Appeal for Conditional Use Permit PLN2023-00261
November 2, 2023 CITY CLERK
City Council NOV 0 3 2023
City of Fremont
3300 Capitol Avenue CITY OF FREMONT
Fremont, California 94538
Re: Conditional Use Permit PLN2023-00261 for AT&T & Ohlone College To Whom it May Concern:
AT&T Mobility c/o EPIC Wireless Group (Applicant), in collaboration with Fremont Newark Community College District (the Ohlone College), requested a Conditional Use Permit (CUP) to install an 80-ft tall wireless telecommunication facility plus a 900 square-foot equipment at 43600 Mission Boulevard.
On October 26, 2023, despite objections presented by members of the Mission Tierra Community (hereinafter "Appellant"), the Planning Commission approved the Conditional Use Permit (PLN2023-00261).
Appellant herein appeals the decision of the Planning Commission, and submits the below grounds for the appeal.
This appeal letter includes Appendices A - S, and is supported by all individuals who signed the petition sheet in Appendix S.
1. Grounds for appeal
#1: Under FCC guidelines, the City of Fremont has much freedom and power to regulate issues related to cell towers as long as it does not adopt its own radiation permissible exposure level.
The proposed cell tower will be at a location that is close to many residents (many of which have children and elderly), schools, and nearby businesses. Studies have shown that the higher the exposure to radiofrequency electromagnetic fields from radio base stations, the higher the mortality rate due to cancers (including breast, cervix, lung, and esophageal cancers)12. These studies have also confirmed concerns that living nearby cell towers increased risk for developing: headaches, memory problems, dizziness, depression, sleep problems, and infertility?.
The Federal Communications Commission (FCC) adopted radiation-frequency (RF) guidelines in 1996 that include a maximum permissible exposure level to the general https://ehtrust.org/cell-towers-and-cell-antennae/compilation-of-research-studies-on-cell-tower-radiation-and- health/
2 https://www.mainecoalitiontostopsmartmeters.org/wp-content/uploads/2016/02/Cell-Tower-Studies-Final.pdf 3 Id.
Appeal for Conditional Use Permit PLN2023-00261
public. Although the FCC prohibits cities from adopting their own maximum exposure levels, cities have much freedom and ability to regulate safety, aesthetic, and land use issues related to telecommunications facilities, including factors such as height and setback. Many cities have already taken measures to protect the public from harmful radiation in view of the recent studies and researches.
Indeed, many cities and school districts already have regulations to restrict how close cell tower antennas can be near homes and schools. For examples:
Palo Alto CA Unified School District passed Resolution No. 2018-19.19 to support 1500 ft setback and opposes cell tower on or in close proximity to schools to ensure individuals, especially children, are protected from the potential negative effects associated with radiation exposure.
Walnut City, CA, requires telecommunication towers and antennas to be at least 1500 feet from any school, trail, park, recreation area, sporting venues, and residential zones®.
Shelburne, MA, requires that no wireless antennas is to be within 3000 ft of schools and within 1500 ft of homes?.
Copake, NY, requires that no wireless facility is to be within 1500 ft from homes, schools, and churches?
Sallisaw, OK, requires no wireless telecommunications towers to be within 1500 ft of homes®.
The proposed new tower will be in the middle of, and in very close proximity to, various student and staff facilities. The location of the proposed cell tower by AT&T is only about 50 feet from Hyman Hall, about 90 feet from the police station, about 200 ft from the adjacent soccer field, and about 250 ft from the adjacent baseball field (Appendix A). The Hyman Hall has multiple classrooms in which students and faculties regularly occupy, and that is where students hold meetings. AT&T and the Ohlone College cannot have picked a worse location for the cell tower. The proposed cell tower is also merely about 700 ft from the nearest home in the Mission Tierra community (Appendix B). All of these distances are significantly shorter than the 1500 ft requirement adopted by many cities and school districts.
Also, there are already many antennas, including at least 18 small cell antennas, and three base stations / cell towers around the neighborhood (Appendix C). Needless to •https://cal4safetech.org/policies-%26-ordinances
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Appeal for Conditional Use Permit PLN2023-00261
say, the cumulative RF radiation from all of these antennas is already significant.
During the Plan Committee meeting, AT&T emphasized that the proposed cell tower is very "high power". However, adding this "high power" cell tower will significantly contribute to the overall radiation, thereby increasing the health risks of all those in nearby homes and businesses. In order to protect the quality of life for the residents in the nearby communities, Appellant respectfully requests that the City of Fremont rejects the proposed project in its entirety, or at least impose a 1500 ft distance requirement for the proposed cell tower location.
#2: There is no service gap in the Mission Tierra Area.
Under the federal law, the City of Fremont can deny AT&T"s project if the proposed facility is not necessary to fill a significant gap in the applicant's wireless network, or if the service gap to be filled by the proposed facility is not "significant".
According to AT&T's own website, it is currently providing 5G cell service that completely covers the areas of the Ohlone campus, the Mission Tierra Community, and the Mission Blvd, without any service gap (see Appendix D). In the wireless coverage map of Appendix D, the deep blue color represents extends of the 5G+ coverage provided by AT&T, and the entire area occupied by the Ohlone College and Mission Tierra Community is in the deep blue color.
Also, none of the residents in the Mission Tierra Community (e.g., those along the Mission Tierra Place) to the north of the Ohlone campus has any significant on-going issues with dropped calls or cell services. These residents regularly receive cell services throughout the day (including during peak hours), seven days a week. Also, these residents have some tolerance to poor service since cell signals used to be significantly weaker in the neighborhood. However, residents in the Mission Tierra Community have noticed a significant improvement and increase in cellular signals in the past few years. Accordingly, there is certainly no service gap in the Mission Tierra Community that is considered "significant".
AT&T has argued that the installation of the proposed cell tower will provide certain desirable coverage for the Ohlone College campus. While Appellant stipulates that adding a high power cell tower will certainly enhance the existing cell service, it does not mean that there is any significant service gap with the existing cell service. As marketed by AT&T (Appendix D), the entire area of the Ohlone campus and Mission Tierra Community is currently serviced by AT&T existing antennas without any service gap. This is contrary to AT&T's position that there is a significant service gap in an attempt to justify adding a new high power cell tower. AT&T either has misrepresented (and continues to misrepresent) to its 200 million subscribers regarding its actual 5G coverage, or misrepresented to the City of Fremont about the alleged significant service gap.
Furthermore, just because the proposed cell tower can improve an existing cell service that is already adequate (as evidenced from AT&T's own marketing material), it does
Appeal for Conditional Use Permit PLN2023-00261
not necessarily mean that there is a service gap, much less, a service gap that is deemed "significant". A desire to improve cell service cannot be equated as a significant service gap.
#3: The proposed facility is not the least intrusive means of filling the service gap.
Under the federal law, the City of Fremont can deny AT&T's project if the proposed facility is not the least intrusive means of filling the service gap.
As discussed in Sections 1 and 2, AT&T's proposed new tower will subject residents in the Mission Tierra Community to unnecessary added radiation. The new tower will also be a nuisance to visitors of the Ohlone campus and to the neighborhood (see Section 4), will involve removal of a large mature tree in violation of the Mission San Jose HOD Design Guidelines and Regulations (see Section 5), will lower the property values of nearby homes and businesses (see Section 6), and will be detrimental to the public safety (see Section 7). Thus, the proposed new tower is intrusive in many different ways.
The proposed new tower is certainly not the least intrusive means of filling the alleged service gap (which there is none as discussed in Section 2) in the Ohlone college campus and along Mission Blvd. There are many ways to provide cell service for these areas. For example, one or more smaller less powerful antenna(s) may be utilized to service these specific areas without affecting the residential neighborhood to the north of the Ohlone campus. If multiple less powerful antennas are utilized, they can be mounted to existing poles or existing buildings (like the one shown in Appendix E).
Other alternatives include utilizing micro cell antenna(s), and/or rooftop antenna(s). In yet another alternative, existing cell tower / base station like the one near the intersection of Mission Blvd. and Valley Vista Ct. (Appendix F), or any of the existing power towers near the south side of the Ohlone campus (Appendix G), may be utilized to mount additional antennas. Any of these alternatives would obviate the need to erect a new gigantic standalone structure and without the need to remove the existing eucalyptus tree, and therefore, will be less intrusive.
If a separate structure must be built, AT&T can also consider many more possible alternatives to the south of the currently proposed location, such as near the southwest corner of the baseball field, near the southeast corner of the baseball field, next to the trees near the tennis courts, anywhere around the swimming pool facility, near the northeast corner of the tennis courts, etc. All of these alternative solutions are less intrusive than the one being proposed by AT&T because they would be further south away from the Mission Terra neighborhood, thus allowing the Ohlone campus and the Mission Blvd to be serviced by the new tower without impacting the Mission Tierra Community.
AT&T has not demonstrated, and has not provided any convincing proof, that it had considered any of these solutions.
Appeal for Conditional Use Permit PLN2023-00261
In fact, during the Planning Commission meeting, AT&T admitted that it considered only two possible locations for the new tower because the Ohlone College provided only those two options. However, the cell tower project in question is a collaboration between AT&T and the Ohlone College, which has a financial interest in it. Therefore, AT&T and the Ohlone College are partnership with respect to this cell tower project, and AT&T cannot satisfy the "least intrusive" test by merely stating that it only considered 2 options with the Ohlone College.
The Ohlone College is operating in two adjoining parcels (Parcel numbers 513 074200100 and 513 074200200), which collectively occupy over approximately 4.4 million ft? of land, at least 1.1 million ft? of which is to the south of the proposed location between two residential communities (Appendix H). Any location within this enormous southern strip of land would be a less intrusive solution to the current proposal because it would be further away from the Mission Tierra Community.
The only 2 alternatives considered by AT&T and the Ohlone College clearly cannot represent all feasible alternatives. Just because AT&T and the Ohlone College collectively prefer a certain location for the new tower, it does not mean that it is the least intrusive means to satisfy the alleged service gap. Under the least intrusive test, AT&T and the Ohlone College should, at the minimum, consider all feasible alternatives, the relative coverage offered by the feasible alternatives (e.g., how much coverage an alternative can provide for the service gap in comparison with other feasible alternatives), and the relative intrusiveness resulted from the various feasible alternatives. Without these basic steps, the least intrusiveness means for satisfying the alleged service gap cannot be determined.
In view of the foregoing, the project should be denied because there are many less intrusive solutions for meeting the alleged service gap that have not been considered by AT&T and the Ohlone College.
#4: The 80-foot tower will be intrusive to the neighborhood.
AT&T's proposed facility includes (1) a huge fence enclosure (with green privacy slats) that is 30 ft x 30 ft wide at the base, and is 15 ft tall, (2) an artificial tree, (3) a support pole with an antenna system at the top end that is supposedly hidden by the artificial tree, and (4) various equipment including a 30-kW diesel generator with 190-gallon fuel tank surrounded by the fence enclosure (Appendices I, J). This proposed facility is intrusive to the public for several reasons.
First, the massive fence enclosure with green privacy slats at the base of the facility will be an eyesore to the public and will not aesthetically complement the surrounding architectural buildings. The massive fence structure will be right next to the Hyman Hall, which has a beige exterior with nice architectural features. The 15 ft-tall fence structure will take away the scenic environment surrounding the Hyman Hall, and will block sunlight and air in that general vicinity.
Appeal for Conditional Use Permit PLN2023-00261
The massive fence structure will also be directly next to two pedestrian walkways - one to the south, and another to the west of the Hyman Hall (Appendix K). This structure will block sunlight and view of the environment from the pedestrian. Any persons walking along these walkways will be appalled to see a massive enclosure extending 30 feet wide and 15 feet tall. The size of this structure is approximately equivalent to 8 massive shipping containers that are stacked in two levels (Appendix K).
The massive monolithic fence structure at the base of the cell tower is inconsistent with the nearby scenic environment, which includes a row of trees and a beautiful garden with nice plantation outside the Hyman Hall.
Also, the 30 kW diesel generator will be a nuisance to the public because it will output mechanical sound that will disrupt the students, and will take away the peaceful and calming nature of the existing environment.
AT&T submitted photo simulations in its project plan in an attempt to demonstrate that the proposed cell structure is not intrusive from several public views. However, the photo simulations are misleading and/or do not show the complete picture. This is because the photo simulations only show the proposed cell tower when viewed from afar. None of the photo simulations shows the massive fence enclosure at ground level, and they also do not show the fence enclosure from the perspective of pedestrians along the walkways outside the Hyman Hall.
Also, according to the engineering plan submitted by AT&T, the antenna system will be fully concealed by the artificial tree (Appendix I). However, it is believed that such document is also misleading. Existing stealth antenna towers are usually not completely concealed by the artificial tree. Instead, antenna-elements of a stealth antenna system usually are visible, and/or protrude out of the envelope of the artificial tree (see examples of actual photos of stealth antenna systems in Appendix L).
Based on the foregoing, it is clear that the design, location, size, and operating characteristics of the proposed cell structure are incompatible with the development in the vicinity, and the proposed cell tower will be intrusive to the public. #5: The removal of the existing mature tree to accommodate the new cell tower is in violation of the Mission San Jose HOD Design Guidelines and Regulations.
The Historical Architectural Review Board recommended the approval of the project to the Planning Commission based on its Staff Report dated September 7, 2023.
According to the Staff Report, the proposed facility allegedly "conforms to the Mission San Jose HOD landscape design guidelines, Section 11.3, which encourages using a type of tree that is similar or predominant to the landscaping of the area to promote continuity of the established landscape character"
Appeal for Conditional Use Permit PLN2023-00261
It is unclear what analysis, if any, was performed under Section 11.3, and what parameters were considered in reaching the conclusion of the Staff Report. In any case, a simple consideration of the facts of this case with respect to Section 11.3 would lead any reasonable person to conclude that AT&T's proposed project would be in violation with Section 11.3.
Section 11.3(a) of the Mission San Jose HOD Design Guidelines and Regulations states, inter alia:
"Healthy, mature trees which have a trunk diameter larger than 18 inches dbh ("diameter at breast height," measured 4 feet above the ground) and/or considered historic to the Mission San Jose District (see item c, below) should be_ preserved wherever possible." (Emphasis Added).
First, it should be noted that Section 11.3(a) is not limited to historic tree defined under subsection (c), but rather, applies to any healthy and mature tree that has a trunk diameter larger than 18 inches. This is evidenced by the term "and/or" in Section
11.3(a).
The new cell tower proposed by AT&T will require removal of a healthy and mature eucalyptus tree that has a trunk diameter of approximately 24 inches (Appendix M). As required by Section 11.3(a), this tree must be "preserved wherever possible".
Also, the Ohlone campus is sitting over 4.4 million ft? of land. In view of the significant number of alternative project locations offered by this vast strip of land, any reasonable person must conclude that it is possible to preserve the existing eucalyptus tree.
In view of the foregoing, Appellant submits that the proper analysis under Section
11.3(a) should result in the rejection of the proposed project.
Also, Section 11.3(b) of the Mission San Jose HOD Design Guidelines and Regulations states:
"Where project sites are located adjacent to or near such trees and plantings, the landscape plan for the project shall incorporate the same or similar varieties of trees and plannings to promote continuity of the established landscape character." (Emphasis Added).
A "tree" is defined as "the tallest form of plant floral diversity that is generally perennial, woody, and branched among other plant varieties"0 . Thus, a tree is a type of plant. On the other hand, the proposed facility by AT&T is a cell tower that is camouflaged by a man-made structure having tree-like geometries and colors. Thus, AT&T's proposed facility is certainly not a "tree" as referenced in Section 11.3(b). 10 https://www.biologyonline.com/dictionary/tree#:~:text=Biology%20definition%3A,herbs%2C%20shrubs%2C%20or %20trees.
Appeal for Conditional Use Permit PLN2023-00261
In addition, Appellant submits that replacing a beautiful, healthy, and protected eucalyptus tree with a fake plastic tree is hardly promoting "continuity of established landscape character" required under Section 11.3(b).
In summary, because implementation of AT&T's proposed cell tower would be in violation of both Sections 11.3(a) and 11.3(b) under the Mission San Jose HOD Design Guidelines and Regulations, the proposed project should be rejected". #6: The cell tower will lower property values.
If the proposed cell tower is built, it will significantly impact the property values of nearby homes and businesses, including those in the Mission Tierra Community.
Home buyers generally do not prefer to live near cell towers, and cell towers are known to stigmatize residential properties. That is one reason that the state of California requires disclosure of cell towers near properties to buyers (see Appendix N- Seller Property Questionnaire provided by California Association of Realtors, section K1).
According to The Appraisal Journal (Summer 2017, Volume LXXXV, Number 3), there is an estimate of 5%-25% drop in property value after a proposed cell tower is built.
Considering just 36 homes in the nearby community, the total property value of these homes is estimated to be about $107M according to Zillow.com (Appendix O).
Therefore, if the proposed AT&T cell tower is built, the loss in property value in this community will be approximately $11M based on 10% loss, and will be approximately $21M based on 20% loss.
#7: The cell tower can be detrimental to the public safety.
The proposed cell tower is a man-made structure, and therefore it needs to comply with existing building code. AT&T has not provided any information indicating that the proposed cell tower will meet all safety requirements under the building code.
Also, because the cell tower is a man-made structure that extends 80 feet tall, parts of the artificial tree (e.g., a branch) and antenna components can break off and fall due to wind force, wear-and-tear, environmental factors, and earthquake. Because the cell tower will be extremely close (within feet) to adjacent walkways and school building, it is certainly foreseeable for such falling hazard to cause significant bodily harm or even death.
The proposed cell tower comprises a 190-gallon fuel tank, which is a significant fire hazard. The Ohlone campus is next to Mission Peak and its surrounding hills, which are classified as "very high" or "high" fire hazard severity zones by the Office of the State Fire Marshal (osfm.fire.ca.gov) (Appendix P). The proposed location of the cell 1 Appellant notes that although both sections 11.3(a) and (b) are in violation here, a violation under either 11.3(a) or (b) would have sufficed as the basis for rejecting the proposed project.
Appeal for Conditional Use Permit PLN2023-00261
tower will be in close proximity to trees, to the Hyman Hall, and to nearby parking lot (which will contain flammable materials from combustion and electric vehicles - Appendix Q). Thus, the cell tower together with the large volume of fuel in the 190- gallon fuel tank will significantly increase the risk of fire, and will contribute to, or even accelerate, the spreading of fire.
ll. Reliefs sought
Because there is no significant service gap as admitted by AT&T through its marketing material, and as confirmed by residents in the Mission Tierra Community, and because many less intrusive means to address the alleged service gap has not been considered by AT&T and the Ohlone College, the approval of the Conditional Use Permit by the Plan Committee was improper. Accordingly, Appellant respectfully requests that the City Council revokes the Conditional Use Permit and stops the installation of the proposed cell tower.
If for some reasons that the above request cannot be granted, in order to reduce the loss of property values and to reduce the potential adverse health risks, Appellant requests that the City Council imposes at least a 1500 ft distance requirement so that the AT&T's proposed cell tower is at least this distance away from the nearest residential home in the Mission Tierra Community. Even with this distance requirement, there is still about 1.1 million ft? of the land between the Mission Tierra Community and the southern residential community, providing countless less intrusive alternatives for AT&T and the Ohlone College to consider (Appendix R). For example, simply moving the proposed tower location to the opposite side of the baseball court like that shown in Appendix R would be a less intrusive solution that meets the 1500 ft requirement.
Sincerely,
Sai Suri
Representative
Salil Suri
APPENDIX A
Proposed cell tower is very close to adjacent student facilities, including the Hyman Hall, soccer field, and baseball field
Hyman Hall
Ohlone College
Soccer Field
Gallaudet University
Regional Center
Ohlone
College
Runyon Field - Ohlone
College Softball Basebal
APPENDIX B
Proposed cell tower is only about 700 ft from nearest residential home in the Mission Tierra Community
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Hyman Hall
dai
Gallaudet University Regional Center
Witherly Ln Ohlone College Soccer Field
Tierra PI
Sai Travel
BUSIS DISSIN
S. SISTER Bridal ngh Law Firmi Witherly Ln Mission Bivd cion Bivd
APPENDIX C
Surrounding area already has at least 18 small cell antennas, and three base stations / cell towers
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Hey SUNDALE
MISSION SAN JOSE
A bone
SOUTH SUNDALE
MISSION HILLS
AMEROM MILES
BLACOW
GRIMMER
APPENDIX D
WEIDEL
BAYLANDS +
SG+ locations 4G LTE Partner Coverage
According to AT&T's own website, it is currently providing 5G cell service that completely covers the areas of the Ohlone campus, the Mission Tierra Community, and the Mission Bivd, without any service gap
APPENDIX E
Example of building-mounted antennas - which are less intrusive
APPENDIX F
Example of an existing base station (near the intersection of Mission Blvd. and Valley Vista Ct.) that can be utilized to mount additional antennas
APPENDIX G
Any of the existing power towers to the south side of the Ohlone campus can be used to mount antennas without the need to erect a 80-ft cell tower.
PG&E powerline
• Antenna on power tower
Current Proposal Existing power
Better Location (power tower) tower on campus
Existing Antenna on power tower
APPENDIX H
The Ohlone College is operating in two adjoining parcels (Area = 4.4 million ft?) Proposed cell tower
Spong Valley Trail
School
MISSION HILLS
Lat: 37.52440* N
Roadmap WKID: 4326 Lat/Long A Scale 1: 9,028
Lon: 121.91645' W | City of Fremont - GIS Dir
Any location in the 1.1 million ft' of land to the
south of the proposed location will be less intrusive
APPENDIX I
CCLOSOSO
MISSION BLVD
eat&t
No traine
0322000000 EPIC
PREMIARY:
NOT FOR
TA E RA
O MININAS
VEST ELEVATION SOUTH ELEVATION ELEVATIONS
A-3.1
APPENDIX J
CCL05050
MISSION BIVD
IN KONICA
•at&t
EPIC
PREUMNARY:
NOT FOR
CONSIRUCTION
EQUIPMENT PLAN
ECA PMENT
PLAN
A-1.4
30 kV Diesel Generator
with 190-gallon Fuel Tank
APPENDIX K
Cell tower enclosure structure is enormous, and is directly next to pedestrian walkways Staff Parking, Lot
Hyman Hall
Pedestrian
walkways
000
Gallaudet Universily
Regional Center
Ohio
Coll
Large cell tower enclosure
structure
Approximately equivalent to 8
8'6
of these shipping containers
stacked into 2 levels!
40°
APPENDIX L
Photos of actual stealth cell towers -
Antennas are usually exposed and are
visible despite them being integrated
with an artificial tree
APPENDIX M
This healthy mature eucalyptus tree is about 14 inch in trunk diameter measured at breast height (4-ft from ground). It is protected under Section 11.3 of the Mission San Jose HOD Design Guidelines and Regulations
APPENDIX N
CALIFORNIA
ASSOCIATION SELLER PROPERTY QUESTIONNAIRE
(C.A.R. Form SPQ, Revised 12/16)
OF REALTORS
This form is not a substitute for the Real Estate Transfer Disclosure Statement (TDS). It is used by the Seller to provide additional information when a TDS is completed. If Seller is exempt from completing a TDS, Seller should complete an Exempt Seller Disclosure
1. A.R. Form ESD) or may use this form instead.
Seller makes the following disclosures with regard to the real property or manufactured home described as Mar Vista Nelahborhood , Assessor's Parcel No
situated in , County of California ("Property").
and Seller. Unless otherwise specified in writing, Broker and any real estate licensee or other person working with or through Broker has not verified information provided by Seller. A real estate broker is qualified to advise on real estate transactions. If Seller or Buyer desires legal advice, they should consult an attorney.
III. Note to Seller: PURPOSE: To tell the Buyer about known material or significant items affecting the value or desirability of the Property and help to eliminate misunderstandings about the condition of the Property.
Answer based on actual knowledge and recollection at this time.
Something that you do not consider material or significant may be perceived differently by a Buyer.
Think about what you would want to know if you were buying the Property today.
Read the questions carefully and take your time.
If you do not understand how to answer a question, or what to disclose or how to make a disclosure in response to a question, whether on this form or a TDS, you should consult a real estate attorney in California of your choosing. A broker cannot answer the questions for you or advise you on the legal sufficiency of any answers or disclosures you provide.
IV. Note to Buyer: PURPOSE: To give you more information about known material or significant items affecting the value or desirability of the Property and help to eliminate misunderstandings about the condition of the Property.
Something that may be material or significant to you may not be perceived the same way by the Seller.
If something is important to you, be sure to put your concerns and questions in writing (C.A.R. form BMI).
Sellers can only disclose what they actually know. Seller may not know about all material or significant items.
Seller's disclosures are not a substitute for your own investigations, personal judgments or common sense.
V. SELLER AWARENESS: For each statement below, answer the question "Are you (Seller) aware of..." by checking either "Yes" or "No." Explain any "Yes" answers in the space provided or attach additional comments and check section VI.
A. STATUTORILY OR CONTRACTUALLY REQUIRED OR RELATED: ARE YOU (SELLER) AWARE OF...
1. Within the last 3 years, the death of an occupant of the Property upon the Property ....... [ ]Yes [ ]No An Ador from a antommant haalth offinial identifin the Dennery ge hains rantaminated hu K. NEIGHBORHOOD: ARE YOU (SELLER) AWARE OF...
1. Neighborhood noise, nuisance or other problems from sources such as, but not limited to, the following: neighbors, traffic, parking congestion, airplanes, trains, light rail, subway, trucks. business, buor, recrealonal facefus, restaur ors, el risit completes or talies, business, odor, recreational facilities, restaurants. parades, sporting events, fairs, neighborhood parties, litter, construction, air conditioning equipment, air compressors, generators, pool equipment or appliances, underground ga:
ipelines, cell ohone towers. hiah voltage transmission lines. or wildlife ] Yes () No Home seller is required to
disclose cell phone towers
APPENDIX O
Zillow estimate of property values in the Mission Tierra Community totaling $107 Million Loss in property value due to new tower = $11M to $21M
Mission TteraP
Mission Tierra Pi
fion Bivd
Siens
Missior 1E List
CARPENTER GOTHIC
LHONE SITE 1
indee!
KANG
Las Oivas Plaza NITE 20
TERRA PLACE
MICSION
HOLET FITE 3
COMMUNITY MAP
APPENDIX O
Index Lot # Zillow estimated home values (Mil $) 10% loss (Mil $) 20% loss (Mil $) 1 1 3.59 0.36 0.72
2 2 3.49 0.35 0.70
3 3.44 0.34 0.69
4 2.83 0.28
5 3.19 0.32
6 3.82 0.38
0.33 0.32
0.33 *0:=
10 0.39
0.34 0.31
13 0.36
14 14 0.33
15 15 0.34
16 17 0.34
17 21 0.36
18 22 0.33
19 20 0.34
20 19 0.37
21 18 0.33
22 16 0.33
23 33 0.23
24 32 0.21
25 31 0.19
26 30 0.21
27 29 0.19
28 28 0.24
29 23 0.25
30 24 0.24
31 25 0.24
32 26 0.27
33 27 0.22
34 X1 0.31
35 X2 0.32
36 X3 0.12
10.72 Total estimated home values of the 10% Drop = about $11 M 20% Drop = about $21 M Mission Tierra Community loss in property value loss in property value
APPENDIX P
Ohlone Campus is located next to "very high" or "high" fire hazard severity zones
ALAMEDA COUNTY FRAP
State Responsibility Area
Fire Hazard Severity Zones June 15, 2023
Hayward
Messne
Fire Hazard Severity Zones in Fire Protection Responsibility -o State Responsibility Area (SRA) Areas (non-SRAI 10
Very High 115.809 Acres Federal Responsibility Area
(FRA) Mometers
High 108,614 Acres Local Responsibility Arca Pojection: NAD B3 Callornia feale Alers (LRA) Scale: L315.000 at 11°x 17°
Moderate 27.566 Acres
Waterbody
tee Resources Code 4201-4201 drects the Calloria Oparent ef forevyans Fire PaReton (CAL FIRE) so man fee fuzara was Suse Pascondo Sean of click the as (SAi based on fuel lasting woe, fee weathet, and coser ee art faders present, induding areas aere wisd have been keit fed by the deportmed Reconnior matal
aa maja cause ef wide spread. These sanes, refered to an fire Haland Severity Zones (TS), custly a wildland atre as Moderate, High or Very hugh nformation and to ive harara based on the average hazard across the area incladed in the are. sit the interactiv Acess POr verior of the mage aristes//este lie sa ger/that-age. for mere informatin, chase vet the fresuerty Asked Questerd blesse cal 016633-7655 or smal SZemesthesign tps//eafm.v.cagov/Thererscalthe Qf code at right. I you have father a sion Saris Newsone Govers Sale of Callersi Dits Souces
APPENDIX Q
The cell tower will be in close proximity to this nearby parking lot, which contains flammable materials from combustion and electric vehicles
APPENDIX R
Mission Tierra
Community
* HuddlesonS
Olivos Count Alsion
'ma Yoichi
LoopRa
College Store
AT&T's proposed
location of new
Spring
Museum of Local History tower
Ohlone College
Ohlone Building 7 Drop
College
Mission Bive Pine Sta
About 1.1 M ft' of
Mission Peak Reilhead land available
• Ohlone College
ir Salon
Better location that is less
Ellsworth St UMI TEA & RAMEN
intrusive and is about
pine St 1500ft from both
residential communities
Lurene MathSeed -
Fremont Mission
Ct
Meadows
Residential
Golden State Realty Community
APPENDIX S
(Petition Signatures)
NAME SIGNATURE DATE ADDRESS
AL Gu 10/31/23 183 Mission Tierra PL.
June Wang 10/31/23
Nalshi Yu Moh 10/31/23 4340), misson dena
YuAN X4 Youe 10/31/7) ErEMOnt. CA 91531
DARPAN DINKER Larpan 10/31/23 98 Mision Tiessa ll, Fressnt BharnA SiNGH singh 10/31/23
parid Wong |10/31 |23 43411 Mission Siena Circe
AMIr GUPTA 10/31/23 43427 MISSION SIREE
SEEMA GUPTA 10/3|/23 43427 MISCON Si ENUA CIR
Elly Char 102123 11l Mission SienaTer
Nathan Chan 10/31/23 III Mission Siena Ter
John Chan Sul Lie 10/31/23 Ill Missimn siena Tor
Vanessa shing 10/21/23 43408 Miliun Sieng Cir
LOUISA SHIN 10/31/23 43408 MISSIO SIENA CIK
Jouson Sm 10/31/23 (43 MissiraTiena
RAJIU AREOL 10/31/23 206 MISSION TIRRE
PRERNA ARBRN PAnore To/31)23 206 MISSION TIERA
TSUNGLU STU 11/1/23 203 MISSION TIERRA
NAME SIGNATURE DATE ADDRESS
Armeran Kalyanpur 10-31-23 303 Mission Tierra Pl
remont CA 14539
BHARAT KALYANPUR BKakapa 10•31-23 03 MISSION TIERA
303 MISSION TIERRA PL
MANVEEN KALYANPUR 10•31.23 FREMONT CA 94539
Maria Victoria some more 10/31/23 180 WitherlyLn Ca 9us34 Mary Mane de Mary 10.31.23 620 witherly La CATS
279453
Monica Bowdito Candida 10/3123 43430 Mission Blud
F Prep 101311 23 13430 Mision AlVD quas
Yvette Sandoval 10/31/23 43430 mission RivDl
KIM CHEN coral cons 10/31/23 283 Mission Tessa PL
ANNA ZHANG Ague 3V 10 31/23 → Mission Terra P.
Then ars 10/31/16 zazMissiontierpall
SPENIK MEHTA Sec Mele 1031/23 306 Mission Tiena Prece
Eugene Nang 10/31/23 323 Mission TienaPl
Sing Woo Sibil 10131123323 MiSSion TerraP
Lubna Suri 10/31/23216 Mission Tilar
SALIL SURI 10/31/23 266 MIssION TIERRA
Shyla Suri 10/31/23 266 Mission Tierra
Oma Suri 10/31/23266 MISSION TIersa PL
SATYA SURI SPSmiT 10/31/23,266 MISSION TERRAPL
NAME SIGNATURE DATE ADDRESS
Ratna Sie Pachal 10.31.23 246 Missian Tiera Pl.
farren Chu 10/2//27
Hanus CHel 10/31/23 43625 Mission Blva * 204
Jeny Bassi temura 94534
Sawiji 10 /31/23 43620 Elleworth St.
Zahra Samji Fremont, LA 94539
43625 missisn Kanlot
mozdeh Shajar 10:31.23 FRE CA4434
43625 missin C01 x20C
maste nan Dante TEMen!
BGad 10/31/23 13625 Meşsan BIrd | Jk z0:
remint CA 9453'
10/31/23 246 Mission Trerra Pl.
Francisca Anggawidjaja Fremont CA / 94539
futer 246 Missin Tiera
IRWAN SIE 10/31/23
David Sie 10/31/28
27625 MiSSIEMBRUD 208
HERBEET CHiU 11/1/23 FREMONT CA9UE39
Mat Kasl 11/1/23 13625 Mission Blueh # 204
Niede Kandal Fremont CA, 99539
1/1/23 413b8 DANZUN CHAn
LiNDULiA ZD 2 FpM2t CA P453
1/1/23 43125 missio Blud
Ynsbeng k.Lin yashesvat #. 201, Fremont-OA
Danel 1/113) 13625 Nissin Blud 170
Darrell Ny eni d 457
·580 kidın • club Ct
Betty Tsary Bet "/1/27 Hannara NICA 845Y
123 AMMo Dr. Wion
Stephania Baumaun //1/23
45625 Missir plud Stezos
Emilia lon 11/23
Jackie Danel Fugen "/1123 FrEMONT DA 94539
NAME SIGNATURE DATE ADDRESS
RAKMOND TAm (пунйций +l1202343443 MISSION STEMA CIN
KATHERINE TAM (1112023-43443 MISSIONSIENA CIR
ANDREA TAM Frappur 1/1/2073 4443 MISSIONSTENA CIR
Chan Li 141/203343451 Mission Siendt
HSNMO LU V V/1 12073 43451 MISSON SION)
Wilsan Fu 4/1/=23245 s fe7SSk
Фанте Y 1/1/23 nes MExim Tina
ELNA MEHTA SiNa MeLta 1123 306 Mission Teira
Singh Law Firm singh law Film 11/223 43480 Missicn Bird.
FawrA Chen t-A Ch 283 MissconTrenetÇ
VANDANA LAUNGANI X. Laum 1/2123/63 mission Tienati
DiLiP LAUNGAN D'n Lanyu 1/2/23
11|2/23
Gerald Chan 11/2/23 43401 Olivos Ct
Aman An Awiz Ar 11/2/23
NAME SIGNATURE DATE ADDRESS
43625 Mission Blvd #208
Shaowen Gao 11/1/2023 Fremont : CA94539
Michael wang 43480 Mistion Blvd. #160
1/2/2023 Femot, CA 94539
4348 HISS/O FLUD. #1100
/1/2/2023 FREONT, CA 94539
1/2/ 2023 130 ANZA • St
Rosic Hernandez Eremona CA 94$39
JRVing 1112/2023 48547 mission
+3625 Miesion Ich
KRiSHINA NEGURiRi Nefn 11|2|23 #105 REMONT A453
(10/31/23 43412 OLIVOS CT
Rakesh Guliani Que
KE mINeS
Kavita Guliani 3412 OLIVOS C
xCvils; 10/31/23 FREMANT CA
Ashna Guliani L34IL OLIVOS CT
astime, 10) 31 23
FRFMOMT, CA
Rhea Guliam 13412 aLI vOS Ca
16/31/23 RISmAG, CF
2.M.1. Val Emur Vilar 10/31/23 43411 ofvor et
Mallasa Vela 10/91/23
Pablo Monterres 11/1/23 118 hission Fieria Plane
11|1/23 118 Mission Tiena Pl.
Shellay Chon
Amy Liang Ba "%or 129 Anzast. Fremon
William Ren wRen 263 Mission Tierra1
JESSE DANCTTRAN 111 CalifoRnia Claft BeeR
Alan Vien slaVia 43402 Olivos Ct.,Fremont 94539