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HomeMy WebLinkAboutC-3039 \oo - ; MACKENZIE & ALBRITTON LLP 220 SANSOME STREET,14TH FLOOR SAN FRANCISCO,CALIFORNIA 94104 TELEPHONE 415/288-4000 FACSIMILE 415/288-4010 May 5,2016 • VIA EMAIL Stephen Deitsch, Esq. City Attorney, City of Arcadia Best Best&Kreiger 2855 East Guasti Road Suite 400 Ontario, California 91761 Re: Verizon Wireless Application CUP 15-03,ADR 15-06,W 15-01 Wireless Telecommunications Facility, 1881 South First Avenue Request for Waiver of Arcadia Municipal Code § 9295.16(B) and Agreement to Establish August 16,2016 as the Earliest Date to Commence Applicable 30 Day Limitations Period Under 47 USC § 332(c)(7)(B)(v) Dear Stephen: We write to you on behalf of our client Los Angeles SMSA Limited Partnership, d/b/a Verizon Wireless ("Verizon Wireless") with respect to the above-referenced application for a wireless telecommunication facility (the"Application"). On March 29, 2016,Verizon Wireless appealed the Planning Commission denial of the Application. In order to accommodate an appeal hearing before the City Council on July 19,2016, Verizon Wireless requests that the City of Arcadia (the"City") waive the requirement of Arcadia Municipal Code § 9295.16(B) that an appeal hearing be scheduled not more than 40 calendar days after filing of the appeal. Verizon Wireless also desires to enter into agreement with the City to establish the earliest date to commence the applicable 30 day limitations period for any action brought by Verizon Wireless under 47 USC § 332(c)(7)(B)(v). In order to allow the City to act on Verizon Wireless' appeal of the Application without either party risking the loss of important rights,the parties agree to waive the requirement of Arcadia Municipal Code § 9295.16(B) and establish by mutual agreement July 19,2016 as the date to hold an appeal hearing before the City Council,and August 16,2016 as the earliest date to commence the applicable 30 day limitations period for any action brought by Verizon Wireless under 47 USC § 332(c)(7)(B)(v). Verizon Wireless acknowledges that these time periods may need to be further extended if the Application. is substantially revised in a manner that warrants further review by the Planning Commission. Stephen Deitsch, Esq. City of Arcadia May 5,2016 Page 2 of 2 This letter agreement shall not be construed as an admission by the City that it has failed to act on the Application within a reasonable period of time in accordance with the time periods and procedures established by In re Petition for Declaratory Ruling,24 FCC Rcd. 13994 (2009) and In the Matter of Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies,Report and Order, 29 FCC Rcd. 12865 (2014) ("Applicable FCC Decisions"),that City Council action on the appeal of the Application is required by August 16,2016,or that the City has otherwise violated the Telecommunications Act,nor shall it be construed to waive or otherwise impair the rights of either party with respect to any such claim. In addition,this letter agreement shall not be construed to waive any claims by the City regarding the validity or applicability of the requirements and deadlines established by the Applicable FCC Decisions in general or in respect of the Application. Similarly,this letter agreement is not intended to imply or assure any particular outcome of the City Council's review of the Application. If you agree,this letter agreement may be executed in counterparts,and scanned or facsimile signatures shall be deemed equivalent to original signatures. I will appreciate your returning a countersigned copy to me at your earliest convenience. Sincerely, eaGe-e Paul B.Albritton cc: Jim Kasama Jeff Hamilton ACCEPTED AND AGREED TO: City of Arcadia By: Printed name: Dominic Lazzaretto Title: City Manager