San Clemente
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
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)
Staff recommends that the City Council 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, if the City Council
concurs with the information from staff in this report, an appropriate action
would be to adopt Resolution No. 26-109, which 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.