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105-D. Email from property owner ECI Two Results, LLC to City & AT&T dated 12/16/10.pdfATTACHMENT D CUPERTINO OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 • &nnin cu ertino.or PLANNING COMMISSION STAFF REPORT Agenda Item No. JL Agenda Date: November 9, 2010 Application: DIR-2010-28 Applicant: Dayna Aguirre, Sutro Consulting for T-Mobile Appellant: Shaul Berger Application Summary: Appeal of a Director's Minor Modification decision to allow the installation of a personal wireless service facility, consisting of three panel antennas and associated equipment on an existing PG&E pole located in front of 11371 Bubb Road. RECOMMENDATION: The Planning Commission has the option to make one of the following recommendations to the City Council: a) Uphold the Director of Community Development's decision; or b) Uphold the appeal; or c) Uphold the appeal with modifications. Staff recommends that the Planning Commission recommend upholding the Director's decision per the model resolution (Attachment 1). BACKGROUND: On September 7, 2010, the Director of Community Development approved a Director's Minor Modification to allow a T-Mobile personal wireless service facility (microcell) mounted on an existing utility -pole located in the public right-of-way in front of 11371 Bubb Road. It consisted of three panel antennas fastened by a bracket to the power pole & four associated equipment cabinets mounted directly to the same pole (Attachment 2). Planning Coxnnussioners, Council Members and property owners within 1,000 feet of the property were mailed notices of the Director's action: A couple of noticed property owners expressed their opposition to the approval decision and one chose to appeal the decision, including an opposition petition with twelve signatures (Attachment 3). DISCUSSION: The appellant's appeal is based on eight points. Each appeal point is followed by staff discussion in italics. Where the applicant was requested by staff to provide information, that information is so noted: DIR-2010-28 AppeaI November 9, 2010 11371 Bubb Road Page 2 1) T-Mobile's proposed antenna with a maximum ERP (effective radiating power) of 360 watts is a regular "high power" antenna for mobile cellular communications without any sense of "microcell." This type of antenna is normally installed in a separate, high tower or on top of high building far from the populated residence area. It is not appropriate near Bubb Road, which has many housing blocks, and an elementary and middle schools. T-Mobile's statement is misleading. Staff Response: The term "microcell" was used by City staff, not the applicant. Wikipedia defines microcell as follows: "A microcell is a cell in a mobile phone network served by a low power cellular base station (tower), covering a limited area such as a mall, a hotel, or a transportation hub. A microcell is usually larger than a icp ocel% though the distinction is not always clear. A microcell uses power control to limit the radius of its coverage area. Typically the range of a microcell is less than two kilometers wide, a icp ocell is 200 meters or less, and a emtocell is on the order of 10 meters. although AT&T calls its product, with a range of 40 feet (12 m), a "microcell ".0" The typical 3-antenna wireless facility that is proposed in the City has an ERP of 950 —1050 watts. The proposed facility has about 113 of the ERP at 360 watts. The attached existing and proposed coverage maps (Attachment 4) depict a diameter of less than one mile or 1.58 kilometers, which is in agreement with the definition above. Regardless how the personal wireless service facility is described, such facilities must comply with federal guidelines limiting human exposure to radio frequency energy. The standard is 1.0 milliwattper centimeter squared (mw/cmz). The proposed facility is calculated to cause exposures from 0.0012 to 0.0022 mw/cmz which is well within federal standards. 2) The current federal standard referred by the applicant is for an average slow -fading flat propagation environment and does not apply to our area because of the hilly terrain and the dense populations in the area. Long-term exposure to such radiation is hazardous to a person's health. Students at Regnart Elementary School, which is less than 500 feet away, will be exposed to about 540 mV/meter radiation. Several hour exposure can cause harmful problems for students, especially younger children less than 6 years old based on the radio health analytical model published in the 2004 World Wireless Congress, San Francisco. Staff Response: The consultant, Hammett & Edison, Consulting Engineers, states that the Federal Communications Commission (FCC) standard cited in the radio frequency energy report (Attachment 5) is not based on "an average slow fading, flat propagation environment" nor on any other propagation assumption. The FCC standard establishes a maximum permissible exposure (MPE) level, regardless where a person may be located. DIR-2010-28 Appeal 11371 Bubb Road November 9, 2010 Page 3 Hammett & Edison also responds that there are numerous studies of the effects of exposure to radio frequency energy. Such studies are considered by the standard -setting bodies in this country and abroad when they establish safety standards. In the judgement of the FCC, the current standard of 1.00 milliwatt per centimeter squared applies to continuous exposures and provides a prudent margin of safety for all persons, regardless of age, gender, size or health. This facility will comply with the federal standard. Seethe response to Appeal point #1. 3) The asserted area is on the gradually uphill side of the road and there are many multistory houses. Therefore to meet the requirement of this special environment, the proposed antennas must be at least over 100 feet to satisfy the safety issue for people living within 500 feet of this facility. Staff Response: Hammett & Edison reports (Attachment 6) that for the proposed 360-watt facility, the calculated power density has already fallen below the MPE at a distance of 12 feet in front of the antennas. At distances of MO feet or 500 feet the RF exposure is far less. 4) The radio pollution depends on both the received radio signal strength and the exposure time. As time increases the pollution will significantly increase in a non- linear manner. For an adult (age 20 to 40) such an effect may not be so serious if only exposed within a few hours for distances less than 300 feet. However, for adolescents, young children, babies, seniors or pregnant women, such radiation can cause disorder, defectiveness and other health concerns. On Bubb Road, there are many sedentary senior citizens and disables, living in 2-story houses that are less than 200 feet from the proposed facility. Staff Response: The Hammett & Edison Radio Frequency Report (Attachment 5) concludes that the calculated radio frequency energy exposures (measured at the ground level and the second story elevations of nearby houses) from the proposed T Mobile facility are: ➢ 0.12 % of the MPE for all ground level exposures, and ➢ 0.22 % of the MPE for second floor residential exposures of any nearby residence. Both figures meet the federal safety standard of 1.00 milliwatt per centimeter squared for radio frequency energy in the radio communications frequency range licensed by T-Mobile. The above mentioned federal standard applies to the general population for continuous exposure (24 hours per day, 7 days per week), regardless of age, gender or health of the individual. Federal law, the 1996 Telecommunications Act- Section 704, subsection 7(D), states: "no state or local governmental entity may regulate the placement, construction, or modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such emissions comply with FCC regulations;" DIR-2010-28 Appeal 11371 Bubb Road November 9, 2010 Page 4 5) The proposed antennas are located between Regnart Elementary School and Kennedy Middle School. Students route of travel will be through the radiated area and traffic congestion will lengthen their exposure time. Staff Response: See the response to Appeal Point #4. 6) Based on our experiences, expertises and judgement, this is not a lawful practice to install a high -power antenna in a low -height pole in such a crowded residential area. Staff Response: Through its Wireless Facilities Master Plan and Wireless Communications Facilities Ordinance (CMC Section 19.108), the City strives to provide adequate wireless communications coverage in a manner that is in compliance with federal law and mitigates potentially, visually intrusive effects of wireless infrastructure. To cover largely residential areas of Cupertino, the Master Plan prefers public properties, churches, schools and existing utility poles and towers to mount wireless antennas. The usage of utility poles and towers for such facilities is allowed, regardless of the zoning district or setback from residences, if federal safety standards for radio frequency energy exposure are met. The proposed facility will be in compliance with local and federal Iaws. 7) In a more detailed calculation on the west and south uphill sides of the antenna, many houses are above 30 feet high from the ground level of the antennas, so by the proposed 2 degree down tilt and 28 degree -3dB beam width with 44 feet antenna height, the lower 3dB beam width horizon is only about 0.03 mile which is about 158 feet. The path loss there at frequency 1900 Mhz is about 71 dB. If the transmitting power is 300W, which is about 55 dBm, the received signal at 158 feet is about - 16dBm, which is near 1700 mV/meter of field strength - highly dangerous! Staff Response: The antennas are proposed to be mounted at a height of 44 feet and 6 inches. According to Hammett & Edison's letter (Attachment 6), aII spaces beyond 12 feet from the antennas are at or below the MPE level. There is no location to the west, south, east, or north accessible to the general population that would cause an exposure in excess of the federal safety standard. 8) We suggest an alternative to the City and T-Mobile - install a high antenna on the Cupertino hills. This will address coverage not only on Bubb Road and not only for T-Mobile, but also for all other carriers. This will address another problematic coverage area of Regnart/Lindy Lane. Staff Response: The southern and western portions of Cupertino can be characterized as having very poor to no cell phone reception. Inquiries from wireless carriers indicate they are looking at multiple sites for personal wireless service facilities, including hillsides, utility poles and towers, parks and churches to serve this geographic area of Cupertino. Given the Iow-power of these sites, multiple sites in multiple locations will need to be developed to provide acceptable cell phone coverage to this area. DIR-2010-28 Appeal 11371 Subb Road Prepared. by: Colin Jung, AICP, Senior Planner Reviewed by: City Planner F.1%- y[*"VAWIq November 9, 2010 Page 5 Approved by: Aarti Shrivastava Community Development Director Attachment 1: Model Resolution Attachment 2: Director's Minor Modification Memorandum dated September 7, 2010 Attachment 3: Appellants Appeal Form dated September 20, 2010 Attachment 4: Existing and Proposed Coverage Maps Attachment 6: T-Mobile West Corp. Proposed Base Station (Site No. SF24189D)/11371 Bubb Road, Cupertino, California/Statement of Hammett & Edison, Inc: Consulting Engineers dated July 28, 2010 Attachment 6: Letter from Hammett & Edison, Inc. Consulting Engineers dated October 26, 2010 Attachment 7: Photosimulations (3) Attachment 8: Plan Set G:planning/pdreport/Appeals/2010/DIR-2010-28 appeal.doc