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104-C. Appeal by Shaul Berger dated 9/20/10.pdfATTACHMENT C CUPERTINO 1. Application No. 2. Applicant(s) Name: 3. Appellant(s) dame: Address Phone Number Email City of Cupertino 10300 'Torre Avenue Cupertino, CA 95014 (408) 777-3223 APPEAL DIR-2010-28 Dayna Aguirre T-Mobile Shaul Berger 11371 Bubb Rd. Cupertino (408) 666-1677 dspmaster@yahoo.com sEP z o Sm CUPERTWO CITY CLERK 4. Please check one: Q Appeal a decision of Director of Community Development Q Appeal a decision of Director of Public Works Q Appeal a decision of Planning Commission 0 Appeal a decision of Design Review Committee Q Appeal a decision of Code Enforcement 5. Date of determination of Director or mailing of notice of City decision: September7, 2010 6. Basis of appeal: I and my neighbors believe that the proposed T-Mobile antenna is highly hazardous to the health of our families and our children, not mentioning the nearby schools. We claim that the technical analysis is incorrect because it did not account for the hilly profile of our area. See more details in attached document. Signature(s) Please complete form, include appeal fee of $162.00 pursuant to Resolution No. 09-051 ($155.00 for massage application appeals), and return to the attention of the City Clerk, 10300 Tnrre Avern�e,���n_ Petition for Withdrawal of Approval of a T-Mobile Microcell Pro osal file no. DIR-2010-28 My name is Shaul Berger, a resident on 11371 Bubb Road, location of the proposed antenna - My petition is supported by many people in the vicinity of the proposed antenna (see attached list). We believe that additional 20 house owners living nearby will join the petition in the coming days. This petition does not include all the unaware people who are walking/driving their children along Bubb Rd. and are stuck in daily morning traffic jam in front of the proposed antenna. This petition is supported by a thorough technical evaluation done by Prof. Willie Lu and myself. Willie Lu is a senior radio transmission engineer for about twenty years, and was a professor of radio antenna group of Department of Electrical Engineering in Stanford University as well as former member of U.S. FCC Technological Advisory Council. I have been involved with the wireless industry for the past 20. years and continue to consult in this area of wireless communications.. Therefore, we believe that we are fully qualified to initiate this petition and request for withdrawal of this approval of a T-Mobile microcell proposal, file no. DIR 2010-28. The reasons and grounds for this petition are based on the following observations and investigations: 1. T-Mobile's proposed antenna with max ERP 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. Bubb road is near this junction and is very dense- with many housing blocks, elementary school and middle school. T-Mobile's statement is an obvious intention of "misleading". 2. The current federal ruling and standard as referred by the applicant can not be applied for our particular topography. Rather, the cited standard is for an average slow -fading flat propagation environment wherein most situations, there are not so dense populations in the area and it is not for such uphill area. A person exposed in such a radiated area may not be harmed within a certain short period of time, but can be hazardous to that person's health if staying or living there for a considerable period of time. The direct distance from the proposed antenna to the Regnart Elementary School is only less than bet. Based on the radio propagation model for the surrouncung area, au eiemen students will be steeped with about 540mV/meter radiation. If the student just stays on campus for several minutes to an hour, it may be harmless. However, if they stay in such a dangerous environment for several hours, it can cause harmful problems for kids especially six years old and under, based on the radio health analytical model published in the 2004 World Wireless Congress, San Francisco. 3. The asserted area is on the gradually uphill side of the road and there are many multi- story houses. Therefore, to meet the requirement of this special environment, the proposed antenna must be at least over 100 feet to satisfy the safety issue of the radio transmission for the people living within 500 feet of this strong radiated antenna. 4. The radio pollution to the human being relies on both the received radio signal strength and the time exposed in such a radiated environment. As time increases, the pollution will significantly increase in a non -linear manner. For an adult of age 20 through 40, such an effect may not be so serious if only exposed within a few hours of a distance 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 the nearby Bubb Road, there are many senior citizens and disables living in their house all day long, and many of them live on the second -story of their house, which is within less than 200 feet of the proposed antenna (including out house!). 5. The proposed antenna is located at the junction of the Regnart Elementary School and Kennedy Middle School. In the morning and afternoon, there are hundreds of kids walking and biking to both schools and the adjacent Monta Vista High School. Because of severe traffic congestion in this section, kids can stay much longer in this radiated area, especially walking within the zone of the radiating antenna. Based on the antenna sector planning, the radiation can fully cover Folkestone Dr and nearby streets, the main streets to Regnart Elementary School, and when in students dropoff/pickup time, hundreds of parents and kids are passing through or on these streets. b. Based on our experiences, expertises and judgement, this. is not a lawful practice to install a high-powered antenna in a low -height pole in such a crowded residential area. 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 antenna, so by the proposed 2 awed own tilt and 2-8 degree -vertiea:F-3& beam widtlrwith f , the lower 3 dB beam width horizon is only about 0.03 mile which is about 158 feet. The path loss there at frequency 1900Mhz is about 71dB. If the transmitting power is 30OW which is about 55dBm, the received signal at 158 feet is about -16dBm which is near 1700mV/meter of field strength - highly dangerous! 8. We suggest an alternative to city of Cupertino and T-Mobile - install a high antenna on Cupertino hills. This will address coverage not only on Bubb Rd. and not only for T- Mobile but also for all other carriers. This will address another problematic coverage area (mentioned in your document) of Regnart/Lindy Lane. To protect the health, safety and interest of the community and citizens, I strongly petition to withdraw the approval of this project with file no. DIR-2010-28. We are collecting the signatures from the local community, and reserve rights to seek legal protocols to protect the safety of our community and citizens if this petition is not successful. If you have any further question regarding this petition, please do not hesitate to contact me. Sincerely, Shaul Berger �1411APMN r � � J u