City Council

C. PUBLIC HEARING TO CONSIDER CHANGING OR REVOKING CONDITIONAL PERMIT 1021/ VOLUNTARY COMPLIANCE AGREEMENT/ AND WIRELESS SCREENING FORM WMS 23-231 RELATED TO THE PROPERTY LOCATED AT 616 DEL DIOS, ASSESSOR’S PARCEL NUMBER 690-552-05 AND FINDING THE PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (Part 1) (Part 2) Public Hearing to consider whether to make changes to or revoke approved applications related to a telecommunications facility located at 616 Del Dios, including a Conditional Permit issued by the County of Orange in 1962 (as thereafter modified and approved by the City), Voluntary Compliance Agreement between American Tower Corporation and the City dated on or about July 6, 2023, and Wireless Communications Facilities Application Screening Form WMS 23-231 filed by Dish Wireless, LLC, a Colorado limited liability company, and may consider initiating litigation related to the same. The City Council will also consider whether any action that it takes that qualifies as a project is exempt from the California Environmental Quality Act, including, but not limited to, pursuant to State CEQA Guidelines Sections 15301, 15302, 15303, 15304, 15305 and 15321. Staff Recommendation Adopt Resolution No. 24-09, which will find the project categorically exempt under Classes 1, 2 and 3, would make public nuisance findings and would modify the entitlement (CP 1021) to incorporate the following conditions of City Council REVISED Special and Regular Meeting January 16, 2024 Agenda approval: 1. The Owner, its tenants, and any contractors, shall access the property only by means of Avenida Salvador easement - unless they can demonstrate easement rights via Del Dios. 2. The Owner, their tenants, and any contractors shall require escorted access for any vehicles other than light duty pickup trucks. Any damage to the Ridgeline trail observed by City staff to have occurred as a result of access by Owner, their tenants, and any contractors shall be repaired by a contractor of the City’s choosing within one (1) month of noticed damage. 3. The Owner and/or their tenant(s) shall permanently solve ongoing safety issues at the site by preventing persons from climbing the tower, which may be accomplished by replacing the lattice tower with a new monopole tower meeting the general design goals of the City’s Wireless Master Plan or other feasible solution approved by the City. 4. The Owner and/or its tenant(s) shall repair and/or replace the fence with a material and style supported by the City’s Code Compliance Manager and the City’s police services Captain or designee for the purpose of mitigating the issue of ongoing trespass. 5. The Owner and/or its tenant(s) shall install security cameras on the Property to alert the Owner of trespass and safety issues and the Owner shall take proactive responsibility for mitigating and preventing the issue of ongoing trespass. 6. The Owner and its tenants shall operate and maintain the site in a manner that complies with all applicable laws and regulations. 7. The Owner shall defend and indemnify the City. City Council REVISED Special and Regular Meeting January 16, 2024 Agenda