HomeMy WebLinkAboutMINUTES - 05062014 - C.24RECOMMENDATION(S):
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a tolling
agreement with AT&T Mobility to extend the time to act on the permit application for a new wireless
telecommunication facility proposed within the Oakley area from April 5, 2014 to June 16, 2014.
APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute extensions of the
above time period if necessary.
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 filed a land use permit application (County File #LP13-2099) to construct a new wireless
telecommunication facility on the property identified as 725 Delta Road in the Oakley area. The application was filed
with the Department of Conservation and Development on September 4, 2013.
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 permitting authority did
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/06/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Ruben Hernandez,
674-7785
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: May 6, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 24
To:Board of Supervisors
From:Catherine Kutsuris, Conservation and Development Director
Date:May 6, 2014
Contra
Costa
County
Subject:Tolling Agreement with AT&T Mobility
BACKGROUND: (CONT'D)
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.) Staff anticipates this application will be scheduled for a hearing before the County Zoning
Administrator on June 2, 2014.
The proposed tolling agreement would extend the time for the County Zoning Administrator to act on the application
to June 16, 2014, and would prohibit AT&T Mobility from seeking a court order before June 16, 2014, directing the
County to act on the application, 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 June 16, 2014.
This Board Order authorizes the Conservation and Development Director, or designee, to execute extensions of the
above time period if necessary.
CONSEQUENCE OF NEGATIVE ACTION:
The County would not enter into a tolling agreement with AT&T Mobility. There could be possible litigation over
whether the permit application was acted upon in a timely manner.
CHILDREN'S IMPACT STATEMENT:
None.