City Council

8A. APPEAL OF THE DENIAL OF AN ADMINISTRATIVE ENCROACHMENT PERMIT FOR A WALL IN THE RIGHT OF WAY LOCATED AT 1202 AVENIDA DE LA ESTRELLA AND FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Continued public hearing to consider a resident initiated appeal of the City Engineer’s denial of Administrative Encroachment Permit E25-0416 (“Permit”) for the unpermitted wall improvements cited by code enforcement CE2025-0141 located in the street right of way on Avenida De La Estrella and La Placentia. The basis of denial includes the wall’s location and height in excess of zoning standards. The City Council will also consider whether the project is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines such as § 15301. Potential Action(s) The City Council should conduct the appeal hearing and consider any information presented by the applicant or the public before or during the hearing. After conducting the appeal hearing, the City Council should adopt a resolution deciding the appeal. If the City Council moves to adopt Resolution No. 26-109 without modifications, that will: 1. Deny the appeal. 2. Uphold the denial of Administrative Encroachment Permit E25-0416 for retaining walls and stairs in the right-of-way. If the City Council moves to adopt Resolution No. 26-XX without modifications, that will: 1. Partially grant the appeal. 2. Determine 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)). 3. Grant an Administrative Encroachment Permit E25-0416 for retaining walls and stairs in the right-of-way subject to the terms and conditions in the permit (Attachment 4), those specified in the resolution (the encroaching wall improvements shall not exceed a maximum height of 30 inches and the drain shall be removed or modified to properly drain to the street and not onto the sidewalk) and those specified in the Agreement Containing Covenants Affecting Real Property (Attachment 5). If the City Council grants the full appeal of the applicant, the applicant will have no further obligation to correct any of the cited violations.