RESOLUTION NO. 23-159
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, INITIATING A PUBLIC HEARING TO CONSIDER A CHANGE OR REVOCATION TO CONDITIONAL PERMIT 1021 (1962), WHICH PERMITTED A MICROWAVE RELAY STATION IN CONNECTION WITH A PUBLIC TELEPHONE SERVICE AT 616 DEL DIOS, ASSESSOR’S PARCEL NUMBER 690-552-05, THE VOLUNTARY COMPLIANCE AGREEMENT BETWEEN AMERICAN TOWER CORPORATION AND THE CITY EXECUTED ON, OR ABOUT, JULY 6, 2023, AND WIRELESS SCREENING FORM WMS 23-231, AND SETTING THE PUBLIC HEARING FOR JANUARY 16, 2024 WHEREAS, the County of Orange approved Conditional Permit (“CP”) 1021 in 1962 to permit the establishment of a microwave relay station in connection with a public telephone service at 616 Del Dios, Assessor’s Parcel Number 690-552-05 (“Property”), which the City later approved; and WHEREAS, on March 19, 2020, City staff denied an Eligible Facilities Request (EFR) for a collocation of wireless transmission equipment at the Property; and WHEREAS, American Tower Management, LLC (“ATC”) entered into a Voluntary Compliance Agreement with the City on or about July 6, 2023 to reduce the height of the lattice tower back to the 70-foot height stated within CP 1021; and WHEREAS, the City issued building permit B23-1495 on August 30, 2023 to reduce the height of the existing tower from 137.6’ to 70’ measured from the existing adjacent grade to the highest appurtenance affixed to the tower; and WHEREAS, Dish Wireless submitted an Eligible Facilities Request (Wireless Screening Form WMS 23-231) to collocate equipment on the reduced-height tower on July 10, 2023 with revisions submitted on August 31, 2023, which rely on the validity of CP 1021; and WHEREAS, during public comment at the City Council Meeting on October 17, 2023 and at a Joint Study Session of the Planning Commission and City Council on November 8, 2023, the City received public testimony that: (1) called into doubt the validity of the Applicant’s assertion that the facility is eligible for streamlining under Section 6409 of the Spectrum Act (47 U.S.C. § 1455(a), 47 C.F.R. § 1.6100); (2) suggested that the Owner and Applicant had provided incorrect, false or misleading information to the City; (3) indicated that the Property was not maintained in conformance with the applicable conditions of approval; and (4) alleged a history of nuisance activity at the Property; and WHEREAS, the San Clemente Municipal Code (SCMC) provides a process by which the City may change or revoke approved applications (Section 17.12.175) and that existing approvals are deemed to have lapsed if they are inactive for a period of at least one year (Section 17.12.150).
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. The foregoing recitals are true and correct and incorporated by this reference.
SECTION 2. The City Council hereby directs City staff to take all steps necessary and proper to initiate a public hearing for the City Council to consider changing or revoking Conditional Permit 1021 (as subsequently approved by the City), the Voluntary Compliance Agreement and Wireless Screening Form WMS 23-231, all related to the microwave relay station in connection with a public telephone service at 616 Del Dios, Assessor’s Parcel Number 690-552-05 and to schedule such public hearing for January 16, 2024 at the regular City Council meeting.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, 2023. __________________________
Mayor of the City of San
Clemente, California
ATTEST:
___________________________
CITY CLERK of the City of
San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 23-159 was adopted at a regular meeting of the City Council of the City of San Clemente held on _______ day of November 2023, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. ________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
___________________________
Elizabeth A. Mitchell, City Attorney
Resolution No. 23-159 Page PAGE 4
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