CC Ordinance 2333 - Urgency Measures to the Order FCC 18-133ORDINANCE NO. 2333
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
EXTENDING URGENCY MEASURES IN RESPONSE TO THE 2018 SMALL CELL
ORDER (FCC 18-133) ISSUED BY THE FEDERAL COMMUNICATIONS COMMISSION.
(FILE NO. PLN-2025-50)
WHEREAS, on September 19, 2017, the City Council adopted Ordinance No. 2226,
which repealed the former, and enacted the current, Chapter 21.34 — Wireless
Communications Facilities of the Campbell Municipal Code, which sets forth the City's
standards and procedures for the permitting and regulation of wireless communications
facilities on private property in conjunction with the City's adopted Wireless Facility Design
Requirements, which were separately adopted by City Council Resolution No. 1226 on
September 5, 2017;
WHEREAS, subsequent to the adoption of Ordinance No. 2226, the Federal
Communications Commission issued its Declaratory Ruling and Third Report and Order (FCC
18-133), also known as the "2018 Small Cell Order," which took effect on January 14, 2019,
and significantly limited local authority over the siting and regulation of wireless facilities;
WHEREAS, although the 2018 Small Cell Order primarily addresses installations
within the public rights -of -way, it also affects private property by broadly interpreting the
"effective prohibition" clause under the Federal Telecommunications Act. As a result, local
jurisdictions must waive or modify development standards, including height limits and
placement requirements, if those standards are found to "materially inhibit" the provision of
wireless service, significantly restricting the City's ability to enforce existing regulations;
WHEREAS, pursuant to California Government Code section 65858 and Campbell
Municipal Code Section 21.60.090, the City Council is authorized to adopt interim ordinances
as urgency measures to protect the public health, safety, and welfare, upon finding that there
is a current and immediate threat to the public health, safety, or welfare, and that the approval
of additional permits or entitlements would result in that threat;
WHEREAS, without interim regulations in place, the City may be forced to process
wireless facility applications under outdated or legally vulnerable standards, potentially
resulting in adverse aesthetic, environmental, and community impacts, and limiting the City's
ability to mitigate these concerns;
WHEREAS, on July 1, 2025, the City Council adopted Interim Ordinance No. 2331 to
temporarily align the City's wireless facility permitting process with federal law while
permanent updates to local regulations are prepared;
WHEREAS, the Community Development Department is currently conducting a study
to update the City's zoning provisions to ensure consistency with current law and to safeguard
the public health, safety, and welfare. This study is expected to be completed within a
reasonable time, not to exceed the duration of this interim extension, or until a permanent
ordinance is adopted, whichever occurs first;
WHEREAS, Government Code Section 65858 authorizes the City Council to extend
an interim ordinance for an additional 10 months and 15 days following public notice and a
duly held public hearing;
WHEREAS, this matter was duly noticed and considered at a public hearing in
accordance with applicable law;
WHEREAS, the City Council finds that extending Interim Ordinance No. 2331 is
necessary to preserve legally defensible local regulations consistent with federal law, while
permanent regulations are developed and adopted through the standard legislative process;
WHEREAS, the City Council finds and determines that extending the previously
adopted interim ordinance (Ordinance No. 2331) would not be detrimental to the public
interest, health, safety, convenience, or general welfare of the city and is internally consistent
with other applicable provisions of the Campbell Municipal Code;
WHEREAS, based on the foregoing findings, the City Council further finds that an
ongoing threat to public health, safety, or welfare remains, and that continued application of
existing standards, requirements, and permitting procedures would exacerbate this threat.
These conditions, previously addressed by Interim Ordinance No. 2331, warrant its extension
while permanent regulations are developed;
WHEREAS, the adoption of this ordinance does not constitute a "project" under CEQA
Guidelines Section 15378, as it has no potential to cause either a direct or reasonably
foreseeable indirect physical impact on the environment. Alternatively, if deemed a project,
the ordinance may be found exempt under the common sense exemption (Section
15061(b)(3)), as it can be seen with certainty that no significant environmental impacts will
result, and under Section 15308, as a regulatory action taken to protect the environment
during the preparation of permanent regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1 (SEVERABILITY): If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions
of the Ordinance. The City Council hereby declares that it would have passed this interim
ordinance and each and every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION 2 (CEQA): This Ordinance is not a "project" under CEQA Guidelines Section
15378. Alternatively, it is exempt under the common sense exemption (Section 15061(b)(3))
and Section 15308, as a regulatory action taken to protect the environment.
SECTION 3 (CONFORMANCE WITH LAW). Any provision of this Ordinance that conflicts
with applicable state or federal.law shall be interpreted and applied to achieve compliance.
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The provisions of this Ordinance shall prevail over any inconsistent provision of the Campbell
Municipal Code for the duration of its effectiveness.
SECTION 5 (PUBLICATION): The City Clerk shall cause this interim ordinance to be
published at least once in a newspaper of general circulation within 15 days after its adoption
in accordance with Government Code Section 36933.
SECTION 6 (EFFECTIVENESS): Interim Ordinance No. 2331 is hereby extended for 10
months and fifteen days, or until it is superseded by adoption of superseding ordinance,
whichever comes first.
PASSED AND ADOPTED this 4th day of August, 2025 by the following roll call vote:
AYES: Councilmembers: Bybee, Hines, Furtado, Lopez
NOES: Councilmembers: None
ABSENT: Councilmembers: Scozzola
ABSTAIN: Councilmembers: None
APPROVED:
Sergio Lopez, Mayor
ATTEST: 41dya 6414W
Andrea San rs, City Clerk
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