Ordinance No. 1119045
ORDINANCE NO. 1119
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING THE CYPRESS MUNICIPAL CODE, APPENDIX I —
ZONING, ARTICLE 3, SECTION 16 RELATING TO WIRELESS
COMMUNICATIONS (ANTENNA REGULATIONS).
WHEREAS, The City Council recognizes that wireless telecommunications facilities are
necessary to provide adequate wireless services to its residents, businesses, visitors, and public
safety agencies; and
WHEREAS, The City Council of the City of Cypress recognizes that the Federal
Telecommunications Act of 1996 (TCA) prohibits agencies from regulating "the placement,
construction, and modification" of wireless telecommunications facilities in such a way that it
would "prohibit or have the effect of prohibiting the provision of personal wireless services (47
U.S.C. § 332(c)(7)(B)(i)(II)); and
WHEREAS, the City Council recognizes that the location and collocation of cellular, PCS,
and other wireless antenna facilities is necessary to avoid signal coverage gaps and should be
encouraged on appropriate sites. However, appropriate sites which could accommodate the
height necessary and the City's required setbacks for said antennas is limited; and
WHEREAS, the City Council recognizes that the Cypress Zoning Ordinance needs to be
amended to provide less "prohibitive" development standards for wireless telecommunications
facilities, especially for stealth facilities, to provide opportunities for adequate signal coverage in
both commercial and residential areas of the City in compliance with the Federal
Telecommunications Act of 1996; and
WHEREAS, The City Council of the City of Cypress recognizes that the Federal
Telecommunications Act of 1996 (TCA) prohibits agencies from regulating the placement,
construction, and modification of wireless telecommunications facilities on the basis of
environmental effects of radio frequency (RF) emissions, to the extent that such facilities comply
with Federal Communications Commission (FCC) regulations (47 U.S.C. § 332(c)(7)(B)(iv)); and
WHEREAS, the City Council recognizes that the Cypress Zoning Ordinance needs to be
amended to address RF emissions related to wireless telecommunications facilities to ensure
compliance with the aforementioned provisions of the Federal Telecommunications Act of 1996,
whereby the wireless service provider shall provide to the City documentation to verify
compliance with FCC regulations pertaining to RF emissions from a wireless communications
facility, and to allow wireless facilities closer to residential properties where the facility is deemed
in compliance with FCC regulations; and
WHEREAS, the City Council recognizes that the Cypress Zoning Ordinance needs to be
amended to address the California Government Code § 65850, governing collocation of
wireless telecommunications facilities, and Section 65964; regulating removal performance
bonds, minimum duration of permits, and site ownership limitations; and
WHEREAS, the City Council recognizes that the Cypress Zoning Ordinance needs to be
amended to address definitions related to wireless telecommunications facilities, due to changes
in associated technology and legislation; and
WHEREAS, the City Council intends to bring the antenna provisions of the City Code into
compliance with current State and Federal Law as cited herein by amending Section 16,
Wireless Communications, of the City of Cypress Zoning Ordinance with regard to permitted
zoning districts, setback standards, application document requirements, performance standards,
and the addition of more types of wireless facilities that would be considered "stealth" in order to
ensure adequate opportunities for wireless telecommunication antenna facilities to locate and
collocate on properties deemed appropriate for such facilities; and
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WHEREAS, the City staff has researched similar wireless communications ordinances
from other cities such as Garden Grove, Orange, Fullerton, and Anaheim and has incorporated
the most appropriate provisions for the City of Cypress to comply with applicable Law. City staff
has analyzed the proposed Zoning Ordinance text amendment and has prepared a report
outlining facts and a recommendation related to the proposal, and has also presented the report
to the City Council on September 13, 2010, during a public meeting of the City Council.
NOW, THEREFORE, the City Council of the City of Cypress hereby ordain as follows:
Section 1: Section 3.16.020, Definitions, of the Cypress Zoning Ordinance is hereby
amended (refer to bolded text) to rename the following. specific definition titles to read in part as
follows:
"Wireless communications facility."
"Co- location (also known as Collocation)."
"Radio frequency radiation (RFR) emissions (RFE)."
Section 2: Section 3.16.020, Definitions, of the Cypress Zoning Ordinance is hereby
amended (refer to bolded text) to revise the following specific definitions to read in part as
follows:
"Monopole. A structure composed of a single spire used to support antennas and
related equipment. Monopole structures may also include stealth designs that
mimic light standards, flag poles and trees."
"Radio frequency emissions (RFE). ...electromagnetic fields (-E-PA-12) (EMF)."
"Stealth facility. A wireless communications facility that is designed to blend into
the surrounding environment and to be visually unobtrusive. Examples of stealth
facilities may include: architecturally screened roof - mounted and wall- mounted
antennas; facade- mounted antennas painted and treated as architectural elements
to blend in with an existing structure; and interior - mounted antennas fully
screened by an architectural feature such as a church steeple, bell tower,
spire, clock tower, cupola, or freestanding sign. Stealth facilities may also
include fully screened antennas mounted on or within monopoles that are
designed to mimic common urban features such as trees, light standards, or
flagpoles. Also known as concealed wireless communications facilities."
Section 3: Section 3.16.050, Approval Requirements, Subsection B.1, Wireless
communications facilities subject to design review, of the Cypress Zoning Ordinance is hereby
amended (refer to bolded text) to read in its entirety as follows:
"a.
Wireless communications facilities not located on a property within a
residential zoning district or on a property get used for residential purposes,
with the exception of stealth facilities located on residentially zoned
property containing a non - residential building and/or architectural
feature which would fully screen the antennas."
Section 4: Section 3.16.050, Approval Requirements, Subsection B.1.b.3, of the Cypress
Zoning Ordinance is hereby amended (refer to bolded text) to read in its entirety as follows:
"(3) Incorporated into the design of a light or utility pole, flag pole, or imitation
tree, which fully screens the antennas."
Section 5: Section 3.16.050, Approval Requirements, Subsection B.2, Wireless
communications facilities requiring a conditional use permit, of the Cypress Zoning Ordinance is
hereby amended (refer to bolded text) to read in part as follows:
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"2. Wireless communications facilities requiring a conditional use permit.
Wireless communications facilities (except stealth facilities) that are not
exempt or that are not considered allowed accessory structures /uses (e.g.,
building or ground- mounted cellular, PCS, or other wireless communications
facilities that exceed EIRP levels of 80 dBW) shall be subject to a conditional
use permit in compliance with subsection 4.19.070 (Conditional Use
Permits)"
Section 6: Section 3.16.060.A, Wireless communications facilities development
standards, Table 3 -9 Rows 2, 7 and 8, and footnotes, of the Cypress Zoning Ordinance is
hereby amended (refer to bolded text) to read in part as follows:
„
TABLE 3,9
ireless Communications Facilities
Development Standards
Development
Standards
Residential
ommercial
=Industrial
Public✓Serni- Public
2. Distance
from Other
Structures
10 feet
0 feet
10 feet
0 feet
10 feet
0 feet
10 feet
0 feet
7. Roof - mounted
Antennas
Allowed
No (d)
Yes, if mounted
on flat portion of
roof with
parapets or other
screening that
matches arch-
itectural features
of structure.
'Yes, if mounted on
flat portion of roof
with parapets or
other screening
that matches arch-
itectural features of
structure.
Yes, if mounted on
flat portion of roof
with parapets or
other screening
that matches
architect -ural
features of
structure.
8. Wireless
Communications
Facilities (b)
Prohibited
(d)
Design Review
Committee
Permit required
for stealth
facilities;
Conditional Use
Permit required
for non - stealth
facilities, and
minimum
setback ratio of
300 ft. 1:1 from a
residential zoning
district (1 foot
setback for
each foot of the
antenna
structure's
height as
measured from
ground level).
Design Review
Committee Permit
required for
stealth facilities;
Conditional Use
Permit required for
non - stealth
facilities, and
minimum setback
ratio of 300 ft. 1:1
from a residential
zoning district (1
foot setback for
each foot of the
antenna
structure's height
as measured from
ground level).
Design Review
Committee
Permit required
for stealth
facilities;
Conditional Use
Permit required
for non - stealth
facilities, and
minimum setback
ratio of 300 ft. 1:1
from a residential
zoning district (1
foot setback for
each foot of the
antenna
structure's
height as
measured from
ground level).
Section 7: Section 3.16.060.A, Wireless communications facilities development
standards, Table 3 -9, of the Cypress Zoning Ordinance is hereby amended (refer to bolded text)
by revising end -note (c) and adding end -note (d) to read in entirety as follows:
"(c) Wireless communications facilities that meet criteria specified in section
3.16.050B.1. (Two -tier permit process for wireless communications facilities)
shall not be subject to the Conditional Use Permit and residential setback
requirements.
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(d) Exception: Stealth facilities incorporated onto a permitted non-
residential building and/or similar architectural feature located on a
residentially zoned property, subject to Design Review Committee
Permit approval."
Section 8: Section 3.16.070.C, Undergrounding of electrical utilities, of the Cypress
Zoning Ordinance is hereby amended (refer to bolded text) to read in its entirety as follows:
"C. Undergrounding of electrical utilities wiring. Electrical wiring
associated with an antenna shall be buried underground or hidden in
a manner acceptable to the director. This section does not apply
to antennae and their supporting structures or associated
equipment used by a utility for furnishing communication
services, consistent with Section 27 -7(f) of the Cypress
Municipal Code."
Section 9: Section 3.16.070, Development Standards, of the Cypress Zoning Ordinance
is hereby amended (refer to bolded text) by adding subsection H, Collocation facilities, to read in
its entirety as follows:
"H. Collocation facilities. A collocation facility shall be subject to the
provisions set forth in the California Government Code, Section
65850.6, as is amended from time to time. A collocation facility shall
be subject to the City's design and development standards contained
herein, to the extent allowed in compliance with the aforementioned
California Government Code Section."
Section 10: Section 3.16.070, Development Standards, of the Cypress Zoning
Ordinance is hereby amended (refer to bolded text) by adding subsection I, Radio frequency
emissions (RFE) compliance, to read in its entirety as follows:
"I. Radio frequency emissions (RFE) compliance. All wireless
communications facilities shall comply with the federal requirements
related to RFE and maximum exposure limits provided in Title 47 of the
Code of Federal Regulations, Sections 1.1307, 1.1310, and 2.1093."
Section 11: Section 3.16.080.A, Application Requirements, of the Cypress Zoning
Ordinance is hereby amended (refer to bolded text) by adding a sentence to the end of
subsection 4, Performance Bond, to read in part as follows:
"4. Performance Bond. ...The bond security shall comply with the provisions
set forth in the California Government Code, Section 65964."
Section 12: Section 3.16.080.A, Application Requirements, of the Cypress Zoning
Ordinance is hereby amended (refer to bolded text) by adding subsections 5, Signal
propagation maps and 6, Radio frequency emissions (RFE) documentation, to read in their
entirety as follows:
"5. Signal coverage maps. Both before and after project maps shall
illustrate the signal gap being addressed by the proposed project, and
shall show the locations of alternative sites that were considered to fill
the signal gap. A list of the alternative sites and the reason(s) for their
removal from consideration shall accompany the maps.
6. Radio frequency emissions (RFE) documentation. The applicant shall
self- certify through a written statement that the RFE related to a
proposed antenna facility shall comply with FCC standards for such
emissions. For wireless communications facilities, as well as
collocation 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."
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Section 13: Section 3.16.080.B, Condition attached to conditional use permit reviewed
every five (5) years, of the Cypress Zoning Ordinance is hereby amended (refer to bolded text)
by adding a sentence to the end of this subsection to read in part as follows:
"B. Condition attached to conditional use permit reviewed every five (5) years.
... This review is intended to provide an opportunity to modify the permit for
aesthetic up- grades periodically and, therefore, shall not be considered the
expiration or a limit on the duration of a conditional use permit, in
compliance with the provisions set forth in the California Government Code,
Section 65964."
Section 14: Severability. The City Council declares that, should any provision, section,
paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain
in full force and effect.
Section 15: The City Council hereby finds that:
a. The proposed zoning ordinance text amendment is consistent with the goals,
policies, and objectives of the Cypress General Plan; and
b. The proposed zoning ordinance text amendment is internally consistent with the
remainder of the Cypress Zoning Ordinance text.
c. Because the proposed zoning ordinance text amendment will require review of
individual antenna projects as applicable (including any environmental analysis required by the
California Environmental Quality Act), no properties will be adversely affected by the adoption of
this ordinance.
d. In accordance with the California Environmental Quality Act (CEQA) Guidelines,
the proposed zoning ordinance text amendment is exempt pursuant to Section 15061 (b) (3) of
said Guidelines.
Section 16: The City Clerk of the City of Cypress shall certify to the passage and
adoption of this ordinance and the same shall be posted as required by law and shall take effect
as provided by law.
FIRST READING at a regular meeting of the City Council of said City held on the 13th
day of September, 2010, and finally adopted and order posted at a regular meeting held on the
27th day of September, 2010.
ATTEST:
MJ/Lcae__ ai.to,exaAir,
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on
the 27t" day of September, 2010, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLERK OF THE CITY OF CYPRESS