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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 This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV City Council 10/7/2025 SMALL WIRELESS FACILITIES ORDINANCE AND REGULATIONS CC 07-16-19#2 This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV 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 This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV Agenda ●Background ●Ordinance – What is Does ●Regulations – What is New This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV Background ●Cities Can Regulate Aesthetic Appearances ●Cupertino Focused on Outreach ●Draft Ordinance strengthens City’s process This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV 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 This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV 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 This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV 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 This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV 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 This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV 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 This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV 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 This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV Questions? This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV Back Up Slides This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV Spectrum Exhibit This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV Federal RF Exposure Standards This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV Tier 11 – Wooden Utility Poles This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV Tier 12 – Strand Mounted Equipment This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV 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 This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV This section may be cropped for TV 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