Adopt Resolution 2025-029 granting partial approval of Permanent Encroachment Application (PERM EN 250005, Salehi) allowing the legalization and maintenance of perimeter retaining walls bordering the 1^st Avenue and Santa Rita property lines; a Carmel stone walkway between 1^st Avenue and the primary entry; and a planter-style retaining wall within the public right-of-way east of and adjacent to the driveway fronting 1st Avenue, and denying the legalization and maintenance of non-conforming planter curbs, and a concrete step landing in the public right-of-way located at the southwest corner of Santa Rita Street and 1st Avenue in the Single-Family Residential (R-1) District. APN: 010-027-001-000.

Adopt Resolution 2025-029 (Attachment 1) granting partial approval of Permanent Encroachment Application (EN 250005, Salehi) allowing the legalization and maintenance of perimeter retaining walls bordering the 1^st Avenue and Santa Rita property lines; a Carmel stone walkway between 1^st Avenue and the primary entry; and a planter-style retaining wall within the public right-of-way east of and adjacent to the driveway fronting 1st Avenue, and denying the legalization and maintenance of non-conforming planter curbs, and a concrete step landing in the public right-of-way located at the southwest corner of Santa Rita Street and 1st Avenue in the Single-Family Residential (R-1) District. APN: 010-027-001-000.

The City Council considered EN 250005 (Salehi) on March 4, 2025 and made findings supporting a partial approval of the permanent encroachment, as described above and in the attached updated Resolution. Mayor Pro Tem Delves motioned to partially approve of the permanent encroachment application and the motion was seconded by Councilmember Dramov and approved 5-0-0-0 by the following roll call vote: AYES: Councilmembers Baron, Buder, Delves, Dramov, and Mayor Byrne. For additional background, please reference the staff report presented on March 4, 2025 and the meeting recording online here (start at 1:26:19).

Staff has updated Resolution 2025-029 and has annotated the project plans to reflect the March 4, 2025 Council findings.

The applicant has paid an encroachment permit fee, which covers the costs associated with processing the permit. The property owner of SWC Santa Rita Street and 1^st Avenue is responsible for maintaining approved encroachments and providing the required insurance coverage.  

The City Council considered EN 250005 (Salehi) on March 4, 2025 and made findings supporting a partial approval of the permanent encroachment.