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File Number: 25-001 demonstrates that 80 feet (80') is the minimum height needed to provide effective wireless service in the target coverage area and close the significant coverage gap. Accordingly, the City is prohibited from denying the proposed monopine unless it can show the alternative sites analysis is incorrect. Fourth, since the applicant has demonstrated that the proposed facility is necessary to close a significant coverage gap, federal law does not allow the City to consider Mr. Russo’s future plans for his property or the project’s impact on property values when considering the proposed facility. As stated above, if Mr. Russo constructs a project that causes the monopine to violate RF Emissions standards, the applicant will be responsible for rectifying that issue. Fifth, there is no need to prepare an environmental impact report for this project. CEQA Guidelines Section 15303 exempts the new construction of small structures from further environmental review. Courts have previously held that this exemption may be used for new wireless facilities similar to the proposed project (See Don't Cell Our Parks v. City of San Diego (2018) 21 Cal. App. 5th 338 .) For these reasons, and because of the Findings of Fact stated above, staff recommends that the City Council reject the appeal and affirm the Planning Commission’s approval of the Conditional Use Permit, subject to the recommended Conditions of Approval. ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303, New Construction or Conversion of Small Structures. PUBLIC OUTREACH A notice of public hearing was published for this project in the East Bay Times Daily Review newspaper, mailed to property owners within 500 feet of the subject property, and posted at the Project Site and City Hall on Friday, December 20, 2024 . RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution, which rejects the appeal and affirms the Planning Commission’s approval of the Conditional Use Permit to build an 80-foot high Wireless Telecommunications Facility at 440 Peralta Avenue (PLN23-0031), based on the recommended Findings of Fact and subject to the recommended Conditions of Approval . ATTACHMENTS A.Resolution No. 2025 -XXX Rejecting the Appeal (PLN24-0040) and Approving PLN23- 0031 Attachment A, Exhibit A: Project Statement Attachment A, Exhibit B: Project Plans (with Manufacturer’s Specification Sheets) Page 7 City of San Leandro Printed on 9/4/2025