Resolution 13552CITY OF ALAMEDA RESOLUTION NO.13552
SUSTAINING THE PLANNING BOARD'S APPROVAL OF AN EXTENSION OF USE PERMIT
FOR AMERICAN TOWER CORPORATION, AND DENYING APPEAL BY BONNIE WATERS,
740 CENTRAL AVENUE, WASHINGTON PARK
WHEREAS, on July 11, 2001, American Tower Corporation filed an application for Use
Permit UP01 -022 to allow installation of a wireless (cellular) communication antenna structure in
northwestern Washington Park at 740 Central Avenue; and
WHEREAS, on November 13, 2001, the Planning Board reviewed and approved an Initial
Study with Mitigated Negative Declaration for this Use Permit and for three other Use Permits at
sites in Alameda, under the California Environmental Quality Act, finding no significant
environmental effects after mitigation; and
WHEREAS, on November 13, 2001 the Planning Board held a public hearing and approved
UP01 -022; and
WHEREAS, on November 12, 2002, the Planning Board considered the applicant's request
for a one -year extension of time to vest the Use Permit, to November 13, 2003, and after conducting
a public hearing, approved the one year extension of time to vest Use Permit UP01 -022; and
WHEREAS, on November 21, 2002 Bonnie Waters timely filed an appeal; and
WHEREAS, on January 7, 2003 the City Council considered the appeal and examined
pertinent maps, drawings, documents and testimony and after finding no merit to the bases of appeal,
upheld the Planning Board's determination.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Alameda
upholds and sustains the Planning Board's determination that the Use Permit should be extended
based upon the findings in the record that the Federal Telecommunications Act of 1996 preempts the
City from granting the appeal on the sole basis of the appeal, and that after public hearing the City
Council has not determined any other basis of appeal to deny extension of time for the applicant to
install the telecommunications tower in Washington Park.
NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil
Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this
decision or final action on any appeals plus extensions authorized by California Code of Civil
Procedure Section 1094.6.
NOTICE. The conditions of project approval set forth herein include certain fees and other
exactions. Pursuant to Government Code Section 66020(d)(1), these Conditions constitute written
notice of a statement of the amount of such fees, and a description of the dedications, reservations
and exactions. The applicant is hereby further notified that the 90 day appeal period in which the
applicant may protest these fees and other exactions, pursuant to Government Code Section 66020(a)
has begun. If the applicant fails to file a protest within this 90 day period complying with all the
requirements of Section 66020, the applicant will be legally barred from later challenging such fees
or exactions.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 21st
day of January, 2003, by the following vote to wit:
AYES: Councilmembers Daysog, DeWitt, and Matarrese - 3.
NOES: Councilmember Kerr - 1.
ABSENT: Mayor Johnson - 1.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this
22nd day of January, 2003.
i � b
Lara Weisiger, City derk
City of Alameda