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Reso 2025-008 Rejecting Appeal (PLN24-0040)
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Reso 2025-008 Rejecting Appeal (PLN24-0040)
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2/24/2025 10:05:23 AM
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2/24/2025 10:05:21 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
1/21/2025
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PERM
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8A Public Hearings
(Amended by)
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\City Clerk\City Council\Agenda Packets\2025\Packet 20250121
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<br />RESOLUTION NO. 2025-008 3 <br />2. Scope of Work. The approval of this Conditional Use Permit allows for the construction of an 80-foot <br />high Wireless Telecommunications Facility (monopole camouflaged as a pine tree and related <br />equipment) at 440 Peralta Avenue. APN: 075-0225-001-04. Zoning District: DA-2. <br />3. Modifications. The project shall remain in substantial compliance with the approved Plans, Exhibits, <br />and Conditions of Approval. Proposed changes to the project shall be made in writing to the Zoning <br />Enforcement Official. If the Zoning Enforcement Official determines that the requested changes are <br />minor and do not include substantial alterations to the Conditional Use Permit approval or conditions <br />of approval and are consistent with the intent of the original Conditional Use Permit approval, the <br />Zoning Enforcement Official may approve the changes or may refer the proposed changes to the <br />Planning Commission. The Planning Commission may either approve or conditionally approve the <br />requested changes or determine that the proposed changes shall be treated as a new application for <br />a Conditional Use Permit approval. Decisions of the Planning Commission may be appealed in <br />accord with Zoning Code Chapter 5.20 Appeals. <br />4. Effective Date. The project approval shall become effective on the 15th day after the date the Planning <br />Commission approves the project, unless appealed, as provided in Zoning Code Chapter 5.20. <br />5. Expiration Date. This approval shall expire after two years from Planning Commission approval, <br />unless, pursuant to Zoning Code Section 5.08.136, a building permit has been issued, coupled with <br />diligent progress evidencing a good faith intent to commence the intended use; or the use is <br />established; or approval is granted a one-year extension by the Zoning Enforcement Official upon <br />receipt of a written application with the required fee within the time period specified by the review <br />authority, or two years of the date of the approval; or upon discontinuance of work on a project or <br />expiration of a building permit. Application for renewal shall be made in writing to the Zoning <br />Enforcement Official not less than 30 days or more than 120 days prior to the expiration of the <br />Conditional Use Permit approval. Denial of a request for renewal of the Conditional Use Permit <br />approval may be appealed. <br />6. Revocation. In accordance with Zoning Code Section 5.24.108, upon determination by the Zoning <br />Enforcement Official that there are reasonable grounds for revocation of this approval, a revocation <br />hearing shall be set by the Zoning Enforcement Official before the Planning Commission. <br />7. Compliance with Zoning Code. Prior to permit issuance, the Applicant/Owner shall demonstrate <br />that the Project complies with all minimum requirements of the San Leandro Zoning Code. <br />8. Access to Conditions of Approval. These Conditions of Approval shall be made available and <br />accessible to all property owners and occupants on the property. <br />9. Successors in Interest. These conditions of approval shall run with the land and the <br />Applicant/Owner shall be responsible for ensuring that any heirs, executors, administrators, and <br />successors in interest who assumes responsibility for this approval are informed of its terms and <br />conditions.
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