Resolution No. 6418394
RESOLUTION NO. 6418
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2014 -01
- WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a Design Review Committee Permit in
accordance with the provisions of Section 4.19.060.D of the Zoning Ordinance of the City
of Cypress to allow the construction of a stealth (imitation tree) telecommunications
antenna facility (operated by AT &T Mobility) including 12 antenna panels mounted on a
50 foot tall monopine -type support structure and a 396 square -foot equipment enclosure,
within an existing retail commercial center located at 4496 Lincoln Avenue within the PC
Planned Community Zone.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning
Ordinance, the Design Review Committee reviewed and approved this project on April 3,
2014.
3. That in accordance with Section 4.19.060.E.2 of the Cypress Zoning
Ordinance, the decision of the Design Review Committee on this project was reported to
the City Council on May 12, 2014, during a public meeting of the City Council.
4. That in accordance with Section 4.19.060.F of the Cypress Zoning
Ordinance, the effective date of the Design Review Committee's decision to approve this
project shall be the date of acceptance by the City Council, and upon receipt by the
Community Development Department of an agreement to any conditions of approval
signed by the applicant.
5. That the City Council hereby finds that:
a. The proposed location of the project is in accord with the objectives of
the Zoning Ordinance and the purpose and intent of the zone in which the site is located,
which is:
Intended to permit a compatible mix of land uses, planned
commercial developments and business parks, and a variety of
housing styles and densities.
b. The proposed location of the project and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety or
welfare or be materially injurious to properties or improvements in the vicinity in that:
(1) The subject telecommunications antenna system design
would be compatible and consistent with the surrounding commercial center
onsite, including masonry materials and color on the equipment enclosure
wall and the species of trees located in the surrounding area.
(2) The subject unmanned, stealth wireless telecommunications
antenna facility would be compatible with surrounding commercial and
mortuary uses.
(3) A wireless telecommunications antenna facility is a permitted
use within the PC Planned Community Zone.
(4) The proposed wireless telecommunications antenna facility
would provide additional public communication service for cellular telephone
users located in, and passing through, the City of Cypress.
(5) This wireless telecommunications antenna facility would
comply with the requirements of Section 3.16.050 of the Cypress Zoning
Ordinance with regard to stealth design antennas.
395
(6) This stealth design wireless telecommunications antenna
facility would be located so as to minimize the visual impact on surrounding
properties and from public streets.
(7) The materials used in the construction of the proposed
wireless telecommunications antenna facility would not be bright, shiny,
garish or reflective.
(8) The proposed antenna support structure would be located
within a landscape planter and the accessory equipment enclosure would be
located adjacent to an existing trash enclosure, which would avoid conflicts
with parking and vehicle circulation.
(9) Based on the available information regarding electromagnetic
frequency (EMF) emissions, this wireless telecommunications antenna
facility would not generate EMF levels considered harmful by the Federal
Government.
(10) The proposed project is conditioned such that, should
substantiated complaints be received that the subject wireless
telecommunications antenna facility is causing adverse impacts on
surrounding properties or uses, the City Council may modify and /or revoke
the subject Design Review Committee Permit, subject to a hearing.
c. The wireless telecommunications antenna facility project, as
conditioned, will comply with each of the applicable provisions of the Cypress Zoning
Ordinance and the Lincoln Avenue Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Design Review Committee Permit No. 2014 -01,
subject to the conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council
meeting held on the 12th day of May, 2014.
ATTEST:
4-1/LW-e_ eCce-e;\a/Y1
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
f the City of press at a regular
4iId/'
MAYOF/F THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 12th day of May, 2014, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
396
EXHIBIT "A"
Design Review Committee Permit No. 2014 -01
4496 Lincoln Avenue
(AT &T Antenna)
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and return a City- provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void. (Planning)
1.2. The applicant shall defend, indemnify, and hold harmless, the City and any agency thereof,
or any of its agents, officers, and employees from any and all claims, actions, or
proceedings against the City or any agency thereof, or any of its agents, officers or
employees, to attack, set aside, void or annul, an approval of the City, or any agency
thereof, advisory agency, appeal board, or legislative body, including actions approved by
the voters of the City, concerning the project, which action is brought within the time
period provided in Government Code Section 66499.37 and Public Resources Code,
Division 13, CH. 4 (§ 21000 et seq. - including but not by way of limitation § 21152 and
21167). City shall promptly notify the applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit of
not less than $500,000 each occurrence in connection with the work performed. Certificate
shall include the City, its Council, officers, members of boards or commissions and
employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a thirty (30) day cancellation notice to the City of Cypress. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to final release of the building permit. (Planning)
1.6. The applicant shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee Permit No. 2014 -01
Conditions of Approval
Page 2
1.7. All applicable conditions of the project shall be complied with prior to final release of the
building permit. (Planning)
1.8. Any and all correction notice(s) generated through the plan check and /or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof. (Planning)
2. Planning
2.1. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department. (Planning)
2.2. Any expansion or modification of the approved use beyond what is approved as part of this
Design Review Committee Permit will require an amendment to the Permit. (Planning)
2.3. This Design Review Committee Permit may be modified or revoked by the City Council
should the Council determine that the proposed use or conditions under which it is being
operated or maintained is detrimental to the public health, safety, or welfare, or materially
injurious to properties or improvements in the vicinity. (Planning)
2.4. The developer shall comply with all applicable requirements of the FAA. (Planning)
3. Architectural
3.1. Architectural elevations and site plans, as well as the specifications for the imitation pine
tree structure shall be submitted for review and approval by the Community Development
Department prior to the issuance of building permits. (Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
approved by Design Review Committee No. 2014 -01. The final exterior materials and
color scheme shall be submitted to City staff for review and approval prior to the issuance
of building permits for the mono -pine structure, the masonry enclosure wall, and the
equipment structure. Any cables, fittings, etc. that must be mounted on the exterior
of the mono -pine structure and the equipment enclosure building shall be painted to
match the structure to which they are attached. (Planning)
3.3. The proposed antenna project shall include and be limited to: 1) construction of a
freestanding, telecommunications antenna tower, with an imitation pine tree (mono -
pine) design, not exceeding 50 feet in height; 2) installation of 12 eight -foot long
directional panel antennas mounted on three arrays attached to the pole structure
and with attached screening foliage; 3) installation of four ground- mounted electrical
equipment cabinets within a 396 square foot masonry equipment enclosure; 4)
construction of a decorative masonry wall (7'4" in height) around the perimeter of the
equipment cabinets; and 5) relocation /construction of the existing trash enclosure to
be adjacent to the antenna equipment enclosure. The equipment enclosure wall shall
• Community Development Department • Planning Division •
398
Exhibit "A"
Design Review Committee Permit No. 2014 -01
Conditions of Approval
Page 3
fully screen the ground- mounted equipment from ground level view. The antenna
panels shall be painted to match the color of the imitation tree foliage and treated with
pine foliage "socks" as noted on the approved Elevation Plans for this project. The
foliage branches shall be of the most realistic design available; and the density of the
branches shall be designed to the fullest extent possible to provide maximum
screening of the antenna array panels and supporting structure. The lower branches
on the imitation tree structure shall begin at a maximum height of 15 feet from
finished grade level. Acceptance of the antenna screening foliage shall be subject to
final inspection (for consistency with the approved elevation drawings and photo
simulations) and approval by the Community Development Department. (Planning)
3.4. Two new live pine trees (of a variety similar to the mono -pine design) shall be installed
and maintained within the landscape planter located along the east perimeter of the
property. These trees shall be installed at a minimum 24 -inch box size at locations
approved by the Community Development Department. Adequate irrigation for the
new trees shall be installed concurrently with the trees. If any of the live trees
installed by AT &T Mobility become damaged or die, such tree shall be removed and
replaced (by the antenna operator or the property owner) with another mature tree of
comparable size and height at the time of removal (subject to City approval).
(Planning)
3.5. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.6. All outdoor equipment shall be adequately screened from public view subject to the
approval of City staff. Commercial or industrial developments which adjoin residentially
zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment
mounted outdoors, to the satisfaction of City staff. (Planning)
3.7. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director and shall be adequately screened from view with plant
materials. (Planning)
4. Signage N/A
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan for the new tree planting area(s) shall be
submitted to the Cypress Planning Division for review and approval at least sixty (60) days
prior to issuance of a Certificate of Occupancy. In addition, a bond shall be posted with the
Public Works Department to guarantee against defects in plant materials and workmanship
for a period of one (1) year from acceptance of the landscape installation. All required
landscaping shall be permanently maintained in a neat and orderly condition. (Planning)
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee Permit No. 2014 -01
Conditions of Approval
Page 4
5.2. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Director of Community Development. (Planning)
5.3. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas. (Planning)
6. Operational
6.1. All product and material storage shall occur within the equipment enclosure. Other exterior
storage is specifically prohibited. (Planning)
6.2. Security gate systems shall be equipped with a "Knox box" system providing access with a
Knox submaster key for emergency access by police and fire services. The security gate
system shall be approved in writing by the Cypress Police Department and Orange County
Fire Authority prior to issuance of building permits. (Planning)
6.3. The City Council shall maintain the right to review the regular maintenance service hours
of the antenna facility and may, subject to a public hearing, limit the regular
maintenance service hours should substantiated complaints be received that the service
hours are creating an adverse impact upon neighboring properties. Maintenance
personnel and vehicle activities shall be conducted in a manner that will prevent noise
or light /glare impacts on surrounding residential development. Regular maintenance
activities shall be limited to daytime business hours. Emergency service /repair
activities may be conducted at any time. (Planning)
7. Property Maintenance
7.1. All walls, fences, and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity
or graffiti which threatens the appearance. Masonry walls shall be treated with a graffiti
resistant coating. (Planning)
7.2. Parking lot surfaces and pedestrian walkways, located within the antenna purveyor's lease
area, shall be maintained in a safe condition such that any concrete, asphalt, or other driving
or walking surfaces are free of potholes, buckled or cracked surfaces, or raised areas. This
includes paved areas which were removed and replaced during project construction.
(Planning)
7.3. The antenna structure and equipment enclosure shall be maintained in a safe appearance
such that the structures are free of broken, missing or significantly cracked surface finished
materials. (Planning)
• Community Development Department • Planning Division •
400
Exhibit "A"
Design Review Committee Permit No. 2014 -01
Conditions of Approval
8. Fees
Page 5
8.1. The applicant shall pay for the following fees per Resolution No. 6118, except as otherwise
noted below. (Engineering)
- Building Plan Check (Prior to Submittal of Plans) (B &S)
- Building Permit and Inspection (Prior to Permit Issuance) (B &S)
8.2. Within forty -eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk -
Recorder in the amount of Fifty Dollars ($50.00) County administrative fee, to enable
the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
California Code of Regulations, Title 14, section 753.5. If, within such forty -eight (48) hour
period, the applicant/developer has not delivered to the Community Development
Department the check required above, the approval for the project granted herein shall be
void. (Planning)
9. Engineering N/A
10. Landscaping within the Public Right -of -Way N/A
11. Sewer and Wastewater N/A
12. Street Trees N/A
13. Street Lighting N/A
14. Streets
14.1. Prior to issuance of release of utilities for the antenna facility, the applicant shall remove
and replace any existing public improvements at the development site which are damaged
due to construction to the satisfaction of the Engineering Division Manager. (Engineering)
15. Subdivisions N/A
16. Traffic N/A
17. Utilities
17.1. Prior to release of utilities for the antenna facility, the applicant shall install all new and
existing utility services underground. (Engineering)
• Community Development Department • Planning Division •
401
Exhibit "A"
Design Review Committee Permit No. 2014 -01
Conditions of Approval
Page 6
17.2. Attention is directed that trenching and backfill in streets shall be per City of Cypress
Public Works Standard Plan No. 109. Arterials shall be crossed by boring only. In
public streets, lateral open cuts spaced within 20 feet of each other shall be covered with
a one inch continuous asphalt concrete cap. (Engineering)
18. Drainage N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. The applicant shall construct new or modify its existing trash enclosure structure to
possess a solid covered roof that prohibits stormwater to enter and then discharge from
the enclosure. The applicant shall obtain all required permits from the Building
Department for construction and also obtain final inspection from the Public Works
Department to ensure it meets the above mentioned criteria prior to the issuance of a
final certificate of occupancy. (Engineering, Water Quality)
20. Building and Safety
20.1. Applicant /developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
20.2. Grading and exterior building construction activities shall be limited to the hours of
between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and 8:00 p.m.
on Saturday, if the City's noise standards are exceeded. Interior building construction and
tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday
through Saturday, only if the City's noise standards are exceeded. No construction activity
shall be allowed on Sundays or federal holidays. In addition, construction equipment shall
be equipped with effective muffling devices. Compliance with this measure is subject to
field inspection by City staff. (Building & Safety)
20.3. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
20.4. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.5. A stamped soil investigation report shall be submitted with the plans for plan check.
Report shall include soil bearing capacity, seismic study, in compliance with the Seismic
Hazard Mapping Act of the State of California, grading, paving, sulfate test and other
pertinent information under good engineering practice. (Building & Safety)
• Community Development Department • Planning Division •
402
Exhibit "A"
Design Review Committee Permit No. 2014 -01
Conditions of Approval
Page 7
20.6. Prior to final certificate of occupancy, as required by California State Health and Safety
Code Section 19850, the applicant shall provide copies of the stamped approved plans and
any revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
20.7. Building plans shall be stamped by a licensed engineer. (Building & Safety)
21. Security
21.1. The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department. (Police Department)
22. Antennas
22.1. Antennas shall be installed and maintained in compliance with the requirements of the
Building Code. Antenna installers shall obtain a building permit prior to installation.
(Planning)
22.2. No advertising material shall be allowed on any antenna. (Planning)
22.3. All electrical wiring associated with any antenna shall be placed underground or hidden in a
manner acceptable to the Director of Community Development. (Planning)
22.4. Maintenance /emergency contact information shall be posted on or near the base of
the antenna structure, or on the access door to the equipment room in the building.
(Planning)
22.5. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective. (Planning)
22.6. Every antenna must be adequately grounded with an adequate ground wire for protection
against a direct strike of lightning. Ground wires shall be of the type approved by the latest
editions of the electrical code for grounding masts and lightning arrestors and shall be
installed in a mechanical manner, with as few bends as possible, maintaining a clearance of
at least two (2) inches from combustible materials. Lightning arrestors shall be used that
are approved as safe by the Underwriter's Laboratories, Inc., and both sides of the line must
be adequately protected with proper arrestors to remove static charges accumulated on the
line. When lead -in conductors of polyethylene ribbon -type are used, lightning arrestors
must be installed in each conductor. When coaxial cable or shielded twin lead is used for
lead -in, suitable protection may be provided without lightning arrestors by grounding the
exterior metal sheath. (Planning)
22.7. A wind velocity test shall be required, if deemed necessary by the Building Official.
(Building & Safety)
• Community Development Department • Planning Division •
403
Exhibit "A"
Design Review Committee Permit No. 2014 -01
Conditions of Approval
Page 8
22.8. Co- location of cellular, pcs, and other wireless antenna shall be encouraged. Therefore,
lease agreements shall not include exclusive rights which would prohibit co- location where
it is technically feasible. (Planning)
22.9. A faithful performance bond to ensure the removal of abandoned antenna facilities shall be
posted prior to the issuance of building permits. (Planning)
22.10. Design Review Committee Permit No. 2014 -01 for a free - standing cellular, pcs, or other
wireless antenna shall be reviewed at least every five years by the City Council. Such
review shall focus on whether changing technology has rendered the design obsolete.
(Planning)
22.11. Any feasible advancement in technology which may reduce the size or height of the
monopole, antennas, grid panels, etc. shall be brought to the Director of Community
Development. Minor modifications of this type may be approved by the Design Review
Committee. (Planning)
22.12. The applicant recognizes that the frequencies used by the cellular facility located at
4496 Lincoln Avenue are extremely close to the frequencies used by the City of Cypress
for public safety. This proximity will require extraordinary "comprehensive advanced
planning and frequency coordination" engineering measures to prevent interference,
especially in the choice of frequencies and radio ancillary hardware. This is encouraged
in the "Best Practices Guide" published by the Association of Public- Safety
Communications Officials- International, Inc. (APCO), and as endorsed by the Federal
Communications Commission (FCC). Prior to the issuance of any permits to install the
facility, AT &T Mobility shall meet in good faith to coordinate the use of frequencies and
equipment with the City of Cypress Police Department and the Communications
Division of the Orange County Sheriff - Coroner Department to minimize, to the greatest
extent possible, any interference with the Public Safety 800 MHz Countywide
Coordinated Communications System (CCCS). Similar considerations shall be given to
any other existing or proposed wireless communications facility that may be located on
the subject property. (Police Department)
22.13. At all times, Permit Applicant shall not prevent City of Cypress from having adequate
spectrum capacity on City's 800 MHz radio frequency. (Police Department)
22.14. Before activating its facility, Permit Applicant, AT &T Mobility, will submit to a post -
installation test to confirm that "advanced planning and frequency coordination" of the
facility was successful in not interfering with the City of Cypress' Public Safety radio
equipment. This test shall be conducted by a division - approved contractor at the
expense of Permit Applicant. This post - installation testing process shall be repeated for
every proposed frequency addition and /or change to confirm the intent of the "frequency
planning" process has been met. (Police Department)
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee Permit No. 2014 -01
Conditions of Approval
Page 9
22.15. Should substantiated complaints be received regarding signal interference, with the same or
surrounding properties or uses, caused by this antenna facility frequency, AT &T Mobility
shall make a good faith effort to coordinate the use of frequencies and equipment to
minimize (to the greatest extent possible) said interference. If interference issues are not
successfully addressed by AT &T Mobility, this permit may be modified and/or revoked,
subject to a public hearing by the City Council. (Planning)
22.16. This wireless communications facility shall comply with the federal requirements related to
Radio Frequency Emissions (RFE) and maximum exposure limits provided in Title 47 of
the Code of Federal Regulations, §1.1307, 1.1310, and 2.1093. (Planning)
22.17. Radio Frequency Emissions (RFE) documentation: The applicant shall self - certify, through
a written statement, that the RFE related to the proposed antenna facility shall comply with
FCC standards for such emissions. For wireless communications facilities, as well as co-
location facilities, located on properties which abut residentially zoned properties, an RFE
site compliance report shall also be provided for verification of compliance with FCC
standards for RFE. (Planning)
23. Alcohol N/A
24. Alcohol — On Sale General N/A
25. Alcohol — Off Sale Beer & Wine N/A
26. Fire - Residential N/A
27. Fire - Commercial
27.1. Prior to the issuance of a building permit, the applicant shall contact the Orange County
Fire Authority Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain a
"Hazardous Materials Business Information and Chemical Inventory Packet ". This shall
be completed and submitted to the Fire Chief prior to the issuance of a building permit.
(OCFA)
27.2. Prior to the issuance of a building permit, the applicant shall submit the following;
regarding any battery system for the electrical equipment, to the Orange County Fire
Authority for review and approval. (OCFA)
- Battery (service codes PR370- PR375), for any system containing an aggregate
quantity of electrolyte with hazard classification(s) in excess of the permit issuance
threshold amount listed in CFC Appendix Chapter 1, Section 105.
Effective: 5 -12 -2014
• Community Development Department • Planning Division •
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Exhibit "A"
Design Review Committee Permit No. 2014 -01
Conditions of Approval
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol
24. Alcohol — On Sale General
25. Alcohol — Off Sale Beer & Wine
26. Fire - Residential
27. Fire - Commercial
Page 10
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