HomeMy WebLinkAboutCC Resolution No. 25-081 approving the “Regulations for Construction, Operation, and Maintenance of Small Wireless Facilities in the Public Right of Way”RESOLUTION NO. 25-081
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
ACCEPTING REGULATIONS FOR CONSTRUCTION, OPERATION, AND
MAINTENANCE OF SMALL WIRELESS FACILITIES IN THE PUBLIC
RIGHT OF WAY (MUNCIPAL CODE CHAPTER 14.30)
WHEREAS, the rapid expansion of small wireless facilities in the City’s
public rights of way has created a need to establish ordinances and regulations to
ensure the orderly build of this infrastructure and to ensure the unique aesthetic
characteristics of the City are not disrupted or negatively affected; and
WHEREAS, the City Council of the City of Cupertino has discussed small
wireless facilities at numerous City Council meetings, including the meetings held
on May 16, 2017, May 15, 2018, July 16, 2019, May 5, 2020, September 15, 2020,
April 20, 2021, and December 16, 2022; and
WHEREAS, the City Council included the further evaluation of an
ordinance to regulate small wireless communication facilities in its City Work
Program for fiscal years 2022-23, 2024-25, and the current City Work Program for
2025-26, and
WHEREAS, the City Council provided direction on a draft ordinance
presented at the December 16, 2022 meeting; and
WHEREAS, the ordinance relies on regulations to implement the City’s
policies and procedures on the build out of small wireless facility networks;
WHEREAS, the regulations presented to City Council on September 16,
2025, establish the policies and procedures.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
accept the Regulations for Construction, Operation, and Maintenance of Small
Wireless Facilities in the Public Right Of Way.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Environmental Quality Act, together with related
State CEQA Guidelines (collectively, “CEQA”) because it has no potential for
resulting in physical change in the environment. In the event that this Ordinance
is found to be a project under CEQA, it is subject to the CEQA exemption
Resolution No. 25-081
Page 2
contained in CEQA Guidelines section 15303(d) because new construction or
conversion of small structures for utility extensions are categorically exempt.
CEQA applies only to actions which have the potential for causing a significant
effect on the environment. In this circumstance, the proposed action of adopting
Cupertino Municipal Code Section 14.30, which regulates the installation of small
wireless communication facilities in the public right of way, would have no or only
a de minimis effect on the environment. The foregoing determination is made by
the City Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 7th day of October, 2025, by the following vote:
Members of the City Council
AYES: Chao, Moore, Fruen, Mohan, Wang
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
________
Liang Chao, Mayor
City of Cupertino
_10/21/25_____________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
_10/21/2025_______________________
Date