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File Number: 25-020 After closing the public hearing, the Commission raised questions regarding the limited authority the City has in reviewing cell tower applications, which legal counsel addressed and clarified. The deliberation then focused on the impact that the RF emissions could have on the subject property and the northerly adjacent property, which are both Housing Element opportunity sites. The discussion addressed whether RF emissions because of the project could negatively affect residents of future housing developments. Following deliberation, the Planning Commission approved the project, with additional conditions of approval to address the concerns. Conditions of Approval numbers 57 and 58 were added to the resolution, requiring that the facility provide an EME report 30 days after activation - and every year for five years - and that if a future EME report identifies that the project violates the FCC standards within any adjacent or neighboring residential building, that the applicant shall adjust the facility until the emissions in the residential building do not exceed FCC standards. Basis of Appeal The appeal was submitted by Wayne Daniel Russo Jr., the owner of the parcel adjacent to 440 Peralta Avenue. The appeal raises six main arguments: 1) Mr. Russo was not notified of the Planning Commission’s public hearing, 2) the proposed wireless facility raises health concerns due to RF exposure and the FCC’s regulations are inadequate, 3) the proposed facility interferes with Mr. Russo’s planned development of 523 San Leandro Blvd., 4) the height and appearance of the tower are incompatible with the neighborhood’s aesthetic character, 5) the proposed facility’s height and structure poses potential hazards in the event of an earthquake or extreme weather conditions, and 6) the City has not conducted sufficient environmental review since an environmental impact report (EIR) was not prepared. City staff believes none of these arguments have merit, for the reasons discussed below. First, the City sent notice of the Planning Commission’s public hearing ten days before the hearing to all property owners within five hundred feet (500') of the project site, including Mr. Russo, and also posted notice of the hearing in three different locations, including at the project site. Notices were sent to the addresses on file with the County Tax Assessor. Notice was provided in the manner required by San Leandro Zoning Code Section 5.08.116. Even if the notice was lost in the mail, the City satisfied its notice obligations by mailing and posting notice in this manner. Second, the project complies with the FCC’s RF emissions regulations, and therefore Federal Law prohibits the City from denying the project on that basis. The applicant submitted an EME Report showing the proposed facility complies with the FCC’s standards. The report indicates that there are certain locations surrounding the proposed monopole where the FCC’s RF standard for accessible areas is violated. However, those locations are more than fifty feet (50') in the air and not accessible to the public, and therefore the regulations are not currently violated. In the future, if there is a proposal to develop a structure with a height greater than 30 feet on the adjacent property, the applicant is responsible for conducting a new Radio-Frequency Compliance Report to analyze the impact of the proposed development and, if necessary, modifying the wireless facility within 90 days to ensure that RF standards are met before anyone Page 6 City of San Leandro Printed on 9/4/2025