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No more cellular antennas around Miller neighborhood

This petition had 69 supporters


We received a letter from Verizon about their small cell project in several Miller neighborhoods. This is after their similar but bigger project was rejected at the Lynbrook high school site.  Please sign to call a stop for any more cellular project in this residential neighborhood, due to the following concerns:

1. Health concern. Except the notice, we have not received any report from your organization addressing this. From experience and internet researches, we are aware that there have been researches from both sides to say it is harmful or harmless. We would not like to be in the experiment of this kind, nor become data similar to those affected by Lead pipes, Estrogen Therapy and DDT which were considered safe for many years, but later proven harmful.

2. Safety concern. Except the notice, we have not received any report from your organization addressing this. The proposed sites are next to the sidewalks where pedestrians and pets pass by often. The pole chosen is a seasoned pole, which may not bear the off balance weight. The new hand hole, new cabinet and new concrete pad add more objects in the way. They are tripping hazards during normal days, and will be dangerous when malfunction, in situation of flood, storm, lightning, or earthquake.

3. Regulatory concern. San Jose Municipal Code 20.30.130 and 20.30.140 require sufficient setback from property line, which the current proposal does not comply. San Jose City Council Policy defines the setback as "horizontally from a single-family residential property line".

4. Esthetic concern. We are proud of our quiet and beautiful neighborhood. Installing more antennas, switches, signage, rods and bars are not in line with our neighborhood landscape.

5. Timing concern. The notice was dated December 19th, 2016 with a 20-day public notice period, which is a legal minimal. It was sent right before the holiday when many residents were out of town. To ensure sufficient notice, considerations and feedback, please extend it to non holiday time.

6. Notice coverage concern. Close to 20% of residents didn’t receive any notice even they are within 250 feet “line of sight” of the pole, especially if they are around the borderline, or renting as the residents. 

7. Lack of information concern. The letter received lists no information related to the equipment wattage, radiation radius if comply with FCC requirement, site selection process, interference with current TV antenna reception for nearby residences, noise level etc.

 Currently, the following sites are affected:

·      1348 Brook Glen Drive, San Jose, CA 95129. Respond by January 5th, 2017

·      1381 Tartarian Way, San Jose, CA 95129. Respond by January 8th, 2017

·      1181-1187 Di Napoli Drive, San Jose, CA 95129. Respond by January 8th, 2017

 Historically, nearby sites were also targeted:

· 1307 Bing Drive, San Jose, CA 95129. Respond by November 1st, 2016

· Regency park behind Safeway, San Jose, CA 95129. 

Please help us by signing this! 

Can also call Anthony Romero, San Jose Public Works Development Services at 408-535-6898

Email projects@TheCBRGroup.com, call 925-246-3212 which is the specified communication group for this matter.

References:

a. http://ehtrust.org/science/cell-towers-and-cell-antennae/

quote a1: 

In 2013 the International Brotherhood of Electrical Workers wrote the FCC in 2013 that “ensuring compliance with existing FCC RF human exposure limits by the FCC licensee is not effective and cannot/is not being enforced.” Concerned about the health of their workers and consistent reports of injuries from the lack of enforcement, they state, “When there is a hazard, the hazard creator has a duty to warn others against the hazard.” (Electrical workers are suffering internal injuries from the radiation as they are doing unrelated work but are unaware of a poorly marked antennae closeby. If you stand in front of these radiation beams you will be injured.)

quote a2:

In 1996, President Clinton signed the Telecommunications Act (the Telecom Act) into law. The Wireless Industry helped craft this Act. Section 704 of the TCA states that no health or environmental concern can interfere with the placement of telecom equipment such as cell towers and antenna. This means that if a corporation believes that your city officials took health into account when denying them a permit, then your city can be sued. If your city takes too much time to process a telecom corporation’s application to install equipment, then the city can be sued. According to the Act, your town can only refuse to permit installation of wireless equipment for how ugly it looks.

b. San Jose Municipal Code

https://www.municode.com/library/ca/san_jose/codes/code_of_ordinances?nodeId=TIT20ZO_CH20.30REZODI_PT4SERE

20.30.130 - Wireless communications antennae on residentially zoned parcels with a non-residential use.
Wireless communications antennae are allowed in residential districts pursuant to Table 20-50 only if all of the following criteria are met:

A.
The proposed antenna is located upon a parcel with a nonresidential use; and
B.
The proposed antenna is located either:
1.
More than thirty-five feet away from the nearest residential use; or at least one foot away from the nearest residential use for every foot of monopole height, whichever distance is greater; or
2.
More than twenty feet away from the nearest residential use if the proposed antenna is mounted on an existing utility structure within a utility corridor.
(Ord. 27468.)

20.30.140 - Wireless communications antennae on residentially zoned property with a residential use.
Wireless communications antennae of any type located on residentially zoned property with a residential use shall require a conditional use permit pursuant to the provisions of Chapter 20.100 of this title, except for certain modifications pursuant to Section 20.80.1915 of Chapter 20.80.

(Ords. 27468, 29546.)

c. San Jose CITY COUNCIL POLICY

https://www.sanjoseca.gov/DocumentCenter/Home/View/385

Policy 3c.

These setback requirements do not apply to associated equipment enclosures which should comply with standard zoning setback requirements. In situations where superior alternatives are not available, antennas may be mounted on an existing utility structure within a utility corridor, such as a P.G. & E. high-tension (200kV or higher) line corridor, where the antenna would be located at least 20 feet horizontally from a single-family residential property line.

d. http://www.notowerinschools.org/tower-hazards

e. public outreach policy: http://www.sanjoseca.gov/DocumentCenter/View/6263

The utility permit application has specific public outreach requirements. For placement of above ground structures by the utility company (in this case Verizon) the utility company must send notification letters to the residents, businesses, and property owners adjacent to the and within 250 feet “line of sight” to the above ground structure location. The utility company must give residents/businesses 20 days to respond. 



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