HomeMy WebLinkAboutCC 12-06-2022 Item No. 13. Small Wireless Facilities_Staff PresentationSTUDY SESSION
12/6/2022
SMALL WIRELESS FACILITIES
DRAFT ORDINANCE REVIEW
CC 12-06-2022 Item No. 13
Objectives
●Provide Direction on whether to proceed with
preparing an Ordinance and Regulations
●Provide Input On the Draft Ordinance & Draft
Regulations
●Staff Will Make Revisions (Subject to Legal Review)
●Bring Final Ordinance and Regulations for
Consideration in Future
Agenda
●What Cities Can and Can’t Do
●Discuss Efforts Undertaken by City
●Discuss Updated Preference List
●Draft Ordinance –What is Does
●Draft Regulations –What is New
Background
●Citites Can
Regulate Aesthetic
Appearances
●Cupertino Focused
on Outreach
●Draft Ordinance
strengthens City’s
process
Laws and Regulations
●Authority to Regulate Aesthetics and
Manage Public Right of Way
●Regulation Must Not Be Based on Health
Concerns
●Regulation Must Not “Materially Inhibit”
Wireless Service
●“Shot Clocks” for Application Review
●FCC 2018 Order:
https://docs.fcc.gov/public/attachments/F
CC-18-133A1.pdf
Prior Information
●Previous study sessions
●May 16, 2017
●May 15, 2018
●July 16, 2019
●May 5, 2020
●September 15, 2020
●April 20, 2021
●Council recommended
consideration of ordinance
●www.cupertino.org/5G
What Cupertino Has Done
Outreach
●Mailed Notifications
Property owners notified of installations
●Response to Community Inquiries
Inquiries heard, logged, & responded to
●Door Hangers
Placed prior to construction activities
●Cupertino.org
https://www.cupertino.org/5G
What Cupertino Has Done
Aesthetics
●Aesthetic Standards within City’s Jurisdiction
●Uniform Design Standard was Established
Spacing Requirements
●Created to Ensure no Monopoly of Services
●Currently 500-feet => Consider 750-feet
Site Preference Guidelines
●Preference for Commercial over Residential
●Consider Expanding for Clarity and Aesthetics
Current Preferred Siting Guidelines
●Category 1 –Preferred Locations
●Non-Residential
●Category 2 –Less Preferred Locations
●Residential
●Category 3 –Least Preferred Locations
●Close proximity to occupied
structures, schools, playgrounds.
●Prohibited if can be located in
Categories 1 & 2 and meet needs.
Proposed Installation Preferences
1 -Preferred Locations:
Mixed use and Non-Residential
2 -Residential along Arterial or Main streets
3 -Residential along Collector streets
4 -Other Residential Locations
5 -Within 100-feet of a School or State
Designated Protected Properties
6 -Installations on Wooden Poles
7 -Least Preferred Installations:
Strand Mounted Equipment
Tier 6 –
Wooden Utility Poles
Tier 7 –
Strand Mounted
Equipment
Draft Ordinance
●Requires a Permit
●Adopts Regulations to Implement Ordinance
●Requires Notification within 300’
●Authorizes establishment of Fee
●Provides for Resident Appeals to City Manager
●Provisions for Revocation/Removal of Facilities
Draft Regulations
●Establishes Requirements, including RF
Compliance and Testing
●Encourages Pre-submittal Community
Meetings
●Authorizes Peer Reviews
●Includes Standard Conditions of Approval
●Establishes Preference Tiers
●Includes Detailed Design Standards
●Establishes 750-foot minimum between facilities
from same carrier
Next Steps
●Provide Direction on whether to proceed with
preparing an Ordinance and Regulations
●Provide Input On the Draft Ordinance & Draft
Regulations
●Staff Will Make Revisions (Subject to Legal Review)
●Bring Final Ordinance and Regulations for
Consideration in Future
Questions?
Back Up Slides
Public Notification Radius
Cupertino -300’ Radius
Campbell -300’ Radius
Los Altos -500’ Radius
Los Gatos -300’ Radius
Mountain View -300’ Radius
Palo Alto -600’ Radius
San Jose -250’ Radius
Sunnyvale -300’ Radius
Public Commenting Period
Cupertino -21 Days
Campbell -14 Days
Los Altos -10 Days
Los Gatos -20 Days
Mountain View -7 Days
Palo Alto -14 Days
San Jose -20 Days
Sunnyvale -14 Days
Federal RF Exposure Standards
Spectrum Exhibit