RESOLUTION NO. 25-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, DECIDING THAT THE CITY COUNCIL SHALL SERVICE AS THE REVIEW AUTHORITY, PURSUANT TO SAN CLEMENTE MUNICIPAL CODE SECTION 17.12.060.D.3, FOR PUBLIC HEARING PROJECT 25-361, A REQUEST BY AMERICAN TOWER MANAGEMENT, LLC TO AMEND COUNTY OF ORANGE CONDITIONAL PERMIT (CP-1021) WITH RESPECT TO REPLACEMENT OF AN EXISTING COMMUNICATIONS TOWER WHEREAS, American Tower Management, LLC (“American Tower”) owns certain real property located at 616 Del Dios, San Clemente, California 92672, Assessor’s Parcel Number 690-552-05 (the "Property"). The Property contains wireless communications facilities (the "Facilities"). American Tower is the current owner of the tower located at the Property (the "Tower"); and WHEREAS, the current use of the Property was approved under Conditional Use Permit No. CP-1021 by the Orange County Planning Division ("1962 CUP"). The 1962 CUP permits the development and use of the Property, Facilities, and Tower as a wireless communications facility; and WHEREAS, the City entered into a multiparty Release and Settlement Agreement dated November 19, 2024 (the “Agreement”) to resolve a dispute amongst the City, the Harbor View Estates Homeowners Association, American Tower, and DISH Wireless LLC; and WHEREAS, American Tower has submitted an application, Public Hearing Project (PHP) 25-361, to replace the lattice communications tower with a monopole in accordance with the terms of the Agreement; and WHEREAS, the application constitutes an amendment to an approved application, which is governed by San Clemente Municipal Code (SCMC) Section 17.12.180; and WHEREAS, SCMC 17.12.060.D.3 states that the “City Council by majority vote may decide to serve as the Review Authority for any applications that require a lower level Process according to Table 17.12.020”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, does find, determine and resolve as follows:
SECTION 1. The above recitals are true and correct and incorporated herein fully by this reference as findings.
SECTION 2. Pursuant to SCMC 17.12.060.D.3, the City Council of the City of San Clemente hereby decides that it will serve as the Review Authority for PHP 25-361, a request by American Tower to amend County of Orange Conditional Permit (CP-1021) to replace an existing communications tower.
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 ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City Steve Knoblock, Mayor of the City of San Clemente, California 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. 25-129 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. 25-129 Page 2
Attachment 1