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Appeal Application

City Council and Authorities Concurrent
February 25, 2025

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Appeal Application
Meeting
February 25, 2025
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City Council and Authorities Concurrent
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. Cityof
Pfenning Division: (408) 615-2450
Email: g)[email protected]~,90:t:
~antaCl~ra
!Planning Aooeel Form
Instructions
Use this form to appeal a decision made at the Development Review Hearing or Planning Comm ission. All appeal• must be flied with the Planning Division within HV■n calendar days of the action being appealed.

Appeals from the Development Review Hearing are made to the Planning Comm ission (fOI' single-family residential projects) or to the City Council (for projects other than single ­ fam ily residential projects) and will be set for hearing on the next available agenda.

Appeals from the Planning Commi ssion are made to the City Council and will be placed on a subsequent City Council Agenda . Please contact the Planning Division at the number listed above with any inquiries about the process.

Applicat ions will be filed through the City 's Permittm g Oo)me Porta). You will need to register for an account to file. Applications may also be filed in person at the Permit Center , City Hall, 1500 Warburton Avenue, Santa Clara.

Information submitted on this form is public record.

Appeal F-
Appeal fees are set by the Municipal Code of the City of Santa Clara and are subject to annual review . Submitted appeals will be invoiced by staff for payment . Fee payment must be received by the City of Santa Ciani before this form 1ubmlttal can be certified as complete.

Appellant Declanitlon
Name, Vignesh Vivekraja, {AT&T Tower Relocation Group member) Street Address : 3086 Humbolt Avenue
City , State, Zip Code, Santa Clara, CA, 95051
Phone number: 408 981 7632
E-mail address: [email protected]
In accordance with the provisions of the Municipal Code of the City of Santa Clara, I hereby appeal the following action at the:

D Development Review Hearing [i] Planning Commission
at it's meeting of _1_11_5_1_20_2_5 ____ _
(date)
Agenda Item No.: File no: 24-1256
File No.Cs): PLN23 -00148
Adtlre ss:/APN(s): 3111 Benton Street, Santa Clara
(Rev. 10/23) Page 1

Planning Appeal Form
Appellant Statement
(If more space is requ ired, attach a separat e sheet of paper.) Action being appeal ed:

Planning commlnee approval ol tll8 condilional pem,lt for new Unmanned AT&T Telecommunlaiflon Facility with Three 42 -6 monopoles located in the Parking Lot at 3111 Benton Street and aJso opposing other alternative location In same site Including 60-Foot-Tall Monotree Reason for Appeal :

Concerns abo<A following lbolA ATT cell-sle lo sunouncliog residential 1ooes. wlh many residents in 30 fOOl radius 1 . Bad Neighborhood Aesthetics

2. Negative Property Value Impact

3. Health ettects esp kids,elderty in surrounding residential houses (many within 30-300ft radius)

4. Preceden t for future towers in same site

5. Health effects to kids in neighbouring Santa Clara High School Certification of Authenticity
Beware, you are subject to prosecut ion if you unlawfully subm it this form . Under penalty of law, transmission of this form to the City of Santa Clara is your certification that you are aut horized to submi t it and that the informat ion presented is authentic . 1/18/2025
Signature of Appellant Date
(Rev. 10/23) Pagel
Addendum to Appeal filed by Vignesh Vivekaja in behalf of AT&T Tower Relocation Group (Supporting Residents - Pomeroy Greens, Humbolt, Benton, Moraga, Orthello) Appeal to City Council to Consider the Planning Commission Decision of January 15, 2025 Action being appealed: Decision by Planning Commission to allow cellphone towers to be installed at 3111 Benton Street, the First

Baptist

Church.

Reason for Appeal: Summary We believe the planning commission's decisions were unjust, seemingly influenced by a few members and

cherry-picking

information,

resulting

in

an

incorrect

acceptance

of

the

proposal.

According

to

FCC

regulations,

the

commission

had

the

authority

to

reject

this

proposal

before

the

shot

clock

expires;

there

was

no

legal

obligation

to

approve

it.

Aesthetics

alone,

along

with

numerous

other

compelling

reasons

outlined

below,

were

sufficient

grounds

for

rejection.

We

respectfully

urge

the

esteemed

City

Council

members,

elected

by

the

people

and

whose

decisions

are

closely

scrutinized,

to

consider

the

impact

on

residents

and

vote

against

this

cell

tower.

It

is

crucial

to

weigh

moral

and

ethical

considerations

alongside

legal

subtleties,

especially

for

a

council

of

publicly

elected

positions.

This

decision

will

set

a

precedent

for

the

future.

Firstly, the planning commission and city council have the full authority to reject AT&T’s proposed towers.

Based

on

our

understanding,

the

only

requirement

from

the

FCC

is

to

make

a

decision

before

the

shot

clock

expires;

approval

is

not

mandatory.

We,

as

residents,

strongly

believe

there

are

ample

reasons

to

reject

this

tower

proposal

on

legal

grounds,

which

are

entirely

within

the

city's

control,

including:

1. Aesthetics 2. Potential property value loss 3. Violation of the latest city code 4. Impact on Historic Pomeroy Green 5. Impact on Santa Clara High School students Additionally, there are ethical and moral reasons, such as: 1. Health impacts 2. Violation of the latest city code and regulations in neighboring cities, where towers cannot be

placed

close

to

residential

houses There are several viable alternatives for AT&T to find a new site that aligns with city regulations, such as

parks.

Although

this

process

might

require

more

time,

many

alternative

sites

have

been

thoroughly

vetted

and

proposed

by

residents.

Unfortunately,

these

options

have

not

received

adequate

consideration, as the church site presents a more convenient choice for AT&T. Notably, there has been no

AT&T

tower

in

this

site

to

our

knowledge,

and

they

have

operated

successfully

without

it.

It

is

unjust

to

inconvenience

local

residents

merely

for

the

sake

of

convenience

for

AT&T

,

the

city

and

financial

interests

of

landlord.
"Where there is a will, there is a way." We are confident that AT&T can identify alternative locations if this

proposal

is

rejected.

This

should

be

handled

as

an

independent

case

to

our

appeal.

Please

do

not

inconvenience

residents

for

the

sake

of

another

party's

convenience,

especially

given

that

AT&T

has

continued

to

operate

effectively

without

a

tower

in

this

location,

with

many

opposing

residents

being

long

time

AT&T

customers.

If

additional

time

is

needed

to

find

the

right

location

with

the

City’s

approval,

so

be

it,

as

demonstrated

by

the

city

of

Cupertino

in

the

past

to

locate

in

park

with

public

vote(details

below).

We

humbly

request,

the

city

council

to

prioritize

long-term

community

interests

over

short-term

convenience.

Details 1. Impacts entire neighborhood . Homeowners on Humbolt Avenue, Moraga Street, Benton Steet, Orthello

St,

as

well

as

homes

in

Pomeroy

Green

and

all

neighboring

homes

within

view

of

the

towers

will

have

to

look

at

these

ugly

towers.

The

towers

will

dominate

the

skyline

since

there

are

few

trees

the

height

of

the

proposed

towers.

There are other locations those opposed to this project have suggested; please consider a better locations

that

are

less

conspicuous

to

residents

of

the

neighborhood

that

have

not

been

thoroughly

investigated

to

date

(see

below).

Other impacts such as fire hazard, collapsing hazards and health hazards are also concerns of the neighborhood

residents

and

evidently

Santa

Clara

High

School

since

the

Santa

Clara

School

District

has

declined,

according

to

Mr.

Proo,

the

AT&T

representative

for

this

project,

locating

the

tower

on

their

campus.

2. Aesthetic problems . Placing the towers on the church property so close to so many homes and so visible

to

neighborhood

residents

violates

aesthetic

considerations

that

are

within

the

jurisdiction

of

the

planning

commission

and

city

council.

In

other

words,

it

is

within

the

power

of

the

Planning

Commission

to

recommend

the

City

Council

deny

AT&T's

request

to

site

a

cell

phone

tower

on

the

3111

Benton

Street,

the

church

site,

on

aesthetic

grounds.

It

is

also

in

power

of

city

council

to

reject

ATT’s

proposal

purely

based

on

aesthetics.

If the project goes through as proposed, the homeowners on Humbolt Avenue will have three towers situated

just

beyond

their

backyard

fences,

within

50 feet

of

their

homes,

making

them

visible

whenever

they

relax

outside

in

their

backyards.

Residents

of

the

Humbolt

houses

opposite

to

these

houses,

will

see

those

towers

from

their

front-yards,

while

residents

of

the

homes

on

Moraga

Street

wil

see

the

towers

from

their

front

yards.

Similarly the alternate tower location negatively affect aesthetics of the Pomeroy Green community and

Humbolt

Avenues.

Both

the

tower

proposals

will

also

be

an

eye

sore

for

residents

and

the

public

alike

while

walking

around

the

neighbrohood.

3. Potential Property Value Loss
● AT&T's report, claiming no significant impact on neighboring property values, relies on a non-peer-reviewed source. ● In contrast, recent articles from the National Association of Realtors, a more trusted source (link - See reference section), multiple studies, indicate a substantial decrease (up to 20%) in property values for homes near cell towers. Notable quotes from linked articles/studies include: ● “We find that homes close to towers sell for a discount of up to 7.6%.” ● “The negative price impact of 9.78% is much more severe for properties within visible range of a tower.” ● “If purchasing or renting a property near a CPBS [cellular phone base stations], over a third (38%) of the control group respondents said a CPBS would reduce the price of their property by more than 20%.” ● The existence of a cell tower near a home must be included in the disclosure packet upon the sale of a property, based on query on chatgpt (See Appendix5 inlined in doc).

In Appendix1(inlined with doc), with pictures referenced later, the proposed three towers from AT&T are shown, along with an approximate 300-foot radius (indicated by an orange border) based on Google Maps measurements. Within this radius are the following structures: over 25 single-family and duplex houses on Humbolt Ave, Moraga, and Benton.

Assuming a conservative property value of $1.7 million for each of these units, based on approximate estimates from Zillow (link), the total property values are roughly $40 million. This could result in up to an $8 million (20% loss) decrease in property value for homeowners. This estimate is conservative, as lots in this area are much larger, close to 10,000 square feet, so the financial impact might be greater. Will the city, AT&T, or the landlord compensate for these losses to homeowners? There is a similar economic loss, probably larger, for the other alterate location which was previously considered closer to Pomeroy Green. This reduction in property values also impacts the city through reduced property taxes, taxes that benefit the city.

It seems unfair for residents near the Santa Clara First Baptist Church to bear this potential economic impact while AT&T and landlords benefit. Residents should be given the benefit of the doubt and not bear the brunt of the economic impact, and conclusions should not be based on non-peer-reviewed sources.

4. Proper notification needed . Pomeroy Green Cooperative Corporation, located directly west of the church, was not notified of the project. Only some of the shareholders in the complex received notices of the public hearing for the cell phone project. Pomeroy Green Cooperative includes a playground on site and other areas that are contiguous to the church property (against, on the west side of the church property). 5. Impacts to historic resource not reviewed . Pomeroy Green Cooperative Corporation, located directly west of the church, is registered in the National Register of Historic Places (NRHP) at the State and federal levels. The impact of the cell phone tower project on the historic Pomeroy Green housing complex should be reviewed by the City's Historical and Landmarks Commission (HLC) because Pomeroy Green is adjacent to the church site. The HLC, in its advisory capacity to City Council, routinely evaluates impacts to historic resources by projects located on adjacent properties. Because Pomeroy Green Cooperative housing complex is registered in the NRHP, the tower project may be required to be reviewed by higher government agencies in addition to the City's HLC for environmental impacts, particularly aesthetic impacts. The tower project may require a permit from the FCC, making the project subject to Section 106 of the National Historic Preservation Act. Both the 3 pole design and the alternate 60-foot monopole design may have significant impact on historic Pomeroy Green and, therefore, the cell phone project needs to be properly reviewed by the appropriate agencies.

6. Health Effects
There is a growing body of scientific evidence that suggests that exposure to radio frequency radiation (RFR) from cell towers and other wireless devices can have negative health effects, including cancer, brain tumors, and reproductive problems. The World Health Organization has classified RFR as a "possible human carcinogen," and the National Toxicology Program has found that exposure to RFR can cause cancer in rats. We are concerned about the potential health risks of living near this cell node, especially for children who are more vulnerable to the effects of RFR. We urge the city to reconsider its decision to allow the installation of this node until more research is done on the health effects of RFR.

Here are instances where cell phone towers had to be decommissioned due to the formation of cancer clusters among students and teachers attending nearby schools and residents, despite initial claims that the towers emitted low levels of radiation. link1: https://www.modbee.com/news/article228538324.html link2: https://ehtrust.org/fourth-student-has-cancer-parents-demand-removal-of-cell-tower-from-ripon-school/ link3 : https://www.dailymail.co.uk/health/article-6886561/Cell-phone-tower-shut-elementary-school-eight-kids-diagnosed-cancer.html Some Quotes :
● “Four students and three teachers at Weston have been diagnosed with different forms of cancer since 2016. In addition, two preschool-age children living near the school have been treated for a malignant tumor and leukemia, and a Modesto family says a 22-year-old former student of Weston underwent surgery last year for a brain tumor” ● “Sprint, which owns the tower, has shut it down despite insisting the radio frequency levels are 100 times below the federal limit” Is the city council willing to take the risk of exposing residents with kids, elderly and Santa Clara High School students (as shown in Appendix1 inlined in doc, the school is within the immediate range of the proposed towers) to potential hazards? Santa Clara High School seems to be disinterested in the cell phone tower as well since the Santa Clara School District has declined, according to Mr. Proo, the AT&T representative for this project, locating the tower on their campus.

This is a moral decision the city council must make that will be closely followed by community. While there are sufficient legal reasons, such as aesthetics, to reject this proposal on FCC grounds, each councilmember and planning commission member must seriously consider the health concerns when casting their vote. 7. Violation of new Zoning Codes The proposed site clearly violates the lines highlighted in yellow in the attached word doc source from City's code link (https://www.codepublishing.com/CA/SantaClara/html/pdfs/SantaClara18.pdf. The applicable section, on cell phone towers, starts on page 340). The most significant one being following lines in 18.66.060 – Location Requirements : "B. Facility Placement in Residential and Mixed-Use Zones. Wireless communications facilities located within a Mixed-Use zone shall be separated by a minimum distance of 300 feet of any residential structure or any other existing wireless communications facility except as follows. " Please note that many single-family homes fall within 50-60 feet of the proposal and approximately ~25 houses and high school are within a 300 feet radius (see Appendix1 inlined at bottom of doc) The public and our Group was informed during the the planning commission hearing that this zoning code does’nt apply because church is zoned quasi-public and not residential. Regardless of zoning codes, there is a reason for the new requirement of a 300-foot clearance, likely due to health effects and property values. Legalities aside, it is common sense that it shouldn't matter whether the cell phone tower is on quasi-public land, like a church, or in a residential area; the tower is still within 300 feet of other single-family homes. The city council should take this into account and reject the ATT cell tower proposal. Additionally, it shouldn't matter that AT&T filed their petition a few months before the new code was implemented (our understanding is that AT&T's petition was submitted in the first half of 2023, and the new code came into effect in the first quarter of 2024). Since it is now the first quarter of 2025, and the tower has not yet been constructed and is still under review, it is time for the city to consider the latest code when making their decision, update the zonning code to prevent these loopholes, and avoid using legal or code technicalities to approve this project. 8. Alternative locations not exhausted . Locations to site the proposed cell phone towers were not exhausted. Some alternative tower locations that should be explored by the planning commission include: A. City public right-of-way . Placing the tower(s) on a city street light as suggested by one of the planning commissioners, Mr. Crutchlow, at their meeting of January 15, 2025 or other location in the public right-of way should be explored. The batteries and associated electronic equipment could also be placed in the city right-of-way, in an above ground cabinet or in an underground vault along with the associated electronic equipment.

One location in particular that was not examined in detail is the idea of locating the tower and associated equipment in the city right-of way along Kiely Boulevard in front of the Central Park, north of Kaiser Drive. According to the City's Engineering Department, that city right-of-way includes a 10' wide landscape area that runs along that side of the street. That landscaped area should be investigated for the proposed cell phone tower and its associated equipment. If the towers can be placed there, they will be approximately 130' to 160' from the residences in the multi-family complexes located on the other side of Kiely. Putting cell phone towers in the city right-of-way is possible. The City of Cupertino has three (3) cell phone towers in the public right-of way according to the City of Cupertino Parks and Recreation report, “Cell Phone Towers in Parks,” to the City of Cupertino's Information, and Communication Commission (see Appendix 3 and 4 inline doc below; unsigned report). B. Central Park (frontage along Kiely ) The City needs to have the applicant fully research the idea of placing the tower in Central Park along the frontage with Kiely Boulevard and consider holding the required referendum on locating that facility in the park. Placing the tower in Central Park will require a referendum on locating the facility in the park. The City of Cupertino has done this in order to place a cell phone tower in their Memorial Park; that referendum was approved by voters in 2020 according to my search on Ecosia, an online artificial intelligence website (see Appendix 3 and 4 inline doc below, “Cell phone tower in Cupertino's Memorial Park--ballot measure” and the attached City of Cupertino's Parks and Recreation report, “Cell Phone Towers in Parks,” to the City of Cupertino Information, and Communication Commission [unsigned]). Require the Parks Department to release the proposed improvement plans for the Central Park entrance area on Kiely Boulevard in order to investigate new locations for the tower. City to hold citywide election to allow installation of the cellphone tower and associated equipment in the park. The City of Cupertino has a cell phone tower in their Memorial Park. C. Central Park (east of Saratoga Creek). Placing the tower in Central Park east of the creek and removing the existing tower near Homestead Road and San Tomas Expressway. A new tower in Central Park could be taller in order to cover a greater area, area, perhaps inlcuding the areas that were served by the removed tower. Placing the tower in Central Park will require a referendum on locating the facility in the park. The City of Cupertino has a cell phone tower in their Memorial Park; a referendum was approved by voters in 2020 to install ace that tower according to my search on Ecosia, an online artificial intelligence website (see Appendix 3 and 4 inline doc below, “Cell phone tower in Cupertino's Memorial Park--ballot measure” and the attached City of Cupertino's Parks and Recreation report, “Cell Phone Towers in Parks,” to the City of Cupertino Information, and Communication Commission [unsigned]). D. Saratoga Creek right-of way . The possibility of locating the cell phone tower in the Saratoga Creek right-of-way, managed by the Santa Clara Valley Water District (Valley Water), should be explored.

E. Earl Carmichael Park . Earl Carmichael Park, located on Benton Street between Pomeroy Avenue and Lawrence Expressway, should be investigated as another potential location for the tower. Mr. Proo, the AT&T representative, mentioned this location as being too close to homes across the creek (Calabazas Creek); however, if the tower is placed in the grove of tall trees near the center of the park, the tower will be approximately 200' feet from those homes. Placing the tower in Earl Carmichael Park (or any city park for that matter) will require a referendum on locating the facility in the park. The City of Cupertino has done this in order to place a cell phone tower in their Memorial Park; that referendum was approved by voters in 2020 according to my search on Ecosia, an online artificial intelligence website (see Appendix 3 and Appedix4 inline below; attached “Cell phone tower in Cupertino's Memorial Park--ballot measure” and the attached City of Cupertino's Parks and Recreation report, “Cell Phone Towers in Parks,” to the City of Cupertino Information, and Communication Commission [unsigned]). G. Commercial property at southwest corner of Kiely and Benton Street . The neighborhood residents brought up this less conspicuous location that has not been explored. That property is within the red circle of optimum signal distribution provided by Mr. Proo, the AT&T consultant on this project. The tower(s) could be placed in the parking lot of that commercial property; if located there the tower(s) would approximately 160' from the closest homes across Benton Street and approximately 300' from the homes across Kiely Boulevard as well as 200' from the east property line shared with Santa Clara High School (where the high school track is located). The back side of that commercial site also has not been explored. The backside of the property is adjacent to the Santa Clara High School's track to the west and the USPS post office to the south. This would place the proposed project further from the homes on Benton, approximately 350', and approximately 400' from the homes across on Kiely Boulevard and approximately 300’ from the large apartment complex at 1000 Kiely Boulevard. 9. Lack of essential information and Violation of new Codes : Some information provided by staff was misleading and needs to be clarified for reconsideration of the proposed cell phone tower project by the planning commission: A. Misleading Info: Unfortunately the Planning Department representative, Lesley Xavier, during the planning commission meeting held on January 15, 2025, incorrectly stated the diameter dimension of the mono-tree after being questioned by commission member Huang at 28:58 minutes into the video taped meeting (https://santaclara.granicus.com/player/clip/2259?view_id=1&redirect=true). Ms. Xavier stated at that meeting that the proposed mono-tree tower was twenty-five feet (25') in diameter when in fact the tower is approximately five feet (5') in diameter according to the plans submitted by the applicant and shown at the meeting. The twenty-five feet (25') the planner was referencing I think is the diameter of the 25.5' lease area surrounding the mono-tree. Again, you can find that statement at 28:58 minute mark in the video of the Planning Commission meeting held on January 15, 2025. Had correct information about the diameter of the tower been provided (approximately 5' diameter), other locations for the proposed tower in the neighborhood may have been considered by the planning commissioners. B. Violation of New Codes : Unfortunately the City Planning Department Manager, Lesley Xavier, did not inform the Group about the correct zoning standards (or lack thereof) that pertain to the proposed project when she answered some questions about the project posed by a member of our Group prior to the Planning Commission meeting (see Appendix2 in-line text below). That failure delayed the Group's investigations into other aspects of this controversial project. Specifically, the planning department manager failed to tell the Group that the zoning codes found on the City's website are new and do not apply to this project (the applicant’s submittal predates the new code) when the Manager answered a question about the 300' clearance required between proposed cell phone towers and residences found in the new zoning code. This oversight prevented our Group from investigating and forming additional objections to the project, particularly the Group's search for alternative sites for the cell phone tower (i.e., more sites need to be investigated since there are no separation requirements in the old code).

10. Envirnomental Effects
The construction and operation of cell towers can also have significant environmental consequences. These include habitat disruption, threatens local wildlife, aesthetic degradation of our natural landscape and fire hazard. The proposed site for the cell tower is home to various species and vegetation that could be adversely affected by the construction activities and the continuous operation of the tower. Additionally, the visual impact of a cell tower can alter the character of our community, potentially affecting property values and the overall quality of life and well being of its residents. The risk of fire is a significant concern, especially in areas prone to dry conditions or where the local fire department's response capabilities might be stretched thin. The addition of such a structure could potentially increase the fire risk to nearby homes and natural areas. (Appendix1) Properties within 300ft radius of the 3-pole tower proposal (Approved in Jan15’25) :

This picture shows the proposed 3 towers from ATT and an approximately 300 feet radius (Orange border) based on Google Maps measurements. Please note shape is spherical due to 3 towers and these are approximate. The following structures fall in this radius : 1. >25 Single Family and Duplex Houses in Humbolt Ave, Moraga and Benton 2. Significant portions and structures/buildings of Santa Clara High school in bottom of the end picture. Alternate 60foot Monotree considered in past (Rejected in Jan15’25 meeting) :

This picture shows the proposed monotree towers from ATT and an approximately 300 feet radius (Orange

border)

based

on

approximate

Google

Maps

measurements.

Multiple

Single

family

homes

and

townhouse

community

in

Pomeroy

Green

are

in

approximately

300

ft

radius.

(Appendix2)
Email exchange between Yongli Wen, a neighborhood resident and Lesley Xavier. City of Santa Clara Planning

Manager

(manager's

reply

highlighted

in

yellow
):

Yongli Wen From:[email protected] To: Lesley Xavier,Planning Public Comment,PlanningCommission,Sandy Le Cc:Eric Crutchlow,Nancy Biagini,Priya Cherukuru,Qian Huang,Lance Saleme Tue, Jan 14 at 9:19 PM Hi Lesley, Thanks a lot for your feedback! I still have some questions: 1. The residential zone or mixed used zone has the 300 feet rule, what's the reason for having such

a

300

feet

rule?

We

think

there

should

be

some

concerns

like

negative

health

impact,

property

value

decrease,

etc.,

right?

I
f

such

kind

of

concerns

exist,

we

should

also

have

concerns

for

all

other

kind

of

zones,

right?

2. Now for a public or quasi-public zone, what's the rule for it? Doesn't the city planning department

also

have

to

take

account

of

some

concerns

like

negative

health

impact,

property

value,

etc.

for

nearby

residential

houses?

3. Now for our case, let's first assume the church is in quasi-public zone, but our houses are in the

residential

zone,

not

in

the

public

area
,

the

only

thing

is

that

we

are

the

immediate

neighbors

of

the

church,

we

share

the

same

fence

with

the

church,

even

though,

does

anyone

still

think

it

really

makes

sense

to

install

a

cell

tower

with

only

15 feet

distance

to

our

backyards?

Does

anyone

think

it

really

won't

have

any

negative

impact

to

our

health

and

property

value

with

such

short

distance?

4. Also for the church, it is not a normal public area like a shopping mall, a plaza, a city park, etc.

which

have

enough

buffer

area

between

residential

zones,

the

church

is

just

part

of

our

community,

already

integrated

into

our

neighborhoods,

does

anyone

think

the

church

is

really

a

a

normal

public

or

quasi-public

area?
We still strongly oppose the plan to install cell tower in the church area, because we think the plan

doesn't

make

any

sense,

please

seriously

consider

our

opinion

and

suggestions.

Sincerely,
Yongli

On Tuesday, January 14, 2025 at 08:21:53 AM PST, Lesley Xavier <[email protected]> wrote:

Hello – Yongli

Thank

you

for

your

email.

Unfortunately

your

reading

of

the

code

section

is

incorrect.

The section of the code that you are referencing below applies to properties where the cell facility will be located on

a

residentially

zoned

or

mixed

use

zoned

site.

In

this

case

the

site

where

the

cell

facility

will

be

located

on

is

zoned

public

quasi-public

and

this

section

does

not

apply.

Lesley

Lesley Xavier | Planning Manager Community Development Department | Planning Division 1500

Warburton

Avenue |

Santa

Clara,

CA

95050
D: 408.615.2484 | email: [email protected]

www.SantaClaraCA.gov

From: Yongli Wen <[email protected]>
Sent:

Tuesday,

January

14,

2025

12:35

AM

To:

Planning

Public

Comment

<[email protected]>;

PlanningCommission

<[email protected]>;

Lesley

Xavier

<[email protected]>;

Sandy

Le

<[email protected]>

Cc:

Eric

Crutchlow

<[email protected]>;

Nancy

Biagini

<[email protected]>;

Priya

Cherukuru

<[email protected]>;

Qian

Huang

<[email protected]>;

Lance

Saleme

<[email protected]>;

Mario

Bouza

<[email protected]>;

Yashraj

Bhatnagar

<[email protected]>;

Steve

Proo

<[email protected]>

Subject:

Re:

AT&T

telecommunications

tower

proposal

for

3111

Benton

Street:

2nd

request

by

AT&T

Tower

Relocation

Group

to

locate

tower

in

Central

Park

(more

alternative

locations

for

the

Planning

Commission's

consideration

at

their

meeting

scheduled

for

Januar...

Dear

Sir/Madam,

FYI, I'm attaching the copy of CSC zoning Code, Chapter 18.66 - Wireless Telecommunications Facilities with our highlights

to

indicate

our

doubts

regarding

the

current

plan.

Thanks,

Yongli

Wen

On Monday, January 13, 2025 at 08:55:04 PM PST, Yongli Wen <[email protected] >

wrote:

To: City of Santa Clara Planning Commission (for January 15, 2025 meeting) From: Yongli Wen Re: AT&T telecommunication tower proposal for 3111 Benton Street (PLN23-00148) Date: January 13, 2025 Dear Planning Commission: This is Yongli lives in 3190 Humbolt Ave, Santa Clara, the immediate neighbor of the church at 3111

Benton

Street.

From city zone coding document at https://www.codepublishing.com/CA/SantaClara/html/pdfs/SantaClara18.pdf, we just found the proposed AT&T cell tower locations in the church violate the city code, please check the screenshot

of

the

document

in

section

18.66.060

as

below,

we

can

see

that

the

distance

of

cell

tower

location

to

any

residential

structure

is
minimum 300 feet. The current proposed locations
obviously

can't

meet

the

requirement.

Please

explain

this

to

all

nearby

neighbors.

Thanks, Yongli Wen
(Appendix3) Ecosia Search

(Appendix4) Cell phone tower in Cupertino's Memorial Park--ballot measure

Pm
-CUPERTINO
Agenda Item No. __
Subject

PARKS AND RECREATION DEPARTMENT

QUINLAN COMMUNITY CENTER
10185 NORTH STELLING ROAD• CUPERTINO, CA
95014-5700
(408) 777-3120 • FAX (408) 777-3137

STAFF REPORT
Meeting Date: December 2, 2010
Consider the Technology, Information, and Communication Commission (TICC) request for the Parks and Recreation Commission to evaluate which parks might be suitable for cell towers.

Recommendation
The Park and Recreation Commission to offer guidance and guidelines for the TICC Commission to consider for possible cell towers in parks.

Description
This item is in front of the Commission due to a joint Commissions' meeting on August 17, 2010.

At that meeting, the TICC Commission requested information from the Parks and Recreation Commission about possible sites for cell towers in City parks. Presently, south and west Cupertino lack cell coverage and the TICC Commission would like to improve these areas . The parks that are located in this region of Cupertino are Jollyman Park, Hoover Park, McClellan Ranch Park, Linda Vista Park, and Monta Vista Park.

When a communication company wants to install a cell tower within the City of Cupertino, they must apply for a discretionary permit approved by the Planning Commission or the Director of Community Development , depending on the visibility of the facility . Presently, if the decision is appealed, the applicant pays all hearing noticing costs for a 1,000-foot noticing radius . Attachment A is the City's Wireless Facilities Master Plan that explains the sitting and design of these personal wireless service facilities.

Currently, there are 18 cell towers within Cupertino, three are in public rights-of-way , and one is being built in Memorial Park. There are no cell tower applications for city parks currently in process.

Sustainability Impact
Staff researched professional associations and other state and city governments for best practices for locating cell towers in parks . To ensure sustainability within parks, the following guidelines should be considered in conjunction with the policies from the Wireless Facilities Master Plan before granting personal wireless service facilities permits.

The telecommunications company should :

1. Build and maintain their ground space in City parks.

2. Renovate any City property including , but not limited to turf, irrigation systems , utilities, and pavements which were disturbed or adversely affected during construction .

3. If appropriate , provide public art as part of the structure (example - sculpture attached to the monopole facility at Memorial Park).

4. Purchase an appropriate amount of trees to use as screening at the park .

5. Upon abandoning of wireless facility, remove tower/pole (or relevant structure) and restore the park area to its fom,er condition .

6. Reference Policy 8-2 of the Wireless Facilities Master Plan and forfeit the ownership of the tower at the conclusion of the permit if park amenities have been built into, on top of, or within the proximity of the tower, if the removal of the tower should adversely affect the fore mentioned park amenity .

Fiscal Impact
The City collects planning , building and public works application fees from the applicant , but this is true of any private development. The Wireless Facilities Master Plan states a lease to locate personal wireless service facilities on an existing City-owned facility or structure is typically negotiated with Public Works Department staff and approved or disapproved by the City Council at a public hearing . Coordination with affected departments , such as the Parks and Recreation Department for City Parklands , will be necessary to ensure their financial concerns are met.

Prepared by:

Justin Cecil, Recreation lntem
Approved for Submission by:

Julia Lamy, Senior Recreation Supervisor
Attachment
A. Wireless Facilities Master Plan
Appendix5 : Chatgpt query on seller disclosure

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