVIRONMENTAL QUALITY ACT\nPublic hearing to consider a resident initiated appeal of the City\nEngineer’s denial of Administrative Encroachment Permit E25-0416\n(“Permit”) for the unpermitted wall improvements cited by code\nenforcement CE2025-0141 located in the street right of way on Avenida\nDe La Estrella and La Placentia. The basis of denial includes the wall’s\nlocation and height in excess of zoning standards.\nThe City Council will also consider whether the project is Categorically\nExempt from the requirements of the California Environmental Quality Act\n(CEQA) pursuant to CEQA Guidelines such as § 15301.\nPotential Action(s)\nStaff recommends that the City Council conduct the appeal hearing and\nconsider any information presented by the applicant or the public before or\nduring the hearing. After conducting the appeal hearing, if the City Council\nconcurs with the information from staff in this report, an appropriate action\nwould be to adopt Resolution No. 26-109, which will:\n1. Deny the appeal.\n2. Uphold the denial of Administrative Encroachment Permit E25-0416 for\nretaining walls and stairs in the right-of-way.