Submitted By: Public Works
Prepared By: Alex Vlosky, Associate Civil Engineer
Zak Ponsen, Assistant City Engineer
Subject:
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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
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Summary:
The property at 1202 Avenida De La Estrella is a corner-lot parcel (intersecting with La Placentia) with an existing unpermitted retaining wall built in the public right-of-way along both street frontages. The property also has unpermitted concrete steps in the public right-of-way along Avenida De La Estrella. Recently, unpermitted modifications to the wall prompted a public complaint that the wall blocks the vehicle's line of sight at the intersection of Avenida De La Estrella and La Placentia. A Code Case (CE2025-0141) was initiated and the property owner applied for an Administrative Encroachment Permit to allow the wall and steps to remain in place.
The City Engineering Division reviewed the existing wall and site conditions and denied the application for the administrative encroachment permit on March 26, 2026 for several reasons including, but not necessarily limited to:
* Both the pre-existing and recently modified walls block the line of sight for vehicles turning onto Avenida De La Estrella from La Placentia. As constructed, the wall violates Orange County Standard 1117 for proper line of sight at intersections.
* The wall and steps were built without permits and are located approximately 2'-4" from the curb face along the street frontages. The Building Code requires permits for such improvements and approval is discretionary, not by right.
* The encroachment of walls and steps in the right-of-way prevents the future construction of a public sidewalk along either property frontage and will inhibit an ADA access ramp at the intersection. City Municipal Code 12.08, State, and Federal regulations all req...
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