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1 January 5, 2025 By Electronic Mail To: Mayor Juan González III, Vice Mayor Fred Simon, Councilmember Victor Aguilar, Jr.,Councilmember Bryan Azevedo, Councilmember Dylan Boldt, Councilmember Xouhoa Bowen and Councilmember Sbeydeh Viveros-Walton (CityCouncil@sanleandro.org) From: Ariel Strauss, Of-Counsel, Greenfire Law, P.C., on behalf of Wayne Daniel Russo, Jr. Subject: Letter Detailing Basis to Deny a CUP for 80-Foot Macro Tower on 440 Peralta Ave. (Agenda Item 8a) Dear Honorable Mayor González, Vice Mayor Simon and Councilmembers Aguilar, Azevedo, Boldt, Bowen and Viveros-Walton: Through Greenfire Law, P.C., I am legal counsel to Wayne Daniel Russo, Jr., the owner of 523 San Leandro Blvd., in connection with appeal of the Conditional Use Permit (PLN23-0031) for a new 80-foot AT&T Wireless Telecommunications Facility applied for by Tower Engineering Professionals (the Applicant) for 440 Peralta Ave. My practice specializes in land use and telecommunications law. I am writing to request that the City uphold the appeal and deny the CUP because the tower as proposed is inconsistent with the City’s General Plan and federal law does not obligate the City to approve the facility. Mr. Russo’s appeal raised the following objections in his notice of appeal: 1)Denial of due process due to failure to receive notice of the Planning Commission hearing. 2)Allowing the propagation of radiofrequency emissions (RF) in excess of the human exposure limits set by the Federal Communication Commission (FCC) at the altitude of intended residential development is unacceptable from a public health standpoint, deter potential residents, reduce property values and interferes with the City’s housing objectives. Ariel Strauss, Of-Counsel 2001 Addison Street, Suite 300 Berkeley, CA 94704 Phone: (510) 900-9502 x 702 Email: astrauss@greenfirelaw.com www.greenfirelaw.com Att B - Page 21 of 46