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HomeMy WebLinkAboutOrdinance 26-2351 - Extending Urgency measures in response to the 2018 Small Cell Order (FCC 18-133)PROOF OF PUBLICATION Filing Stamp (2015.5 c.c.p.) PROOF OF PUBLICATION State of California County of Santa Clara I am a citizen of the United States and a resident of the State of California: I am over the age of 18 years, and not party to or interested in the above -entitled matter. I am the principal clerk of the printer of Metro Silicon Valley Newspaper, 380 South First Street, San Jose, California 95113 a newspaper published in the English language in the City of San Jose, and adjudged a newspaper of general circula- tion as defined by the laws of the State of California by the Superior court of the county of Santa Clara, State of California, on April 7, 1988, Case No. 651274; that the notice of which annexed is a printed copy has been published in each regular and entire issue of said newspaper and not in any sup- plement thereof on the follow- ing dates: June 10 — 2026 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated: June 10, 2026 At San Jose, California av iller 1 L I ORDINANCE NO.26-2351 " 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. pin-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 on September 19, 2017, the City Council adopted Ordinance No. 2226, which,repealed the former and enacted the current; Chapter 21:34 - Wireless Communications Facilities of the Campbell Municipal Code, which sets forth the City's standards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.12226 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, placement, and operation 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, thereby restricting the City's ability to enforce existing regulations and protect community characterand ensure community benefits; 1 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 Julys 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, on August 4, 2025, the City Council adopted interim Ordinance No. 2333, extending Interim Ordinance No. 2331 for 10 months and fifteen days, or until it is superseded by adoption of a superseding ordinance, whichever comes first; 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 year 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, Government Code Section 65858(d) requires the City Council to issue a written report at least ten (10) days prior to the expiration or extension of any interim ordinance. describing the measures taken to address the conditions that led to its adoption; WHEREAS, this extension ordinance itself documents the measures taken, by the City to implement Interim Ordinance No. 2331, including permit processing, legal review, public engagement, and studies conducted_ in preparation for permanent regulations; WHEREAS, the City has continued to review and process wireless facility permit applications under the provisions of interim Ordinance No. 2331 to ensure compliance with federal requirements while maintaining oversight of development standards; WHEREAS, the City has consulted with the City Attorney's Office regarding potential updates to the Campbell Municipal Code to ensure that any permanent ordinance will be legally defensible and consistent with federal and state law; WHEREAS, the City has published and maintained a dedicated project webpage to provide information. updates, and transparency regarding the development of permanent wireless facility regulations; WHEREAS, the City has actively reviewed public feedback received to date and has incorporated input where appropriate to inform the drafting of permanent regulations; WHEREAS, the extension of interim Ordinance No. 2331 will allow the City sufficient time to complete the study, conduct further Comm unityengagement, and prepare a permanent ordinance that addresses legal requirements, public input. and the City's planning objectives: WHEREAS, the City Council finds that documenting these ongoing efforts in this extension ordinance provides a clear record of the City's proactive measures to preserve public health, safety, and welfare while permanent regulations are finalized; WHEREAS, the City Council finds that extending Interim Ordinance No. 2331 is necessary to preserve legally defensible local regulations consistent with federal law. white permanent regulations are developed and adopted through the standard legislative process; WHEREAS, based onthe 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 City Council finds and determines that extending Interim 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, the adoption of this ordinance does not constitute a "project" under CEQA Guidelines Section 15378, as it has no potential to causeeither a direct or reasonably foreseeable indirect physical impact on the environment. Alternatively, if deemed a project, the ordinance may be found exempt underthe common sense exemption (Section 15061(b)(3)), ashcan 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, j 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. 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): City Council Ordinance No. 2331 is hereby extended for a period of one year, commencing on June 19, 2026, the date City Council Ordinance No. 2333 would otherwise expire, and shall expire on June 19, 2027, or until it is superseded by adoption of permanent or superseding Ordinance, whichever comes ` first. PASSED AND ADOPTED this 2nd day of June, 2026 by the following roll call vote: AYES: Councilmembers: Lopez, Hines, Scozzola, Bybee, Furtado NOES:.' Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVED: Daniel E. Furtado. Mayor ATTEST: Andrea Sanders, City Clerk