HomeMy WebLinkAboutMINUTES - 06252013 - C.153RECOMMENDATION(S):
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a tolling
agreement with New Cingular Wireless (AT&T Mobility) to extend the time to act on the permit applications for nine
wireless telecommunication facilities proposed within the Kensington area to October 3, 2013.
FISCAL IMPACT:
None. The applicant has paid the necessary application processing fees and is obligated to pay supplemental fees to
recover any and all additional staff time and materials costs associated with the application processing.
BACKGROUND:
AT&T Mobility has filed nine land use permit applications to construct nine separate wireless telecommunication
facilities within the Kensington area (County File Numbers LP13-2007 through LP13-2011 and LP13-2017 through
LP13-2020). The applications were filed with the County on January 14, 2013, and January 24, 2013.
Under a ruling of the Federal
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/25/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Francisco Avila, (925)
674-7801
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: June 25, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc: Thomas L. Geiger, Amanda Monchamp
C.153
To:Board of Supervisors
From:Catherine Kutsuris, Conservation and Development Director
Date:June 25, 2013
Contra
Costa
County
Subject:Tolling Agreement with AT&T Mobility
BACKGROUND: (CONT'D)
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 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 applications have not yet been scheduled before the County Planning Commission.
The proposed tolling agreement would extend the time for the County Planning Commission to act on the
applications to October 3, 2013, and would prohibit AT&T Mobility from seeking a court order before October 3,
2013, directing the County to act on the applications, and would toll the time for AT&T Mobility to assert any claim
alleging a violation of the Permit Streamlining Act (Govt. Code, § 65920 et seq.) to a date after October 3, 2013.
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