HomeMy WebLinkAboutMINUTES - 07242012 - C.55RECOMMENDATION(S):
APPROVE and AUTHORIZE the Director of Conservation and Development, or designee, to execute a tolling
agreement with Verizon Wireless to extend the time to act on the permit application for the wireless
telecommunication facility proposed for 2491 San Miguel Drive (Walnut Creek area).
FISCAL IMPACT:
None.
BACKGROUND:
Verizon Wireless (GTE Mobilnet of California Limited Partnership) has filed a land use permit application to
construct a wireless telecommunication facility at 2491 San Miguel Drive (LP12-2011) in the Walnut Creek area.
The application was filed with the County on February 28, 2012.
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 applications, and 150 days for all other applications, is
authorized to seek judicial review within 30 days on the basis that a state or local
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/24/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
ABSENT:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Contact: Aruna Bhat, (925) 674-7784
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: July 24, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Carrie Del Bonta, Deputy
cc: Thomas L. Geiger, Pamela Nobel
C. 55
To:Board of Supervisors
From:Catherine Kutsuris
Date:July 24, 2012
Contra
Costa
County
Subject:Tolling Agreement with Verizon Wireless
BACKGROUND: (CONT'D)
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 the application have not yet been scheduled before the County
Zoning Administrator.
The proposed tolling agreement would extend the time for the County Zoning Administrator to act on the application
to November 30, 2012, and would prohibit Verizon Wireless from seeking a court order before November 30, 2012
directing the County to act on that application, and would toll the time for Verizon Wireless to assert any claim
alleging a violation of the Permit Streamlining Act (Govt. Code, § 65920 et seq.) to a date after November 30, 2012.
This Board order also authorizes the Director of Conservation and Development, or designee, to execute extensions of
the above time period if necessary.
CONSEQUENCE OF NEGATIVE ACTION:
None.
CHILDREN'S IMPACT STATEMENT:
N/A.