City Council

C. PUBLIC HEARING TO CONSIDER CHANGING OR REVOKING\nCONDITIONAL PERMIT 1021/ VOLUNTARY COMPLIANCE AGREEMENT/\nAND WIRELESS SCREENING FORM WMS 23-231 RELATED TO THE\nPROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR’S PARCEL NUMBER\n690-552-05 AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM\nTHE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Part 1) (Part 2)\nPublic Hearing to consider whether to make changes to or revoke approved\napplications related to a telecommunications facility located at 616 Del Dios,\nincluding a Conditional Permit issued by the County of Orange in 1962 (as\nthereafter modified and approved by the City), Voluntary Compliance\nAgreement between American Tower Corporation and the City dated on or\nabout July 6, 2023, and Wireless Communications Facilities Application\nScreening Form WMS 23-231 filed by Dish Wireless, LLC, a Colorado limited\nliability company, and may consider initiating litigation related to the same.\nThe City Council will also consider whether any action that it takes that\nqualifies as a project is exempt from the California Environmental Quality Act,\nincluding, but not limited to, pursuant to State CEQA Guidelines Sections\n15301, 15302, 15303, 15304, 15305 and 15321.\nStaff Recommendation\nAdopt Resolution No. 24-09, which will find the project categorically exempt\nunder Classes 1, 2 and 3, would make public nuisance findings and would\nmodify the entitlement (CP 1021) to incorporate the following conditions of\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda\napproval:\n1. The Owner, its tenants, and any contractors, shall access the property only\nby means of Avenida Salvador easement - unless they can demonstrate\neasement rights via Del Dios.\n2. The Owner, their tenants, and any contractors shall require escorted access\nfor any vehicles other than light duty pickup trucks. Any damage to the\nRidgeline trail observed by City staff to have occurred as a result of access\nby Owner, their tenants, and any contractors shall be repaired by a\ncontractor of the City’s choosing within one (1) month of noticed damage.\n3. The Owner and/or their tenant(s) shall permanently solve ongoing safety\nissues at the site by preventing persons from climbing the tower, which may\nbe accomplished by replacing the lattice tower with a new monopole tower\nmeeting the general design goals of the City’s Wireless Master Plan or other\nfeasible solution approved by the City.\n4. The Owner and/or its tenant(s) shall repair and/or replace the fence with a\nmaterial and style supported by the City’s Code Compliance Manager and\nthe City’s police services Captain or designee for the purpose of mitigating\nthe issue of ongoing trespass.\n5. The Owner and/or its tenant(s) shall install security cameras on the Property\nto alert the Owner of trespass and safety issues and the Owner shall take\nproactive responsibility for mitigating and preventing the issue of ongoing\ntrespass.\n6. The Owner and its tenants shall operate and maintain the site in a manner\nthat complies with all applicable laws and regulations.\n7. The Owner shall defend and indemnify the City.\nCity Council REVISED Special and Regular Meeting January 16, 2024\nAgenda