CC 10-15-2024 Item No. 7 Amendments to Cupertino Municipal Code_Late Written CommunicationsCC 10-15-2024
Item No. 7
Amendments to Cupertino
Municipal Code
Written Communications
From:Liang Chao
To:City Clerk
Subject:Fw: Questions on Item 7 - Muni Code Amendment on Commissions etc
Date:Tuesday, October 15, 2024 4:30:42 PM
Attachments:image.png
Please include in the written communication of tonight's meeting since I likely will refer
to these additional questions in the meeting.
Thanks,
Liang
Liang Chao
Council Member
City Council
LiangChao@cupertino.org
408-777-3192
From: Liang Chao <LChao@cupertino.gov>
Sent: Tuesday, October 15, 2024 4:29 PM
To: Pamela Wu <PamelaW@cupertino.gov>
Cc: Christopher Jensen <ChristopherJ@cupertino.gov>
Subject: Re: Questions on Item 7 - Muni Code Amendment on Commissions etc
The answer provided did not answer my question.
Q5: Regardless of the federal government's limitation, the city council still has a right to
establish guidelines on the location and other considerations as other cities have done.
Right?
Q6 (Q1-3 followup): From the answer below, I understand that for cell towers outside of
the public-right-of-way, they would be NOT under the responsibilities of the Planning
Commission " in accordance with Municipal Code Chapter 19.136".
I looked up Municipal Code Chapter 19.136, which is only a chapter about "WIRELESS
COMMUNICATIONS FACILITIES".
It does not in any way preclude the Planning Commission from advising the Council on
this.
I don't understand it.
Please quote the specific Muni Code to that effect to help me understand it better.
Q7 (Q1-3 followup): The Responsibilities of the Planning Commission in CMC
2.32.070 includes
"B. Implement the General Plan through actions including, but not limited to, the
administration of specific plans and zoning, subdivisions, and sign ordinances;"
And the Muni Code chapter for CMC 19.136 "WIRELESS COMMUNICATIONS
FACILITIES" is under the Chapter 19 Zoning. Thus, the regulations in CMC 19.136 clearly
falls under the responsibilities of Planning Commission: "B. Implement the General
Plan through actions including, but not limited to, the administration of specific plans
and zoning, subdivisions, and sign ordinances;"
I could not find any language anywhere in CMC 19 or in CMC 2.32.070 that would
preclude Planning Commission from considering anything that is in the public-right-of-
way.
I don't understand it.
Please quote the specific Muni Code to that effect to help me understand it better.
Q8 (Q1-3 followup): For cell towers on the public-right-of-way, does it fall under the
TICC's responsibilities? If so, which item of TICC's responsibilities covers this area?
If not, which commission would be able to advise the Council on cell towers on the
public-right-of-way?
Thanks for clarifying that.
Liang
========
Q1-3: Would TICC advise the Council on the location of cell towers and measurement
metrics of radiation? If not TICC, which commission should advise the Council on this
matter?
Answer:
The Planning Commission advises the City Council regarding regulation of wireless
telecommunications facilities outside of the public right-of-way in accordance with
Municipal Code Chapter 19.136. Federal law preempts local regulation of wireless
telecommunication facilities based on health concerns and limits the discretion of local
jurisdictions to regulate the location of such facilities generally and small wireless
facilities in the public right-of-way in particular. The proposed ordinance cleanup
updates the Municipal Code to reflect the impact of these legal developments on the
TICC’s jurisdiction and to more closely reflect current TICC practices.
Liang Chao
Council Member
City Council
LiangChao@cupertino.org
408-777-3192
From: Liang Chao <LChao@cupertino.gov>
Sent: Monday, October 14, 2024 2:35 AM
To: Pamela Wu <PamelaW@cupertino.gov>
Cc: Christopher Jensen <ChristopherJ@cupertino.gov>
Subject: Questions on Item 7 - Muni Code Amendment on Commissions etc
Q1: TICC
Q1-1: Why is this responsibility removed from TICC? Who will do it? "Conduct periodic
reviews of technology, information, and communications providers, facilities and
products and make recommendations on such subjects to the City Council;"
Q1-2: Why is this responsibility removed from TICC? Who will do it? "Recommend
amendments to the City’s telecommunications policy of the City Council;"
Q1-3: Would TICC advise the Council on location of cell towers and measurement
metrics of radiation? If not TICC, which commission should advise the Council on this
matter?
Q1-4: Would TICC advise the Council on the Fiber network, boradband? If not, which
commission should advise the Council on this matter?
Q2: The staff report states that Section 2.86.010 (Housing Commission) is only changed
to conform in format to other sections. But the redlined version shows that the
composition is changed from 4 residents plus 1 business rep to 5 residents. Just
wondering whether this change is intended?
Q3: Bicycles on sidewalks
Q3-1: Please include a map to show the two sections of sidewalk that would allow
bicycles: "Section 11.08.180: Transportation Division staff recommends amending
Section 11.08.180 to allow bicycle riding on two sections of sidewalk, to facilitate
connectivity to the Regnart Creek Trail."
Q3-2: In the Section 11.08.180, there is no speed limit for bicycles on the sidewalk?
Q3-3: What about electric bicycles? Electric scooters?
Q3-4: How would we ensure the safety of pedestrians on the sidewalk?
Q3-5: It's unclear whether the bicycles are allowed to ride on the sidewalk in any
direction or only in the direction which is the same as the on-street bicycles?
Q4: The modified Section 13.04.130 prohibit: "L. Use or allow the use of powered model
airplanes or drones except in areas so designated by the department of parks and
recreation;
Q4-1: Just wondering whether there is any area where model airplanes or drones are
allowed right now?
Q4-2: How would anyone apply to designate an area for model airplanes or drones?
Q4-3: Are model airplanes or drones allowed outside of parks? On public streest? On
sidewalks? In schools?
Thanks for the effort to clean up the code.
Liang
Liang Chao
Council Member
City Council
LiangChao@cupertino.org
408-777-3192