CC 09-16-2025 Searchable Packet.pdf — Cupertino City Council, September 16, 2025 (part 3 of 4)

improvement projects and the latter identified Stevens Creek Boulevard as the City's top corridor of concern in the High Injury Network; and WHEREAS, the process of completing the Stevens Creek Boulevard Corridor Vision Study (Vision Study) was launched in January 2023 and guided by the Stevens Creek Boulevard Corridor Steering Committee, comprised of elected officials from the participating jurisdictions, and with input from a working group of participating agency staff and a community advisory group; and WHEREAS, the Vision Study was completed in December 2024 and presented to the governing body of each jurisdiction for acceptance; and WHEREAS, California Government Code Section 65088 establishes the framework for Congestion Management Programs and emphasizes the need for VTA to develop and implement transportation investment priorities based on regional needs; and
WHEREAS, the City of Cupertino desires to work collaboratively with the corridor agencies to further evaluate and potentially advance the Vision Study's recommendations by making data-driven and fiscally responsible decisions; and NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby conditionally accept the Vision Study, but requires the following conditions be met before supporting the recommended implementation actions of the long-term project, which consists of grade-separated high-capacity transit:

A. Prepare a comprehensive regional travel demand and needs analysis.

1. Complete of a cost-benefit analysis, including local fiscal impacts for any high-capacity transit proposal.

B. Assess future transportation technologies and their compatibility with proposed improvements along the corridor (e.g., autonomous vehicles and microtransit)
C. Preserve, to the maximum extent feasible, Cupertino's existing investments along the corridor.

D. City Council review and approval of any implementation steps involving infrastructure or land use changes within Cupertino City limits
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Resolution No. 25-_____________

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2. BE IT FURTHER RESOLVED THAT, the City wishes to ensure the following:

A. The City reaffirms its commitment to the provisions contained within Resolution 19-089, specifically that “high-capacity transit service along the corridor on City surface streets would not use general purpose travel lanes or adversely impact vehicular capacity,” and that it should “be grade separated, and timecompetitive with auto travel.” B. The City continues to advocate for a study, as stated in Resolution 19-089, of “an alternate alignment in Cupertino along I-280, continuing to DeAnza College at the junction of SR85 and Stevens Creek Boulevard, ensuring service to areas of high employment density and De Anza College, while connecting the Cities of San Jose, Santa Clara, and Cupertino, supported by, and developed in collaboration with, the Santa Clara Valley Transportation Authority.”
C. The City maintains final decision-making authority regarding any projects or recommendations located within the City of Cupertino.

D. All projects within the City of Cupertino, including any intersection modifications, will conform to the City’s standard processes, plans, and procedures for public outreach and approval.

BE IT FURTHER RESOLVED THAT, the City remains committed to:

A. Improving safety along Stevens Creek Boulevard and other corridors throughout the City by implementing the Vision Zero Action Plan, the Local Roadway Safety Plan, and the Bicycle and Pedestrian Master Plans.

B. Prioritizing investments in safety, with a focus on, but not limited to, technology and innovation such as adaptive traffic signalization and active pedestrian detection.

C. Considering cost-effective options to maintain prudent fiscal management and responsible allocation of public resources.

BE IT FURTHER RESOLVED, the City does not support immediate funding or implementation of costly high-capacity transit in the 9-mile Stevens Creek Corridor without clear regional need and VTA prioritization under Government Code Section 65088. Cupertino's support for future implementation efforts will be conditioned as specified above. The City urges VTA and MTC to develop a regionally prioritized transportation investment plan that allocates funding based 382
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Resolution No. 25-_____________

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on demonstrated need, and to evaluate the costs and benefits of any Stevens Creek high-capacity transit proposal. The City directs staff to collaborate with VTA, MTC, and other agencies to advocate for a data-driven, needs-based approach to transportation planning, ensuring taxpayer funds are allocated responsibly and with clear benefit.

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 Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action to accept the Vision Study would have no or only a de minimis effect on the environment because the action involves only the acceptance of a document and does not approve or implement any specific project, policy, or physical improvements. 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 16th day of September, 2025, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
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Resolution No. 25-_____________

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ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY COUNCIL STAFF REPORT
Meeting: September 3, 2025
Subject
Conditional acceptance of the Stevens Creek Boulevard Corridor Vision Study Recommended Action
Adopt Resolution No, 25-____, conditionally accepting the Stevens Creek Boulevard Corridor Vision Study, including the additional qualifications recommended by the Cupertino Bicycle Pedestrian Commission and Planning Commission, and directing City staff to work through the multijurisdictional working group and Steering Committee to further assess the Study's recommendations and opportunities for implementation.

Discussion
The Stevens Creek Boulevard Corridor Vision Study (Attachment A) is a multi-agency planning study between the Cities of Cupertino, San Jose, Santa Clara, the County of Santa Clara, and the Santa Clara Valley Transportation Authority (VTA). This Study outlines a vision for the future of the nine-mile Stevens Creek Boulevard/West San Carlos Street Corridor, emphasizing the need for coordinated planning and transportation improvements across the participating jurisdictions. The Study builds on prior local planning efforts and incorporates extensive community input to develop recommendations for future infrastructure and policy changes that reflect community priorities.

In 2019, the Cities of Cupertino, Santa Clara, San Jose, and the County of Santa Clara each adopted resolutions expressing support for initiating a project to study the Stevens Creek Boulevard Corridor. This action formalized a multijurisdictional commitment to create a vision for multimodal transportation along the Corridor. All 2019 agency resolutions are included in this report as Attachment B.

Cupertino’s resolution, adopted by the City Council on July 16, 2019, affirmed the City’s support for a transit efficiency and streetscape improvement study. This resolution emphasized Cupertino's commitment to safe, multimodal transportation while ensuring that transit solutions align with community and regional goals without reducing vehicular capacity. The resolution explicitly laid out Cupertino’s interests as follows:
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1) Support efforts to study improving transit efficiency and streetscape improvements along the Stevens Creek Boulevard corridor, and 2) Support continuing ongoing conversations regarding high-capacity transit service along the Stevens Creek Boulevard/ I-280 corridor, with the understanding that it would:
a) Not use general purpose travel lanes or adversely impact vehicular capacity on City surface streets; and
b) Be grade-separated and time-competitive with auto travel; and c) Study an alternate alignment in Cupertino along I-280, continuing to DeAnza College at the junction of SR85 and Stevens Creek Boulevard, ensuring service to areas of high employment density and De Anza College while connecting the Cities of San Jose, Santa Clara, and Cupertino, supported by, and developed in collaboration with, the Santa Clara Valley Transportation Authority; and
3) Authorizes the City Manager or designee to assess resources needed to develop these projects and report findings to the City Council.

In June 2022, the City Council approved $154,079 in funding to participate in the project.

The City of San Jose procured transportation consultant services (Iteris Inc. and Winter Consulting) for the Study and entered into funding reimbursement agreements with all participating jurisdictions. In early 2023, the Vision Study consulting team began early engagement with the various community groups and stakeholders along the Stevens Creek Boulevard corridor.

The Stevens Creek Boulevard Corridor Vision Study presents a set of communityidentified programs and projects to enhance transportation options along the Corridor.

The Study outlines a long-term community vision for the Corridor that balances the needs of pedestrians, bicyclists, transit users, and motorists, ensuring safety, comfort, and accessibility for all.

The Study was led by a Steering Committee of elected officials from the Cities of Cupertino, Santa Clara, San Jose, as well as Santa Clara County, and VTA. This committee ensured high-level policy alignment and oversight throughout the project.

The Steering Committee established a twelve-member Community Advisory Group (CAG) comprising local residents, businesses, and advocacy groups to provide diverse perspectives and critical feedback. CAG participants were suggested by city staff, as directed by the Steering Committee. Prior to the start of the project, a list of stakeholder groups was identified for general project outreach. Those who responded were invited to participate in the CAG. Committee members could also refer individuals they believed would be valuable participants. These referrals were directed to the project team for follow-up. Final decisions regarding CAG membership were made by the Committee Chair. A formal Committee vote was not taken. The CAG met four times in a public open house format to help refine key community priorities. 386
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Public engagement involved surveys, webinars, pop-up events, and other community outreach methods. Winter Consultants was hired to lead the outreach process, and project partner agencies worked collaboratively with Winter to develop an outreach strategy tailored to their respective communities' unique needs.

The Vision Study provides improvement project recommendations, categorized into near-, medium-, and long-term recommendations:

1. Near-Term Recommendations (within 5 years):
• Establish corridor identity and maintenance programs. • Implement transit speed and reliability policy improvements. • Upgrade bicycle and pedestrian infrastructure.

2. Medium-Term Recommendations (5-10 years):
• Improve intersections and crossings for safer pedestrian and bicyclist movements.
• Enhance connectivity between neighborhoods and transit stops through walking and biking network gap closures.

3. Long-Term Recommendations (20+ years):
• Pursue grant funding to study a high-capacity, separated transit system connecting Cupertino to San Jose's Diridon Station, offering a 20-minute travel time.

This is not a prescriptive plan for immediate implementation but rather a collaborative, phased understanding to address community priorities and agency goals. The recommendations focus on near-, medium-, and long-term improvement recommendations that align with community input and policy objectives, with project delivery dependent on interagency coordination and resource availability. If jurisdictions decide to move forward with specific policies or projects, then additional local approval and funding would be required to advance those improvements.

On April 16, 2025, the Bicycle Pedestrian Commission reviewed the Stevens Creek Boulevard Corridor Vision Study and passed a motion recommending that the City Council accept the Study with specific qualifications:
• The City maintains final decision-making authority regarding any projects or recommendations contained within the Vision Study.
• The BPC reaffirms the City’s commitment to the provisions contained within Resolution 19-089.
• All projects within the City of Cupertino, including any intersection modifications, will conform to the City’s standard processes, plans, and procedures relating to public outreach and approval.
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On May 13, 2025, the Cupertino Planning Commission reaffirmed the BPC motion and voted unanimously to recommend that the Cupertino City Council accept the Stevens Creek Boulevard Corridor Vision Study, with the following additional qualifications:
• Prioritize investments in identity and maintenance.
• Prioritize investments in safety, with a focus on, but not limited to, technology and innovation such as adaptive traffic signalization and active pedestrian detection. • Prioritize cost by limiting the corridor up to Bubb Road and limiting the study of transit alternatives to grade-separated transit.
• Invest in off-corridor bicycle and pedestrian networks such as, but not limited to, the Lawrence Mitty Trail and Tamien Innu.

The acceptance of the Vision Study has been considered by all project partner agency Boards and Councils except Cupertino. The actions taken by these bodies are as follows:
• City of Santa Clara: The City Council adopted a resolution accepting the Stevens Creek Boulevard Vision Study on May 27, 2025.
• City of San Jose: The City Council adopted a resolution accepting the Stevens Creek Boulevard Vision Study on March 24, 2025.
• County of Santa Clara: The Board of Supervisors approved the Stevens Creek Boulevard Vision Study on June 17, 2025.
• Valley Transportation Authority: The Board of Directors approved the Stevens Creek Boulevard Vision Study on May 1, 2025.

Next steps for the project are still being discussed among the participating agencies but are likely to include keeping the Steering Committee and the working group in their current forms to continue conversations about the corridor’s future. Accepting the study signals Cupertino’s support of ongoing coordination efforts, but it is important to note that if the City accepts the Study, it does not constitute the City’s approval of any or all recommendations listed in the Study, and the pursuit of each recommendation would be at the discretion of each participating jurisdiction.

Sustainability Impact
No sustainability impact.

California Environmental Quality Act (CEQA)
The project is not subject to CEQA.

Fiscal Impact
There is no fiscal impact from accepting the Study.
_____________________________________
Prepared by: Matthew Schroeder, Senior Transportation Planner Reviewed by: David Stillman, Transportation Manager
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Chad Mosley, Director of Public Works
Approved for Submission by: Tina Kapoor, Interim City Manager Attachments:

A – Stevens Creek Boulevard Corridor Vision Study
B – Resolution 19-089
C – Draft Resolution
D – Mayor Chao – Recommendation Resolution
E – Vice Mayor Moore – Recommendation Resolution
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CITY OF CUPERTINO
Agenda Item
25-14098 Agenda Date: 9/16/2025
Agenda #: 20.

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

1. Conduct the first reading of Ordinance 25-2276“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-OfWay”;

2. Adopt Resolution No. 25-081 approving the “Regulations for Construction, Operation, and Maintenance of Small Wireless Facilities in the Public Right of Way”; and

3. Find that the proposed actions are exempt from CEQA.

CITY OF CUPERTINO Page 1 of 1 Printed on 9/11/2025
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CITY COUNCIL STAFF REPORT
Meeting: September 16, 2025
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.

Executive Summary
Staff presented a draft ordinance and regulations to City Council on December 6, 2022, and received feedback regarding further refinement to finalize the documents. This information has been incorporated into the proposed ordinance and regulations. The ordinance and regulations strengthen the City’s permitting process for small wireless facilities while complying with federal regulations and state law. The updated ordinance and regulations:
1) Establish standards for more- and less-preferred locations for small wireless facilities.
2) Include procedures for RF exposure verification and authorizes the Public Works Director to obtain a peer review of RF exposure analyses. 3) Amend the timing of certain pre-application notification activities to ensure consistency with shot clock requirements.
4) Grant applicants and residents or owners within 300 feet of a proposed wireless facility the right to appeal the Public Works Director’s decision regarding a permit application to the City Manager.
5) Authorize the Public Work’s Director to revoke or modify permits based on changes in the state or federal law that expand the City’s authority. 391
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6) Work to create a 1,000-foot separation radius between small wireless facilities from the same carrier.

Background
Small cell wireless communication facilities, often mistakenly referred to as "5G", are a type of wireless infrastructure. Traditionally, wireless facilities were large antennas placed high above the ground that service a wide area (referred to as "macrocells").

Small wireless facilities provide spot coverage to a relatively small area, and therefore a denser network of small wireless facilities has generally been needed to enhance wireless capacity. Small wireless facilities are typically installed on existing infrastructure such as streetlights.

However, because small wireless facilities are often installed in close proximity to homes and businesses, local jurisdictions have developed targeted regulations to aid in addressing the impacts of the facilities.

The City has held seven City Council study sessions on the subject of small wireless facilities. These study sessions have covered many matters including legal issues, aesthetic concerns, permitting guidelines, noticing requirements, and siting preferences.

Much of what was discussed at these meetings, including the federal and state laws governing the installation of these facilities, remains relevant. Links to videos of these meetings, as well as additional information on small cell facilities, can be found on the City’s webpage here: https://www.cupertino.org/our-city/departments/publicworks/permitting-development-services/small-cell-information.

At the City Council meeting on April 20, 2021, Council was presented with updated permitting guidelines for small cell wireless facilities in the public right of way. Council requested at this meeting that staff consider creating an ordinance to further support the permitting guidelines and to establish objective criteria for the siting of the facilities.

Staff presented a draft ordinance and regulations to City Council on December 6, 2022, and received feedback regarding further refinement to finalize the documents. Staff has incorporated this input and has prepared an ordinance and regulations that strengthens the City’s permitting process for small wireless facilities while complying with federal regulations and state law and incorporating recommendations from City Council.

Background on Relevant State and Federal Law and Regulations Under state and federal law, wireless communications providers are given the right to install wireless facilities, including small wireless facilities, within the public right of way, subject to certain preserved local powers. Local authority to regulate small wireless facilities is limited under these same laws. In particular, the Federal Communications Commission (FCC) has established certain limits and regulations regarding the permitting of small wireless facilities. These limits are designed to facilitate rapid deployment of small wireless (“5G”) cellular networks. These limits include generally:
• Time limits on the processing of small cell permit applications (Shot Clocks). 392
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• Federal preemption of state or local regulations relating to the health effects of small wireless facilities.
• Federal preemption of any local regulation that “materially inhibits” the construction of small wireless facilities.

Local jurisdictions retain the ability to regulate small wireless facilities based on public safety and reasonable aesthetic concerns. To reduce the aesthetic impacts of small wireless facilities, a local government can set design standards such as requiring screening or shrouding of facilities and having equipment coloring match the pole.

These design standards must be technically feasible and directed at addressing aesthetic harms and may not have the effect of prohibiting installations or preventing a carrier from improving the quality of their service.

Federal and state law restrict the City’s authority to regulate small wireless services.

However, the City retains the authority to address aesthetic and public safety concerns arising from the installation of small wireless facilities, subject to the conditions discussed below.
• Regulation of Wireless Facilities May Be Based on Aesthetic and Public Safety Concerns
State and federal law and regulations, including the Federal Telecommunications Act (FTC) of 1996 and provisions of the California Government Code and Public Utilities Code, govern how local jurisdictions may regulate wireless facilities, including small wireless facilities installed in the public right of way. Local governments, retain the authority to establish aesthetic conditions for land use, including the authority to regulate small wireless facilities’ design and placement, as long as placement regulations do not inhibit a carrier’s ability to enhance their services. They also have authority to manage the right of way to ensure public safety and to coordinate uses.

These powers enable local governments to enact regulations that would prevent small cell facilities from interfering with use of the right of way and to protect public safety by ensuring the poles on which small cells are mounted will securely bear their weight. To reduce the aesthetic impacts of small cell facilities, a local government can set design standards such as requiring screening of facilities and having equipment coloring match the pole. Under FCC regulations, local aesthetic requirements are not preempted if they are (1) reasonable, (2) no more burdensome than those applied to other types of infrastructure deployments, and (3) published in advance. • Regulation of Wireless Facilities Must Not Be Based on Health Concerns Under federal law, a local government may not set standards for wireless facilities based on concern over Radio Frequency (RF) emissions from those facilities, beyond requiring that those facilities’ emissions meet the FCC’s established emission limits. RF emissions from small wireless facilities in Cupertino typically fall around 100 times below the FCC’s limits. So long as a small wireless facility complies with FCC 393
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standards, the City may not establish location requirements, deny a permit application, or impose permit conditions for the facility based on concerns over its perceived health effects.
• Regulation Must Not Have the Effect of Prohibiting Wireless Service Federal law also requires that local government regulation of wireless service not prohibit or have the effect of prohibiting the provision of personal wireless services.

The FCC’s September 2018 Order specified that “an effective prohibition occurs” when a regulation “materially inhibits a provider’s ability to engage in any of a variety of activities related to its provision of a covered service.” It further specified that a local jurisdiction’s regulation of wireless services can amount to an effective prohibition where it prevents a carrier from improving the quality of their service or from adding new technologies and services, not just where it prevents a carrier from filling gaps in service.

This means that a jurisdiction cannot deny a service provider’s wireless facility application on the basis that the jurisdiction finds the provider’s existing coverage or range of services adequate. Local governments also may not enact a blanket prohibition on installation of small wireless facilities in a particular area of the City or in specific neighborhoods. However, a jurisdiction could have grounds to deny a specific placement of a small cellular facility if there is a reasonable alternative location available
• “Shot Clocks” for Review of Small Cell Facility Applications Federal law also requires local governments to act on applications for new wireless facilities within “a reasonable period of time.” The FCC’s September 2018 Order sets time limits, or “shot clocks,” defining presumptively reasonable periods of time for review of small cell facility applications. Under the FCC’s Order, a jurisdiction has 60 days to review an application for collocation of a small wireless facility on an existing structure and 90 days for review of an application to permit a new small wireless facility.

Aesthetics
The City of Cupertino, through coordination with various wireless providers, has developed aesthetic standards for small cell facilities on street light poles that accommodate equipment from all wireless providers while ensuring a generally homogenous appearance for the facilities. The intent of the aesthetic standards is to ensure the City had an objective design standard for each carrier to follow and to ensure consistency of design among different facilities. The City Council recommended developing a homogenous design in 2016 and recognized the aesthetic design standards for small wireless facilities (Attachment D) in 2017, when it approved the AT&T master agreement.

Distances between small wireless facilities
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The FCC’s September 2018 Order states that “a minimum spacing requirement [for small cells] that has the effect of materially inhibiting wireless service would be considered an effective prohibition of service” (FCC 18-133 paragraph 87).

The proposed regulations set a preferred distance between small cell facilities of the same carrier at 1,000’, unless a carrier can provide documentation showing that a location that is closer than 1,000’ is the only feasible location that meets their service needs.

Noticing of planned installations
Cupertino has also worked to enhance transparency of the permitting process for its residents through various avenues, including mailed notices, extensive online information, e-notification of permitting activities and other means, including the longest notification period of any jurisdiction in Santa Clara County.

Due to the FCC’s September 2018 Order which sets time limits for completion of the review of small cell facility applications, the City typically has 90 days to review an application for a small cell facility. As part of the regulations, the City has incorporated a public notification process whereby carriers are required to notify all property owners located within 300’ of the proposed location. Property owners may comment to the applicants or directly to the City. The applicants are required to track and provide to the City a log of all comments and responses received.

The City has set a 21-day period in which the public can comment on the installation before the City will consider issuing a permit for installation of a small wireless facility.

Although the comment period is 21-days, in practice, the City accepts and reviews all correspondence from residents regarding small cell facilities, even after the comment period has ended. It should be noted that Cupertino has the longest comment period of any of its surrounding communities, with other cities having comment periods that range from 7 days to 20 days:

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
To provide further notification, transparency, and information to Cupertino residents, the City has created an online GIS map and e-notification sign-up list. The GIS Map shows all proposed, permitted, and active small wireless facilities within the city, and the e-notification signup will alert interested parties, via email, of any updates to the 395
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map. The GIS map and e-notification signup can be found on the Cupertino website here: https://www.cupertino.org/our-city/departments/public-works/permittingdevelopment-services/small-cell-information.

Site Preference Guidelines
The wireless regulations include revised location preferences. The site preference standards incorporate input from City Council and help ensure permitted small cell facilities are installed to minimize visual impacts and to prioritize commercial locations.

The standards provide twelve tiers of preference, which range from Preferred Facilities (1) to Least Preferred Facilities (12). The preferences are described as follows:
1) Locations where collocation of equipment with existing wireless facilities is feasible within preferred facility tiers 2 through 7.
2) Locations within mixed use or non-residential districts. 3) Locations within residential districts on or along boulevards (arterials), as shown on the circulation network of the General Plan.
4) Locations within residential districts on or along avenues designated as major collector streets, as shown on the circulation network of the General Plan. 5) Locations within residential districts on or along avenues designated as minor collector streets, as shown on the circulation network of the General Plan. 6) Other locations within residential districts.
7) Any location within 1,000 feet of an existing or proposed wireless facility serving the same carrier and/or network.
8) Any location within 100 feet of a property that is eligible for protection under the State Public Resources Code Section 5020.1(j).
9) Any location within 25 feet of an occupied structure, residential dwelling, or school.
10) New standalone poles that serve only the wireless facility and which do not house City owned streetlights or other publicly owned facilities. 11) Installations on wooden utility poles.
12) Any location where strand-mounted equipment of any kind is proposed.

A facility shall not be permitted within 1,000 feet of an existing or proposed wireless facility serving the same carrier and/or network, unless the applicant can provide documentation showing that a specific site is the only feasible option available to meet the carrier’s needs.

Wireless Ordinance
Cupertino has historically regulated small wireless facilities using encroachment permits and formal administrative written guidelines. Staff has prepared this wireless ordinance 396
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tailored specifically to wireless facilities in the public right of way. Staff has also prepared regulations that include siting preferences and design requirements. The adoption of the regulations would be authorized by the draft ordinance. The intent of the proposed ordinance and regulations is to ensure that local control over the placement of small wireless facilities is retained to the greatest extent permitted under state and federal law, while also creating clear, enforceable rules that can be applied by the Public Works staff who administer the program.

The ordinance includes the following provisions:
• Requires carriers to obtain a “wireless ROW permit” (encroachment permit) for any installation of a wireless facility in the public right of way. • Authorizes the adoption of regulations to implement the provisions of the ordinance. The ordinance requires any revisions to the regulations other than a minor modification, as defined, to be approved by the City Council. • Establishes an application procedure and requires that applicants provide notice to all residents and property owners within 300-feet of a proposed small wireless facility.
• Authorizes the City Council to establish a fee for processing a wireless ROW permit application.
• Authorizes the Public Works Director to make findings to approve or deny a wireless ROW permit application and provides for an administrative appeal of the Director’s decision.
• Includes provisions for the revocation of permits and the removal of equipment following the revocation or termination of a wireless ROW permit.

The wireless regulations include the following provisions:
• Establishes specific application requirements, including requirements to evaluate alternative locations for the proposed small wireless facilities and to prepare a RF compliance report for each facility. The regulations also incorporate RF testing requirements described in the City’s master license agreements. • Encourages a voluntary pre-submittal community meeting, consistent with the FCC rulemaking.
• Authorizes the peer review of applicant submittals, including RF compliance reports, at the expense of the applicant.
• Establishes standard conditions of approval.
• Establishes siting and placement preferences for small wireless facilities, with collocated equipment, and mixed-use and non-residential districts being the most preferred locations.
• Includes detailed design standards, including standards for noise, landscaping, concealment, lighting, and facility size.
• Establishes a 1,000-foot separation radius, based on Council input, between small wireless facilities from the same carrier unless the applicant demonstrates that installation of the facility located within the radius is required by applicable state or federal law, or the Director determines a less-preferred location is necessary to 397
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protect public health, safety, or welfare, based on clear and convincing evidence and specific characteristics of the location of the proposed facility.

The redlined versions of the ordinance and regulations provided in the attachments, show the changes that were made to the previously presented draft ordinance and draft regulations. These changes were based on City Council input and legal review.

Staff is recommending that City Council conduct a first reading of the ordinance and adopt the draft resolution for approval of the regulations.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program (CWP) Item/Description
Yes, FY 25-26
5G Ordinance: Prepare an ordinance that regulates small cellular facilities in the public right ow way.

Council Goal:

Quality of Life
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: Chad Mosley, Director of Public Works
Reviewed by: Floy Andrews, Interim City Attorney
Approved for Submission by: Tina Kapoor, Interim City Manager Attachments:

A – Ordinance – Chapter 14.30 (Clean)
B - Ordinance – Chapter 14.30 (Redlines)
C – Wireless Regulations (Clean)
D - Wireless Regulations (Redlines)
E - Draft Resolution
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01276.0006 2037689.1 1
ORDINANCE NO. 25-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE BY ADDING CHAPTER 14.30 - SMALL WIRELESS FACILITIES IN PUBLIC RIGHTS‐OF‐WAY
The City Council of the City of Cupertino finds that:

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 construction of this infrastructure within the City and to protect the unique aesthetic characteristics of the City; and
WHEREAS, the City Council of the City of Cupertino has considered the regulation of small wireless facilities at various City Council meetings, including 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 that input has been incorporated herein, and WHEREAS, the City Council held a duly noticed public hearing on September 16, 2025, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof.

NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended to add the following new section(s):
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01276.0006 2037689.1 2
Chapter 14.30 SMALL WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY

14.30.010 Purpose.

The purpose of this chapter is to establish a process for uniform standards for reviewing and acting upon requests for the placement of small wireless facilities within the public rights-of-way of the City consistent with the City’s obligation to promote the public health, safety, and welfare, to manage the public rights-of-way, and to ensure that the public is not incommoded by the use of the public rights-of-way for the placement of small wireless facilities. The City recognizes the role of personal wireless facilities to provide personal wireless service to the residents and businesses within the City. No provision of this chapter shall be interpreted in a manner that violates state or federal law.

14.30.020 Definitions.

A. The abbreviations, phrases, terms, and words used in this chapter will have the following meanings assigned to them unless context indicates otherwise. Undefined phrases, terms, or words in this chapter will have their ordinary meanings.

B. The definitions in this chapter shall control over conflicting definitions for the same or similar abbreviations, phrases, terms, or words as may be defined elsewhere in the Municipal Code.

C. Definitions.

1. “Applicant” means a person filing an application for placement or modification of a small wireless facility in the public right-of-way.

2. “Application” means a formal request, including all required and requested documentation and information, submitted by an applicant to the city for a wireless ROW permit.

3. “City Manager” means the City Manager or their designee.

4. “Director” means the Director of the Department of Public Works or their designee.

5. “Eligible facilities request” has the meaning as set forth in 47 C.F.R. Section

1.6100(b)(3), or any successor provision.
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6. “FCC” means the Federal Communications Commission or its lawful successor.

7. “Permittee” means any person or entity granted a wireless ROW permit pursuant to this chapter.

8. “Personal wireless services” has the same meaning as set forth in 47 U.S.C.

Section 332(c)(7)(C)(i).

9. “Public right-of-way,” “right-of-way,” or “ROW” means any public street, public way, or public place within the City limits, either owned by the City, dedicated to the City or granted by easement to the public for the purpose of travel, and which the City has the responsibility to maintain or manage. “Public right-of-way,” “right-of-way,” or “ROW” includes all or any part of the entire width of right-of-way, and above and below the same, whether or not such entire area is actually used for travel purposes.

10. “Support structure” means any structure capable of supporting a base station.

11. “Small wireless facility,” “wireless facility” or “facility” means the transmitters, antenna structures, and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s) used to provide personal wireless services, as defined in 47 C.F.R. § 1.6002(l).

12. “Wireless regulations” means regulations adopted pursuant to Section 14.30.040 and implementing the provisions of this chapter.

13. “Wireless ROW permit” means a permit issued pursuant to this chapter authorizing the placement or modification of a small wireless facility of a design specified in the permit at a particular location within the right-of-way.

14.30.030 Applicability.

A. Permit Required. Unless exempted, every person who seeks to place a small wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain a wireless ROW permit authorizing the placement or modification of the facility in accordance with this chapter.

B. Exemptions. This chapter does not apply to any of the following:

1. The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes.
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2. The use of a mobile wireless facility to provide temporarily for wireless services in the event of an emergency, for no longer than the duration of interruption in services due to the emergency. This exception does not authorize the excavation, movement, or removal of existing functional facilities.

3. Wireless communications facilities permitted under Chapter 19.136.

C. Other Legal Requirements. In addition to the requirements of this chapter, an applicant seeking to place small wireless facilities in the right-of-way shall comply with other applicable local, state, and federal laws and regulations, including but not limited to applicable FCC regulations governing radio frequency emissions, the Americans with Disabilities Act, and all applicable building standards. A valid wireless ROW permit issued pursuant to the requirements of this chapter and the wireless regulations shall be deemed to satisfy the requirements of Municipal Code Chapter 14.08.

D. Existing Wireless Facilities. Any permitted small wireless facility already existing in the right-of-way as of the date of this chapter’s adoption shall remain subject to the standards and conditions of the Municipal Code in effect prior to effective date of this chapter, unless and until a renewal of such facility’s then-existing permit is granted, at which time the provisions of this chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre-existing facilities shall be conducted pursuant to this chapter.

E. Public Use. Except as otherwise provided by state or federal law, any use of the public right-of-way authorized pursuant to this chapter will be subordinate to the City’s use and use by the public.

14.30.040 Wireless Standards and Regulations.

A. Adoption and Amendment Regulations. The Director shall develop wireless standards regulations to implement the requirements of this chapter including regulations governing eligible facility requests. The City Council shall approve the adoption of the wireless regulations and shall approve any amendments to the wireless regulations, except for minor modifications as set forth in Paragraph B. Applicants shall engineer, design, and locate the small wireless facilities in accordance with the standards and wireless regulations adopted by the City Council.

B. Minor Modifications. The Director may approve any modification of the wireless regulations to the extent that such modification does not have the potential to substantially enlarge or expand the scope of use of the right-of-way for the provision of 402
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personal wireless service, the potential to interfere with the use or management of the right-of-way, or the potential to substantially impair public health, safety, and welfare (“minor modification”). The Director shall notify the City Council of a proposed minor modification of the wireless regulations at least 10 business days before the modification takes effect. Prior to the effective date of a proposed minor modification, any Councilmember may request that Council review the minor modification before it takes effect. A request for review shall stay the implementation of the minor modification until the City Council completes its review. The City Council may in its discretion approve, modify, or reject the proposed minor modification.

14.30.050 Applications.

A. Application Procedures. The Director shall develop forms and procedures for submission of applications for placement or modification of small wireless facilities and proposed changes to any support structure consistent with this chapter.

B. Content of Application.

1. An applicant shall submit an application on the form approved by the Director, which may be updated from time to time, but in any event shall require the submission of all required fees, documents, information, and any other materials necessary to allow the Director to make required findings and ensure that the proposed facility will comply with applicable federal and state law and the Municipal Code and will not endanger the public health, safety, or welfare.

2. An application for an eligible facility request shall be made in a form approved by the Director and shall contain information sufficient to determine whether the proposed facility complies with the requirements of 46 C.F.R. § 1.6100. An application for an eligible facilities request shall be subject to the requirements of this chapter and the wireless regulations to the extent expressly stated in this chapter or the regulations.

D. Public Notice. At least 21 days prior to when an application may be approved, the applicant shall: (1) post notice at the proposed project site in a location near to and visible from the right-of-way; (2) notify in writing, in a form approved by the Director, of the filing of the application to property owners and residents of all property within a 300- foot radius of the proposed project; and (3) provide the City with evidence that notice has been provided pursuant to Subparagraphs (1) and (2). The applicant shall maintain and replace the posted notice as necessary during the entire application review process until the Director acts on the application and all appeals have been exhausted. The posted notice shall be composed from durable quality and weather-resistant materials that will 403
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not deteriorate under normal circumstances for at least one hundred 180 calendar days.

The posted notice shall be at minimum 11 inches wide by 17 inches tall. The posted notice shall not be placed in any location where it would obstruct travel or visibility for vehicles, bicycles, pedestrians, or other users in the right-of-way.

E. Fees. Application fees shall be set by resolution of the City Council and shall be required to be submitted with any application for a wireless ROW permit.

F. Review of Applications. Upon receipt of any fee established by this chapter, the Director shall review an application for the placement or modification of a wireless facility and shall issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued. If an application is incomplete, the Director may notify the applicant in writing, specifying the material omitted from the application. The Director may in their discretion deem any incomplete application withdrawn after 60 days.

14.30.060 Decisions of the Director.

A. Authority of Director. Subject to the rights of appeal provided herein, the Director shall determine whether to approve, approve subject to conditions, or deny an application. The Director may take such other steps as may be required to timely act upon applications for placement or modification of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.

B. Findings. Except for eligible facilities requests, the Director shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, they find each of the following:

1. The application is complete and provides all information required by this chapter and the wireless regulations.

2. The facility meets all applicable local, state, and federal health and safety standards, including federal standards for radiofrequency emissions.

3. The facility complies with this chapter and all applicable wireless standards and regulations.

The Director’s decision to approve, deny, or conditionally approve an application shall be in writing and include the reasons for the decision.

C. Eligible Facilities Requests. For eligible facilities requests, the Director shall approve an application if, on the basis of the application and other materials or evidence provided 404
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in review thereof, they find that the application meets the requirements set forth in 47 C.F.R. § 1.6100 and the proposed facility complies with all applicable state and federal laws and regulations. The conditions of any permit previously issued for the eligible facility shall apply to the maximum extent permitted by federal and state law and regulations.

D. Conditions of Approval. All permits issued under this chapter shall include conditions of approval sufficient to ensure compliance with the requirements of this chapter and the wireless regulations, as may be set forth in the wireless regulations.

E. Independent Consultants. The Director may in their discretion select and retain independent consultant(s) with expertise and appropriate credentials in telecommunications, building or structural standards, and/or electrical or fire safety in connection with the review of any application under this chapter. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including but not limited to application completeness or accuracy, engineering analysis, or compliance with FCC radio frequency emissions limits. Nothing in this paragraph authorizes the City to evaluate the health effects of a proposed wireless facility, except to determine that the facility complies with radio frequency emissions limits established by the FCC.

F. Waivers. Requests for waivers from any requirement of this chapter or the wireless regulations shall be made in writing to the Director. The Director may grant a request for waiver only if (1) the applicant demonstrates that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit or materially inhibit the provision of personal wireless services, or otherwise violate applicable state or federal laws or regulations, or (2) with respect to a standard or requirement set forth in the wireless regulations, the Director determines based on clear and convincing evidence that a waiver of the standard or requirement is necessary to protect public health, safety, or welfare, based on specific characteristics of the proposed facility. All waivers approved pursuant to this Paragraph shall be granted only on a case-by-case basis and shall be narrowly tailored so that the requirements of this chapter are waived only to the extent necessary to comply with state or federal law or regulations or to protect public health, safety, or welfare.

G. Notice to Interested Persons. The Director shall establish a procedure to allow any interested person who receives notice pursuant to Section 14.30.050(D) to be notified of any decision made pursuant to this Section.
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14.30.070 Appeals.

A. Right to Appeal; Appeal Fee. An applicant or any person entitled to receive notice pursuant to Section 14.30.050(D) may request an administrative hearing to appeal the director’s decision. In order to request a hearing, the affected person shall submit to the City Clerk an administrative hearing form along with the full amount of any appeal fee.

The request for administrative hearing shall be incomplete if it does not include the deposit in the full amount of any appeal fee. The deposit will be retained in a noninterest bearing account until the matter is resolved. Any appeal fee shall be refunded to the appellant if their appeal is granted. The administrative hearing form shall include the location or address of the proposed wireless facility that is the subject of the appeal, as well as the grounds for which the appeal is being submitted.

B. Time to Appeal. Appeals must be filed within five business days of the mailing of decision notice of the Director unless a different time period is specified by the Director in the notice. The Director may extend the time period for filing an appeal for good cause; provided, however, an extension may not be granted where such extension would result in approval of the application by operation of law. If a timely and complete request for a hearing is not submitted, the Director’s decision shall be deemed final.

C. Administrative Hearing. If a timely and complete request for hearing is submitted, the City Manager shall conduct an administrative hearing within 30 days of receipt of the appeal or as soon thereafter as necessary to comply with applicable requirements of state and federal law. The City Manager may decide all issues presented de novo. The appellant and the applicant shall have the opportunity to present evidence; provided, however, that rules of evidence and discovery do not apply to the administrative hearings.

D. Decision on Appeal. The City Manager may affirm, reverse, or modify the Director’s decision and may modify conditions of approval to ensure that the decision complies with the requirements of this chapter and applicable local, state, and federal law. The City Manager’s decision shall be in writing, shall explain the basis for the decision, and shall be served upon the applicant and upon the appellant (if different) by first class mail to the address stated on the request for hearing form. The written decision of the City Manager shall be the final decision of the City effective on the date of mailing. 406
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14.30.080 Revocation of Permits; Removal of Equipment; Enforcement.

A. Revocation of Permit. A wireless ROW permit may be revoked (1) for failure to comply with the conditions of the permit, any provision of the Municipal Code, or applicable state or federal law; (2) if the permittee becomes ineligible for franchise rights under state law; or (3) if the permittee’s FCC authorization to operate wireless facilities and/or provide wireless service is terminated for any reason. The Director shall provide the permittee notice and the opportunity to be heard prior to the revocation of any permit, the procedures for which may be set forth more fully in the wireless regulations.

B. Removal of Wireless Facilities. The Director may order the removal of any wireless facility upon revocation or termination of its wireless ROW permit and of any wireless facility installed or modified after the effective date of the ordinance codified in this chapter without a validly issued wireless ROW permit; provided, however that removal of a support structure owned by the City, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All entities that own or control any part of a wireless facility shall be jointly and severally liable for any costs incurred by the City in connection with enforcement of this provision and the removal of the facility.

C. Administrative Penalties. In addition to any criminal, civil or other legal remedy established by law that may be pursued to address violations of this chapter, the Director may issue an administrative citation under Chapter 1.10 for the violation of any provision of this chapter or any regulation adopted pursuant to Section 14.30.040.

14.30.090 Nondiscrimination.

In establishing the rights, obligations, and conditions set forth in this chapter, it is the intent of the city to treat each applicant or public right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the right-of-way.

SECTION 2: Severability and Continuity.

The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub-section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or 407
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phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: California Environmental Quality Act.

This Ordinance 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 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.

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

INTRODUCED at a regular meeting of the Cupertino City Council on September 16, 2022, and ENACTED at a regular meeting of the Cupertino City Council on _______ by the following vote:
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Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
______________________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
________________________
Date
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ORDINANCE NO. 25‐____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CITY CODE BY ADDING CHAPTER 14.30 ‐ SMALL WIRELESS FACILITIES IN PUBLIC RIGHTS‐OF‐WAY
The City Council of the City of Cupertino finds that:

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 construction of this infrastructure within the City and to protect the unique aesthetic characteristics of the City; and
WHEREAS, the City Council of the City of Cupertino has considered the regulation of small wireless facilities at various City Council meetings, including 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 that input has been incorporated herein, and WHEREAS, the City Council held a duly noticed public hearing on September 16, 2025, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof.

NOW, THEREFORE, THE CITY COUNCIL OF THE OF CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:

SECTION 1. Adoption.

The Cupertino Municipal Code is hereby amended to add the following new section(s):
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Chapter 14.30 SMALL WIRELESS FACILITIES IN PUBLIC RIGHTS‐OF‐WAY

14.30.010 Purpose.

The purpose of this chapter is to establish a process for uniform standards for reviewing and acting upon requests for the placement of small wireless facilities within the public rights‐of‐way of the City consistent with the City’s obligation to promote the public health, safety, and welfare, to manage the public rights‐of‐way, and to ensure that the public is not incommoded by the use of the public rights‐of‐way for the placement of small wireless facilities. The City recognizes the role of personal wireless facilities to provide personal wireless service to the residents and businesses within the City. No provision of this chapter shall be interpreted in a manner that violates state or federal law.

14.30.020 Definitions.

B. The definitions in this chapter shall control over conflicting definitions for the same or similar abbreviations, phrases, terms, or words as may be defined elsewhere in the Municipal Code.

C. Definitions.

1. “Applicant” means a person filing an application for placement or modification of a small wireless facility in the public right‐of‐way.

2. “Application” means a formal request, including all required and requested documentation and information, submitted by an applicant to the city for a wireless ROW permit.

3. “City Manager” means the City Manager or their designee.

4. “Director” means the Director of the Department of Public Works or their designee.
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5. “Eligible facilities request” has the meaning as set forth in 47 C.F.R. Section

1.6100(b)(3), or any successor provision.

6. “FCC” means the Federal Communications Commission or its lawful successor.

7. “Permittee” means any person or entity granted a wireless ROW permit pursuant to this chapter.

8. “Personal wireless services” has the same meaning as set forth in 47 U.S.C.

Section 332(c)(7)(C)(i).

9. “Public right‐of‐way,” “right‐of‐way,” or “ROW” means any public street, public way, or public place within the City limits, either owned by the City, dedicated to the City or granted by easement to the public for the purpose of travel, and which the City has the responsibility to maintain or manage. “Public right‐of‐way,” “right‐of‐way,” or “ROW” includes all or any part of the entire width of right‐of‐way, and above and below the same, whether or not such entire area is actually used for travel purposes.

10. “Support structure” means any structure capable of supporting a base station.

11. “Small Wwireless facility,” “wireless facility” or “facility” means the transmitters, antenna structures, and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s) used to provide personal wireless services, as defined in 47 C.F.R. § 1.6002(l).

12. “Wireless regulations” means regulations adopted pursuant to Section 14.30.040 and implementing the provisions of this chapter.

14.30.030 Applicability.
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A. Permit Required. Unless exempted, every person who seeks to place a small wireless facility in the public rights‐of‐way or modify an existing wireless facility in the public rights‐of‐way must obtain a wireless ROW permit authorizing the placement or modification of the facility in accordance with this chapter.

B. Exemptions. This chapter does not apply to any of the following:

1. The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes.

3. Wireless communications facilities permitted under Chapter 19.136.

C. Other Legal Requirements. In addition to the requirements of this chapter, an applicant seeking to place small wireless facilities in the right‐of‐way shall comply with other applicable local, state, and federal laws and regulations, including but not limited to applicable FCC regulations governing radio frequency emissions, the Americans with Disabilities Act, and all applicable building standards. A valid wireless ROW permit issued pursuant to the requirements of this chapter and the wireless regulations shall be deemed to satisfy the requirements of Municipal Code Chapter 14.08.

D. Existing Wireless Facilities. Any permitted small wireless facility already existing in the right‐of‐way as of the date of this chapter’s adoption shall remain subject to the standards and conditions of the Municipal Code in effect prior to effective date of this chapter, unless and until a renewal of such facility’s then‐existing permit is granted, at which time the provisions of this chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre‐ existing facilities shall be conducted pursuant to this chapter.

E. Public Use. Except as otherwise provided by state or federal law, any use of the public right‐of‐way authorized pursuant to this chapter will be subordinate to the City’s use and use by the public.
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14.30.040 Wireless Standards and Regulations.

Applicants shall engineer, design, and locate the small wireless facilities in accordance with the standards and wireless regulations adopted by the City Council.

B. Minor Modifications. The Director may approve any modification of the wireless regulations to the extent that such modification does not have the potential to substantially enlarge or expand the scope of use of the right‐of‐way for the provision of personal wireless service, the potential to interfere with the use or management of the right‐of‐way, or the potential to substantially impair public health, safety, and welfare (“minor modification”). The Director shall notify the City Council of a proposed minor modification of the wireless regulations at least 10 business days before the modification takes effect. Prior to the effective date of a proposed minor modification, any Councilmember may request that Council review the minor modification before it takes effect. A request for review shall stay the implementation of the minor modification until the City Council completes its review. The City Council may in its discretion approve, modify, or reject the proposed minor modification.

14.30.050 Applications.

B. Content of Application.

1. An applicant shall submit an application on the form approved by the Director, which may be updated from time to time, but in any event shall require the submission of all required fees, documents, information, and any other materials necessary to allow the Director to make required findings and ensure that the proposed facility will comply with applicable federal and state 414
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law and the Municipal Code and will not endanger the public health, safety, or welfare.

C. Public Notice. At least 21 days prior to when an application may be approved, the applicant shall: (1) post notice at the proposed project site in a location near to and visible from the right‐of‐way; (2) notify in writing, in a form approved by the Director, of the filing of the application to property owners and residents of all property within a 300‐foot radius of the proposed project; and (3) provide the City with evidence that notice has been provided pursuant to Subparagraphs (1) and (2). The applicant shall maintain and replace the posted notice as necessary during the entire application review process until the Director acts on the application and all appeals have been exhausted. The posted notice shall be composed from durable quality and weather‐ resistant materials that will not deteriorate under normal circumstances for at least one hundred 180 calendar days. The posted notice shall be at minimum 8.511 inches wide by 11 17 inches tall. The posted notice shall not be placed in any location where it would obstruct travel or visibility for vehicles, bicycles, pedestrians, or other users in the right‐of‐way.

D. Fees. Application fees shall be set by resolution of the City Council and shall be required to be submitted with any application for a wireless ROW permit.

E. Review of Applications. Upon receipt of any fee established by this chapter, the Director shall review an application for the placement or modification of a wireless facility and shall issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued. If an application is incomplete, the Director may notify the applicant in writing, specifying the material omitted from the application. The 415
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Director may in their discretion deem any incomplete application withdrawn after 60 days.

14.30.060 Decisions of the Director.

1. The application is complete and provides all information required by this chapter and the wireless regulations.

2. The facility meets all applicable local, state, and federal health and safety standards, including federal standards for radiofrequency emissions.

3. The facility complies with this chapter and all applicable wireless standards and regulations.

The Director’s decision to approve, deny, or conditionally approve an application shall be in writing and include the reasons for the decision.

C. Eligible Facilities Requests. For eligible facilities requests, the Director shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, they find that the application meets the requirements set forth in 47 C.F.R. § 1.6100 and the proposed facility complies with all applicable state and federal laws and regulations. The conditions of any permit previously issued for the eligible facility shall apply to the maximum extent permitted by federal and state law and regulations.
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D. Conditions of Approval. All permits issued under this chapter shall include conditions of approval sufficient to ensure compliance with the requirements of this chapter and the wireless regulations, as may be set forth in the wireless regulations.

F. Waivers. Requests for waivers from any requirement of this chapter or the wireless regulations shall be made in writing to the Director. The Director may grant a request for waiver only if (1) the applicant demonstrates that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit or materially inhibit the provision of personal wireless services, or otherwise violate applicable state or federal laws or regulations, or (2) with respect to a standard or requirement set forth in the wireless regulations, the Director determines based on clear and convincing evidence that a waiver of the standard or requirement is necessary to protect public health, safety, or welfare, based on specific characteristics of the proposed facility. All waivers approved pursuant to this Paragraph shall be granted only on a case‐by‐case basis and shall be narrowly tailored so that the requirements of this chapter are waived only to the extent necessary to comply with state or federal law or regulations or to protect public health, safety, or welfare.

14.30.070 Appeals.

A. Right to Appeal; Appeal Fee. An applicant or Any any person entitled to receive notice pursuant to Section 14.30.050(D) may request an administrative hearing to 417
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appeal the director’s decision. In order to request a hearing, the affected person shall submit to the City Clerk an administrative hearing form along with the full amount of any appeal fee. The request for administrative hearing shall be incomplete if it does not include the deposit in the full amount of any appeal fee. The deposit will be retained in a noninterest bearing account until the matter is resolved. Any appeal fee shall be refunded to the appellant if their appeal is granted. The administrative hearing form shall include the location or address of the proposed wireless facility that is the subject of the appeal, as well as the grounds for which the appeal is being submitted. Any applicant whose permit application is denied or any permittee who is required to abandon facilities may appeal such decision in accordance with Chapter

1.16 of the Municipal code.

The appellant and the applicant shall have the opportunity to present evidence; provided, however, that rules of evidence and discovery do not apply to the administrative hearings.

D. Decision on Appeal. The City Manager may affirm, reverse, or modify the Director’s decision and may modify conditions of approval to ensure that the decision complies with the requirements of this chapter and applicable local, state, and federal law. The City Manager’s decision shall be in writing, shall explain the basis for the decision, and shall be served upon the applicant and upon the appellant (if different) by first class mail to the address stated on the request for hearing form. The written decision of the City Manager shall be the final decision of the City effective on the date of mailing.
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14.30.080 Revocation of Permits; Removal of Equipment; Enforcement.

B. Removal of Wireless Facilities. The Director may order the removal of any wireless facility upon revocation or termination of its wireless ROW permit and of any wireless facility installed or modified afterthe effective date of the ordinance codified in this chapter without a validly issued wireless ROW permit; provided, however that removal of a support structure owned by the City, a utility, or another entity authorized to maintain a support structure in the right‐of‐way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All entities that own or control any part of a wireless facility shall be jointly and severally liable for any costs incurred by the City in connection with enforcement of this provision and the removal of the facility.

14.30.040.

14.30.090 Nondiscrimination.

In establishing the rights, obligations, and conditions set forth in this chapter, it is the intent of the city to treat each applicant or public right‐of‐way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the right‐of‐way.

SECTION 2: Severability and Continuity.
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The City Council declares that each section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance is severable and independent of every other section, sub‐section, paragraph, sub‐paragraph, sentence, clause and phrase of this ordinance. If any section, sub‐section, paragraph, sub‐paragraph, sentence, clause or phrase of this ordinance is held invalid, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, the City Council declares that it would have adopted the remaining provisions of this ordinance irrespective of such portion, and further declares its express intent that the remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Cupertino Municipal Code, these provisions shall be construed as continuations of those provisions and not as an amendment to or readoption of the earlier provisions.

SECTION 3: California Environmental Quality Act.

SECTION 4: Effective Date.

This Ordinance shall take effect thirty days after adoption as provided by Government Code Section 36937.

SECTION 5: Publication.

The City Clerk shall give notice of adoption of this Ordinance as required by law.

Pursuant to Government Code Section 36933, a summary of this Ordinance may be prepared by the City Clerk and published in lieu of publication of the entire text. The City Clerk shall post in the office of the City Clerk a certified copy of the full text of the Ordinance listing the names of the City Council members voting for and against the ordinance.
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INTRODUCED at a regular meeting of the Cupertino City Council on September 16, 2022, and ENACTED at a regular meeting of the Cupertino City Council on _______ by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
______________________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
_______________________
Kirsten Squarcia, City Clerk

________________________
Date
APPROVED AS TO FORM:
_______________________
Floy Andrews, Interim City Attorney
________________________
Date
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CITY OF CUPERTINO REGULATIONS FOR CONSTRUCTION, OPERATION, AND

MAINTENANCE OF SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHT OF WAY (MUNICIPAL CODE CHAPTER 14.30)
SECTION 1. PURPOSE AND INTENT
The City of Cupertino (“City”) adopts these wireless regulations applicable to small wireless facilities (“Regulations”) to establish reasonable, uniform, and comprehensive standards and procedures for the implementation of Municipal Code Chapter 14.30. The standards and procedures set forth in these Regulations should be applied to protect and promote public health, safety, and welfare and balance the benefits that flow from robust, advanced wireless services with the City’s local values, which include without limitation the aesthetic character of the City, its neighborhoods, and community. The Regulations are intended to establish regulations and standards for small wireless facilities unless specifically prohibited by applicable law.

SECTION 2. DEFINITIONS
The definitions in this Section 2 are applicable to the terms, phrases, and words of these Regulations. Undefined terms, phrases, or words will have the meanings assigned to them in the Municipal Code or 47 U.S.C. § 153, or if not defined in either therein, will have their ordinary meanings. If any definition assigned to any term, phrase, or word in this Section 2 conflicts with any federal or state‐mandated definition, the federal or state‐ mandated definition will control.
“Accessory equipment” means equipment other than antennas used in connection with a small wireless facility and includes “transmission equipment” as defined by the FCC in 47 C.F.R. § 1.6100(b)(8).
“Antenna” means the same as defined by the FCC in 47 C.F.R. § 1.6002(b). “Collocation” means the same as defined by the FCC in 47 C.F.R. § 1.6002(g). “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency. “Decorative pole” means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the right‐of‐way in which the pole is located.
“Director” means the Director of Public Works or their designee. “Eligible facilities request” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(3).
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“FCC” means the Federal Communications Commission or its duly appointed successor agency.
“FCC Shot Clock” means the FCC’s presumptively reasonable time frame, accounting for any tolling or voluntary extension, or unusual circumstances justifying additional time, within which the City generally must act on a duly filed request for authorization in connection with a personal wireless service facility, as such time frame is defined by the FCC. For small wireless facilities, the FCC Shot Clock is 60 days for collocations and 90 days for new structures.
“OTARD” means an “over‐the‐air reception device” and includes all antennas and antenna supports covered by 47 C.F.R. § 1.4000(a)(1).
“Personal wireless services” means the same as defined in 47 U.S.C. §332(c)(7)(C)(i). “Personal wireless service facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i).
“Public right‐of‐way” or “right‐of‐way” means the same as defined in Municipal Code Section 14.30.020C(9).
“RF” means radio frequency or electromagnetic waves used for wireless communication. “Shot clock days” means calendar days counted toward the presumptively reasonable time under the applicable FCC Shot Clock. The term “shot clock days” does not include any calendar days on which the FCC Shot Clock is tolled due to incompleteness or other authorized pauses.
“Small wireless facility” or “small wireless facilities” means the same as defined by the FCC in 47 C.F.R. § 1.6002(l).
“Support structure” means a “structure” as defined by the FCC in 47 C.F.R. §1.6002(m). “Underground district” means any area in the City within which overhead wires, cables, cabinets, and associated overhead equipment, appurtenances, and other improvements are either (1) prohibited by ordinance, resolution, or other applicable law; (2) scheduled to be relocated underground within 18 months from the time an application is submitted; or (3) primarily located underground at the time anapplication is submitted. “Wireless facility” or “facility” means small wireless facility and the same as defined in Municipal Code Section 14.30.020C(11).
“Wireless ROW permit” means the same as defined in Municipal Code Section

14.30.020C(13).

SECTION 3. APPLICABILITY
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a. Wireless Facilities. Except as expressly provided otherwise, the provisions in these Regulations shall be applicable to all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate, remove, or otherwise deploy small wireless facilities within the public rights‐of‐way within the City’s jurisdictional and territorial boundaries. b. Exemptions. These Regulations shall not apply to any facility exempt from Chapter 14.30 of the Municipal Code pursuant to Section 14.30.030B. c. Eligible Facilities Requests. Eligible facilities requests shall comply with Sections 4(b)‐(d), 4(h)‐(n), and 5(c)‐(d) and all applicable requirements of Section 8 to the extent Section 8 applies to the determination of what constitutes a “substantial change” under 47 C.F.R. § 1.6100(c)(1) but shall otherwise be exempt from the requirements of these Regulations; provided, however, that with regards to 4(i), the applicant will have the option of providing the public notice affidavit or paying City’s costs associated with City completing the noticing process detailed in 4(i) that otherwise is required of applicants.

SECTION 4. APPLICATION AND REVIEW PROCEDURES
a. Application Requirements for Wireless ROW Permits.   All applications for wireless ROW permits must comply with the requirements of Municipal Code Section 14.30.050 and the requirements of this Section 4. b. Application Form. The applicant shall submit a complete, duly executed wireless ROW permit application on the current City of Cupertino form. c. Application Fee. The applicant shall submit the applicable wireless ROW permit fee established by City Council resolution. If no application fee has been established for the specified work, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the City for its reasonable costs incurred in connection with the application within 10 days after the City issues a written demand for reimbursement. d. Construction Drawings. The applicant shall submit true and correct construction drawings, prepared and signed by a licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to  the proposed facility, including without limitation all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, maintenance holes, fire hydrants, equipment cabinets, antennas, cables, utilities, and trees and other landscape features. The construction drawings must: (1) contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes 424
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without limitation the manufacturer, model number and physical dimensions; (2) depict the applicant’s preliminary  plan for electric, including the anticipated locations  for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches, and points of connection; (3)  include locations for existing utility facilities within 50 feet of the footprint of work; and (4) demonstrate that proposed facility will be in full compliance with all applicable health and safety laws, regulations, or other rules, including without limitation all building codes, electric codes, local street and sidewalk standards and specifications, and public utility regulations and orders. All pole attachments shall be shown with pole numbers.
e. Site Survey. The applicant shall submit a survey prepared, signed, and stamped by a licensed engineer. The survey must identify  and depict all existing boundaries, encroachments, and other structures within 75 feet from the proposed facility and any new improvements, including without limitation all (1) traffic lanes; (2) private properties and property lines; (3) above and below‐grade utilities and related structures and encroachments; (4) fire hydrants and other public safety infrastructure; (5) streetlights, decorative poles, traffic signals, and permanent signage; (6) sidewalks, driveways, parkways, curbs, gutters, and storm drains; (7) benches, bus stops, trash cans, mailboxes, kiosks, and other street furniture; and (8) existing trees, planters, and other landscaping features. f. Photo Simulations. The applicant shall submit site photographs and photo simulations that show the existing location and proposed wireless facility in context from at least two vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the location of the proposed facility and the photo location for each vantage point. At least one simulation must depict the wireless facility from a vantage point approximately 50 feet from the proposed support structure orlocation. The photo simulations and vicinity map shall be incorporated into the construction plans submitted with the application.
g. Identification of Alternative Locations. For a small wireless facility not proposed in a Tier 1 location preference under Section 7(a), the applicant shall provide an inventory of support structures and other feasible locations within 500 feet of the proposed location and explain the basis for the selection of the proposed location. h. RF Compliance Report. The applicant shall submit an RF exposure compliance report that certifies that the proposed wireless facility, both individuallyand cumulatively with all other emitters that contribute more than 5% to the cumulative emissions in the vicinity (if any), will comply with applicable federal RF exposure standards and exposure limits. The RF report must be prepared and 425
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certified by an engineer acceptable to the Director. The RF report must include the actual frequency bands and power levels (in watts effective radiated power) for all existing and proposed antennas at the proposed facility and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC).

Each such boundary shall be clearly marked and identified for every transmitting antenna at the proposed facility.
i. Public Notices. The applicant shall include with the application an affidavit that attests that notice has been posted at the site of the proposed facility and provided to property owners and residents of all property within a 300‐foot radius of the proposed facility pursuant to Municipal Code 14.30.050(D). The notices shall be posted and delivered on forms approved by the Director and must contain:
(1) a general description of the proposed wireless facility; (2) the applicant’s identification and contact information as provided on the application submitted to the City for interested parties to submit comments; (3) contact information for the Public Works Department; (4) a statement that the Director will act on the application without a public hearing and that the owner or occupant may request to be notified of the Director’s decision; and (5) a general statement that the FCC requires the City to take final action on applications for wireless facilities within 60 days for collocations and 90 days for facilities on new support structures. The notice should provide the location, date, and time of a community meeting, if applicable. The notice shall be delivered in an envelope that prominently displays the operator’s logo and shall prominently display the text “NEW WIRELESS FACILITY INFORMATION” on the front of the envelope. The applicant shall maintain (and provide to the Director, at the Director’s request) (i) a list of recipients of the public notice; (ii) a log of any correspondence to or from the recipients of the notice prior to the City’s final decision on the application; and (iii) a list of recipients of the public notice who have requested to receive notice of the Director’s decision. The applicant shall copy the appropriate Public Works staff on all email correspondence with members of the public. The noticing period for this activity shall be 21 days from the date the letter is deposited with the United States Postal Service, pursuant to Municipal Code 14.30.050(D). No permit or approval for the wireless facility being noticed will be issued during the noticing period unless permit issuance is required by applicable state or federal law. j. Public Access to Application Information. The Director shall ensure that information regarding the location and status of all wireless ROW permit applications is available on the City of Cupertino website. 426
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k. Regulatory Authorization; Shot Clock Requirements. The applicant shall submit evidence of the applicant’s regulatory status under federal and California law to provide the services and construct the wireless facility proposed in the application.

The application must state whether the applicant believes state or federal law requires action on the application within a specified time period. l. Property Owner’s Authorization. The applicant shall identify the support structure for the wireless facility (including any identification number) and include written authorization from the support structure owner(s). m. Acoustic Analysis. The applicant shall submit an acoustic analysis prepared and certified by a California licensed engineer for the proposed wireless facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the applicable provisions of Chapter 10.48. The acoustic analysis must include an analysis of the manufacturers’ specifications for all noise‐emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. Where no generator, mechanical fan, or other noise‐ emitting equipment is proposed for installation, the applicant may submit, in lieu of an acoustic analysis, evidence from the equipment manufacturer(s) that demonstrates the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed applicable noise standards. n. Structural Analysis. The applicant shall submit a report prepared and certified by a California‐licensed structural engineer (or other qualified personnel acceptable to the City) that certifies (1) the underlying pole or support structure has the structural integrity and/or capacity to support all the proposed equipment and attachments; (2) the foundation has the capacity to support additional loading and to accommodate any modifications to the pole base and bolt pattern; and (3) any drilling or cutting will preserve the structural integrity of the pole. Where an applicant proposes to replace the pole and foundation, the applicant shall submit structural drawings and calculations prepared and certified by a California‐ licensed structural engineer.
o. Community Meeting. The City strongly encourages, but does not require, applicants to schedule, notice, arrange, and attend a pre‐submittal community meeting with all interested members of the public. This voluntary, pre‐submittal public meeting does not cause the FCC Shot Clock to begin running and is intended to give applicants the opportunity to hear from members of the public regarding proposed deployment. Applicants should bring any draft applications, plans, maps, presentations, or other materials to facilitate the public’s understanding of the applicant’s proposal. The City seeks to encourage dialogue 427
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that may allow applicants to address and resolve areas of concern prior to the submittal of an application.
p. Pole Availability Requests. Before submitting an application, applicants seeking a permit to install a wireless facility on a City light pole are encouraged but not required to submit a pole availability request and reservation to the Department of Public Works, to determine whether the light pole is available for the proposed facility. The applicant shall explain why the proposed location meets the requirements of Section 7 of these Regulations. Each pole availability request shall include the following information:

1. A map showing the location of the streetlight pole that is the subject of the request. This map should be in the form of a Google KMZ file or other file type that clearly shows the streetlight being indicated.

2. Information on the equipment and layout being proposed (e.g., all equipment within the shroud, equipment on the pole screened by signs, base enclosure, underground vault, or equipment on the pole situated to minimize views of equipment).

The approval of a pole availability request does not constitute approval of a wireless ROW permit and does not relieve the applicant of complying with all requirements of Chapter 14.30 and these Regulations.
q. License Agreement. For any wireless facility proposed to be installed on any structure owned or controlled by the City and located within the public rights‐of‐ way, the applicant shall submit an executed Small Cell License Agreement on a form prepared by the City that states the terms and conditions for such non‐ exclusive use by the applicant. Such agreement will function as a master agreement pursuant to which an Encroachment Agreement will be entered into between City and applicant which will detail the terms and conditions that will govern particular siting authorizations.
r. Peer and Independent Consultant Review. The Director may in their discretion select and retain independent consultant(s) with expertise and appropriate credentials in telecommunications, RF testing/compliance, electrical or fire safety, and/or other professional consultation services as deemed appropriate in connection with the review of any application under this chapter. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including but not limited to application completeness or accuracy, engineering analysis, or compliance with FCC radio frequency emissions limits. The Director may require that the independent consultant prepare written reports, testify at public meetings, 428
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hearings and/or appeals, and attend meetings with City staff and/or the applicant.

Subject to applicable law, in the event that the Director elects to retain an independent consultant in connection with any permit application, the applicant shall be responsible for the reasonable costs in connection with the services provided, which may include without limitation any costs incurred by the independent consultant to attend and participate in any meetings or hearings.

Before the independent consultant may perform any services, the applicant shall tender to the City a deposit in an amount equal to the estimated cost for the consultant’s services to be provided, as determined by the Director. The Director may request additional deposits as reasonably necessary to ensure sufficient funds are available to cover the reasonable costs in connection with the independent consultant’s services. In the event that the deposit exceeds the total costs for consultant’s services, the Director shall promptly return any unused funds to the applicant after the wireless facility has been installed and passes a final inspection by the Director. In the event that the reasonable costs for the independent consultant’s services exceed the deposit, the Director shall invoice the applicant for the balance. The City shall not issue any wireless ROW permit to any applicant with any unpaid deposit requests or invoices.
s. Incomplete Applications Deemed Withdrawn. An application shall be automatically deemed withdrawn by the applicant when the applicant fails to submit a substantive response to the Director within 180 calendar days after the Director deems the application incomplete by written notice unless the applicant demonstrates good cause for the delay. A “substantive response” must include, at a minimum, all the materials identified as incomplete in the written incomplete notice, unless the Director explicitly waives any materials.

SECTION 5. DECISIONS
a. Decision of the Director. The Director shall approve, deny (with or without prejudice), or conditionally approve an application for a wireless ROW permit within a sufficient time to allow for an appeal to the City Manager pursuant to Municipal Code Section 14.30.070.
b. Findings for Approval. Except for eligible facilities requests, any approval or conditional approval of an application for a wireless ROW permit shall include a written determination based on the findings set forth in Municipal Code Section

14.30.060(B). The findings shall include a determination that the proposed facility meets the requirements in these Regulations, including the following:
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1. The proposed facility is either located in the “most preferred” location for a wireless facility (Section 7(a)) or that the requirements of Section 7(b) are satisfied.

2. The proposed facility complies with all applicable design standards (Section 8).

3. The applicant has demonstrated that the proposed facility will be in compliance with all applicable FCC regulations and guidelines for human exposure to RF emissions.
c. Eligible Facilities Requests. Notwithstanding Section 5(b), the Director shall approve an eligible facilities request if the application meets the requirements set forth in 47 C.F.R. § 1.6100 and complies with all applicable state and federal laws and regulations, including without limitation applicable regulations for human exposure to RF emissions and all applicable building standards. The conditions of any permit previously issued for the eligible facility shall apply to the maximum extent permitted by federal and state law and regulations. d. Notice of Decision. Within five calendar days of the Director’s action on a wireless ROW permit application, the Director shall provide written notice to the applicant stating the reasons for approval, conditional approval, or denial of the permit application.

SECTION 6. CONDITIONS OF APPROVAL
a. Standard Conditions. All wireless ROW permits shall be subject to the following standard conditions of approval:

1. Permit Term. Each wireless ROW permit shall have a term of 10 years and shall automatically expire 10 years and one day from its issuance, unless a different term is set pursuant to a license agreement approved by the City Council. Any other permit or approval issued in connection with any collocation, modification, or other change to a permitted wireless facility, including without limitation any permits or other approvals deemed‐ granted or deemed‐approved under state or federal law, shall not extend the term of the permit unless expressly provided otherwise in such permit or approval or required under state or federal law. Nothing in this subparagraph shall extend or abridge the rights of permittee under any license agreement with the City or any other public agency or any private utility.

2. Permit Renewal. Not more than one year before a wireless ROW permit expires, the permittee may apply for renewal of the permit. The permittee 430
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must demonstrate that the wireless facility complies with all conditions of approval of the permit and all applicable provisions in Municipal Code and Regulations that exist at the time the renewal decision is rendered. The Director may modify or amend the conditions as may be necessary or appropriate to ensure compliance with the Municipal Code, these Regulations, or other applicable law. Upon renewal, the permit will automatically expire 10 years and one day from the date of renewal unless expressly issued for a shorter duration. Nothing in this subparagraph shall extend or abridge the rights of permittee under any license agreement with the City or any other public agency or any private utility. The provisions of this subparagraph may be waived or modified by a license agreement approved by the City Council.

3. Build‐Out Period. A wireless ROW permit will automatically expire six months from the approval date (the “build‐out period”) unless the permittee (i) obtains all other permits and approvals required to install, construct, and/or operate the approved wireless facility, including without limitation any permit or approval required by any federal, state, or local public agency with jurisdiction over the subject property, the support structure, or the wireless facility, and (ii) begins construction of the permitted facility within six months of the approval date. The permittee may request in writing, and the City may grant in writing, one six‐month extension if the permittee submits substantial and reliable written evidence demonstrating justifiable cause for the extension. If the build‐out period and/or any extension period expires, the permit shall be automatically void, but the permittee may resubmit a complete application, including all application fees, for the same or a substantially similar facility.

4. Post‐Installation Certification. Within 30 calendar days after the permittee receives the final inspection or completes the construction and/or installation of a wireless facility, the permittee shall provide the Director with documentation that the facility has been installed and/or constructed in compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as‐built drawings, GIS data, and site photographs. Post‐installation certification shall include compliance with any provisions of a license agreement between the permittee and the City relating to the measurement of RF emissions from a wireless facility.

5. Site Maintenance. The permittee shall comply with the provisions of the most current editions of the City’s Building Code, Plumbing Code, and 431
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Electrical Code; any applicable construction standards adopted by the Department of Public Works; the facility’s specifications and plans; and any applicable federal, state, or local statutes, ordinances, regulations, guidelines, or requirements. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape features, in a neat, clean, and safe condition in accordance with the approved construction drawings and all conditions in the wireless ROW permit. The permittee shall keep the site area free from litter and debris at all times. The facility shall be manufactured or treated to resist graffiti. The permittee, at no cost to the City, shall monitor and abate any graffiti or other vandalism at the site. The permittee shall make reasonable commercial efforts to remove graffiti within 72 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

6. Compliance with Laws. The permittee shall at all times comply with all federal, state, and local statutes,regulations, orders, or otherrules that carry the force of law applicable to the permittee, the subject property, the wireless facility, and any use or activities in connection with the use authorized in the wireless ROW permit (collectively, “laws”). The permittee expressly acknowledges and agrees that this obligation is intended to be broadly construed and that no other specific requirements in these conditions are intended to reduce, relieve, or otherwise lessen the permittee’s obligation to maintain compliance with all laws. No failure or omission by the City to timely enforce compliance with any applicable provision in the Municipal Code, these Regulations, any permit condition, or any applicable law or regulation shall be deemed to relieve, waive, or lessen the permittee’s obligation to comply in allrespects with all applicable provisions in the Municipal Code, these Regulations, any permit condition, or any applicable law orregulation.

7. Construction Activities. Construction shall be coordinated with other utility companies or applicants installing infrastructure in the right‐of‐way and shall be scheduled and conducted so as to minimize interference with public use of the right‐of‐way, including access to the right‐of‐way from private property. The permittee shall use all reasonable efforts to avoid any and all unreasonable, undue, or unnecessary adverse impacts on nearby properties that may arise from the construction, installation, operation, modification, maintenance, repair, removal, and/or other activities on or about the site of the facility, including the public’s use of the right‐of‐way and the public’s access to the right‐of‐way from private property. The 432
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permittee shall not perform or cause or allow others to perform any construction, installation, operation, modification, maintenance, repair, removal, or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Municipal Code.

The restricted work hours in this condition will not prohibit any work required to prevent an actual, immediate harm to property or persons or any work arising from an emergency declared by the City or other state or federal government agency or official with authority to declare an emergency within the City. The Director may issue a stop work order for any activity that violates this condition in whole or in part. The permittee agrees to fully cooperate with the City in assisting the City to achieve its accommodation obligations under the Americans with Disabilities Act, the Fair Housing Act Amendments of 1988, and other applicable laws.

8. Inspections; Emergencies. The permittee expressly acknowledges and agrees that the City’s officers, officials, staff, agents, contractors, or other designees may enter onto the site and inspect the improvements and equipment upon reasonable prior notice to the permittee. Notwithstanding the prior sentence, the City’s officers, officials, staff, agents, contractors, or other designees may (i) at any time inspect the facility visually or with any remote sensing equipment and (ii) may, but will not be obligated to, enter the facility without prior notice to support, repair, disable, or remove any improvements or equipment in emergencies or when such improvements or equipment threatens actual, imminent harm to property or persons. The permittee, if present, may observe the City’s officers, officials, staff, or other designees while any such inspection or emergency access occurs.

9. Permittee’s and Contractor’s Contact Information. Within 10 days from the final approval, the permittee shall furnish the City with accurate and up‐to‐date contact information for a person responsible for the wireless facility, which includes without limitation such person’s full name, title, direct telephone number, mailing address, and email address. The permittee shall keep such contact information up‐to‐date at all times and shall promptly provide the City with updated contact information if either the responsible person or such person’s contact information changes. In addition, before the City issues any permit required to commence construction, the permittee shall furnish the City with accurate and up‐to‐ date contact information for the contractor responsible for the construction of the facility, including without limitation such person’s full name, title, direct telephone number, mailing address, and email address. 433
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10. Performance Bond. Before the City issues any permit required to commence construction in connection with the permit, the permittee shall post a performance bond from a surety and in a form acceptable to the Director in an amount reasonably necessary to cover the cost to remove, store, and/or dispose of the improvements and restore all affected areas based on a written estimate from a qualified contractor with experience in wireless facility removal. The written estimate must include the cost to remove, reasonably store, and/or dispose of all equipment and other improvements, including without limitation all antennas, radios, batteries, generators, utilities, cabinets, mounts, brackets, hardware, cables, wires, conduits, structures, shelters, towers, poles, footings, and foundations, whether above ground or below ground, constructed or installed in connection with the wireless facility, plus the cost to completely restore any areas affected by the removal work to a standard compliant with applicable laws. In establishing or adjusting the bond amount required under this condition, the Director shall take into consideration any information provided by the permittee regarding the cost to remove, reasonably store, and/or dispose of the wireless facility to a standard compliant with applicable laws. The performance bond shall expressly survive the duration of the permit term to the extent required to effectuate a complete removal of the subject wireless facility in accordance with this condition.

11. Landscaping. All landscaping shall comply with the requirements of Section 8(e) of the Regulations. The permittee shall replace any landscape features damaged or displaced by the construction, installation, operation, maintenance, or other work performed by the permittee or at the permittee’s direction on or about the facility.

12. Trenching and Excavation. Any excavation and/or trenching activities shall not disturb the root systems of trees measuring 24 inches or more in diameter. Protective fencing, consistent with City Standard Details, should be installed around street trees within or adjacent to the work area to prevent damage to branches, trunks, or root systems. If any cultural resources are discovered during excavation, trenching, or other construction activities, work shall be stopped immediately, and the Director of Community Development shall be notified. Directional boring should be used instead of trenching whenever possible to minimize interference with vehicular traffic and may be required by the City when working in streets that have been recently resurfaced or resealed. When trenching is necessary, all trenches shall be covered at the end of each workday, in compliance with City standards and policies regarding trench plates. The 434
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total time that a trench may remain open in any segment of the road system should not exceed one week unless a longer time period is expressly authorized by the Director.

13. Construction Hours and Noise Control. Noise‐producing site preparation and construction activities shall comply with Municipal Code Section 10.48 and any additional conditions of approval. All trucks and equipment shall use the best available noise control techniques and equipment including improved mufflers, intake silencers, ducts, engine enclosures, and noise‐ reducing shields or shrouds. Impact tools such as jackhammers, pavement breakers, and noise drills shall be hydraulically or electrically powered wherever feasible to avoid noise associated with compressed air exhaust from pneumatically powered tools. When the use of pneumatic tools is unavoidable, an exhaust muffler shall be used on the compressed air exhaust to lower noise levels. External jackets shall be used on tools where feasible to achieve noise reductions. To the extent feasible, quieter procedures, such as drilling instead of jack hammering, shall be used.

Stationary noise sources shall be located away from sensitive receptors to the extent feasible. If location within 25 feet of homes, schools, neighborhood parks, or retail businesses is necessary, stationery noise sources shall be muffled and enclosed with temporary sheds, unless permitted otherwise by the Director of Public Works. Trucks and other vehicles should not be permitted to idle when waiting at or near the construction site.

14. Dust and Stormwater Control. Construction sites shall be watered at least twice daily if necessary to control dust caused by site preparation and construction activities. Watering intervals shall be increased whenever wind speeds exceed 15 miles per hour, or as necessary to control dust.

Where feasible, reclaimed water shall be used for this purpose. All trucks hauling soil, sand, paving materials, and other loose materials shall be covered or required to maintain at least two feet of space between the top of the load and the top of the trailer. Streets shall be swept at the end of each workday if soil, sand, or other material has been carried onto adjacent paved streets or sidewalks. When feasible, streets shall be swept using reclaimed water. Best Management Practices shall be used to prevent oil, dirt, or other materials from construction equipment or activity from washing into the City storm drainage system. Water discharge resulting from both construction and underground facility drainage shall comply with National Pollutant Discharge Elimination System (NPDES) regulations.
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15. Cost Reimbursement. The permittee acknowledges and agrees that (i) the permittee’s request for authorization to construct, install, and/or operate the wireless facility will cause the City to incur costs and expenses; (ii) the permittee shall be responsible to reimburse the City for all costs incurred in connection with the permit, including without limitation costs related to application review, permit issuance, site inspection, and any other costs reasonably related to or caused by the request for authorization to construct, install, and/or operate the wireless facility; (iii) any application fees required for the application may not cover all such reimbursable costs and that the permittee shall have the obligation to reimburse the City for all such costs 10 days after receipt of a written demand for reimbursement and reasonable documentation to support such costs; and (iv) the City shall have the right to withhold any permits or other approvals in connection with the wireless facility until and unless any outstanding costs have been reimbursed to the City by the permittee.

16. Rearrangement and Relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may (i) change any street grade, width or location; (ii) add, remove, or otherwise change any improvements in, on, under, or along any street owned by the City or any other public agency, including without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles, and utility systems for gas, water, electric, or telecommunications; and/or (iii) perform any other work deemed necessary, useful, or desirable by the City (collectively, “City work”). The City reserves the rights to do any and all City work without any admission on its part that the City would not have such rights without the express reservation in the wireless ROW permit. If the Director determines that any City work will require the wireless facility to be rearranged, relocated, or removed, the permittee shall at its sole cost and expense do or cause to be done all things necessary to commence such rearrangement, relocation, or removal, within 60 days of written request to do so and diligently prosecute such work to completion, subject to City’s reasonable cooperation with regards to permitting and/or licensing approvals. If the permittee fails or refuses to either permanently or temporarily commence to rearrange, relocate, or remove the wireless facility within 60 days after receiving notice from the Director, the City may (but will not be obligated to) cause the rearrangement, relocation, or removal to be performed at the permittee’s sole cost and expense. The City may exercise its rights to rearrange,relocate, or remove the permittee’s wireless facility without prior notice to permittee when the Director determines that City work is immediately necessary to 436
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protect public health, safety or convenience. The permittee shall reimburse the City for all costs and expenses in connection with such work within 10 days after receiving a written demand for reimbursement and reasonable documentation to support such costs and expenses.

17. Reserved.

18. Electric Meters. The permittee shall comply with all electric utility requirements for electric meters and enclosures, including making any necessary upgrades and/or modifications to electrical facilities at the permittee’s expense. The permittee shall obtain all required permits for the upgrade or modification of electric meters, enclosures, wiring, and/or other equipment and shall restore any affected areas to its original condition that existed prior to installation of the equipment. The permittee shall work to ensure all electric meters are screened from public view or shall provide written evidence demonstrating why screening of an electric meter is infeasible. The Director may in their discretion require modifications to the application materials to better disguise the meter or otherwise hide it from view.

19. Insurance. The permittee shall secure and maintain commercial general liability insurance, including bodily injury and property damage, with limits of $2,000,000 per occurrence and $4,000,000 in the aggregate, or as otherwise established by agreement, and shall have coverage at least as broad as the Insurance Service Office (ISO) Form No. CG 0001 or its successor; provided, however, that the Director may consider proof of adequate insurance sufficient to satisfy the requirements of any license agreement between permittee and the City as proof of compliance with this condition. The City, the City Council, and the City’s boards, commissions, officers, and employees shall be included as an additional insureds under the permittee’s policy.

20. Indemnification. The permittee shall indemnify, defend, protect, and hold harmless the City, the City Council, and the City’s commission members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings, orders, judgments, all costs and expenses (collectively, “claims”) incurred in connection with activities authorized under the wireless ROW permit or in connection with the construction, operation, or maintenance of the wireless facility, except to the extent that any such claim arises solely from the negligence or willful misconduct of the City, the City Council, or the City’s commission members, officers, and employees. In the 437
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event the City becomes aware of any claims, the City will use best efforts to promptly notify the permittee and the private property owner (if applicable) and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the City to approve any wireless ROW permit and that such indemnification obligations will survive the expiration, revocation, or other termination of the wireless ROW permit.

21. Truthful and Accurate Statements. The permittee acknowledges that the City’s approval relies on the written and/or oral statements by permittee and/or persons authorized to act on permittee’s behalf. In any matter before the City in connection with the wireless ROW permit or the infrastructure approved under the permit, neither the permittee nor any person authorized to act on permittee’s behalf shall, in any written or oral statement, recklessly or intentionally provide material factual information that is incorrect or misleading or intentionally or recklessly omit any material information necessary to prevent any material factual statement from being incorrect or misleading. Failure to comply with this paragraph may result in permit revocation and other enforcement action under these Regulations or the Municipal Code.

22. Permit Revocation. Wireless ROW permits may be subject to revocation under Municipal Code Section 14.30.080(A). The Director may initiate revocation proceedings when the Director determines that a wireless facility is not in compliance with any applicable law, including without limitation the conditions of any permit issued in connection with the construction, operation, or maintenance of the facility. The Director shall provide the permittee with written notice identifying (i) the facility; (ii) the violation(s) to be corrected; and (iii) the timeframe in which the permittee must correct such violation(s), and shall notify the permittee that, in addition to all other rights and remedies the City may pursue, the City may initiate revocation proceedings for failure to correct such violation(s). The Director may revoke a permit if said violation(s) are not corrected within 30 days of the date of the notice, or within the timeframe to correct such violation(s) stated in the notice, whichever is longer. The permittee may 438
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appeal the decision of the Director to the City Manager within 10 days of service of the decision via first class mail. If a timely and complete request for appeal is submitted, the City Manager shall conduct an administrative hearing within 30 days of receipt of the appeal. The City Manager may decide the issues presented de novo. The City Manager’s decision following the hearing shall be in writing, shall explain the basis for the decision, and shall be served upon the permittee by first class mail, to the address stated on the request for appeal form. The written decision of the City Manager shall be the final decision of the City effective on the date of mailing.

23. Record Retention. The permittee shall retain all records related to the construction, operation, and maintenance of the wireless facility throughout the permit term, including without limitation the wireless ROW permit application, the wireless ROW permit, the approved plans and photo simulations, any RF calculations and RF testing reports, and any other permits, approvals, memoranda, documents, papers, and other correspondence entered into the public record in connection with the wireless ROW permit or wireless facility (collectively, “records”). If the permittee does not maintain such records as required by this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing records will be construed against the permittee. The requirements in this condition shall not be construed to create any obligation to create or prepare any records not otherwise required to be created or prepared by these Regulations or other applicable laws or regulations. Compliance with the requirements in this condition shall not excuse the permittee from any other similar record‐retention obligations under other applicable laws or regulations.

24. Lessee/Operator Bound. Any lessee of the permittee and/or any operator of an antenna or other equipment installed at the facility shall be bound by all appliable conditions of the wireless ROW permit. Any failure of such lessee and/or operator to comply with all appliable conditions of the wireless ROW permit shall be deemed to be permittee’s failure.

25. Successors and Assigns. The conditions, covenants, promises, and terms contained in the wireless ROW permit shall bind and inure to the benefit of the City and permittee and their respective successors and assigns. Prior to any voluntary assignment or assumption of rights or obligations under the permit, the permittee shall notify the City in writing of the assignment or assumption and shall provide all contact information required pursuant to these Regulations.
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b. Right to Modify Permit. The City expressly reserves the right to review and modify the conditions of the wireless permit in the event of any change in federal law that expands the City’s authority with respect to the placement, design, or operation of the wireless facility, and otherwise authorizes the City to modify the permit and related conditions. In the event of any such change in law, the Director may take actions consistent with the amended law. The permittee shall be entitled to notice and an opportunity to be heard prior to any changes made to the permit or conditions authorized by any such changes to federal law. Nothing in this paragraph shall be construed to limit any vested right conferred to the permittee under state or federal law.
c. Special Conditions. The Director may modify, add, or remove conditions to any wireless ROW permit as they deem necessary or appropriate to (1) protect and/or promote the public health, safety, and welfare; (2) tailor the standard conditions in paragraph (a) of this Section to the particular facts and circumstances associated with the deployment of a wireless facility; and/or (3) ensure that the proposed deployment complies with the Municipal Code, the Regulations, generally applicable health and safety requirements, and/or any other applicable laws or regulations. As required by applicable FCC regulations, the Director shall ensure that any different conditions applied to wireless facilities are no more burdensome than those applied to other similarly situated infrastructure deployments.

SECTION 7. LOCATION STANDARDS
a. Location Preferences. The preferred locations for wireless facilities installed in public rights‐of‐way, ordered from most preferred to least preferred, are set forth as follows:

1. Locations where collocation of equipment with existing wireless facilities is feasible within preferred facility tiers 2 through 7.

2. Locations within mixed use or non‐residential districts.

3. Locations within residential districts on or along boulevards (arterials), as shown on the circulation network of the General Plan.

4. Locations within residential districts on or along avenues designated as major collector streets, as shown on the circulation network of the General Plan.

5. Locations within residential districts on or along avenues designated as minor collector streets, as shown on the circulation network of the General Plan.
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6. Other locations within residential districts.

7. Any location within 1,000 feet of an existing or proposed wireless facility serving the same carrier and/or network.

8. Any location within 100 feet of a property that is eligible for protection under the State Public Resources Code Section 5020.1(j).

9. Any location within 25 feet of an occupied structure, residential dwellings, or schools.

10. New standalone poles that serve only the wireless facility and which do not house City owned streetlights or other publicly owned facilities.

11. Installations on wooden utility poles.

12. Any location where strand‐mounted equipment of any kind is proposed.

If more than one location qualifies as the most preferred location under subparagraphs (2)‐(6), the most preferred location shall be the location that is furthest from any occupied residential unit. Except as provided in Section 7(b), no wireless facility may be installed at a location within 1,000 feet of an existing or proposed wireless facility serving the same carrier and/or network. b. Findings for Installation in a Less‐Preferred Location. A wireless facility shall be installed at the most‐preferred location within 500 feet of the proposed location consistent with Section 7a, and shall be located at least 1,000 feet from any existing or proposed wireless facility serving the same carrier and/or network unless (1) the applicant demonstrates that installation of the facility at a less preferred location is required by applicable state or federal law, or (2) the Director determines based on clear and convincing evidence that installation of the facility at a less‐preferred location is necessary to protect public health, safety, or welfare, based on specific characteristics of the location of the proposed facility, or (3) any other more preferred location is deemed technically infeasible. At the request of the Director, the applicant shall provide signal strength analyses, coverage maps, and/or an analysis of preferred site locations in support of any request to install a wireless facility at a less‐preferred location under this subparagraph. c. Prohibited Support Structures. Wireless facilities shall not be permitted on the following support structures:

1. Decorative poles (including historic or ornamental streetlight poles).

2. Traffic signal poles, mast arms, cabinets, or related devices or structures. 441
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3. New, non‐replacement wood poles, or any utility pole scheduled for removal or relocation within 24 months from the time the Director acts on the wireless ROW permit application.
d. Encroachments Onto or Over Private Property. No antennas, accessory equipment, or otherimprovements may encroach onto or over any private or other property outside the public right‐of‐way without the property owner’s written consent and property owner’s provision of written waiver that releases, waives and holds harmless City from any injury to property or persons associated with such encroachment into or onto private property.
e. No Interference with Other Uses. Wireless facilities and any associated antennas, accessory equipment, orimprovements shall not be located in any place or manner that would physically interfere with or impede any of the following:

1. The view of any traffic sign, streetlight, or other traffic control device or any other view lines necessary forthe safety of vehicles, bicycles, or pedestrians.

2. Worker access to any above ground or underground infrastructure for traffic control, streetlights, or public transportation, including without limitation any curb control sign, vehicular traffic sign or signal, pedestrian traffic sign or signal, or barricade reflector.

3. Access to any public transportation vehicles, shelters, street furniture, or other improvements at any public transportation stop.

4. Worker access to above ground or underground infrastructure owned or operated by any public or private utility agency.

5. Access to any fire hydrant, water valve, or water main.

6. Access to any doors, gates, passage doors, stoops, or other ingress and egress points to any building appurtenant tothe right‐of‐way.

7. Access to wastewater stations.

8. Access to any fire escape or other ingress or egress for fire safety purposes.

9. Any other similar service or facility that benefits the City or the health, safety, or welfare of its residents.
f. Additional Placement Requirements. In addition to the otherrequirements of this Section 7, the Director shall consider the following criteria in determining the placement of a wireless facility.

1. The facility should be placed on existing structures where feasible. 442
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2. The facility should be placed as close as possible to the property corners or the property line between two parcels that abut the public right‐of‐way.

3. The facility should not be placed in front of the primary entrance to a residence or retail business or at any other location where it would unduly interfere with the operation of a business, including blocking views of the entrance or display windows.

4. The facility should not be placed within any sight distance triangles at any intersections, streetcorners, driveways, and/or other points of ingress or egress, unless the facility fully complies with site distance standards.

5. The facility should not be placed in any location that obstructs illumination patterns for existing streetlights.
g. Replacement Poles. All replacement poles shall be (1) located in the same position, or as close to the removed pole as possible; (2) aligned with the other existing poles along the public rights‐of‐way; and (3) substantially similar in height and width to the existing pole and compliant with all applicable standards and specifications promulgated by the Director.

SECTION 8. DESIGN STANDARDS
a. Compliance with Health and Safety Regulations. All wireless facilities shall be designed, constructed, operated, and maintained in compliance with all generally applicable health and safety regulations, including without limitation all applicable regulations for human exposure to RF emissions. b. Finishes. All exterior surfaces shall be painted, colored, and/or wrapped in flat, non‐reflective hues that match the underlying support structure or blend withthe primary background. All surfaces shall be treated with graffiti‐resistant sealant.

All finishes shall be subject to the Director’s prior approval. c. Noise. Wireless facilities shall comply with all applicable noise control standards and regulations in the Municipal Code Chapter 10.48 and shall not exceed, either on an individual or cumulative basis, the noise limit in the applicable district.

Backup generators shall be operated during periods of power outages or for testing only and shall not be tested on weekends, holidays, or between the hours of 5:00 p.m. and 9:00 a.m.
d. Lights. All lights and light fixtures must be aimed and shielded so that their illumination effects are directed downwards and confined within the public right‐ of‐way in a manner consistent with all standards and specifications promulgated by the Director. All antennas, accessory equipment, and other improvements with 443
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indicator or status lights must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas. e. Trees and Landscaping. Wireless facilities may not remove or displace any existing tree orlandscape features without the prior approval of the Director. Each removed or displaced tree or landscaping feature must be replaced by trees or landscape features approved by the Director and consistent with Department of Community Development landscaping requirements or Department of Public Works requirements, whichever is applicable. Any replacement tree must be substantially the same size as the removed or a displaced tree unless approved by the Director. The permittee shall at all times be responsible to maintain any replacement landscape features.
f. Signs and Advertisements. All wireless facilities that involve RF transmitters must include signage that, consistent with applicable state and federal regulatory requirements, accurately identifies the facility owner/operator, the owner/operator’s site name or identification number, and a toll‐free number to the owner/operator’s network operations center. Wireless facilities may not bear any other signage, logos, or advertisements unless expressly approved by the City, required by law, orrecommended under FCC or other United States governmental agencies for compliance with RF emissions regulations. Signage shall be no larger than 6‐inches by 6‐inches unless required to be larger by law. g. Site Security Measures. Wireless facilities may incorporate reasonable and appropriate site security measures, such as locks and anti‐climbing devices, to prevent unauthorized access, theft, or vandalism. The Director shall not approve any barbed wire, razor ribbon, electrified fences, or any similarly dangerous security measures.
h. Shrouding. All antennas and associated cables, jumpers, wires, mounts, masts, brackets, and other connectors and hardware shall be installed within a shroud or radome unless shrouding is not feasible. For pole‐top antennas, the shroud must match published City standards for size. The antenna shall be finished in a flat, non‐reflective color to match the underlying support structure. i. Antenna Volume. If shrouding pursuant to Paragraph (h) of this Section is not feasible, each individual antenna associated with a wireless facility shall not exceed three cubic feet in volume. The cumulative volume for all unshrouded antennas at a wireless facility shall not exceed (1) three cubic feet in residential districts or (2) six cubic feet in nonresidential districts. 444
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j. Overall Height. No antenna may extend more than five and one‐half feet above the support structure, plus any minimum separation between the antenna and other pole attachments required by applicable health and safetyregulations. k. Horizontal Projection. Horizontal projections are prohibited except where other designs are not feasible. Side‐mounted antennas, where permitted, shall not project (1) more than 24 inches from the support structure unless a greater distance is required to comply with legal requirements imposed by the CPUC; (2) over any roadway used for vehicular travel; or (3) over any abutting private property without written authorization of the property owner.
l. Accessory Equipment Volume. The cumulative volume for all accessory equipment at a single wireless facility shall not exceed (1) nine cubic feet in residential districts or (2) 12 cubic feet in nonresidential districts. The volume limits in this subsection do not apply to any undergrounded accessory equipment. m. Undergrounded Accessory Equipment.

1. Where Required. Accessory equipment (other than any electric meter or emergency disconnect switch when required by the electrical provider) shall be placed underground when proposed in any underground district.

The Director may waive the requirement to underground accessory equipment if the total volume of accessory equipment is less than 9 cubic feet and the location and design of wireless facility otherwise complies with the requirements of Sections 7 and 8.

2. Vaults. All undergrounded accessory equipment must be installed in an environmentally controlled vault that is load‐rated to meet applicable standards and specifications. Underground vaults located beneath a sidewalk must be constructed with a slip‐resistant cover. Vents for airflow shall be flush‐to‐grade when placed within the sidewalk. All vault lids shall be constructed from materials rated for heavy traffic and acceptable to the Director. Only non‐toxic sealants may be used.
n. Pole‐Mounted Accessory Equipment.

1. Preferred Concealment Techniques. Applicants shall place pole‐mounted accessory equipment in the least conspicuous position on the proposed pole and at the proposed location. All above ground wires and cables shall be installed within the interior of the pole or radome unless it is not feasible to do so. If pole‐mounted accessory equipment must be installed on the exterior of the pole, the equipment shall be concealed behind street, traffic, 445
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or other existing signs to the extent that such installation complies with applicable public health and safety regulations.

2. Orientation. Unless placed behind a street sign or some other concealment that dictates the equipment orientation on the pole, pole‐mounted accessory equipment should be oriented away from prominent views and shall not substantially obstruct a view from the primary living area of a residence (e.g., oriented toward the street).

3. Horizontal Projection. Pole‐mounted accessory equipment shall not project (i) more than 24 inches from the pole surface unless a greater distance is required to comply with legal requirements imposed by the CPUC; (ii) over any roadway used for vehicular travel; or (iii) over any abutting private property without the written consent of the property owner and property owner’s provision of written waiver that releases, waives and holds harmless City from any injury to property or persons associated with such encroachment into or onto private property. All pole‐mounted accessory equipment shall be mounted flush to the pole surface. If applicable state or federal laws or regulations preclude flush‐mounted equipment, the separation gap between the pole and the accessory equipment shall be no greater than required to comply with such laws or regulations and shall be concealed to the Director’s satisfaction.

4. Minimum Vertical Clearance. The lowest point on any pole‐mounted accessory equipment shall be at least eight feet above ground level adjacent to the pole unless applicable state or federal law or regulations impose a different requirement. If applicable laws or regulations require any pole‐ mounted accessory equipment component to be placed less than eight feet above ground level, the clearance from ground level shall be no less than required to comply with such laws or regulations.
o. Ground‐Mounted or Base‐Mounted Accessory Equipment

1. Placement of Ground‐Mounted Equipment. Ground‐mounted equipment is prohibited unless approved by the Director. Any approved ground‐ mounted equipment cabinets shall be placed six inches behind the sidewalk, at least two feet from the curb, and two feet from driveway and curb edges. Pedestals must be at least three feet from fire hydrants.

Installations must leave a minimum horizontal clear space for the path of travel of at least six feet, unless otherwise approved by the Director. The Director may require more clear space fortravel in heavily used commercial areas to provide sufficient room for pedestrian traffic. On arterial streets 446
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outside underground districts, proposed ground‐mounted accessory equipment should be completely shrouded or placed in a cabinet substantially similar in appearance to existing ground‐mounted accessory equipment cabinets. On non‐arterial streets, the preferred means of concealment of ground‐mounted facilities are as follows:
(i) Within a landscaped parkway, median or similar location, behind or among new or existing landscape features and painted or wrapped in flat, natural colors to blend with landscape features. (ii) If landscaping concealment is not feasible, disguised as other street furniture adjacent to the support structure, such as, for example, mailboxes, benches, trash cans, or information kiosks.

2. Ground‐Mounted Equipment. No ground‐mounted accessory equipment cabinets will be permitted.

3. Fire Protection. The exterior walls and roof covering of all ground‐mounted accessory equipment cabinets and equipment shelters shall be constructed of materials rated as nonflammable under the Uniform Building Code.

Openings in all above ground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers to the extent feasible.
p. Strand‐Mounted Wireless Facilities. Strand‐mounted wireless facilities are prohibited unless approved by the Director. Where permitted, no more than one strand‐mounted wireless facility may be installed (1) on any single span between two poles or (2) directly adjacent to any single pole. The Director shall not approve any ground‐mounted equipment in connection with a strand‐mounted wireless facility unless the ground‐mounted equipment consists of a remote power source used to power multiple strand‐mounted wireless facilities. Strand‐mounted wireless facilities shall not exceed one cubic foot in total volume. All equipment and other improvements associated with a strand‐mounted wireless facility must comply with all applicable health and safety regulations. Any accessory equipment mounted on the pole shall be finished to match the underlying pole. “Snowshoes” and other spooled fiber or cables are prohibited, unless approved by the Director.
q. Utilities Serving Wireless Facilities.

1. Overhead Lines. The Director shall not approve any new overhead utility lines in underground districts. In areas with existing overhead lines, new communication lines shall be “overlashed” with existing communication 447
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lines to the maximum extent feasible. No new overhead utility lines shall be permitted to traverse any roadway used for vehicular transit. Existing overhead lines that serve a City streetlight pole proposed to support a wireless facility shall be placed underground with the installation of the facility.

2. Vertical Cable Risers. All cables, wires, and other connectors must be routed through conduits within the pole or other support structure, and all conduit attachments, cables, wires, and other connectors must be concealed from public view. To the extent that cables, wires, or other connectors cannot be routed through the pole, the applicant shall route them through a single external conduit or shroud that has been finished to match the underlying pole.

3. Spools and Coils. Excess fiber or cable shall not be spooled, coiled, or otherwise stored on the pole outside equipment cabinets, vaults, or shrouds. Fiber or cable placement on existing poles shall have a minimum safety slack for sway and wind. Looped fiber storage for future use is prohibited.

4. Electric Meters. Wireless facilities shall use flat‐rate electric service or other method that obviates the need for a separate above‐grade electric meter. If flat‐rate service is not available, applicants may install a shrouded smart meter. If a ground‐mounted equipment cabinet is authorized by the Director, an electric meter may be integrated with and recessed into the cabinet. Separate ground‐mounted electric meter pedestals are prohibited unless they are required by the electric service provider. r. Existing Conduit or Circuits. The Director may condition the issuance of a wireless ROW permit to require the use of existing vaults, utility holes, conduits, ducts, manholes, electric circuits, and/or other similar facilities whenever available. Access to any conduit and/or circuits owned by the City shall be subject to the Director’s prior written approval, which the Director may withhold or condition as the Director deems necessary or appropriate to protect the City’s infrastructure, to prevent interference with the City’s municipal functions, and to protect public health and safety.
s. Alternative Design Standards. An applicant may propose alternative design standards, which may be considered by the Director on a case‐by‐case basis. The Director may approve an alternative design standard only if (1) the applicant demonstrates that strict application of the design standards in this Section 8 would conflict with applicable state or federal law or regulations, or (2) the Director 448
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determines based on clear and convincing evidence that a variance from the design standards set forth in this Section 8 is necessary to protect public health, safety, or welfare, based on specific characteristics of the proposed facility. Any variance from the design standards set forth in this Section 8 shall be allowed only to the extent necessary to comply with state or federal law or regulations or to protect public health, safety, or welfare.
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CITY OF CUPERTINO REGULATIONS FOR CONSTRUCTION, OPERATION, AND

SECTION 2. DEFINITIONS
The definitions in this Section 2 are applicable to the terms, phrases, and words of these Regulations. Undefined terms, phrases, or words will have the meanings assigned to them in the Municipal Code or 47 U.S.C. § 153, or if not defined in either therein, will have their ordinary meanings. If any definition assigned to any term, phrase, or word in this Section 2 conflicts with any federal or state‐mandated definition, the federal or state‐ mandated definition will control.
“Accessory equipment” means equipment other than antennas used in connection with a small wireless facility and includes “transmission equipment” as defined by the FCC in 47 C.F.R. § 1.6100(b)(8).
“Antenna” means the same as defined by the FCC in 47 C.F.R. § 1.6002(b). “Collocation” means the same as defined by the FCC in 47 C.F.R. § 1.6002(g). “CPUC” means the California Public Utilities Commission established in the California Constitution, Article XII, § 5, or its duly appointed successor agency. “Decorative pole” means any pole that includes decorative or ornamental features, design elements and/or materials intended to enhance the appearance of the pole or the right‐of‐way in which the pole is located.
“Director” means the Director of Public Works or their designee. “Eligible facilities request” means the same as defined by the FCC in 47 C.F.R. § 1.6100(b)(3).
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“FCC” means the Federal Communications Commission or its duly appointed successor agency.
“FCC Shot Clock” means the FCC’s presumptively reasonable time frame, accounting for any tolling or voluntary extension, or unusual circumstances justifying additional time, within which the City generally must act on a duly filed request for authorization in connection with a personal wireless service facility, as such time frame is defined by the FCC. For small wireless facilities, the FCC Shot Clock is 60 days for collocations and 90 days for new structures.
“OTARD” means an “over‐the‐air reception device” and includes all antennas and antenna supports covered by 47 C.F.R. § 1.4000(a)(1).
“Personal wireless services” means the same as defined in 47 U.S.C. §332(c)(7)(C)(i). “Personal wireless service facilities” means the same as defined in 47 U.S.C. § 332(c)(7)(C)(i).
“Public right‐of‐way” or “right‐of‐way” means the same as defined in Municipal Code Section 14.30.020C(9).
“RF” means radio frequency or electromagnetic waves used for wireless communication. “Shot clock days” means calendar days counted toward the presumptively reasonable time under the applicable FCC Shot Clock. The term “shot clock days” does not include any calendar days on which the FCC Shot Clock is tolled due to incompleteness or other authorized pauses.
“Small wireless facility” or “small wireless facilities” means the same as defined by the FCC in 47 C.F.R. § 1.6002(l).
“Support structure” means a “structure” as defined by the FCC in 47 C.F.R. §1.6002(m). “Underground district” means any area in the City within which overhead wires, cables, cabinets, and associated overhead equipment, appurtenances, and other improvements are either (1) prohibited by ordinance, resolution, or other applicable law; (2) scheduled to be relocated underground within 18 months from the time an application is submitted; or (3) primarily located underground at the time anapplication is submitted. “Wireless facility” or “facility” means small wireless facility and the same as defined in Municipal Code Section 14.30.020C(11).
“Wireless ROW permit” or “Small Cell Facility Encroachment Permit” means the same as defined in Municipal Code Section 14.30.020C(13).

SECTION 3. APPLICABILITY
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a. Wireless Facilities. Except as expressly provided otherwise, the provisions in these Regulations shall be applicable to all applications and requests for authorization to construct, install, attach, operate, collocate, modify, reconstruct, relocate, remove, or otherwise deploy small wireless facilities within the public rights‐of‐way within the City’s jurisdictional and territorial boundaries. b. Exemptions. These Regulations shall not apply to any facility exempt from Chapter 14.30 of the Municipal Code pursuant to Section 14.30.030B. c. Eligible Facilities Requests. Eligible facilities requests shall comply with Sections 4(b)‐(d), 4(h)‐(n), and 5(c)‐(d) and all applicable requirements of Section 8 to the extent Section 8 applies to the determination of what constitutes a “substantial change” under 47 C.F.R. § 1.6100(c)(1) but shall otherwise be exempt from the requirements of these Regulations; provided, however, that with regards to 4(i), the applicant will have the option of providing the public notice affidavit or paying City’s costs associated with City completing the noticing process detailed in 4(i) that otherwise is required of applicants.

SECTION 4. APPLICATION AND REVIEW PROCEDURES
a. Application Requirements for Wireless ROW Permits.   All applications for wireless ROW permits must comply with the requirements of Municipal Code Section 14.30.050 and the requirements of this Section 4. b. Application Form. The applicant shall submit a complete, duly executed wireless ROW permit application on the current City of Cupertino form. c. Application Fee. The applicant shall submit the applicable wireless ROW permit fee established by City Council resolution. If no application fee has been established for the specified work, then the applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the City for its reasonable costs incurred in connection with the application within 10 days after the City issues a written demand for reimbursement. d. Construction Drawings. The applicant shall submit true and correct construction drawings, prepared and signed by a licensed or registered engineer, that depict all the existing and proposed improvements, equipment and conditions related to  the proposed facility, including without limitation all poles, posts, pedestals, traffic signals, towers, streets, sidewalks, pedestrian ramps, driveways, curbs, gutters, drains, handholes, maintenance holes, fire hydrants, equipment cabinets, antennas, cables, utilities, and trees and other landscape features. The construction drawings must: (1) contain cut sheets that contain the technical specifications for all existing and proposed antennas and accessory equipment, which includes 452
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without limitation the manufacturer, model number and physical dimensions; (2) depict the applicant’s preliminary  plan for electric, and data backhaul utilities, including the anticipated locations  for all conduits, cables, wires, handholes, junctions, transformers, meters, disconnect switches, and points of connection; (3)  include locations for existing utility facilities within 50 feet of the footprint of work; and (4) demonstrate that proposed facility will be in full compliance with all applicable health and safety laws, regulations, or other rules, including without limitation all building codes, electric codes, local street and sidewalk standards and specifications, and public utility regulations and orders. All pole attachments shall be shown with pole numbers.
e. Site Survey. The applicant shall submit a survey prepared, signed, and stamped by a licensed engineer. The survey must identify  and depict all existing boundaries, encroachments, and other structures within 75 feet from the proposed facility and any new improvements, including without limitation all (1) traffic lanes; (2) private properties and property lines; (3) above and below‐grade utilities and related structures and encroachments; (4) fire hydrants and other public safety infrastructure; (5) streetlights, decorative poles, traffic signals, and permanent signage; (6) sidewalks, driveways, parkways, curbs, gutters, and storm drains; (7) benches, bus stops, trash cans, mailboxes, kiosks, and other street furniture; and (8) existing trees, planters, and other landscaping features. f. Photo Simulations. The applicant shall submit site photographs and photo simulations that show the existing location and proposed wireless facility in context from at least two vantage points within the public streets or other publicly accessible spaces, together with a vicinity map that shows the location of the proposed facility and the photo location for each vantage point. At least one simulation must depict the wireless facility from a vantage point approximately 50 feet from the proposed support structure orlocation. The photo simulations and vicinity map shall be incorporated into the construction plans submitted with the application.
g. Identification of Alternative Locations. For a small wireless facility not proposed in a tTier 1 lLocation Ppreference under Section 7(a), Tthe applicant shall provide an inventory of support structures and other feasible locations within 500 feet of the proposed location and explain the basis for the selection of the proposed location.
h. RF Compliance Report. The applicant shall submit an RF exposure compliance report that certifies that the proposed wireless facility, both individuallyand cumulatively with all other emitters that contribute more than 5% to the cumulative emissions in the vicinity (if any), will comply with applicable federal 453
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RF exposure standards and exposure limits. The RF report must be prepared and certified by an engineer acceptable to the Director. The RF report must include the actual frequency bands and power levels (in watts effective radiated power) for all existing and proposed antennas at the proposed facility and exhibits that show the location and orientation of all transmitting antennas and the boundaries of areas with RF exposures in excess of the uncontrolled/general population limit (as that term is defined by the FCC) and also the boundaries of areas with RF exposures in excess of the controlled/occupational limit (as that term is defined by the FCC).

Each such boundary shall be clearly marked and identified for every transmitting antenna at the proposed facility.
i. Public Notices. The applicant shall include with the application an affidavit that attests that notice has been posted at the site of the proposed facility and provided to property owners and residents of all property within a 300‐foot radius of the proposed facility pursuant to Municipal Code 14.30.050(D). The notices shall be posted and delivered on forms approved by the Director and must contain:
(1) a general description of the proposed wireless facility; (2) the applicant’s identification and contact information as provided on the application submitted to the City for interested parties to submit comments; (3) contact information for the Public Works Department; (4) a statement that the Director will act on the application without a public hearing and that the owner or occupant may request to be notified of the Director’s decision; and (5) a general statement that the FCC requires the City to take final action on applications for wireless facilities within 60 days for collocations and 90 days for facilities on new support structures; and (6) a statement that any person that wishes to seek a reasonable accommodation under the American with Disabilities Act or Fair Housing Amendments Act may do so. The notice should provide the location, date, and time of a community meeting, if applicable. The notice shall be delivered in an envelope that prominently displays the operator’s logo and shall prominently display the text “NEW WIRELESS FACILITY INFORMATION” on the front of the envelope. The applicant shall maintain (and provide to the Director, at the Director’s request) (i) a list ofrecipients of the public notice; (ii) a log of any correspondence to or from the recipients of the notice prior to the City’s final decision on the application; and (iii) a list of recipients of the public notice who have requested to receive notice of the Director’s decision. The applicant shall copy the appropriate Public Works staff on all email correspondence with members of the public. The noticing period for this activity shall be 21 days from the date the letter is deposited with the United States Postal Service, pursuant to Municipal Code 14.30.050(D). No permit or approval for the small wireless facility being noticed will be issued during the 454
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noticing period unless applicable state or federal law or regulations impose a different requirementpermit issuance is required by applicable state or federal law. j. Public Access to Application Information. The Director shall ensure that information regarding the location and status of all wireless ROW permit applications is available on the City of Cupertino website. k. Regulatory Authorization; Shot Clock Requirements. The applicant shall submit evidence of the applicant’s regulatory status under federal and California law to provide the services and construct the wireless facility proposed in the application.

The application must state whether the applicant believes state or federal law requires action on the application within a specified time period. l. Property Owner’s Authorization. The applicant shall identify the support structure for the wireless facility (including any identification number) and include written authorization from the support structure owner(s). m. Acoustic Analysis. The applicant shall submit an acoustic analysis prepared and certified by a California licensed engineer for the proposed wireless facility and all associated equipment including all environmental control units, sump pumps, temporary backup power generators, and permanent backup power generators demonstrating compliance with the applicable provisions of Chapter 10.48. The acoustic analysis must include an analysis of the manufacturers’ specifications for all noise‐emitting equipment and a depiction of the proposed equipment relative to all adjacent property lines. Where no generator, mechanical fan, or other noise‐ emitting equipment is proposed for installation, the applicant may submit, in lieu of an acoustic analysis, evidence from the equipment manufacturer(s) that demonstrates the ambient noise emitted from all the proposed equipment will not, both individually and cumulatively, exceed applicable noise standards. n. Structural Analysis. The applicant shall submit a report prepared and certified by a California‐licensed structural engineer (or other qualified personnel acceptable to the City) that certifies (1) the underlying pole or support structure has the structural integrity and/or capacity to support all the proposed equipment and attachments; (2) the foundation has the capacity to support additional loading and to accommodate any modifications to the pole base and bolt pattern; and (3) any drilling or cutting will preserve the structural integrity of the pole. Where an applicant proposes to replace the pole and foundation, the applicant shall submit structural drawings and calculations prepared and certified by a California‐ licensed structural engineer.
o. Community Meeting. The City strongly encourages, but does not require, applicants to schedule, notice, arrange, and attend a pre‐submittal community 455
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meeting with all interested members of the public. This voluntary, pre‐submittal public meeting does not cause the FCC Shot Clock to begin running and is intended to give applicants the opportunity to hear from members of the public regarding proposed deployment. Applicants should bring any draft applications, plans, maps, presentations, or other materials to facilitate the public’s understanding of the applicant’s proposal. The City seeks to encourage dialogue that may allow applicants to address and resolve areas of concern prior to the submittal of an application.
p. Pole Availability Requests. Before submitting an application, applicants seeking a permit to install a wireless facility on a City light pole are encouraged but not required to submit a pole availability request and reservation to the Department of Public Works, to determine whether the light pole is available for the proposed facility. The applicant shall explain why the proposed location meets the requirements of Section 7 of these Regulations. Each pole availability request shall include the following information:

The approval of a pole availability request does not constitute approval of a wireless ROW permit and does not relieve the applicant of complying with all requirements of Chapter 14.30 and these Regulations.
q. License Agreement. For any wireless facility proposed to be installed on any structure owned or controlled by the City and located within the public rights‐of‐ way, the applicant shall submit an executed Small Cell License Agreement on a form prepared by the City that states the terms and conditions for such non‐ exclusive use by the applicant. Such agreement will function as a master agreement pursuant to which an Encroachment Agreement will be entered into between City and applicant which will detail the terms and conditions that will govern particular siting authorizations.
r. Peer and Independent Consultant Review. The Director may in their discretion select and retain independent consultant(s) with expertise and appropriate credentials in telecommunications, RF testing/compliance, electrical or fire safety, and/or other professional consultation services as deemed appropriate in 456
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connection with the review of any application under this chapter. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including but not limited to application completeness or accuracy, engineering analysis, or compliance with FCC radio frequency emissions limits. The Director may require that the independent consultant prepare written reports, testify at public meetings, hearings and/or appeals, and attend meetings with City staff and/or the applicant.

Before the independent consultant may perform any services, the applicant shall tender to the City a deposit in an amount equal to the estimated cost for the consultant’s services to be provided, as determined by the Director. The Director may request additional deposits as reasonably necessary to ensure sufficient funds are available to cover the reasonable costs in connection with the independent consultant’s services. In the event that the deposit exceeds the total costs for consultant’s services, the Director shall promptly return any unused funds to the applicant after the wireless facility has been installed and passes a final inspection by the Director. In the event that the reasonable costs for the independent consultant’s services exceed the deposit, the Director shall invoice the applicant for the balance. The City shall not issue any wireless ROW permit to any applicant with any unpaid deposit requests or invoices.
s. Incomplete Applications Deemed Withdrawn. An application shall be automatically deemed withdrawn by the applicant when the applicant fails to submit a substantive response to the Director within 60 180 calendar days after the Director deems the application incomplete by written notice unless the applicant demonstrates good cause for the delay. A “substantive response” must include, at a minimum, all the materials identified as incomplete in the written incomplete notice, unless the Director explicitly waives any materials.

SECTION 5. DECISIONS
a. Decision of the Director. The Director shall approve, deny (with or without prejudice), or conditionally approve an application for a wireless ROW permit within a sufficient time to allow for an appeal to the City Manager pursuant to Municipal Code Section 14.30.070.
b. Findings for Approval. Except for eligible facilities requests, any approval or conditional approval of an application for a wireless ROW permit shall include a 457
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written determination based on the findings set forth in Municipal Code Section

14.30.060(B). The findings shall include a determination that the proposed facility meets the requirements in these Regulations, including the following:

1. The proposed facility is either located in the “most preferred” location for a wireless facility (Section 7(a)) or that the requirements of Section 7(b) are satisfied.

2. The proposed facility complies with all applicable design standards (Section 8).

SECTION 6. CONDITIONS OF APPROVAL
a. Standard Conditions. All wireless ROW permits shall be subject to the following standard conditions of approval:

1. Permit Term. Each wireless ROW permit shall have a term of 10 years and shall automatically expire 10 years and one day from its issuance, unless a different term is set pursuant to a license agreement approved by the City Council. Any other permit or approval issued in connection with any collocation, modification, or other change to a permitted wireless facility, including without limitation any permits or other approvals deemed‐ granted or deemed‐approved under state or federal law, shall not extend the term of the permit unless expressly provided otherwise in such permit or approval or required under state or federal law. Nothing in this subparagraph shall extend or abridge the rights of permittee under any 458
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license agreement with the City or any other public agency or any private utility.

2. Permit Renewal. Not more than one year before a wireless ROW permit expires, the permittee may apply for renewal of the permit. The permittee must demonstrate that the wireless facility complies with all conditions of approval of the permit and all applicable provisions in Municipal Code and Regulations that exist at the time the renewal decision is rendered. The Director may modify or amend the conditions on as may be necessary or appropriate to ensure compliance with the Municipal Code, these Regulations, or other applicable law. Upon renewal, the permit will automatically expire 10 years and one day from the date of renewal unless expressly issued for a shorter duration. Nothing in this subparagraph shall extend or abridge the rights of permittee under any license agreement with the City or any other public agency or any private utility. The provisions of this subparagraph may be waived or modified by a license agreement approved by the City Council.

4. Post‐Installation Certification. Within 30 calendar days after the permittee receives the final inspection or completes the construction and/or installation of a wireless facility, the permittee shall provide the Director with documentation that the facility has been installed and/or constructed in compliance with the approved construction drawings and photo simulations. Such documentation shall include without limitation as‐built drawings, GIS data, and site photographs. Post‐installation certification shall include compliance with any provisions of a license agreement 459
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between the permittee and the City relating to the measurement of RF emissions from a wireless facility.

5. Site Maintenance. The permittee shall comply with the provisions of the most current editions of the City’s Building Code, Plumbing Code, and Electrical Code; any applicable construction standards adopted by the Department of Public Works; the facility’s specifications and plans; and any applicable federal, state, or local statutes, ordinances, regulations, guidelines, or requirements. The permittee shall keep the site, which includes without limitation any and all improvements, equipment, structures, access routes, fences, and landscape features, in a neat, clean, and safe condition in accordance with the approved construction drawings and all conditions in the wireless ROW permit. The permittee shall keep the site area free from litter and debris at all times. The facility shall be manufactured or treated to resist graffiti. The permittee, at no cost to the City, shall monitor and abate any graffiti or other vandalism at the site. The permittee shall make reasonable commercial efforts to remove graffiti within 72 hours after the permittee receives notice or otherwise becomes aware that such graffiti or other vandalism occurred.

7. Construction Activities. Construction shall be coordinated with other utility companies or applicants installing infrastructure in the right‐of‐way and shall be scheduled and conducted so as to minimize interference with public use of the right‐of‐way, including access to the right‐of‐way from private property. The permittee shall use all reasonable efforts to avoid any 460
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and all unreasonable, undue, or unnecessary adverse impacts on nearby properties that may arise from the construction, installation, operation, modification, maintenance, repair, removal, and/or other activities on or about the site of the facility, including the public’s use of the right‐of‐way and the public’s access to the right‐of‐way from private property. The permittee shall not perform or cause or allow others to perform any construction, installation, operation, modification, maintenance, repair, removal, or other work that involves heavy equipment or machines except during normal construction work hours authorized by the Municipal Code.

9. Permittee’s and Contractor’s Contact Information. Within 10 days from the final approval, the permittee shall furnish the City with accurate and up‐to‐date contact information for a person responsible for the wireless facility, which includes without limitation such person’s full name, title, direct telephone number, mailing address, and email address. The permittee shall keep such contact information up‐to‐date at all times and shall promptly provide the City with updated contact information if either the responsible person or such person’s contact information changes. In addition, before the City issues any permit required to commence 461
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construction, the permittee shall furnish the City with accurate and up‐to‐ date contact information for the contractor responsible for the construction of the facility, including without limitation such person’s full name, title, direct telephone number, mailing address, and email address.

12. Trenching and Excavation. Any excavation and/or trenching activities shall not disturb the root systems of trees measuring 24 inches or more in diameter. Protective fencing, consistent with City Standard Details, should be installed around street trees within or adjacent to the work area to prevent damage to branches, trunks, or root systems. If any cultural resources are discovered during excavation, trenching, or other construction activities, work shall be stopped immediately, and the Director of Community Development shall be notified. Directional boring should be 462
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used instead of trenching whenever possible to minimize interference with vehicular traffic and may be required by the City when working in streets that have been recently resurfaced or resealed. When trenching is necessary, all trenches shall be covered at the end of each workday, in compliance with City standards and policies regarding trench plates. The total time that a trench may remain open in any segment of the road system should not exceed one week unless a longer time period is expressly authorized by the Director.

Stationary noise sources shall be located away from sensitive receptors to the extent feasible. If location within 20 25 feet of homes, schools, neighborhood parks, or retail businesses is necessary, stationery noise sources shall be muffled and enclosed with temporary sheds, unless permitted otherwise by the Director of Public Works. Trucks and other vehicles should not be permitted to idle when waiting at or near the construction site.

Where feasible, reclaimed water shall be used for this purpose. All trucks hauling soil, sand, paving materials, and other loose materials shall be covered or required to maintain at least two feet of space between the top of the load and the top of the trailer. Streets shall be swept at the end of each workday if soil, sand, or other material has been carried onto adjacent paved streets or sidewalks. When feasible, streets shall be swept using reclaimed water. Best Management Practices shall be used to prevent oil, 463
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dirt, or other materials from construction equipment or activity from washing into the City storm drainage system. Water discharge resulting from both construction and underground facility drainage shall comply with National Pollutant Discharge Elimination System (NPDES) regulations.

16. Rearrangement and Relocation. The permittee acknowledges that the City, in its sole discretion and at any time, may (i) change any street grade, width or location; (ii) add, remove, or otherwise change any improvements in, on, under, or along any street owned by the City or any other public agency, including without limitation any sewers, storm drains, conduits, pipes, vaults, boxes, cabinets, poles, and utility systems for gas, water, electric, or telecommunications; and/or (iii) perform any other work deemed necessary, useful, or desirable by the City (collectively, “City work”). The City reserves the rights to do any and all City work without any admission on its part that the City would not have such rights without the express reservation in the wireless ROW permit. If the Director determines that any City work will require the wireless facility to be rearranged, relocated, or removed, the permittee shall at its sole cost and expense do or cause to be done all things necessary to commence accomplish such rearrangement, relocation, or removal, within 60 days of written request to do so and diligently prosecute such work to completion, subject to City’s reasonable cooperation with regards to permitting and/or licensing approvals. If the permittee fails or refuses to either permanently or temporarily commence to rearrange, relocate, or remove the wireless facility within 60 days after 464
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receiving notice from the Director, the City may (but will not be obligated to) cause the rearrangement, relocation, or removal to be performed at the permittee’s sole cost and expense. The City may exercise its rights to rearrange,relocate, orremove the permittee’s wireless facility without prior notice to permittee when the Director determines that City work is immediately necessary to protect public health, safety or convenience. The permittee shall reimburse the City for all costs and expenses in connection with such work within 10 days after receiving a written demand for reimbursement and reasonable documentation to support such costs and expenses.

17. Reserved.Future Undergrounding Programs. The permittee acknowledges that if other utilities or communications providers in the right‐of‐way underground their facilities in the segment of the right‐of‐way where the wireless facility is located, the permittee shall also be required to underground its equipment, except its antennas and any approved electric meter, at approximately the same time. Accessory equipment such as radios and computers that require an environmentally controlled underground vault to function shall not be exempt from this condition. Such undergrounding shall occur at the permittee’s sole cost and expense except as may be reimbursed through tariffs approved by the CPUC for undergroundingcosts. Nothing in this paragraph shall be construed to limit the term of the permit.

19. Insurance. The permittee shall secure and maintain commercial general liability insurance, including bodily injury and property damage, with limits of $2,000,000 per occurrence and $4,000,000 in the aggregate, or as otherwise established by agreement, and shall have coverage at least as broad as the 465
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Insurance Service Office (ISO) Form No. CG 0001 or its successor; provided, however, that the Director may consider proof of adequate insurance sufficient to satisfy the requirements of any license agreement between permittee and the City as proof of compliance with this condition. The City, the City Council, and the City’s boards, commissions, officers, and employees shall be included as an additional insureds under the permittee’s policy.

20. Indemnification. The permittee shall indemnify, defend, protect, and hold harmless the City, the City Council, and the City’s commission members, officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings, orders, judgments, all costs and expenses (collectively, “claims”) incurred in connection with activities authorized under the wireless ROW permit or in connection with the construction, operation, or maintenance of the wireless facility, except to the extent that any such claim arises solely from the negligence or willful misconduct of the City, the City Council, or the City’s commission members, officers, and employees. In the event the City becomes aware of any claims, the City will use best efforts to promptly notify the permittee and the private property owner (if applicable) and shall reasonably cooperate in the defense. The permittee expressly acknowledges and agrees that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall promptly reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. The permittee expressly acknowledges and agrees that the permittee’s indemnification obligations under this condition are a material consideration that motivates the City to approve anythis wireless ROW permit and that such indemnification obligations will survive the expiration, revocation, or other termination of the wireless ROW permit.

21. Truthful and Accurate Statements. The permittee acknowledges that the City’s approval relies on the written and/or oral statements by permittee and/or persons authorized to act on permittee’s behalf. In any matter before the City in connection with the wireless ROW permit or the infrastructure approved under the permit, neither the permittee nor any person authorized to act on permittee’s behalf shall, in any written or oral statement, recklessly or intentionally provide material factual information that is incorrect or misleading or intentionally or recklessly omit any material information necessary to prevent any material factual statement 466
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from being incorrect or misleading. Failure to comply with this paragraph may result in permit revocation and other enforcement action under these Regulations or the Municipal Code.

22. Permit Revocation. Wireless ROW permits may be subject to revocation under Municipal Code Section 14.30.080(A). The Director may initiate revocation proceedings when the Director determines that a wireless facility is not in compliance with any applicable law, including without limitation the conditions of any permit issued in connection with the construction, operation, or maintenance of the facility. The Director shall provide the permittee with written notice identifying (i) the facility; (ii) the violation(s) to be corrected; and (iii) the timeframe in which the permittee must correct such violation(s), and shall notify the permittee that, in addition to all other rights and remedies the City may pursue, the City may initiate revocation proceedings for failure to correct such violation(s). The Director may revoke a permit if said violation(s) are not corrected within 30 days of the date of the notice, or within the timeframe to correct such violation(s) stated in the notice, whichever is longer. The permittee may appeal the decision of the Director to the City Manager within 10 days of service of the decision via first class mail. If a timely and complete request for appealhearing is submitted, the City Manager shall conduct an administrative hearing within 30 days of receipt of the appeal. The City Manager may decide the issues presented de novo. The City Manager’s decision following the hearing shall be in writing, shall explain the basis for the decision, and shall be served upon the permittee by first class mail, to the address stated on the request for appealhearing form. The written decision of the City Manager shall be the final decision of the City effective on the date of mailing.

23. Record Retention. The permittee shall retain all records related to the construction, operation, and maintenance of the wireless facility throughout the permit term, including without limitation the wireless ROW permit application, the wireless ROW permit, the approved plans and photo simulations, any RF calculations and RF testing reports, and any other permits, approvals, memoranda, documents, papers, and other correspondence entered into the public record in connection with the wireless ROW permit or wireless facility (collectively, “records”). If the permittee does not maintain such records as required by this condition, any ambiguities or uncertainties that would be resolved by inspecting the missing records will be construed against the permittee. The requirements in this condition shall not be construed to create any obligation to create or 467
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prepare any records not otherwise required to be created or prepared by these Regulations or other applicable laws or regulations. Compliance with the requirements in this condition shall not excuse the permittee from any other similar record‐retention obligations under other applicable laws or regulations.

14.30 or regulations adopted pursuant to Municipal Code Section 14.30.040. The permittee shall be entitled to notice and an opportunity to be heard prior to any changes made to the permit or conditionsthe revocation or modification of any permit authorized by any such changes to federal law. Any permitrevocation shall comply with the requirements of Section 6(a)(22) of these Regulations.Nothing in this paragraph shall be construed to limit any vested right conferred to the permittee under state or federal law.
c. Special Conditions. The Director may modify, add, or remove conditions to any wireless ROW permit as they deem necessary or appropriate to (1) protect and/or promote the public health, safety, and welfare; (2) tailor the standard conditions in paragraph (a) of this Section to the particular facts and circumstances associated with the deployment of a wireless facility; and/or (3) ensure that the proposed deployment complies with the Municipal Code, the Regulations, generally applicable health and safety requirements, and/or any other applicable laws or 468
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regulations. As required by applicable FCC regulations, the Director shall ensure that any different conditions applied to wireless facilities are no more burdensome than those applied to other similarly situated infrastructure deployments.

1. Locations where collocation of equipment with existing wireless facilities is feasible within preferred facility tiers 2 through 7.

1.2.Locations within mixed use or non‐residential districts.

2.3.Locations within residential districts on or along boulevards (arterials), as shown on the circulation network of the General Plan or main streets.

4. Locations within residential districts on or along avenues designated as major or minor collector streets, as shown on the circulation network of the General Plan.

3.5.Locations within residential districts on or along avenues designated as minor collector streets, as shown on the circulation network of the General Plan.

6. Other locations within residential districts.

4.7.Any location within 1,000 feet of an existing or proposed wireless facility serving the same carrier and/or network.

8. Any location within 100 feet of a school, or a property that is eligible for protection under the State Public Resources Code Section 5020.1(j).

9. Any location within 25 feet of an occupied structure, residential dwellings, or schools.

5.10. New standalone poles that serve only the wireless facility and which do not house City owned streetlights or other publicly owned facilities.

6.11. Installations on wooden utility poles.

7.12. Any location where strand‐mounted equipment of any kind is proposed.

If more than one location qualifies as the most preferred location under subparagraphs (2)‐(6), the most preferred location shall be the location that is 469
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furthest from any occupied residential unit. Except as provided in Section 7(b), no wireless facility may be installed at a location within 750 1,000 feet of an existing or proposed wireless facility serving the same carrier and/or network. b. Findings for Installation in a Less‐Preferred Location. A wireless facility shall be installed at the most‐preferred location within 500 feet of the proposed facility location consistent with Section 7a, and shall be located at least 750 1,000 feet from any existing or proposed wireless facility serving the same carrier and/or network unless (1) the applicant demonstrates that installation of the facility at a less preferred location is required by applicable state or federal law, or (2) the Director determines based on clear and convincing evidence that installation of the facility at a less‐preferred location is necessary to protect public health, safety, or welfare, based on specific characteristics of the location of the proposed facility, or (3) any other more preferred location is deemed technically infeasible. At the request of the Director, the applicant shall provide signal strength analyses, coverage maps, and/or an analysis of preferred site locations in support of any request to install a wireless facility at a less‐preferred location under this subparagraph. c. Prohibited Support Structures. Wireless facilities shall not be permitted on the following support structures:

1. Decorative poles (including historic or ornamental streetlight poles).

2. Traffic signal poles, mast arms, cabinets, or related devices or structures.

1. The view of any traffic sign, streetlight, or other traffic control device or any other view lines necessary forthe safety of vehicles, bicycles, or pedestrians. 470
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3. Access to any public transportation vehicles, shelters, street furniture, or other improvements at any public transportation stop.

4. Worker access to above ground or underground infrastructure owned or operated by any public or private utility agency.

5. Access to any fire hydrant, water valve, or water main.

6. Access to any doors, gates, passage doors, stoops, or other ingress and egress points to any building appurtenant tothe right‐of‐way.

7. Access to wastewater stations.

8. Access to any fire escape or other ingress or egress for fire safety purposes.

1. The facility should be placed on existing structures where feasible.

2. The facility should be placed as close as possible to the property corners or the property line between two parcels that abut the public right‐of‐way.

5. The facility should not be placed in any location that obstructs illumination patterns for existing streetlights.
g. Replacement Poles. All replacement poles shall be (1) located in the same position, or as close to the removed pole as possible; (2) aligned with the other existing poles along the public rights‐of‐way; and (3) substantially similar in height and width 471
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to the existing pole and compliant with all applicable standards and specifications promulgated by the Director.

Backup generators shall be operated during periods of power outages or for testing only and shall not be tested on weekends, holidays, or between the hours of 5:00 p.m. and 9:00 a.m.
d. Lights. All lights and light fixtures must be aimed and shielded so that their illumination effects are directed downwards and confined within the public right‐ of‐way in a manner consistent with all standards and specifications promulgated by the Director. All antennas, accessory equipment, and other improvements with indicator or status lights must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas. e. Trees and Landscaping. Wireless facilities may not remove or displace any existing tree orlandscape features without the prior approval of the Director. Each removed or displaced tree or landscaping feature must be replaced by trees or landscape features approved by the Director and consistent with Department of Community Development landscaping requirements or Department of Public Works requirements, whichever is applicable. Any replacement tree must be substantially the same size as the removed or a displaced tree unless approved by the Director. The permittee shall at all times be responsible to maintain any replacement landscape features.
f. Signs and Advertisements. All wireless facilities that involve RF transmitters must include signage that, consistent with applicable state and federal regulatory requirements, accurately identifies the facility owner/operator, the owner/operator’s site name or identification number, and a toll‐free number to the 472
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owner/operator’s network operations center. Wireless facilities may not bear any other signage, logos, or advertisements unless expressly approved by the City, required by law, orrecommended under FCC or other United States governmental agencies for compliance with RF emissions regulations. Signage shall be no larger than 6‐inches by 6‐inches unless required to be larger by law. g. Site Security Measures. Wireless facilities may incorporate reasonable and appropriate site security measures, such as locks and anti‐climbing devices, to prevent unauthorized access, theft, or vandalism. The Director shall not approve any barbed wire, razor ribbon, electrified fences, or any similarly dangerous security measures.
h. Shrouding. All antennas and associated cables, jumpers, wires, mounts, masts, brackets, and other connectors and hardware shall be installed within a shroud or radome unless shrouding is not feasible. For pole‐top antennas, the shroud must match published City standards for size. The antenna shall be finished in a flat, non‐reflective color to match the underlying support structure. i. Antenna Volume. If shrouding pursuant to Paragraph (h) of this Section is not feasible, each individual antenna associated with a wireless facility shall not exceed three cubic feet in volume. The cumulative volume for all unshrouded antennas at a wireless facility shall not exceed (1) three cubic feet in residential districts or (2) six cubic feet in nonresidential districts. j. Overall Height. No antenna may extend more than five and one‐half feet above the support structure, plus any minimum separation between the antenna and other pole attachments required by applicable health and safetyregulations. k. Horizontal Projection. Horizontal projections are prohibited except where other designs are not feasible. Side‐mounted antennas, where permitted, shall not project (1) more than 24 inches from the support structure unless a greater distance is required to comply with legal requirements imposed by the CPUC; (2) over any roadway used for vehicular travel; or (3) over any abutting private property without written authorization of the property owner.
l. Accessory Equipment Volume. The cumulative volume for all accessory equipment at a single wireless facility shall not exceed (1) nine cubic feet in residential districts or (2) 12 cubic feet in nonresidential districts. The volume limits in this subsection do not apply to any undergrounded accessory equipment. m. Undergrounded Accessory Equipment.

1. Where Required. Accessory equipment (other than any electric meter or emergency disconnect switch when required by the electrical provider) 473
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shall be placed underground when proposed in any (i) underground district or (ii) any location where the Director finds based on substantial evidence that additional above ground accessory equipment would incommode the public’s use of the public right‐of‐way. The Director may waive the requirement to underground accessory equipment if the total volume of accessory equipment is less than 9 cubic feet and the location and design of wireless facility otherwise complies with the requirements of Sections 7 and 8.

1. Preferred Concealment Techniques. Applicants shall place pole‐mounted accessory equipment in the least conspicuous position on the proposed pole and at the proposed location. All above ground wires and cables shall be installed within the interior of the pole or radome unless it is not feasible to do so. If pole‐mounted accessory equipment must be installed on the exterior of the pole, the equipment shall be concealed behind street, traffic, or other existing signs to the extent that such installation complies with applicable public health and safety regulations.

3. Horizontal Projection. Pole‐mounted accessory equipment shall not project (i) more than 24 inches from the pole surface unless a greater distance is required to comply with legal requirements imposed by the CPUC; (ii) over any roadway used for vehicular travel; or (iii) over any abutting private property without the written consent of the property owner and property owner’s provision of written waiver that releases, waives and holds harmless City from any injury to property or persons associated with such encroachment into or onto private property. All pole‐mounted accessory 474
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equipment shall be mounted flush to the pole surface. If applicable state or federal laws or regulations preclude flush‐mounted equipment, the separation gap between the pole and the accessory equipment shall be no greater than required to comply with such laws or regulations and shall be concealed to the Director’s satisfaction.

Installations must leave a minimum horizontal clear space for the path of travel of at least six feet, unless otherwise approved by the Director. The Director may require more clear space fortravel in heavily used commercial areas to provide sufficient room for pedestrian traffic. On arterial streets outside underground districts, proposed ground‐mounted accessory equipment should be completely shrouded or placed in a cabinet substantially similar in appearance to existing ground‐mounted accessory equipment cabinets. On non‐arterial streets, the preferred means of concealment of ground‐mounted facilities are as follows:
(i) Within a landscaped parkway, median or similar location, behind or among new or existing landscape features and painted or wrapped in flat, natural colors to blend with landscape features. (ii) If landscaping concealment is not feasible, disguised as other street furniture adjacent to the support structure, such as, for example, mailboxes, benches, trash cans, or information kiosks.

2. Dimensions of Ground‐Mounted Equipment; Public Safety Requirements. No ground‐mounted accessory equipment cabinets will be permittedmay exceed three feet in height, four feet in width, and two feet in depth, unless otherwise approved by the Director. No unit higher than three feet shall be 475
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placed in any location that would interfere with vehicular sight lines at street corners, driveways, and other points of ingress or egress or where they obstruct the view of any traffic devices or signs.

2. Ground‐Mounted Equipment. No ground‐mounted accessory equipment cabinets will be permitted.

1. Overhead Lines. The Director shall not approve any new overhead utility lines in underground districts. In areas with existing overhead lines, new communication lines shall be “overlashed” with existing communication lines to the maximum extent feasible. No new overhead utility lines shall be permitted to traverse any roadway used for vehicular transit. Existing overhead lines that serve a City streetlight pole proposed to support a wireless facility shall be placed underground with the installation of the facility.

2. Vertical Cable Risers. All cables, wires, and other connectors must be routed through conduits within the pole or other support structure, and all conduit attachments, cables, wires, and other connectors must be concealed from public view. To the extent that cables, wires, or other connectors cannot be 476
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routed through the pole, the applicant shall route them through a single external conduit or shroud that has been finished to match the underlying pole.

4. Electric Meters. Wireless facilities shall use flat‐rate electric service or other method that obviates the need for a separate above‐grade electric meter. If flat‐rate service is not available, applicants may install a shrouded smart meter. If a ground‐mounted equipment cabinet is authorized by the Director, an electric meter may be integrated with and recessed into the cabinet. Separate ground‐mounted electric meter pedestals are prohibited unless approved at the reasonable discretion of the Directorthey are required by the electric service provider.
r. Existing Conduit or Circuits. The Director may condition the issuance of a wireless ROW permit to require the use of existing vaults, utility holes, conduits, ducts, manholes, electric circuits, and/or other similar facilities whenever available. Access to any conduit and/or circuits owned by the City shall be subject to the Director’s prior written approval, which the Director may withhold or condition as the Director deems necessary or appropriate to protect the City’s infrastructure, to prevent interference with the City’s municipal functions, and to protect public health and safety.
s. Alternative Design Standards. An applicant may propose alternative design standards, which may be considered by the Director on a case‐by‐case basis. The Director may approve an alternative design standard only if (1) the applicant demonstrates that strict application of the design standards in this Section 8 would conflict with applicable state or federal law or regulations, or (2) the Director determines based on clear and convincing evidence that a variance from the design standards set forth in this Section 8 is necessary to protect public health, safety, or welfare, based on specific characteristics of the proposed facility. Any variance from the design standards set forth in this Section 8 shall be allowed only to the extent necessary to comply with state or federal law or regulations or to protect public health, safety, or welfare.
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RESOLUTION NO. ________

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.

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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 16th day of September, 2025, by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:

SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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CITY OF CUPERTINO
Agenda Item
25-13866 Agenda Date: 9/16/2025
Agenda #: 21.

Subject: Revisions to Cupertino City Council Procedures Manual Adopt Resolution No. 25-082 amending the Cupertino City Council Procedures Manual CITY OF CUPERTINO Page 1 of 1 Printed on 9/11/2025
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CITY COUNCIL STAFF REPORT
Meeting: September 16, 2025
Subject
Revisions to Cupertino City Council Procedures Manual
Recommended Action
Adopt Resolution No 25-____ amending the Cupertino City Council Procedures Manual
Reason for Recommendation and Available Options
On February 7, 2023, the City Council adopted Resolution No. 23-021, approving the Cupertino City Council Procedures Manual. The Manual includes rules and guidelines for communication, meeting management, decorum, and decisionmaking. The Procedures Manual was subsequently amended in March 2024 (Resolution No. 24-024) and again in March 2025 (Resolution No. 25-021).

The current version of the Cupertino City Council Procedures Manual contains most of those updates. Although during the meeting on March 18, the Mayor offered additional updates, which were not then passed.

Those additional updates are now presented here for Council consideration.

They include:
• Section 4.7, requiring City commissions and committees to include a “Future Agenda Items” section to their agendas, as well as a “Tentative Council Meeting Agenda Calendar,” listings items pending to come before the commission or committee within the next 12 months. • Section 5.3, requiring that appointments to regional bodies terminate when a new appointment takes effect, and under subsection 5.3.1, requiring Council ratification of Councilmember appointments to outside bodies.
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• Section 7.1.1, requiring that each Council Agenda include a “Tentative Council Meeting Agenda Calendar” listing items pending to come before the Council within the next 12 months. • Section 7.7, requiring written communications from members of the public or Councilmembers, received after agenda publication be included in agenda materials and made available to the public, if the sender so requests.
• Section 8.3, adding Councilmember informational memoranda to this Section’s Order of Business list.
• Section 8.4.2, further defining the process for removing items from the consent calendar.
• Section 8.5, clarifying how public speakers may combine their time during public comment.
• Section 11.2, adding a procedure by which Councilmembers may offer written memoranda for inclusion in their Councilmember Reports.

Draft Resolution No. 25-___(Attachment A) includes the suggested amendments to the Procedures Manual. A redline comparison to the current Procedures Manual is provided as Attachment B.

Staff Recommendation
Approve the recommended actions.

Sustainability Impact
No sustainability impact.

Fiscal Impact
No fiscal impact.

City Work Program Item/Description
No.

Council Goal
No.
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California Environmental Quality Act
Not applicable.
_____________________________________
Prepared by: Floy Andrews, Interim City Attorney
Reviewed and Approved by: Tina Kapoor, Interim City Manager Attachments:

A – Draft Resolution
B – Proposed Amendments to Cupertino City Council Procedures Manual (redline)
C – Proposed Amendments to Cupertino City Council Procedures Manual (clean)
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RESOLUTION NO. 25- ________

A RESOLUTION OF THE CUPERTINO CITY COUNCIL

AMENDING THE CUPERTINO CITY COUNCIL PROCEDURES MANUAL
WHEREAS, on February 7, 2023, the Cupertino City Council adopted Resolution No. 23-021, adopting the Cupertino City Council Procedures Manual; and
WHEREAS, on March 19, 2024, the City Council adopted
Resolution No. 24-024, amending the City Council Procedures Manual; and
WHEREAS, on March 18, 2025, the City Council adopted Resolution No. 25-021 again amending the City Council Procedures Manual, and WHEREAS, the City Council is considering further amendments to the City Council Procedures Manual.

NOW, THEREFORE, BE IT RESOLVED that:

1. The City Council hereby adopts the Cupertino City Council Procedures Manual, as amended, attached hereto as Exhibit A.

2. Any other procedures, policies, or rules that are inconsistent with the Council Procedures adopted herein are hereby
repealed and rescinded.

3. This Resolution shall take effect on September 17, 2025.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of September, 2025 by the following vote:

Members of the City Council
AYES:

NOES:

ABSENT:

ABSTAIN:
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Resolution No. 25-XXX

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SIGNED:
________
Liang Chao, Mayor
City of Cupertino
________________________
Date
ATTEST:
________
Kirsten Squarcia, City Clerk
________________________
Date
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City of Cupertino
City Council Procedures
Manual
Attachments:

Ex. A – Elected Officials’
Compensation Program
Ex. B – Council Technology Policy
Ex. C – Resolution No. 07-103
Ex. D – Municipal Code Chapter 2.17
Effective Date:

March 4,______, 2025
Responsible Departments:

City Manager’s Office
Related Policies & Notes:

See Exhibits A–D.

1. Introduction

1.1 Purpose. The purpose of this Manual is to promote communication, understanding, fairness, and trust among the members of the City Council, City staff, and members of the public concerning their roles, responsibilities, and expectations for management of the business of the City of Cupertino.

1.2 Values. Courtesy and respect for individual points of view should be practiced at all times. All Councilmembers shall respect each other’s right to disagree. All Councilmembers shall act with decorum and courtesy.

1.3 Brown Act. All actions of the City Council and City commissions, committees, and subcommittees shall comply with the Ralph M. Brown Act.

1.4 No Cause of Action Against City. This Manual is intended to govern the internal policies and procedures. Violations of this Manual are enforceable solely through enforcement pursuant to Section 10. Nothing in this Manual is intended to give rise to a claim or cause of action against the City, or any City Councilmember or other City official.

2. Selection of the Mayor and Vice Mayor

2.1 Selection of Mayor and Vice Mayor. The Mayor and Vice Mayor shall be selected annually at a special meeting on the second Thursday of December.

2.2 Removal of Mayor and Vice Mayor. The Mayor or Vice Mayor may be 486
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removed from office, for cause, by a 4/5ths affirmative vote of the members. Removal for cause shall mean removal of a Councilmember because of such member’s (a) willful and continued failure substantially to perform their duties, (b) conviction for, or guilty plea to, a felony, or a crime involving moral turpitude, (c) abuse of illegal drugs or other controlled substances or habitual intoxication, or (d) other illegal activities. The removal should proceed with a formal warning, which states with proven evidence of the member’s failure to perform their duties and proposed corrective measures. The Mayor or Vice Mayor must be advised of the proposed cause for removal at least 72 hours before any action is taken. If the Mayoris removed from office, the Vice Mayor shall become Mayor. If either officer is removed from office, the Vice Mayor shall be appointed from among the remaining three Councilmembers.

3. Councilmember Committees and Subcommittees

3.1 Appointment. The Mayor shall appoint Councilmembers to standing and ad hoc committees and subcommittees established by the City Council, subject to ratification by the Council at its next regular meeting.

It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council.

3.2 Instructions and Expectations. The Council shall make certain that all Council committees and subcommittees are properly instructed in their assigned scope of work and responsibilities. The committee’s or subcommittee’s jurisdiction shall be defined in writing and approved by a majority of the City Council. All Council committees and subcommittees having a continuing or indefinite jurisdiction shall be subject to the Brown Act.

3.3 Reporting. Council committee and subcommittee members are to keep the Council informed of the work and progress of their committee or subcommittee. These reports or minutes shall be made in writing whenever a recommendation is made to the Council.

4. Other City Commissions and Committees

4.1 Responsibility. The Council will make appointments to City’s commissions and committees. Qualifications to serve on commissions and committees shall be set forth in the Municipal Code or by a resolution or motion of the Council that is not inconsistent with the 487
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Municipal Code. Appointment of Councilmembers to City committees shall be governed by the procedures in Section 3.

4.2 Attendance at Council Meetings. The Chair or another commission member appointed by the Chair shall attend City Council meetings whenever the commission makes a recommendation to Council regarding an item of business on the Council agenda. The commission liaison shall promptly notify the Chair after an item requiring a commissioner’s appearance is placed on a future City Council agenda.

4.3 Performance Expectations. The Council shall make certain that all commissions and committees are properly instructed on their responsibilities and performance expectations. This will include the issuance of a Council‐approved Commission and Committee Handbook and a mandatory annual training session for all Commission and Committee members.

4.4 Appointment. Commission and Committee applicants will be interviewed by the Council before being voted on by the Council in a noticed public meeting. Applicants are considered by motion and appointed by a majority vote of Council. Two members of an immediate family or persons residing in the same household shall not be allowed to serve simultaneously on the same commission or committee.

Immediate family members residing in the same household as a Councilmember are not eligible for appointment to any commission or committee.

4.5 Removal. The City Clerk shall notify the City Council and make a recommendation for potential removal of commission members for failure to comply with attendance policies adopted in the Commissioner’s Handbook. Council retains full discretion to review commission and committee member performance and may take disciplinary action as needed, including removal from the commission or committee.

4.6 Undue Influence on Commissioners. Councilmembers should not attempt to influence or publicly criticize commission recommendations or to influence or lobby individual commission members on any item under their consideration. It is important for commissions to be able to make objective recommendations to the City Council on items before them. Councilmembers that attempt to influence commission positions on an item may prejudice or hinder their role in reviewing the 488
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commission’s recommendation as a member of the City Council.

Individual Councilmembers shall have the right to attend meetings of Cupertino commissions and other Cupertino governmental bodies but shall refrain from speaking or becoming involved in deliberations.

4.7 Future Agenda Items. Each meeting of a commission or committee shall include a “Future Agenda Items” section, which shall contain a list of proposed future agenda items and a Tentative Commission Meeting Agenda Calendar, similar to the Tentative Council Meeting Agenda Calendar described in section

7.1.1 herein.

5. Administrative Matters

5.1 Attendance. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duty.

Councilmembers shall make a good faith effort to attend all such meetings. Council membersCouncilmembers shall notify the Mayor or the City Clerk if they will be absent from a meeting.

5.25.1 Council attendance will be noted in the agenda of the next regular meeting and thereafter for that calendar year, if five or more regular meetings are missed.

5.35.2 Correspondence. Proposed correspondence from the Mayor or other Councilmembers on City stationery should generally be reviewed by the Council in draft form prior to release. On occasion, there are urgent requests from the League of California Cities for correspondence concerning legislation directly affecting municipalities. If the Mayor and the City Manager agree that the League’s position corresponds with that of the Council, the Mayor may send a letter without first obtaining Council approval. City letterhead will be made available for routine correspondence (e.g., thank you notes). Official correspondence (including email) from Councilmembers should be respectful and professional.

5.45.3 Regional Bodies. The Mayor shall appoint Councilmembers to represent the City of Cupertino on regional bodies subject to ratification by the Council at its next regular meeting. The Mayor should endeavor to provide all Councilmembers a fair opportunity to represent the City. The positions taken by the appointed representatives should be in alignment with the positions that Council has taken on issues that directly impact the City of Cupertino. If an issue arises that is specific to Cupertino and Council has not taken a position, the issue should be 489
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discussed by Council priorto taking a formal position at a regional board meeting to assure that it is in alignment with Council’s position. Council representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council.

Councilmembers shall make a good faith effort to attend all regional meetings that require a quorum of the appointed members to convene a meeting. Attendance should not be less than 75% of all scheduled meetings. If a Councilmember is unable to attend, they should notify their alternate as far in advance of the meeting as possible so as to allow the alternate to attend. To ensure continuity of the City’s representation, the alternate should receive all correspondence from the regional bodies that is sent to the primary representative. Appointments to regional bodies shall terminate as soon as new appointments take effect. In the event that both the primary and the alternate cannot attend a meeting, the Mayor may designate a temporary alternate to maintain continuity.

5.3.1 For appointments made by outside bodies (for example, the Cities Association of the League of California Cities), the City Council must ratify the appointment of a Councilmember as part of a noticed agenda item at a regular meeting.

5.55.4 Responses to Public. It will be the responsibility of the City Manager to ensure a response is provided to public correspondence for informational requests addressed to the Council. Staff shall respond to all requests for services as appropriate, and the City Manager shall keep Council informed of the City response.

5.65.5 Reimbursement. City Councilmembers may be reimbursed for expenses for travel to and lodging at conferences or meetings related to their role as a Councilmember as stated in the Elected Officials’ Compensation Program, as may be amended from time to time (Exhibit A). Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting before the expenses are incurred. Any request for reimbursement of expenses shall be accompanied by an expense form and receipts to document the expenditure. These documents are public records subject to disclosure under the California Public Records Act. Councilmembers shall be eligible to receive City‐issued hardware and software for the conduct of official business pursuant to the Council Technology Policy (Exhibit B).

5.75.6 Council Training. Any member of the City Council and City 490
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commissions or advisory committees formed by the City Council shall receive ethics and anti‐harassment training required by state law. New members must receive the training within their first year of service and shall comply with ongoing training requirements imposed by state law and shall attend training on the Brown Act and Rosenberg’s Rules of Order. Members shall attend training sessions that are offered locally in the immediate vicinity of Santa Clara County, by completing online a state‐approved public service ethics education program, or through a state‐approved training which may be provided at a conference attended by the member. The City Clerk shall keep ethics training records for five years.

5.85.7 Mayor’s Initiative Budget. The Mayor may use the Mayor’s initiative budget established as part of the City Manager’s discretionary fund for projects that the Mayor deems appropriate during the Mayor’s term of office, subject to the requirements of Resolution No. 07‐103 (Exhibit C). The amount of the Mayor’s initiative budget is determined by the City Council.

6. Relationship with City Staff

6.1 Incorporation of Municipal Code by Reference. Cupertino Municipal Code Chapter 2.17 (Exhibit D) governs the City Council’s relationship with the City Manager and their staff under the Council‐Manager form of government. To the extent that the provisions of Chapter 2.17 are not set below, they are incorporated by reference into this Manual.

6.2 Council/Manager Form of Government. Under the Council/Manager form of government, the City Council sets policy direction as the direct representatives of the community. The City Manager provides professional expertise to manage the organization and carry out the Council’s direction. To enable the City Council to make informed decisions while weighing community input, the City Manager provides staff recommendations and presents options, along with their associated pros and cons. The City Manager is responsible for carrying out the Council’s policy direction through the day‐to‐day management of City functions, including the oversight of City operating departments. Neither individual Councilmembers nor the Council as a whole shall interfere with the City Manager’s performance of the administrative duties conferred upon them in Cupertino Municipal Code section 2.28.040.

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deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any Councilmember shall give orders to any subordinates of the City Manager. The City Manager shall take instructions from the City Council only when given at a duly held meeting of the City Council, and no individual Councilmember shall give any instructions to the City Manager. In the event that any suggestion or comment from an individual Councilmember might be perceived as an instruction by the City Manager or any staff, the City Manager and/or staff should assume positive intent and treat it as a suggestion or comment.

6.4 Individual Councilmember Influence on Staff Decisions Prohibited.

Individual Councilmembers shall not attempt to influence staff decisions,recommendations, workloads, and schedules, and department priorities without prior knowledge and approval of the City Council. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedules and priorities of staff, that member must prevail upon the City Council to do so as a matter of Council policy.

6.5 Decorum. All Councilmembers and City staff shall treat each other with dignity, courtesy, and respect. In exercising the City Council’s policymaking authority, Councilmembers must often critique, modify, or reject a staff recommendation.While thorough vetting and criticism of staff policy recommendations or decisions is a necessary component of Council’s policymaking role, criticism should focus on the policy recommendations and decisions and should avoid personal attacks.

Councilmembers shall refrain from publicly criticizing the general abilities, character, or motivations of any staff member and should share any such concerns privately with the City Manager or City Attorney.

6.6 Councilmember Access to Information. City Councilmembers have free access to the flow of any information related to the operation of the City.

The City Manager shall ensure that such information is communicated by staff in full and with candor to the Council. City staff will make every effort to respond in a timely and professional manner to all requests made by individual council members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council, based on the guidelines set forth in 492
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Cupertino Municipal Code section 2.17.043. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from that Councilmember as to why the information is needed. A Councilmember may file a request forinformation by seeking information through a Public Records Act request to the same extent as any member of the public.

6.7 Authority of City Council. Nothing in this Manual shall limit the City Council’s power to accept, reject, amend, or otherwise guide and direct staff actions, decisions, recommendations, workloads and schedules, department priorities, and the conduct of city business through the office of the City Manager. This power cannot be delegated to individual Councilmembers, nor to committees composed of Councilmembers consisting of less than a quorum of the City Council.

7. Agendas and Staff Reports

7.1 Future Agenda Items. The City Manager, the City Attorney, the Mayor, or any two Councilmembers may request that an item be added to a future agenda for Council action. The City Manager shall provide a quarterly report to Council regarding the status of future agenda items, which may include a request to remove items from the list of future agenda items. At the requestor’s discretion, the agenda request may also include additional information explaining the rationale for or timing of the agenda item. Under the “Future Agenda Items” section of each regular Council meeting agenda, the City Manager shall include a document listing all current future agenda requests.

7.1.1 Tentative Council Meeting Agenda Calendar. The
Tentative Council Meeting Agenda Calendar shall list items pending to come before Council within the next 12 months and shall be included in each Council Meeting’s agenda
packet under the “Future Agenda Items” item. The Tentative Council Meeting Agenda Calendar should include agenda
item‐level detail for the next 3 months with dates, agenda category (consent, discussion item, public hearing), and assigned department head(s).

7.2 Preparation of Agenda. The City Clerk shall prepare the agenda in consultation with the City Manager, the Mayor, and the City Attorney.

Absent exigent circumstances, an item will be scheduled for Council action no sooner than 14 days after receipt of a request to add the item 493
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to the future agenda items list. Any item requiring preparation of a staff report requires City Manager approval or, in case of a report prepared by City Attorney’s Office staff, City Attorney approval, before being added to an agenda. The Mayor, in consultation with the City Manager and the City Clerk, shall determine the order of items on the agenda.

7.3 Agenda Item Descriptions. Each agenda item shall include a brief general description of the matter to be discussed (approximately 20 words in length), including any action that may be taken under the California Environmental Quality Act, and should generally include the recommendation of the City Manager. If the agenda item includes any budget request or modification, the amount of the request or modification should be stated when possible. The brief description of the agenda item should be comprehensible by a typical resident. For example, an amendment to the Municipal Code should include a description of the amendment, rather than only the Code section to be amended; similarly, an item related to a development project should include not only the street address, but the common name of the project when applicable. Where practicable, the second reading of an ordinance should have the same agenda title as the first reading.

7.4 Staff Reports. Staff reports should include the following sections:

1. Subject

2. Recommended Action

3. Executive Summary (optional)

2. Background

3. Reasons for Recommendation and Available Options

4. Sustainability Impact

5. Fiscal Impact

6. City Work Program Item

7. City Work Program Item Description

8. Council Goal

9. California Environmental Quality Act
The “Background” section should include the date, at least the month and the year, previous meetings were held and decisions were made on the item. Where applicable, maps and charts should be provided in the staff report for easy reference.

7.5 Agenda Publication. Agenda packets for a regular meeting should be 494
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published and delivered to Councilmembers no later than the Wednesday prior to a Tuesday Council meeting. Councilmembers are encouraged to contact staff in advance for answers to questions regarding an agenda packet. Written communications addressed to Council shall be forwarded to Council and made available to members of the public, consistent with the requirements of the Brown Act.

7.6 Supplemental Materials. Supplemental reports and materials received by the City Clerk after the agenda is published but before 12:00 p.m. on the Monday prior to the City Council meeting shall be published and delivered to Councilmembers at 5:00 p.m. on Monday. Supplemental reports and materials received by the City Clerk after 12:00 p.m. on Monday but before 4:00 p.m. on the day of the meeting shall be published and delivered to Councilmembers prior to the Council meeting. Council questions and staff‐prepared responses will be included in supplemental materials provided to Council and the public.

7.7 Written Communication. All written communications on an agenda item sent after the meeting agenda is posted shall be included with the Council agenda materials and made available to the public. Any written communications on items not on the agenda sent from any member of the public or any Councilmember shall be included with the Council agenda materials and made available to the public if the sender requests that the communication be so included. Written communication received before 4:00 p.m. on the day of a regular City Council meeting will be posted by 5:00 p.m. Written communication received after 4:00 p.m. on the day of the regular City Council meeting will be posted on the business day following the meeting.

8. Meeting Procedures

8.1 Meeting Schedule. The City Council conducts its regular meetings on the first and third Tuesdays of the month, except when Council is in recess. ThePrior to the second regular meeting in January, the City Council will approve the schedule of meetings for the calendar year, which in addition to the regular meeting schedule may include the cancellation of regular meetings and the addition of special meetings and study sessions. This practice does not, however, preclude the Mayor or a majority of the members of the City Council from calling additional meetings pursuant to the Brown Act. The City Council may by resolution reschedule regular meetings that occur the day after a Monday holiday onto Wednesday of the holiday week. When a regular City Council meeting is rescheduled to a Wednesday, the agenda shall 495
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be published the prior Wednesday; the. The meeting shall startbegin at 6:45 p.m. and follow the adopted Order of Business for regular City Council meetings.

8.2 Rules of Order. City Council meetings shall be governed byRosenberg’s Rules of Order except as otherwise provided by this Manual. Unless otherwise required by state law or City ordinance, decisions of the Council shall be made by a majority of members present and voting.

The Mayor may impose additional reasonable procedural rules not inconsistent with Rosenberg’s Rules of Order and the provisions of this Manual, unless objected to by a majority of Councilmembers present.

8.3 Order of Business. The order of agenda items for regular Council meetings is as follows:

1. Call to Order

2. Pledge of Allegiance

3. Roll Call

4. Closed Session Report

5. Ceremonial Items

6. Postponements and Orders of the Day

7. Oral Communications (public comment on non‐agenda matters)

8. Consent Calendar

9. Public Hearings

10. Action Calendar

11. Items Removed from the Consent Calendar

12. City Manager Report

13. Oral Communications (continued)

14. Councilmember Reports

15. Informational Memoranda

15.16. Future Agenda Items

16.17. Adjournment
Oral communications shall be limited to 30 minutes. Additional speakers wishing to comment on non‐agenda items may be given time to speak at the end of the agenda, after the City Manager’s report.

Councilmember Reports should focus oninclude Council committee assignments and ceremonial appearances and may include other information relevant to matters withinserving the jurisdictionconstituents of the City Council. Councilmember memoranda, Information memoranda, as described in Section 11, include additional documents requested by Councilmembers for 496
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past or future agenda items. In the absence of an objection made by a majority of Councilmembers present and voting, the Mayor may modify the order of business to facilitate the fair and efficient conduct of Council meetings. The Mayor shall determine the Order of Business of a special City Council meeting, subject to overruling by any objections sustained by a majority of vote of the City Council.

8.4 Consent Calendar.

8.4.1 Adding Item to Consent Calendar. The Mayor, the City Manager, the City Attorney, or the City Clerk may recommend that items appearing on the agenda be placed on the consent calendar for action by the City Council. All items placed on the consent calendar shall appear together on the agenda with the recommendation as to the action to be taken by the City Council with respect to such item. Upon the motion of any member of the City Council, all items placed upon the consent calendar may be acted upon together, and each shall be deemed to have received the action recommended.

8.4.2 Removing Item from Consent Calendar.Items may be removed from the consent calendar only by a member of the City
Council. Any member of the City Council who would likeTo facilitate an efficient meeting, advance notice to remove any item from the consent calendar shall notify the City Manager and the City Clerk no later than by 12:00 p.m. on the day of the City Council meeting. A request to remove a consent calendar item shall be made in writing and shall state the reason for removing the item from the consent calendar. Items may be removed from the consent calendar after 12:00 p.m. on the day of the City Council meeting only by a majority vote of the Council.or earlier is appreciated. Items removed from the consent calendar shall be placed on the agenda for
consideration after the action calendar.

8.4.3 Questions and Comments regarding Items on the Consent Calendar.

Councilmembers shall be given the opportunity to ask clarifying questions about, or make a brief comment about, an item on the consent calendar without being required to remove the item from the consent calendar.

8.5 Public Comment. An opportunity for public comment shall be provided 497
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for the consent calendar, each other agenda item under consideration, and, during regular meetings, on any matter that is within the subject matter jurisdiction of the City Council. The Mayor may consolidate public comment for related agenda items, subject to overruling by a majority vote of the Council. Non‐ agenda matters (including Council and staff reports) may be addressed by the public during oral communications. Members of the public wishing to speak regarding an item shall submit a request to comment to the Clerk (ʺblue cardʺ) or, where applicable, raise their hand in Zoom within nine minutes of the time the Mayor opens public comment or prior to the close of public comment on the item, whichever is earlier. Each individual speaker will ordinarily have up to three minutes to address the Council. If a speaker representing two or moreup to five members of the public in attendance and wishing to comment on the item but electing not to speak, the speaker may have up to the combined time of two minutes per group member to speak, up to a total of 10 minutes, to address the Council.

Consolidation of time among speakers is not otherwise allowed. If a large number of speakers wish to address Council on an item, the Mayor may reduce the time allotted to each speaker consistent with the Brown Act.

Twice the speaking time will be provided to any member of the public who uses a translator.

8.6 Communications with Members of the Public. The City Council may ask questions of speakers providing public comment but should avoid an extended discussion with members of the public during meetings.

Additionally, when a member of the public provides comments regarding a matter that is not on the agenda, Councilmembers may (1) refer the speaker to staff; (2) refer the speaker to appropriate reference material; (3) request that staff report back at a future meeting; or (4) request that staff place the item on a future agenda.

Councilmembers should not otherwise respond to or comment on an item of business that is not on the agenda. City staff should generally avoid responding to comments or questions from members of the public during Council meetings, although the City Manager or City Attorney may offer to arrange a time to discuss the subject matter of public comments with members of the public subsequent to the Council meeting.

8.7 Conduct of Meetings

8.7.1 Councilmembers. Members of the City Council value and 498
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recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers shall accord courtesy to each other, to City employees, and to members of the public appearing before the City Council. During public meetings, Councilmembers shall not text or otherwise communicate privately with any Public Official, as defined in the City’s Code of Ethics for Conduct for Elected and Appointed Officials, or with members of the public regarding matters relevant to items on the agenda while on the dais.

8.7.2 City Employees. City staff shall observe the same rules of decorum applicable to the City Council. City staff shall act at all times in a businesslike and professional manner towards Councilmembers and members of the public.

Nothing in this Manual or any rules of conduct that may be adopted by the City Council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council, City advisory bodies, or City staff.

8.8 Discussion and Deliberation

8.8.1 Ex Parte Contacts. Councilmembers shall disclose any ex parte communications prior to deliberation on a quasi‐judicial matter.

A quasi‐ judicial matter is typically a hearing in which the City Council hears evidence and makes findings of fact to reach a conclusion based on the applicable law. An ex parte
communication occurs when a Councilmember hearing a quasi‐ judicial matter communicates directly or indirectly with any person or party in connection with a matter before the Council, without notice and the opportunity for all parties to participate.

8.8.2 Relevance. All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending matter; discussion which 499
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departs from the item agendized for discussion is out of order.

Councilmembers should avoid repetition and shall not discuss matters that are not on the agenda. Arguments for or against a measure should be stated as concisely as possible.

8.8.3 Council Questions and Deliberations. Councilmembers may obtain the floor by seeking recognition from the Mayor. Following presentations to Council on an agenda item, Councilmembers shall each be given five minutes to ask questions of any presenter. The Mayor may allow additional time for questions where appropriate. Following public comment, the Mayor may request that a motion be made and seconded. After the motion has been stated to the Council and seconded, any member of the Council has a right to discuss the motion after obtaining the floor. A member who has been recognized shall limit their time to five minutes. Councilmembers may yield any unused
speaking time during Councilmember questions or
deliberations to colleagues who have already used their allotted time. The Mayor may allow additional time for deliberations where appropriate to encourage meaningful discussion and exchange of ideas.

8.8.4 Opportunity for Equal Participation. It is the policy of the Council to encourage the full, fair participation of all members of the Council in discussions and deliberations. The Mayor may impose reasonable limits on the time any Councilmember is permitted to speak to advance this policy. In addition, all Councilmembers wishing to be recognized should be given an opportunity to speak before any member is allowed to speak a second time.

8.8.5 Civility. While it is appropriate to vigorously debate a motion, its nature, or its consequences, Councilmembers shall avoid attacks on the motives, character, or personality of other Councilmembers, City staff, and members of the public. The Mayor shall rule out of order any Councilmember who engages in such attacks.

8.8.6 Role of the Mayor. The Mayor has the responsibility for controlling and expediting the discussion of an agenda item. It is the duty of the Mayor to keep the subject clearly before the Councilmembers, to rule out irrelevant discussion, and to ensure 500
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civil discussion among Councilmembers.

8.9 Meeting Length. Meetings of the City Council shall adjourn by 11:00 p.m. unless the time of adjournment is extended by a vote of a majority of the City Council. Discussion of an agenda item shall not begin after 10:30 p.m. Any motion to extend the meeting beyond 11:00 p.m. shall include a list of specific agenda items to be discussed or approved and shall specify the order these items shall be considered. If a meeting continues past 11:00 p.m., it shall end at 11:30 p.m. All meetings shall be adjourned at 11:30 p.m. unless by a vote of a majority of the City Council suspends this rule and Council votes affirmatively to extend the meeting past 11:30 p.m. Following the adjournment of the meeting, any remaining items on the agenda shall be continued to the next regular meeting of the City Council.

8.10 Public Hearing Procedures. The order of proceeding where there is a public hearing item (non‐appeal items) before the City Council shall be as follows:

1. Open Public Hearing

2. Staff Report (preferably 10 minutes)

3. Applicant’s presentation (where applicable) (preferably 8 minutes)

4. Questions from the Council

5. Public comment

6. Applicant’s response to public comment (where applicable) (preferably 2 minutes)

7. Close Public Hearing

8. City Council discussion and vote
Where the public hearing involves an appeal of a decision to the City Council, the order of proceeding shall be as follows:

1. Open Public Hearing

2. Staff Report (preferably 10 minutes)

3. Appellant’s statement (preferably 8 minutes)

4. Applicant’s statement (where applicable) (preferably8 minutes)

5. Questions from the Council

6. Public comment

7. Applicant’s response to public comment (where applicable) (preferably 2 minutes)

8. Appellant’s response to public comment (preferably 2 minutes)

9. Close Public Hearing
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10. City Council discussion and vote

8.11 City Council Recess Period. The City Council recess period shall begin the first Tuesday in August at 12:00 a.m. and end the Tuesday following Labor Day at 12:00 a.m. During any recess period, the City Manager is authorized to take such ministerial actions for matters of operational urgency, including such emergency actions as are necessary for the immediate preservation of the public peace, health, or safety, as would normally be taken by the City Council during the period of recess, except for those duties specifically reserved to the Council by law. This authority extends throughout the period of recess established by the City Council and includes the authority to execute agreements and make expenditures necessary for the exigent operational matters. The City Manager shall make a full and complete report to the City Council at its first regularly scheduled meeting following the period of recess of actions taken by the City Manager pursuant to this section, at which time the City Council may make such findings as may be required to ratify the actions of the City Manager. Nothing in this Section prevents the City Council from calling a special meeting during the recess period.

9. Closed Sessions.

A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. The City Attorney will schedule closed session meetings in consultation with the Mayor and the City Manager. Public comment shall be received in open session prior to a closed session. To ensure strict compliance with the Brown Act, the City Attorney or the City Attorney’s designee shall report out in public session any reportable action taken during closed session and any other information from closed session authorized to be disclosed based on a majority vote of the City Council. Any documents referenced or presented during closed sessions shall be shared with Councilmembers upon request and shared in the same manner as other closed session materials, with appropriate protections for confidentiality.

10.Enforcement of Rules; Suspension of Rules.

Nothing in this Manual shall be cited to invalidate a properly noticed and acted upon action of the City Council. Any rule set forth in this Manual may be suspended by three votes of the Council. The City Council may enforce repeated or serious violations of the rules set forth in this Manual through a censure action placed on a Council agenda.
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10.11. InformationInformational Memoranda.

11.1 Staff InformationInformational Memoranda. Two Councilmembers may request an information memorandum be provided on any matter within the subject matter jurisdiction of the City Council. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from one or more requesting Councilmembers as to why the information is needed.

Councilmembers Information11.2 Councilmember Memoranda. Individual Councilmembers may prepare information memoranda for inclusion in their Councilmember Reports. Councilmember memoranda may address any matter within the subject matter jurisdiction of the City Council that the Councilmember wishes to share with their fellow Councilmembers and the public, thereby enhancing transparency and accountability in City operations; provided however, thatincluding written memoranda related to items the City Council will consider at an upcoming meeting. Such memoranda should convey the Council‐member’s own views and proposals pertaining to agendized items, thereby providing a robust and efficient method for sharing information. Councilmembers submitting such memoranda may not have conversations with any other Councilmember concerning any topic included in the memorandum. Councilmembers may, however, issue a written response to another Councilmember’s memoranda. Councilmember memoranda shall not include confidential or deliberative information or communications or information protected by law from disclosure.

The schedule for publishing and delivering such Councilmember Memoranda will follow the schedule for Supplemental reports and materials as set forth in Section 7.6 herein.
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City of Cupertino
City Council Procedures
Manual
Attachments:

Ex. A – Elected Officials’
Compensation Program
Ex. B – Council Technology Policy
Ex. C – Resolution No. 07-103
Ex. D – Municipal Code Chapter 2.17
Effective Date:

September 16, 2025
Responsible Departments:

City Manager’s Office
Related Policies & Notes:

See Exhibits A–D.

1. Introduction

1.3 Brown Act. All actions of the City Council and City commissions, committees, and subcommittees shall comply with the Ralph M. Brown Act.

2. Selection of the Mayor and Vice Mayor

2.1 Selection of Mayor and Vice Mayor. The Mayor and Vice Mayor shall be selected annually at a special meeting on the second Thursday of December.

2.2 Removal of Mayor and Vice Mayor. The Mayor or Vice Mayor may be 504
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removed from office, for cause, by a 4/5ths affirmative vote of the members. Removal for cause shall mean removal of a Councilmember because of such member’s (a) willful and continued failure substantially to perform their duties, (b) conviction for, or guilty plea to, a felony, or a crime involving moral turpitude, (c) abuse of illegal drugs or other controlled substances or habitual intoxication, or (d) other illegal activities. The removal should proceed with a formal warning, which states with proven evidence of the member’s failure to perform their duties and proposed corrective measures. The Mayor or Vice Mayor must be advised of the proposed cause for removal at least 72 hours before any action is taken. If the Mayoris removed from office, the Vice Mayor shall become Mayor. If either officer is removed from office, the Vice Mayor shall be appointed from among the remaining three Councilmembers.

3. Councilmember Committees and Subcommittees

It will be the responsibility of the committees and subcommittees to inform and submit recommendations to the Council.

4. Other City Commissions and Committees

4.1 Responsibility. The Council will make appointments to City’s commissions and committees. Qualifications to serve on commissions and committees shall be set forth in the Municipal Code or by a resolution or motion of the Council that is not inconsistent with the 505
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Municipal Code. Appointment of Councilmembers to City committees shall be governed by the procedures in Section 3.

4.3 Performance Expectations. The Council shall make certain that all commissions and committees are properly instructed on their responsibilities and performance expectations. This will include the issuance of a Councilapproved Commission and Committee Handbook and a mandatory annual training session for all Commission and Committee members.

Immediate family members residing in the same household as a Councilmember are not eligible for appointment to any commission or committee.

4.6 Undue Influence on Commissioners. Councilmembers should not attempt to influence or publicly criticize commission recommendations or to influence or lobby individual commission members on any item under their consideration. It is important for commissions to be able to make objective recommendations to the City Council on items before them. Councilmembers that attempt to influence commission positions on an item may prejudice or hinder their role in reviewing the 506
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commission’s recommendation as a member of the City Council.

7.1.1 herein.

5. Administrative Matters

5.1 Attendance. City Councilmembers acknowledge that attendance at lawful meetings of the City Council is part of their official duty.

Councilmembers shall make a good faith effort to attend all such meetings. Councilmembers shall notify the Mayor or the City Clerk if they will be absent from a meeting. Council attendance will be noted in the agenda of the next regular meeting and thereafter for that calendar year, if five or more regular meetings are missed.

5.2 Correspondence. Proposed correspondence from the Mayor or other Councilmembers on City stationery should generally be reviewed by the Council in draft form prior to release. On occasion, there are urgent requests from the League of California Cities for correspondence concerning legislation directly affecting municipalities. If the Mayor and the City Manager agree that the League’s position corresponds with that of the Council, the Mayor may send a letter without first obtaining Council approval. City letterhead will be made available for routine correspondence (e.g., thank you notes). Official correspondence (including email) from Councilmembers should be respectful and professional.

5.3 Regional Bodies. The Mayor shall appoint Councilmembers to represent the City of Cupertino on regional bodies subject to ratification by the Council at its next regular meeting. The Mayor should endeavor to provide all Councilmembers a fair opportunity to represent the City.

The positions taken by the appointed representatives should be in alignment with the positions that Council has taken on issues that directly impact the City of Cupertino. If an issue arises that is specific to Cupertino and Council has not taken a position, the issue should be discussed by Council prior to taking a formal position at a regional board meeting to assure that it is in alignment with Council’s position. Council 507
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representatives to such various boards shall keep the Council informed of ongoing business through brief oral or written reports to the Council.

5.4 Responses to Public. It will be the responsibility of the City Manager to ensure a response is provided to public correspondence for informational requests addressed to the Council. Staff shall respond to all requests for services as appropriate, and the City Manager shall keep Council informed of the City response.

5.5 Reimbursement. City Councilmembers may be reimbursed for expenses for travel to and lodging at conferences or meetings related to their role as a Councilmember as stated in the Elected Officials’ Compensation Program, as may be amended from time to time (Exhibit A). Any additional expenses that fall outside the scope of this policy may be reimbursed only if approved by the City Council, at a public meeting before the expenses are incurred. Any request for reimbursement of expenses shall be accompanied by an expense form and receipts to document the expenditure. These documents are public records subject to disclosure under the California Public Records Act. Councilmembers shall be eligible to receive City-issued hardware and software for the conduct of official business pursuant to the Council Technology Policy (Exhibit B).

5.6 Council Training. Any member of the City Council and City commissions or advisory committees formed by the City Council shall receive ethics and antiharassment training required by state law. New members must receive the training within their first year of service and 508
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shall comply with ongoing training requirements imposed by state law and shall attend training on the Brown Act and Rosenberg’s Rules of Order. Members shall attend training sessions that are offered locally in the immediate vicinity of Santa Clara County, by completing online a state-approved public service ethics education program, or through a state-approved training which may be provided at a conference attended by the member. The City Clerk shall keep ethics training records for five years.

5.7 Mayor’s Initiative Budget. The Mayor may use the Mayor’s initiative budget established as part of the City Manager’s discretionary fund for projects that the Mayor deems appropriate during the Mayor’s term of office, subject to the requirements of Resolution No. 07-103 (Exhibit C).

The amount of the Mayor’s initiative budget is determined by the City Council.

6. Relationship with City Staff

6.1 Incorporation of Municipal Code by Reference. Cupertino Municipal Code Chapter 2.17 (Exhibit D) governs the City Council’s relationship with the City Manager and their staff under the Council-Manager form of government. To the extent that the provisions of Chapter 2.17 are not set below, they are incorporated by reference into this Manual.

6.2 Council/Manager Form of Government. Under the Council/Manager form of government, the City Council sets policy direction as the direct representatives of the community. The City Manager provides professional expertise to manage the organization and carry out the Council’s direction. To enable the City Council to make informed decisions while weighing community input, the City Manager provides staff recommendations and presents options, along with their associated pros and cons. The City Manager is responsible for carrying out the Council’s policy direction through the day-to-day management of City functions, including the oversight of City operating departments. Neither individual Councilmembers nor the Council as a whole shall interfere with the City Manager’s performance of the administrative duties conferred upon them in Cupertino Municipal Code section 2.28.040.

6.3 Council-Manager Relations. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any Councilmember shall give orders to any subordinates of the City 509
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Manager. The City Manager shall take instructions from the City Council only when given at a duly held meeting of the City Council, and no individual Councilmember shall give any instructions to the City Manager. In the event that any suggestion or comment from an individual Councilmember might be perceived as an instruction by the City Manager or any staff, the City Manager and/or staff should assume positive intent and treat it as a suggestion or comment.

6.4 Individual Councilmember Influence on Staff Decisions Prohibited.

Individual Councilmembers shall not attempt to influence staff decisions, recommendations, workloads, and schedules, and department priorities without prior knowledge and approval of the City Council. If a Councilmember wishes to influence the actions, decisions, recommendations, workloads, work schedules and priorities of staff, that member must prevail upon the City Council to do so as a matter of Council policy.

6.6 Councilmember Access to Information. City Councilmembers have free access to the flow of any information related to the operation of the City.

The City Manager shall ensure that such information is communicated by staff in full and with candor to the Council. City staff will make every effort to respond in a timely and professional manner to all requests made by individual council members for information or assistance, provided that, in the judgment of the City Manager, the request is not of a magnitude either in terms of workload or policy, which would require that it more appropriately be assigned to staff through the collective direction of the City Council, based on the guidelines set forth in Cupertino Municipal Code section 2.17.043. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from that 510
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Councilmember as to why the information is needed. A Councilmember may file a request for information by seeking information through a Public Records Act request to the same extent as any member of the public.

7. Agendas and Staff Reports

7.1.1 Tentative Council Meeting Agenda Calendar. The Tentative Council Meeting Agenda Calendar shall list items pending to come before Council within the next 12 months and shall be included in each Council Meeting’s agenda packet under the “Future Agenda Items” item. The Tentative Council Meeting Agenda Calendar should include agenda item-level detail for the next 3 months with dates, agenda category (consent, discussion item, public hearing), and assigned department head(s).

7.2 Preparation of Agenda. The City Clerk shall prepare the agenda in consultation with the City Manager, the Mayor, and the City Attorney.

Absent exigent circumstances, an item will be scheduled for Council action no sooner than 14 days after receipt of a request to add the item to the future agenda items list. Any item requiring preparation of a staff report requires City Manager approval or, in case of a report prepared by City Attorney’s Office staff, City Attorney approval, before being added to an agenda. The Mayor, in consultation with the City Manager and the City Clerk, shall determine the order of items on the agenda. 511
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7.4 Staff Reports. Staff reports should include the following sections:

1. Subject

2. Recommended Action

3. Executive Summary (optional)

4. Background

5. Reasons for Recommendation and Available Options

6. Sustainability Impact

7. Fiscal Impact

8. City Work Program Item

9. City Work Program Item Description

10. Council Goal

11. California Environmental Quality Act
The “Background” section should include the date, at least the month and the year, previous meetings were held and decisions were made on the item. Where applicable, maps and charts should be provided in the staff report for easy reference.

7.5 Agenda Publication. Agenda packets for a regular meeting should be published and delivered to Councilmembers no later than the Wednesday prior to a Tuesday Council meeting. Councilmembers are encouraged to contact staff in advance for answers to questions regarding an agenda packet. Written communications addressed to Council shall be forwarded to Council and made available to members of the public, consistent with the requirements of the Brown Act. 512
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7.6 Supplemental Materials. Supplemental reports and materials received by the City Clerk after the agenda is published but before 12:00 p.m. on the Monday prior to the City Council meeting shall be published and delivered to Councilmembers at 5:00 p.m. on Monday. Supplemental reports and materials received by the City Clerk after 12:00 p.m. on Monday but before 4:00 p.m. on the day of the meeting shall be published and delivered to Councilmembers prior to the Council meeting. Council questions and staff-prepared responses will be included in supplemental materials provided to Council and the public.

8. Meeting Procedures

8.1 Meeting Schedule. The City Council conducts its regular meetings on the first and third Tuesdays of the month, except when Council is in recess. Prior to the second regular meeting in January, the City Council will approve the schedule of meetings for the calendar year, which in addition to the regular meeting schedule may include the cancellation of regular meetings and the addition of special meetings and study sessions. This practice does not, however, preclude the Mayor or a majority of the members of the City Council from calling additional meetings pursuant to the Brown Act. The City Council may by resolution reschedule regular meetings that occur the day after a Monday holiday to Wednesday of the holiday week. When a regular City Council meeting is rescheduled to a Wednesday, the agenda shall be published the prior Wednesday. The meeting shall begin at 6:45 p.m. and follow the adopted Order of Business for regular City Council meetings.

8.2 Rules of Order. City Council meetings shall be governed byRosenberg’s Rules of Order except as otherwise provided by this Manual. Unless otherwise required by state law or City ordinance, decisions of the 513
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Council shall be made by a majority of members present and voting.

8.3 Order of Business. The order of agenda items for regular Council meetings is as follows:

1. Call to Order

2. Pledge of Allegiance

3. Roll Call

4. Closed Session Report

5. Ceremonial Items

6. Postponements and Orders of the Day

7. Oral Communications (public comment on non-agenda matters)

8. Consent Calendar

9. Public Hearings

10. Action Calendar

11. Items Removed from the Consent Calendar

12. City Manager Report

13. Oral Communications (continued)

14. Councilmember Reports

15. Informational Memoranda

16. Future Agenda Items

17. Adjournment
Oral communications shall be limited to 30 minutes. Additional speakers wishing to comment on non-agenda items may be given time to speak at the end of the agenda, after the City Manager’s report.

Councilmember Reports should include Council committee assignments and ceremonial appearances and may include other matters serving the constituents of the City. Councilmember memoranda, Information memoranda, as described in Section 11, include additional documents requested by Councilmembers for past or future agenda items. In the absence of an objection made by a majority of Councilmembers present and voting, the Mayor may modify the order of business to facilitate the fair and efficient conduct of Council meetings. The Mayor shall determine the Order of Business of a special City Council meeting, subject to overruling by any objections sustained by a majority of vote of the City Council.
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8.4 Consent Calendar.

8.4.2 Removing Item from Consent Calendar. Items may be removed from the consent calendar only by a member of the City Council. To facilitate an efficient meeting, advance notice to the City Manager and the City Clerk by 12:00 p.m. on the day of the City Council meeting or earlier is appreciated.

Items removed from the consent calendar shall be placed on the agenda for consideration after the action calendar.

8.4.3 Questions and Comments regarding Items on the Consent Calendar.

8.5 Public Comment. An opportunity for public comment shall be provided for the consent calendar, each other agenda item under consideration, and, during regular meetings, on any matter that is within the subject matter jurisdiction of the City Council. The Mayor may consolidate public comment for related agenda items, subject to overruling by a majority vote of the Council. Non agenda matters (including Council and staff reports) may be addressed by the public during oral communications. Members of the public wishing to speak regarding an item shall submit a request to comment to the Clerk ("blue card") or, where applicable, raise their hand in Zoom within nine minutes of the time the Mayor opens public comment or prior to the close of public comment on the item, whichever is earlier. Each individual speaker will ordinarily have up to three minutes to address the Council. If a speaker representing two or up to five members of the public in attendance and wishing to comment on the item but electing not to speak, the speaker may have the combined time of two minutes per member, up to 10 minutes, to address the Council.

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reduce the time allotted to each speaker consistent with the Brown Act.

Twice the speaking time will be provided to any member of the public who uses a translator.

8.7 Conduct of Meetings

8.7.1 Councilmembers. Members of the City Council value and recognize the importance of the trust invested in them by the public to accomplish the business of the City. Councilmembers shall accord courtesy to each other, to City employees, and to members of the public appearing before the City Council. During public meetings, Councilmembers shall not text or otherwise communicate privately with any Public Official, as defined in the City’s Code of Ethics for Conduct for Elected and Appointed Officials, or with members of the public regarding matters relevant to items on the agenda while on the dais.

8.7.3Members of the Public. Members of the public attending City Council meetings are encouraged to treat Councilmembers, City staff, and other members of the public with the same courtesy that Councilmembers and City staff must accord to them. Any members of the public who engages 516
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in conduct that disrupts a City Council meeting shall be removed from the meeting. Nothing in this Manual or any rules of conduct that may be adopted by the City Council shall be construed to prohibit public criticism of the policies, procedures, programs, or services of the City, or of the acts or omissions of the City Council, City advisory bodies, or City staff.

8.8 Discussion and Deliberation

8.8.1 Ex Parte Contacts. Councilmembers shall disclose any ex parte communications prior to deliberation on a quasi-judicial matter. A quasijudicial matter is typically a hearing in which the City Council hears evidence and makes findings of fact to reach a conclusion based on the applicable law. An ex parte communication occurs when a Councilmember hearing a quasi-judicial matter communicates directly or indirectly with any person or party in connection with a matter before the Council, without notice and the opportunity for all parties to participate.

8.8.2 Relevance. All discussion must be relevant to the issue before the City Council. A Councilmember is given the floor only for the purpose of discussing the pending matter; discussion which departs from the item agendized for discussion is out of order. Councilmembers should avoid repetition and shall not discuss matters that are not on the agenda.

Arguments for or against a measure should be stated as concisely as possible.

After the motion has been stated to the Council and seconded, any member of the Council has a right to discuss the motion after obtaining the floor. A member who has been recognized shall limit their time to five minutes. Councilmembers may yield any unused speaking time during Councilmember questions or deliberations to colleagues who have already used their allotted time. The Mayor may allow additional time for deliberations where appropriate to encourage meaningful discussion and exchange of ideas.
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8.10 Public Hearing Procedures. The order of proceeding where there is a public hearing item (non-appeal items) before the City Council shall be as follows:

1. Open Public Hearing

2. Staff Report (preferably 10 minutes)

3. Applicant’s presentation (where applicable) (preferably 8 minutes)

4. Questions from the Council

5. Public comment
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6. Applicant’s response to public comment (where applicable) (preferably 2 minutes)

7. Close Public Hearing

8. City Council discussion and vote
Where the public hearing involves an appeal of a decision to the City Council, the order of proceeding shall be as follows:

1. Open Public Hearing

2. Staff Report (preferably 10 minutes)

3. Appellant’s statement (preferably 8 minutes)

4. Applicant’s statement (where applicable) (preferably 8 minutes)

5. Questions from the Council

6. Public comment

7. Applicant’s response to public comment (where applicable) (preferably 2 minutes)

8. Appellant’s response to public comment (preferably 2 minutes)

9. Close Public Hearing

10. City Council discussion and vote

9. Closed Sessions
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purpose authorized by the Brown Act. The City Attorney will schedule closed session meetings in consultation with the Mayor and the City Manager. Public comment shall be received in open session prior to a closed session. To ensure strict compliance with the Brown Act, the City Attorney or the City Attorney’s designee shall report out in public session any reportable action taken during closed session and any other information from closed session authorized to be disclosed based on a majority vote of the City Council. Any documents referenced or presented during closed sessions shall be shared with Councilmembers upon request and shared in the same manner as other closed session materials, with appropriate protections for confidentiality.

10. Enforcement of Rules; Suspension of Rules.

11. Informational Memoranda.

11.1 Staff Informational Memoranda. Two Councilmembers may request an information memorandum be provided on any matter within the subject matter jurisdiction of the City Council. The City Manager shall place requests that impose a significant workload on staff on the Council agenda for review by the full Council, along with a statement from one or more requesting Councilmembers as to why the information is needed.

11.2 Councilmember Memoranda. Individual Councilmembers may prepare memoranda for inclusion in their Councilmember Reports. Councilmember memoranda may address any matter within the subject matter jurisdiction of the City Council that the Councilmember wishes to share with their fellow Councilmembers and the public, including written memoranda related to items the City Council will consider at an upcoming meeting. Such memoranda should convey the Council-member’s own views and proposals pertaining to agendized items, thereby providing a robust and efficient method for sharing information. Councilmembers submitting such memoranda may not have conversations with any other Councilmember concerning any topic included in the memorandum.

Councilmembers may, however, issue a written response to another Councilmember’s memoranda. Councilmember memoranda shall not 520
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include confidential or deliberative information or communications or information protected by law from disclosure.

The schedule for publishing and delivering such Councilmember Memoranda will follow the schedule for Supplemental reports and materials as set forth in Section 7.6 herein.
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CITY OF CUPERTINO
Agenda Item
25-14276 Agenda Date: 9/16/2025
Agenda #: 22.

Subject: Options on Commission Oversight of Transportation Matters (Continued from September 3, 2025). Note: Public comment will be reopened for individuals who did not provide comment on September 3.

Provide input to staff on the preferred options for having transportation projects reviewed by commissions and provide direction to staff to take the necessary steps to implement the changes.

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CITY COUNCIL STAFF REPORT
Meeting: September 3, 2025
Subject
Options on Commission Oversight of Transportation Matters Recommended Action
Provide input to staff on the preferred options for having transportation projects reviewed by commissions and provide direction to staff to take the necessary steps to implement the changes.

Background
The City of Cupertino currently relies on the Bicycle Pedestrian Commission (BPC), composed of five appointed commissioners, to review and provide input on transportation-related matters. Historically, the BPC has played an advisory role in reviewing both transportation policy documents and specific project construction plans.

Their focus has primarily been on bicycle and pedestrian infrastructure, but their input has also extended to broader transportation issues. This has further been supported by the Cupertino Municipal Code (CMC) which states that the BPC shall “…review, monitor and suggest recommendations for City transportation matters including, but not limited to, bicycle and pedestrian traffic, parking, education and recreation within Cupertino.” Transportation related projects do not impact land uses and have therefore not been historically presented to the Planning Commission, except as part of the Capital Improvement Program when requesting consideration for General Plan Conformance.

Recently, the City Council has expressed interest in involving the Planning Commission in the review of certain transportation-related matters, particularly those with wider impacts on city infrastructure, such projects that result in the loss of vehicle lanes. This interest has prompted a need to re-evaluate the current structure of commission review of transportation projects. Each approach listed below will require CMC modifications, and staff will return with revised ordinances as appropriate for Council consideration for adoption after receiving direction from City Council on its preferred option.

Reasons for Recommendation and Available Options
In response to Council’s interest and direction, staff has identified four potential options for allocating the review process of transportation-related matters. Each option reflects a 523
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different approach to commission roles, and each has implications for staff time, project design processes, and community engagement.

It is recommended that each transportation-related item be assigned to no more than a single commission for review and recommendation. Involving multiple commissions in reviewing the same item will create additional demands on staff resources, potentially requiring additional staffing. It may also lead to confusion or conflict if the commissions offer differing recommendations and could result in commissioners feeling disenfranchised if their input is ultimately disregarded by City Council.

Clear criteria to differentiate which commission will review which project types is necessary. It will also be necessary to assign the City Manager the authority to determine which commission will be presented with a given topic when it is unclear which commission would be the most appropriate.

Option 1 - Split responsibilities between Planning Commission and BPC • Planning Commission reviews: Broader transportation related planning documents.

These documents would include Vision and Master plans that provide long-term goals and establish defined project lists (ie. Stevens Creek Corridor Vision Study, Active Transportation Plan, etc.)
• BPC reviews: Transportation project conceptual and construction plans, and policy documents that directly relate to bicycle, pedestrian or other non-vehicular modes of transportation that have little to no impact on vehicular traffic.

Pros: Retains BPC's expertise and continuity on transportation construction projects and bicycle and pedestrian related policy documents.

Planning Commission engagement on long-term planning documents provides a broader planning lens.

Cons: May result in some overlap or confusion regarding boundaries of commission responsibilities as the line between Vision Studies and conceptual plans can blur.

Meeting the heightened internal preparation needs would require a measured increase in staffing resources.

Option 2 - Expanded role for Planning Commission with focus on major infrastructure changes
• Planning Commission reviews: Broader planning related documents, as well as preliminary conceptual plans and design plans for projects that propose to eliminate vehicle lanes or reconfigure intersections in a way that may have an impact on 524
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vehicular travel. The Planning Commission, being a quasi-approval authority, would provide approval for projects and plans that do not require City Council approval. • BPC reviews: Remaining design plans focused on multimodal elements (bicycle, pedestrian, transit) with little to no potential impact on vehicular travel.

Pros: Planning Commission input on potentially impactful projects supports broader citywide goals.

BPC continues role in multimodal-focused project reviews.

Cons: BPC may lose ability to advise on projects that affect bicycles and pedestrians if the project also has the potential to impact vehicular modes of transportation.

Meeting the heightened internal preparation needs would require a measured increase in staffing resources.

Option 3 - Continue with BPC oversight, rename to “Transportation and Mobility Commission”
• All transportation matters continue under current BPC purview, including projects relating primarily to vehicular travel even if not focused on bicycle or pedestrian travel.
• Rename commission to reflect broader transportation role and improve public understanding.

Pros: Maintains current structure with minimal disruption.

Clarifies commission’s scope and responsibilities.

Would not create a significant increase in staffing resources or costs.

Cons: May not address Council’s interest in broader Planning Commission engagement.

Option 4 - Transition all transportation matters to Planning Commission • Planning Commission becomes “Planning and Transportation Commission.” • BPC is disbanded, and all transportation-related matters are consolidated under a single commission.

Pros: Centralizes decision-making for land use and transportation.

Potentially improves coordination between planning and mobility efforts. 525
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Cons: Loss of specialized bicycle and pedestrian advisory body, with corresponding potential impact to active transportation grant eligibility.

Risk of reducing focus on multimodal transportation issues.

Meeting the heightened internal preparation needs would require a measured increase in staffing resources.

Next Steps
Once the City Council provides direction, staff will take the necessary steps to implement the changes, including preparation of any necessary policy changes and/or ordinances for modification of the Cupertino Municipal Code. Staff will return to City Council with these final documents for approval.

Sustainability Impact
No sustainability impact.

Fiscal Impact
Each option is expected to have small to moderate impacts on staffing resources.

However, changes in commission structure and review processes could influence the scope and timing of project design and consultant contracts. These impacts are estimated to range from $5,000 to $30,000 per transportation related project, depending on the size and complexity of future projects. Full cost implications will be better understood as specific projects are implemented under the new framework.

City Work Program (CWP) Item/Description
None
Council Goal:

N/A
California Environmental Quality Act
No California Environmental Quality Act impact.
_____________________________________
Prepared by: David Stillman, Transportation Manager
Reviewed by: Chad Mosley, Director of Public Works

Approved for Submission by: Tina Kapoor, Interim City Manager Attachments:

N/A
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CITY OF CUPERTINO
Agenda Item
25-14206 Agenda Date: 9/16/2025
Agenda #: 23.

Subject: City Manager Report
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Wednesday, September 10, 2025
A Message from the City Manager
Hello Neighbors,
As autumn settles in, Cupertino enters into a season of reflection and community. We take a moment to honor the recently passed former Mayor Hung Wei and her lasting contributions to our community. This summer, we also celebrated service awards for our employees and bolstered the City’s disaster preparedness through completion of CERT trainings by councilmembers, commissioners, and staff. Council meetings resumed last week, and we are moving forward on priorities including infrastructure upgrades, transportation safety, and community programs.

This year marks Cupertino’s 70th anniversary of incorporation. The Cupertino Community Service Awards in October will celebrate the individuals whose dedication strengthens our city. I encourage you to participate and join us at upcoming celebrations such as the “My Cupertino” Art Showcase and Restaurant Week. These events highlight the history, spirit, and creativity that define our community and bring us together in meaningful ways.

Thank you for staying connected and engaged.

Warm Regards,
Tina Kapoor
Interim City Manager
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Updates and Announcements
CERT Academy in Cupertino
The time is now! Sign up for Santa Clara County Fire
Department’s CERT Academy this October in Cupertino
to get trained in disaster preparedness skills, including basic medical operations, fire suppression, search and
rescue, and more.

Classes run on Tuesdays in-person and Thursdays online
October 7 to 23 from 6 to 9 p.m. with graduation on
Saturday, October 25 at the Monta Vista Recreation
Center.

The course fee is $35, which covers personal protective equipment. Participants must attend all sessions to earn a certificate. Learn more and register at Eventbrite.

Your Art. Your Cupertino.

The City of Cupertino is celebrating the 70th anniversary of its incorporation as Santa Clara County’s 13th city. To mark the occasion, community members of all ages are
invited to showcase their creativity in the “My Cupertino” Art Wall, which will be displayed at the second annual
Cupertino Community Service Awards on Wednesday,
October 29, at the Quinlan Community Center.

Artists are encouraged to share what Cupertino means to them—whether it’s a favorite place, community tradition, local nature, or the City’s spirit of innovation and diversity.

Apply online at cupertino.gov/crest and drop off your
artwork at Cupertino City Hall, 10300 Torre Ave, Cupertino, CA 95014. The deadline is Friday, October 3.
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The SCENE Fall Edition is Here!
The first-ever issue of Cupertino Scene to be fully designed in-house by staff is out now! This edition highlights
Cupertino’s 70 years of history, resources for Emergency Preparedness Month, and an overview of the Fiscal Years 2025-26 budget.

Enjoy the full issue at cupertino.gov/scene. Limited print copies are available at City Hall and other facilities.

Celebrate 70 Years of Cupertino:

Restaurant Week Sign-Ups Are Open!
In celebration of Cupertino’s 70th anniversary, the City is excited to launch its first-ever Restaurant Week, taking placefrom October 6 through October 12. During this
event, participating restaurants will offer exclusive
promotions and specials to highlight the vibrant culinary scene in Cupertino. Encourage your favorite restaurant to sign up and showcase their best dishes as part of this
exciting celebration.

Restaurant sign-ups close on Friday, September 12. For
more information, visitcupertino.gov/taste70.
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Silicon Valley Bicycle Coalition Names
Lawson Bikeway “Project of the Year”
The Silicon Valley Bicycle Coalition recently named the new Lawson Bikeway its Project of the Year at the 15th
Annual Silicon Valley Bike Summit. This prestigious
recognition reflects years of thoughtful planning,
community engagement, and strong collaboration
between the Bicycle Pedestrian Commission, Walk-Bike
Cupertino, Cupertino Union School District, Lawson Middle School staff, Lawson Parent Teacher Organization, and
other local organizations. To help educate the
community and promote safety, City staff produced an
informational video titled Lawson Middle School Bikeway, available on YouTube. Widely viewed and well-received,
the video played a key role in the project, earning this top honor: Lawson Middle School Bikeway - YouTube.

FY 2025-26 Budget Published
The City of Cupertino has adopted its Fiscal Year 2025 - 26 budget, marking a significant milestone achieved
through careful planning, fiscal discipline, and strong community collaboration. The City’s fiscal priorities are guided by the recently adopted Council Goals and
Strategic Vision. Key accomplishments over the past year include the opening of an all-inclusive playground,
enhancements to public safety, and the certification of the Housing Element. Looking ahead, the City is focused on restoring essential services, protecting infrastructure, and investing in long-term community resilience and
growth. For more information, visit
cupertino.gov/budgetreport.
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Sell and Shop Used Items at the
Citywide Garage Sale
Over 200 residents across the City host garage sales every year at their homes to earn money and help reduce
waste to landfill. It's FREE to participate as a seller or a buyer!
Sign up by Friday, September 12 to get your garage sale on our online map and paper list. Listings can be edited until September 20.

We advertise the sale. You sell your items. You keep the profit! Register at cupertino.gov/garagesale.
2025 Artist Awards
Every year, the Cupertino Arts and Culture Commission
chooses a Distinguished Artist, Emerging Artist, and Young Artist to recognize. These awards are presented to
deserving artists in recognition of local talent in visual, verbal, and performing arts while preserving and
advancing the arts for the benefit of the citizens of
Cupertino.

Winners receive public recognition and a cash reward.

Apply at cupertino.gov/artawards.
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September - Pedestrian Safety Month
With schools back in session and more people walking,
biking, and scootering, it’s important to remember we all share the road.

Pedestrian tips:

Wear bright clothes or carry a flashlight at night.

Stay off your phone and stay alert.

Use crosswalks, follow signals, and make eye contact
with drivers before crossing.

Driver tips:

Watch for pedestrians, especially at night or in bad
weather.

Obey speed limits and avoid distractions.

Yield to pedestrians at crosswalks and intersections.

Let’s keep Cupertino’s streets safe for everyone! For more about Pedestrian Safety Month, visit
gosafelyca.org/share-the-road.

Stevens Creek Blvd Class IV Bike Lane
Phase 2A Project
Construction begins on Phase 2A of the Stevens Creek
Boulevard Bike Lane Project!Work starts
onMonday, September 15,and is expected to wrap up by
the end of the year. Expect some traffic delays in the
area during construction.

This project will upgrade the stretch of Stevens Creek
Boulevard between Wolfe Road and De Anza Boulevard,
turning the current buffered bike lanes into protected
bike lanes with concrete barriers separating bikes from cars. New bike signals will also be added at the Wolfe
Road and De Anza Boulevard intersection. The
eastbound bus stop near De Anza Boulevard will also get a makeover with a boarding island and dedicated bike
lane space.

For questions, contact Jason Wongat (408) 777-3215 or
[email protected].
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Upcoming Events
Cupertino Bike Fest
Join us on Saturday, September 27 from 9 a.m. to 1 p.m. for Cupertino’s annual Fall Bike Fest to celebrate all things bike! There will be bike repair and education, and tons of fun activities including bike and helmet checks, bike
decorating, bike blender smoothies, bike-themed art, and a “Safe Moves City” mini bicycle safety course for kids.

Learn more at cupertino.gov/bikefest.

Silicon Valley Fall Festival
The Silicon Valley Fall Festival will take place on Saturday, September 13 from 10 a.m. to 7 p.m. at Memorial Park.

This year’s event will feature youth activities including a Robotics Competition and numerous Scout booths. The
City will also host more than 10 booths as part of the
Health and Safety Fair. For more details, visit the event organizer's page at sv-ff.com.
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Cupertino Cybersecurity Public
Awareness Event
The City will host a cybersecurity panel on Thursday,
October 9 from 6 to 8 p.m., where experts will share
information and strategies to help community members
stay safe online. The event features an Q&A session, and due to the importance of this topic, the presentation will be recorded and posted on the City’s website. Learn
more and register at cupertino.gov/cybersecurityevent.

Community Highlights
Mayor’s Monthly Chat
Mayor Chao hosted her Monthly Chat at Rancho
Rinconada on Monday, September 8. These informal
gatherings provide residents with an opportunity to share local concerns, ask questions, and receive updates on
City planning and governance. Stay tuned for future
Monthly Chats with the Mayor at
cupertino.gov/mayorchat.
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The Big Apple Launch Event
On Tuesday, Mayor Chao and I were invited by Apple to
attend their launch event at Apple Park here in
Cupertino. The event showcased the latest innovations,
including the highly anticipated iPhone 17 lineup and
new Apple Watch models. Impressively, over 27.3 million people tuned in to the event, highlighting its global
interest. It was inspiring to see firsthand how Cupertino remains at the forefront of technology and innovation,
and we are excited to continue fostering this spirit of innovation.

Community Coffee with
Assemblymember Patrick Ahrens and
Mayor Liang Chao
Community members gathered for a morning coffee
event this past Saturday with Assemblymember Ahrens
and Mayor Liang Chao to discuss local and state
issues. The National Alliance on Mental Illness and the Cupertino Educational Endowment Foundation also
joined the event to provide valuable resources to
attendees. Thank you to everyone who participated in
this engaging community conversation.

Pooch Plunge
A big thank you to the more than 180 dogs and their loyal humans who joined Cupertino Parks and Recreation for
Pooch Plunge on Saturday, September 6, at Blackberry
Farm.

From belly flops to doggy paddles, our four-legged friends had a paws-itively great time cooling off and playing in the water. We’re so fur-tunate to have such a pawsome
community here in Cupertino!
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Cupertino Seniors Cheer on the 49ers
The Cupertino Senior Center had a fantastic outing to
Levi’s Stadium on Sunday, August 23 to cheer on the San Francisco 49ers in their pre-season matchup against the Los Angeles Chargers. From enjoying great food to
exploring the team store and soaking in the energy of the game, members had a memorable experience.

Community Resources
City Manager Reports Posted Online
All City Manager Reports are posted with the Council agenda and can be found online at cupertino.gov/citycouncil.

Subscribe to Other City Newsletters
Want to learn more about what's happening in the City? Sign up to receive notifications for the City's other publications below at cupertino.gov/enotifications. 50+ Scene
Business Connect
Cupertino SCENE
Green News
Safe Routes to School Newsletter
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Sheriff’s Spotlight
Sign up for the new Santa Clara County Office of the
Sheriff monthly newsletter!
City of Cupertino, California
Website | (408) 777-3200
10300 Torre Avenue, Cupertino, CA 95014-3202
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CITY OF CUPERTINO
Agenda Item
24-13577 Agenda Date: 9/16/2025
Agenda #: 24.

Subject: Councilmember Reports
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CITY COUNCILMEMBER REPORT
Meeting: Tuesday, September 16, 2025
Reporting Councilmember: Mayor Liang Chao
Report Dates: 7/9/25 to 7/31/25
● Last Activity Report in the July 15, 2025 Council Meeting Agenda Section 1: Announcement - Message from the Mayor:
❖ Mayor’s Initiatives and other updates:
➢ Cupertino Stories: You are welcome to email entries to [email protected]. ■ Thank you to Cupertino Science Technology University (CSTU) for managing the project.

They have developed tools to convert audio/video stories to text. ■ The website will be redesigned soon to accept story submissions. ❖ Monthly Chat with Mayor Community Meetings: These meetings will be generally held on the second Monday at 5pm each month, but it might be moved to other Mondays if needed. The location will rotate so that we cover different businesses each month. ❖ Process to Request Certificate of Recognition or Commendation:
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➢ To ensure such requests are handled as smoothly and efficiently as possible, the City Manager’s Office has implemented a dedicated process.
➢ We kindly ask that you complete the following form, which will allow Mayor Chao to present a certificate of recognition: https://cupertino.gov/councilmeetingrequest ❖ Proclamations at Council meetings: This year, I plan to follow a tradition upheld by some former Cupertino mayors and other mayors in recognizing organizations or individuals with proclamations during Council meetings. My goal is to honor those who have made consistent and/or significant contributions to Cupertino, with an emphasis on those who are less well-known. If you have any suggestions, please feel free to email me at [email protected].

Proclamations for contributions will generally be presented at the second Council meeting of each month, while the first meeting will continue to recognize special observances (e.g., awareness months or weeks) as before. You are also welcome to submit suggestions for these recognitions.

Section 2: Committee Assignment
No activity to report
Section 3: Activities by Date (Date, Title, and Description):

NOTE:
● This list does not include internal meetings with staff only, such as prep sessions or meetings with the City Manager. ● This list includes activities to “represent the community I am elected to serve”, “to respond to community needs and complaints,” and “to communicate policies and programs to residents,” among other responsibilities of a City Councilmember.
● Due to my work schedule, I have cut down on the event attendance for ceremonial purposes, especially those I have attended almost every year in the past. Instead, I focus more of my time on constituent services. 2025-07-11 Meeting with Hanover Company on the project at 19300 Stevens Creek, across from Main Street
- They are considering a multifamily rental apartment
2025-07-14 Monthly Chat with Mayor at La Pizzeria
2025-07-16 Meeting with Commission Chairs at Quinlan Center - Since we already had the 3 bullet-point update from each commission in writing, we used the time to get feedback from the chairs about the agenda session process. 2025-07-18 Attended the YMCA member appreciation event
2025-07-20 Attended the Obon Festival and Bazaa at the Mountain View Buddhist Temple - This is a wonderful two-day event with food and performances. 2025-07-24 meeting with Small Builders Association on potential ADU acceleration programs - They mentioned an ADU Open House done in San Jose and the recent ADU acceleration program adopted in Campbell.
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2025-07-25 meeting with Harvest Properties with an update for their project at 20807-20883 Stevens Creek (Panera Bread)
- They are considering two options: One preserved the existing Panera Bread building and one would redevelop the entire site into townhomes.
2025-07-25 virtual meeting with Homestead FBLA students on their Community Engagement project 2025-07-26 Participated in the First Grand Parade by the Jain Center of Northern California in Milpitas.

Celebrating the Silver Jubilee
- The parade was very well attended by observers from the streets. - I stayed a bit to listen to the speeches of awardees who mentioned what Jainism means to them. 2025-07-26 attended the Know Your Roots Foundation volunteer appreciation and hand out awards to volunteers
2025-07-27 attended the Taiwanese and Chinese American Athletic Tournament (TCAAT), held at Fremont High School
- Joined the fast walking race and won a medal
2025-07-31 attended the Celebration of Democracies event, honoring US and India Independence Days, organized by Foundation for India and Indian Diaspora Studies ((FIIDS) - The organization does advocacy work at Washington D.C. for the Indian Americans in the U.S. on various issues
Section 4: Information of Interest to My Constituents: (updated on 4/8) ● Builders’ Remedy (BR) Projects (Status of Projects)
★ BR Projects with incomplete application status (pursuant to Government Code Section 65941.1.) ● 20739 Scofield (one block from Faria Elementary School, zoned R1-10): The project will replace one single-family home with 20-unit, 5 story, condominium on 15,004 sqft (0.34 acre) lot
● Vista Heights (near entrance of Linda Vista Park) : The vacant site, zoned RHS, will build 33 units (8 condominiums and 25 single family homes on vacant hillside property of 86.1 acres.
● Upland Way (11841 Upland Way, zoned RHS-70): 6 single family homes, including 2 affordable units, on vacant hillside property of 1.56 acres with average slopes greater than 30%
★ Other active BR projects:
○ Dividend Homes (20085 & 20111 Stevens Creek Blvd), to the east of the Fire Station, on

2.6 acres, zoned R4 and commercial mixed use. The project will replace two existing office buildings with 57 for-sale townhomes., including 12 affordable units. ○ Dividend Homes (20045 & 20065 Stevens Creek Blvd), to the east of the Fire Station, on

1.77 acres, zoned commercial mixed use. The project will replace existing office buildings with 32 for-sale townhomes., including 6 affordable units. ★ Relevant News on the determination of incompleteness for BR projects:
○ “Los Gatos Files Declaratory Relief Action to Resolve Land Use Uncertainty” (Press 3 542
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Release from the City of Los Gatos)
■ “That section [Gov. Code 65941.1] provides that applicants for land use approvals have 90 days after an initial 180-day deadline to submit any missing information needed to complete a formal application for a so-called “builder’s remedy” housing project. That section further stipulates that if the missing information is not submitted “within the 90-day period, then the preliminary application shall expire and have no further force or effect.”
■ “In an apparently conflicting reading, in letters dated August 30, 2024 and February 12, 2025, the California Department of Housing and Community Development (HCD) stated its view that there is not just one 90-day period but that successive 90-day periods can run indefinitely. By filing this lawsuit, the Town is acting in good faith so that it will know how to comply with the law and ensure it can continue to serve its residents and property owners, while lawfully processing land use applications.”
★ Other docs:
○ The July 25, 2024 info memo, titled “Scofield Drive SB330 Preliminary Application pursuant to Builder’s Remedy”, has information about proposed BR projects and their review process.
● Other Residential Projects - complete applications submitted, not yet approved:
○ Pizza Hut/Staples/ Fontana's (20770, 20830, 20840, & 20850 Stevens Creek Blvd). adjacent to the Cupertino Crossroads Shopping Center): on 2.97 acres, zoned commercial mixed use. The project will replace existing retail stores with 59 townhome condominium units across eight, three-story buildings
○ United Furniture (10065 & 10075 Stevens Creek Blvd, across from Vallco), on 2.72 acres, zoned commercial mixed use. The project will replace existing retail stores with 55 townhome condominium units, with 10 ADUs, three-story buildings
○ Stevens Office Center (20813, 20823, 20883 and 20807 Stevens Creek Blvd), on 6.93 acres, zoned commercial mixed use. The project will replace two office buildings and one retail building with 122 for-sale units (66 small-lot single family and 56 townhomes), including 24 affordable units ○ 20865 McClellan Rd: on 0.99 acres, zoned R3TH. The project will replace one single-family home with 27 townhomes, including 4 affordable units, in three-story buildings ○ Evulich Court (10857, 10867, 10877 & 10887 Linda Vista Dr): on 2.53 acres, zoned R3TH. The project will replace 4 single-family homes with 51 townhomes, including 11 affordable units ● Other Residential Projects - SB 330 preliminary application submitted, but not complete applications:
○ Wolfe Road Housing Project (10333 N. Wolfe Road): 250-300 total units across the 5-acre property. It will be 100% rental apartments. The affordable housing will benefit those making 80% or less of the area median income (AMI).
■ a full report on our Listening Phase at this link.
■ February 12 Community Co-Creation Event at Collins Elementary School ● Other Residential Projects - Revision of already approved projects:
○ Westport Senior Assisted Living Housing (revision submitted): The developer Related has submitted a revision to add more units, reduce retail space, remove the underground garage and request a waiver of Parkland dedication Fee. It is going to the Planning Commission in May ■ Previous approval in 2021 and 2024: Westport (21267 Stevens Creek Blvd) 4 543
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○ Marina Plaza (10145 N. De Anza Blvd, 10118 Bandley Dr.), on 5.1 acres, zoned commercial and mixed use: The project will add more units, slightly reduce retail space, deliver over smaller for-sale starter homes under 1500 sq. ft. and an outdoor amphitheater. ■ Previous approval in 2022L Marina Plaza.
● License Plate Reader Camera - City-operated or personal ones ★ The Council has adopted the Automated License Plate Reader (ALPR) Camera program (Resolution 24-094) in order to alert the police when a license plate with previous record is detected. Some cameras are placed at major roads entering Cupertnio. ★ The residents or businesses can connect your home or business surveillance camera with the Santa Clara County Sheriff's Office. The registration form is at the bottom of this page.

Section 5: Information Access Useful to My Constituents (not updated):

1. Public Comments Webpage and Email
A new page has been added to the City’s website on how to submit public comments for Council meetings. It explains the process for submitting written comments on City Council agenda and nonagenda
items. A dedicated email address, [email protected], was created for members of the public to send in their comments. This email address is also posted on City Council agendas.

The intent of using this dedicated email is to ensure comments are efficiently routed and tracked. Emails sent to this address are automatically distributed to the City Council, City Manager, Deputy City Manager, and City Clerk, and an autoresponder confirms receipt. This process is especially helpful during periods of high public input.

Comment Submission Guidelines:

2. Information Memo posted on the City website:

City Council Informational Memos are now available on the City website. The information can be accessed from the City website at cupertino.org/memos and the City Council page. You can also find the page by entering search terms “info memos” at the top of the website. ★ Anyone may use the eNotification signup to receive informational memo updates by email.
★ The info memos are now hosted in the digital archive as all other city records. ★ Click “+” to zoom in.
★ On a laptop:
○ To open the document as PDF, click on the Print icon and then click on “Download & Print”. The downloaded PDF will appear in a new tab for viewing. 5 544
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○ This does not work on Safari browser on an iPhone.
★ To copy and paste text, you must open it as PDF and then copy & paste from there.

New memos posted, since last report:
● No new info memos published since February 28
● Recordings of Commission Meetings:

Starting in June, commission meetings will be recorded for viewing later, although no teleconferencing to allow remote participation.
- Find the recordings here under each commission.

4. How to Search an agenda item:

A community member showed me a way to search for items on the past city meetings:
● Go to this page: https://cupertino.legistar.com/Calendar.aspx ○ Make sure that “Calendar” is selected from the top row of tabs and the “List View” is selected from the bottom row of tabs.
○ Enter the search term, such as “investment report”. Choose the year or select “All Years”
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1 CITY COUNCILMEMBER REPORT
Meeting: September 16, 2025
Reporting Councilmember: Councilmember J.R. Fruen
Report Dates: 8/26/25 to 9/8/25
Item Date, Title, and Description:

Event 1. August 29, 2025 – CASCC Executive Committee Meeting – I attended the scheduled Executive Committee Meeting of the Cities Association of Santa Clara County JPA in my capacity as the organization’s Second Vice-President and appeared as a member of the public owing to a COVID-19 infection. We confirmed and previewed items for the September 11, 2025 Legislative Action Committee and Board Meetings. Meeting materials are available on the CASCC website here.

Event 2. September 4, 2025 – Memorial Ceremony for Former Mayor Hung Wei – I attended and spoke at an extended memorial ceremony in honor of the life and August 28 passing of former Mayor Hung Wei.
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1 CITY COUNCILMEMBER REPORT
Meeting: September 16, 2025
Reporting Councilmember: Vice Mayor Kitty Moore
Report Dates: 8/26/25 to 9/8/25
Item Date, Title, and Description:

August 27, 2025. Special Santa Clara Valley Water Commission Meeting. This Special meeting included a tour of the Anderson Dam project in Morgan Hill. The Anderson Dam was built in 1950 and had very high lifts up to 30’ prior to compaction for part of the earth dam. This and other issues increases the potential for failure in an earthquake. Additionally, where there was once farmland at the foot of the dam is
now residential
neighborhoods which
would be inundated in a
dam failure. The water
level in the dam has been
reduced to make it safe and
tunneling has proceeded. The dam is being
lowered and rebuilt in a ten year process and
when it is complete it will be able to hold the water of all of the other dams in the system combined at a volume of approximately 90,373 acre-feet.

Factsheet on the Anderson Dam project: https://s3.us-west1.amazonaws.com/valleywater.org.us-west-1/s3fspublic/08272025%20SCVWD%20Water%20Commission%20Agenda%20Packet.pdf 548
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City Council Vice Mayor Moore Report
2 September 3, 2025. End of Summer recess. Special meeting Closed Session and Special City Council Meeting.

September 4, 2025. Attended CAREA event at Quinlan Community Center. https://www.carea.org/event/bay-area-cities-development-updates/ Several area Economic Development managers presented including Cupertino’s Daniel Degu who provided excellent information on the city. There were developers presenting as well. The entitlement process using state laws is very lucrative, and while not stated, this may be a contributor to the costs of development when an entitled project would cost less than $2M to achieve while increasing the value of a $30M project by over $20M as an example.

September 4, 2025. Attended Ad-Hoc Legislative Review Subcommittee on-line meeting to receive legislative update from our lobbyists and provide input and recommendations for other bills and pending legislation. See LRC Report for that item in this agenda packet.

September 8, 2025. Agenda review with Staff and Mayor.
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CITY OF CUPERTINO
Agenda Item
25-14086 Agenda Date: 9/16/2025
Agenda #: 25.

Subject: Upcoming Draft Agenda Items Report
CITY OF CUPERTINO Page 1 of 1 Printed on 9/10/2025
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Upcoming Draft Agenda Items

CITY OF CUPERTINO
City Council
Tuesday, October 7, 2025
Study Session
24-13288 Subject: Status update on the City policy on homeless encampments (10/15/24 City Council directed staff to bring this back in 1 year) Ceremonial Items
25-13643 Subject: Recognition of October 19 to October 25, 2025 as United Against Hate Week (verbal recognition only)
25-14182 Subject: Recognition of October as Community Planning Month 25-14216 Subject: Recognition of October as Hindu Heritage and Awareness Month (verbal recognition only)
Consent Calendar
25-14306 Subject: Approval of September 15, 2025 City Council meeting minutes 25-14179 Subject: Approval of updated future agenda items requested by City Councilmembers ("TBD List")
24-13597 Subject: Approval of September 16, 2025 City Council meeting minutes Public Hearings
25-13775 Subject: Ordinance Update SB450 - 1st and 2nd reading required.

Municipal Code Amendment to clarify multiple sections of the Zoning and Subdivisions Title, including updates to address SB450 (PL - Piu Ghosh)
25-14150 Subject: Introduce and conduct first reading of Municipal Code Amendments regarding Building Code Updates (Building, Sean Hatch) Future Agenda Items
25-14087 Subject: Upcoming Draft Agenda Items Report
Councilmember Reports
24-13578 Subject: Councilmember Reports
City Manager Report
25-14207 Subject: City Manager Report
Presentations
25-14251 Subject: Disaster Preparedness State of Readiness Report (10 min) (Jim Frawley)
Tuesday, October 21, 2025

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Cupertino City CouncilSeptember 16, 2025

Cupertino City Council
September 16, 2025