HomeMy WebLinkAboutMINUTES - 04122011 - C.59RECOMMENDATION(S):
APPROVE and AUTHORIZE the Director of Conservation and Development, or designee,
to execute tolling agreements with Verizon Wireless to extend the time to act on permit
applications for wireless telecommunication facilities proposed for 19430 Vasco Road
(Byron area) and 5525 Hope Way (Byron area).
FISCAL IMPACT:
None.
BACKGROUND:
Verizon Wireless (GTE Mobilnet of California Limited Partnership) has filed land use
permit applications to construct wireless telecommunication facilities at 19430 Vasco Road
(LP09-2037) and 5525 Hope Way (LP10-2082), both in the Byron area. The Vasco Road
application was filed with the County on July 1, 2009, and the Hope Way application was
filed on November 12, 2010.
Under a ruling of the Federal Communications Commission (“FCC”), a wireless service
provider whose application has been pending for a period of 90 days for collocation
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/12/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Aruna Bhat,
925-335-1219
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 12, 2011
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Carrie Del Bonta, Deputy
cc:
C.59
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:April 12, 2011
Contra
Costa
County
Subject:Tolling Agreements with Verizon Wireless
applications, and 150 days for all other applications,
BACKGROUND: (CONT'D)
is authorized to seek judicial review within 30 days on the basis that a state or local
permitting authority did not act on the application within “a reasonable time.” (In Re:
Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure
Timely Siting Review, Etc., FCC 09-99 (FCC November 18, 2009) (the “Ruling”), 45.) The
Ruling also permits the period for a local jurisdiction’s review of an application to be
extended by mutual consent. (Ruling, 49.) Hearings on both applications have not yet been
scheduled before the County Zoning Administrator.
The proposed tolling agreements would extend the time for the County Zoning
Administrator to act on LP09-2037 to June 30, 2011, and to act on LP10-2082 to July 30,
2011. The proposed tolling agreements would also prohibit Verizon Wireless from seeking
a court order before June 30, 2011 on LP09-2037, and before July 30, 2011 on LP10-2082,
that would direct the County to act on the two applications. The proposed tolling agreement
on LP09-2037 would also toll the time for Verizon Wireless to seek a court order alleging a
violation of the Permit Streamlining Act to after June 30, 2011. This Board order also
authorizes the Director of Conservation and Development, or designee, to execute
extensions of the above time periods if necessary.
CONSEQUENCE OF NEGATIVE ACTION:
None.
CHILDREN'S IMPACT STATEMENT:
N/A.