CC 09-16-2025
Item No. 20
Small Wireless Facilities
Presentation
City Council
9/16/2025
SMALL WIRELESS FACILITIES
ORDINANCE AND REGULATIONS
Subject:
Introduce amendments to Cupertino Municipal Code,
adding Title 14, Chapter 14.30 Small Wireless Facilities In Public Rights-Of-Way, pertaining to regulation of wireless facilities within City streets.
Recommended Action:
1) Conduct the first reading of Ordinance 25-____ “An
Ordinance of the City Council of the City of Cupertino
adding City Code Title 14 Chapter 14.30 Small Wireless
Facilities In Public Rights-Of-Way.”
2) Adopt Resolution No. 25-___ approving the “Regulations for Construction, Operation, and Maintenance of Small
Wireless Facilities in the Public Right of Way.”
3) Find that the proposed actions are exempt from CEQA.
Tonight’s ActionTonight’s Action
Agenda
● Background
● Ordinance – What is Does
● Regulations – What is New
Background
● Cities Can Regulate
Aesthetic
Appearances
● Cupertino Focused
on Outreach
● Draft Ordinance
strengthens City’s
process
Laws and Regulations
● Authority to Regulate Aesthetics and
Manage Public Right of Way
● Regulation Must Not Be Based on Health
Concerns
● Regulation Must Not “Materially Inhibit”
Wireless Service
● “Shot Clocks” for Application Review
● FCC 2018 Order:
https://docs.fcc.gov/public/attachments/F
CC-18-133A1.pdf
Prior Information
● Previous study sessions
● May 16, 2017
● May 15, 2018
● July 16, 2019
● May 5, 2020
● September 15, 2020
● April 20, 2021
● Council recommended
consideration of ordinance
● December 16, 2022
● www.cupertino.org/5G
Draft Ordinance
● Requires a Permit
● Adopts Regulations to Implement Ordinance
● Requires Notification within 300’
● Authorizes establishment of Fee
● Provides for Resident Appeals to City Manager
● Provisions for Revocation/Removal of Facilities
Draft Regulations
● Establishes Requirements, including RF
Compliance and Testing
● Encourages Pre-submittal Community
Meetings
● Authorizes Peer Reviews
● Includes Standard Conditions of Approval
● Establishes Preference Tiers
● Includes Detailed Design Standards
● Establishes 1,000-foot minimum between
facilities from same carrier
Proposed Installation Preferences
1 – Collocated Facilities
2- Mixed use and Non-Residential
3 - Residential along Arterial or Main streets
4 - Residential along Major Collector streets
5 - Residential along Minor Collector streets
6 - Other Residential Locations
7 - Within 1,000-feet of another wireless facility owned by the same carrier.
8 – Within 100-feet of a protected property (PRC 5020.1(j) 9 – Any location within 25-feet of an occupied structure 10 – New Standalone Poles
11 – Installations on Wooden Poles
12 - Strand Mounted Equipment
Subject:
Introduce amendments to Cupertino Municipal Code,
adding Title 14, Chapter 14.30 Small Wireless Facilities In Public Rights-Of-Way, pertaining to regulation of wireless facilities within City streets.
Recommended Action:
1) Conduct the first reading of Ordinance 25-____ “An
Ordinance of the City Council of the City of Cupertino
adding City Code Title 14 Chapter 14.30 Small Wireless
Facilities In Public Rights-Of-Way.”
2) Adopt Resolution No. 25-___ approving the “Regulations for Construction, Operation, and Maintenance of Small
Wireless Facilities in the Public Right of Way.”
3) Find that the proposed actions are exempt from CEQA.
Tonight’s ActionTonight’s Action
Questions?
CC 09-16-2025
Item No. 21
Revisions to Cupertino
City Council
Procedures Manual
Presentation
September 16, 2025
Council Procedures Update
Floy Andrews
Interim City Attorney
Updates to the Council Procedures (1)
- Future agenda items (4.7)
- Appointments to regional bodies (5.3)
- Appointments made by outside bodies
(5.3.1)
- Tentative council meeting agenda
calendar (7.1.1)
- Written communications (7.7)
Updates to the Council Procedures (2)
- Order of business adding Informational
Memoranda (8.3)
- Refining process for removal from consent
calendar (8.4.2)
- Clarifying how public speakers may
combine time during public comment (8.5)
- Adding written memoranda option for
Councilmembers (11.2)
Future Agenda Items (Section 4.7)
Future Agenda Items. Each meeting of a
commission or committee should include a
“Future Agenda Items” section, containing a
list of proposed future agenda items and a
Tentative Meeting Agenda Calendar, similar
to the Tentative Council Meeting Agenda
Calendar described in section 7.1.1 herein.
Regional Bodies (Section 5.3)
Regional Bodies. 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.
Regional Bodies (Section 5.3.1)
Regional Bodies. 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.
Tentative Council Meeting Agenda
Calendar (Section 7.1.1)
The Tentative Council Meeting Agenda Calendar.
The calendar shall list items pending to come
before Council within the next 12 months and be
included in each Council Meeting’s agenda
packet.
This 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).
Written Communications (Section 7.7)
Written Communications. 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.
Order of Business (Section 8.3)
Order of Business. Informational Memos, as
described in amendments to Section 11,
should be included in the order of business
after Councilmember reports.
Consent Calendar (Section 8.4.2)
Removing Item from Consent Calendar. When
removing an item, 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.
Public Comment (Section 8.5)
Public Comment. If a speaker is 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.
Councilmember Memoranda (Section 11.2)
Councilmember memoranda. Such memos
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.
Councilmember Memoranda (con.)
Councilmember memoranda. They should
convey the Council-member’s own views and
proposals pertaining to agendized items,
thereby providing a robust and efficient
method for sharing information.
Questions