RESOLUTION NO. 24-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING A COMMUNICATIONS SITE LEASE AGREEMENT WITH DISH WIRELESS, LLC AT 2916 VIA SAN GORGOINO WHEREAS, on March 22, 2023, an application was submitted by Peter Blied, for City Antenna Permit (CAP) 23-103, which deemed complete on July 14, 2023, to install antennas and equipment on an existing ball field light standard and in an existing equipment enclosure located at 2916 Via San Gorgonio, within the Open Space Public (OS1) zone. The site’s legal description is a portion of parcel 17 Record of Survey Book 4 Page 15, and Assessor’s Parcel Number 691-211-04; and WHEREAS, the Development Management Team (DMT) reviewed the proposed project, and staff issued a comment letter on June 29, 2023 to the applicant to ensure compliance with General Plan, Zoning Ordinance, and other applicable City ordinances, codes, and policies; WHEREAS, on August 17, 2023, the Zoning Administrator of the City of San Clemente held a public hearing on the subject application; however, staff discovered that the printed noticing materials were not correctly mailed out to the appropriate radius surrounding the subject property; and WHEREAS, thereafter notices were timely and properly published and mailed correctly to alert the public of a de-novo public hearing on this item scheduled for October 19, 2023; and WHEREAS, on October 19, 2023, the Zoning Administrator of the City of San Clemente held a public hearing on the subject application and considered written and oral comments, and facts and evidence presented by the applicant, City staff, and other interested parties; and WHEREAS, the Zoning Administrator approved CAP 23-103 via Resolution 23-14 and determined that the project is Categorically Exempt from CEQA pursuant to State CEQA Guidelines 15301 (14 CCR§ 15301, Class 1e: Existing Facilities) and 15303 (14 CCR§ 15303, Class 3: New Construction or Conversion of Small Structures).
WHEREAS, the Zoning Administrator conditioned the approval of CAP 23-103 on subsequent issuance of a site lease authorization by the City Council; and WHEREAS, the City Council reviewed the site lease proposal at its regular meeting on February 20, 2024 and approval of the site lease is in the best interests of the City and the public.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find determine and resolve as follows:
Section 1. Incorporation of Recitals.
The City Council hereby finds that all of the facts in the Recitals are true and correct and are incorporated and adopted as findings of the City Council as fully set forth in this resolution.
Section 2. Lease Authorization
Based upon its review of the entire record, including the Staff Report, any public comments or testimony, the City Council hereby approves a communications site facility lease with DISH Wireless and authorizes and directs the City Manager to execute such a lease in a form that is substantially similar to that presented to the City Council on February 20, 2024. The City Manager, or his designee, is further authorized and directed to execute such other documents and take such other and further actions as are necessary and proper to accomplish the purposes of this resolution.
PASSED AND ADOPTED this 20th day of February, 2024.
ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California 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. 24-23 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, 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. 24-23 Page 4
Attachment 1