CC 10-07-2025 Item No. 13 Small Wireless Facilities_PresentationCC 10-07-2025
Item No. 13
Amendments to
Cupertino Municipal
Code, adding Title 14,
Chapter 14.30
Presentation
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City Council
10/7/2025
SMALL WIRELESS FACILITIES
ORDINANCE AND REGULATIONS
CC 07-16-19#2
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Subject:
Introduce amendments to Cupertino Municipal Code,
adding Title 14, Chapter 14.30 Small Wireless Facilities In
Public Rights -Of-Way, pertaining to regulation of wireless
facilities within City streets.
Recommended Action:
1) Conduct the first reading of Ordinance 25 -____ “An
Ordinance of the City Council of the City of Cupertino
adding City Code Title 14 Chapter 14.30 Small Wireless
Facilities In Public Rights-Of-Way.”
2) Adopt Resolution No. 25 -___ approving the “Regulations
for Construction, Operation, and Maintenance of Small
Wireless Facilities in the Public Right of Way.”
3) Find that the proposed actions are exempt from CEQA.
Tonight’s Action
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Agenda
●Background
●Ordinance – What is Does
●Regulations – What is New
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Background
●Cities Can Regulate
Aesthetic
Appearances
●Cupertino Focused
on Outreach
●Draft Ordinance
strengthens City’s
process
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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
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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
●December 16, 2022
●www.cupertino.org/5G
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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
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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 1,000-foot minimum between
facilities from same carrier
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Proposed Installation Preferences
1 – Collocated Facilities
2- Mixed use and Non -Residential
3 - Residential along Arterial or Main streets
4 - Residential along Major Collector streets
5 - Residential along Minor Collector streets
6 - Other Residential Locations
7 - Within 1,000-feet of another wireless facility owned by the
same carrier.
8 – Within 100-feet of a protected property (PRC 5020.1(j)
9 – Any location within 25 -feet of an occupied structure
10 – New Standalone Poles
11 – Installations on Wooden Poles
12 - Strand Mounted Equipment
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Subject:
Introduce amendments to Cupertino Municipal Code,
adding Title 14, Chapter 14.30 Small Wireless Facilities In
Public Rights -Of-Way, pertaining to regulation of wireless
facilities within City streets.
Recommended Action:
1) Conduct the first reading of Ordinance 25 -____ “An
Ordinance of the City Council of the City of Cupertino
adding City Code Title 14 Chapter 14.30 Small Wireless
Facilities In Public Rights-Of-Way.”
2) Adopt Resolution No. 25 -___ approving the “Regulations
for Construction, Operation, and Maintenance of Small
Wireless Facilities in the Public Right of Way.”
3) Find that the proposed actions are exempt from CEQA.
Tonight’s Action
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Questions?
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Back Up Slides
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Spectrum Exhibit
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Federal RF Exposure Standards
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Tier 11 –
Wooden Utility Poles
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Tier 12 –
Strand Mounted
Equipment
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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
Berkeley - 500’ Radius
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Public Commenting Period
Cupertino - 21 Days
Campbell - 10 Days
Los Altos - 15 Days
Los Gatos - 20 Days
Mountain View - 7 Days
Palo Alto - 14 Days
San Jose - 20 Days
Sunnyvale - 14 Days