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PC Resolution No. 2024-XXX November 7, 2024 <br /> <br /> <br /> <br /> <br />PLN23-0031 Attachment 1 - Page 3 of 15 440 Peralta Avenue <br />a. Exhibit A: Project Statement <br />b. Exhibit B: Project Plans <br />2. Scope of Work. The approval of this Conditional Use Permit allows for the <br />construction of an 80-foot high Wireless Telecommunications Facility (monopole <br />camouflaged as a pine tree and related equipment) at 440 Peralta Avenue. APN: <br />075-0225-001-04. Zoning District: DA-2. <br />3. Modifications. The project shall remain in substantial compliance with the approved <br />Plans, Exhibits, and Conditions of Approval. Proposed changes to the project shall <br />be made in writing to the Zoning Enforcement Official. If the Zoning Enforcement <br />Official determines that the requested changes are minor and do not include <br />substantial alterations to the Conditional Use Permit approval or conditions of <br />approval and are consistent with the intent of the original Conditional Use Permit <br />approval, the Zoning Enforcement Official may approve the changes or may refer <br />the proposed changes to the Planning Commission. The Planning Commission may <br />either approve or conditionally approve the requested changes or determine that the <br />proposed changes shall be treated as a new application for a Conditional Use Permit <br />approval. Decisions of the Planning Commission may be appealed in accord with <br />Zoning Code Chapter 5.20 Appeals. <br />4. Effective Date. The project approval shall become effective on the 15th day after <br />the date the Planning Commission approves the project, unless appealed, as <br />provided in Zoning Code Chapter 5.20. <br />5. Expiration Date. This approval shall expire after two years from Planning <br />Commission approval, unless, pursuant to Zoning Code Section 5.08.136, a building <br />permit has been issued, coupled with diligent progress evidencing a good faith intent <br />to commence the intended use; or the use is established; or approval is granted a <br />one-year extension by the Zoning Enforcement Official upon receipt of a written <br />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 <br />on a project or expiration of a building permit. Application for renewal shall be made <br />in writing to the Zoning Enforcement Official not less than 30 days or more than 120 <br />days prior to the expiration of the Conditional Use Permit approval. Denial of a <br />request for renewal of the Conditional Use Permit approval may be appealed. <br />6. Revocation. In accordance with Zoning Code Section 5.24.108, upon determination <br />by the Zoning Enforcement Official that there are reasonable grounds for revocation <br />of this approval, a revocation hearing shall be set by the Zoning Enforcement Official <br />before the Planning Commission. <br />7. Compliance with Zoning Code. Prior to permit issuance, the Applicant/Owner shall <br />demonstrate that the Project complies with all minimum requirements of the San <br />Leandro Zoning Code.