Wireless Communications Facilities Ordinance
The City Council approved the ordinance amendments on February 3, 2009 on a unanimous 5-0 vote. The new ordinance becomes effective March 19, 2009.
The key changes are as follows:
- Increase the antenna setback to 75 feet minimum from a residential property line.
- Require 1,000 foot radius neighborhood noticing of public hearings on cell sites.
- Require screening of highly visible roof-mounted antennas.
- Expand aerial abandonment clause to include cost of land restoration to former condition.
- Allow antennas to be mounted on all existing and new utility poles and towers. Exclude such antennas from the setback requirements from a residential property line.
- Allow antennas in RHS, OS, and common-interest areas of residential and mixed use planned development projects with City review. Cell sites in common-interest areas mentioned above require city use permit approval and homeowner association (HOA) approval. The 75-foot minimum antenna setback, in these areas, is measured from the abutting residentially zoned properties.
- Allow aesthetically-designed cell sites as one of the City’s review criteria.
- Allow cell sites in PR zoning districts (public parks) with City review.
In addition to these changes the City Council direct the Technology, Information and Communications Commission to research the feasibility of implementing a Distributed Antenna Systems (DAS). This is an alternative communications technology that does not rely on cell monopoles or towers.
Approved Ordinance No. 09-2038
Wireless Communication Facilities Ordinance
Questions or Comments?
Questions and comments about the ordinance amendment? Contact Colin Jung, by email at colinj@cupertino.org or phone at (408) 777-3257
Last updated: 6/26/2009 10:21:22 PM