Ordinance No. 1109486
ORDINANCE NO. 1109
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING PROVISIONS OF THE CYPRESS
MUNICIPAL CODE RELATING TO TRANSIENT OCCUPANCY TAX &
WIRELESS COMMUNICATIONS FACILITIES.
NOW THEREFORE, the CITY COUNCIL of the CITY OF CYPRESS DOES
HEREBY ORDAIN as follows:
Section 1. Addition to Chapter 26, Taxation. Section 26 -33 is hereby added to
the Municipal Code of the City of Cypress to read, in its entirety, as follows:
"Section 26 -33. Pay First, Litigate Later.
No injunction or writ of mandate or other legal or equitable process shall
issue in any suit, action, or proceeding in any court against the city or any
officer thereof, to prevent or enjoin the collection of taxes sought to be
collected pursuant to this chapter and payment of all tax, interest, and
penalties shall be required as a condition precedent to seeking judicial
review of any tax liability imposed by this chapter."
Section 2. Amendment to Chapter 27, Undergrounding Utility Districts.
Section 27 -7(f) of the Municipal Code of the City of Cypress is hereby amended, in its
entirety, to read as follows:
"(f) Antennae and supporting structures, used by a utility for furnishing
communication services."
Section 3. Amendments to Appendix 1, Zoning, Article 3, Performance &
Development Standards, Section 16, Wireless Communications.
1. Appendix 1, Zoning, Article 3, Performance & Development Standards, Section
16, Wireless Communications, Section 3.16.060, Table 3 -9 of the Municipal Code of the
City of Cypress is hereby amended, under the column heading "Development
Standards," as follows:
"6. Maximum Number of Antennas per Parcel (including exempt
antennas)(b)"
"8. Wireless Communications Facilities (c)"
2. Appendix 1, Zoning, Article 3, Performance & Development Standards, Section
16, Wireless Communications, Section 3.16.060, Table 3 -9 of the Municipal Code of the
City of Cypress is hereby amended, in its end - notes. Existing end -note (b) is hereby re-
labeled end -note (c). There is hereby added a new end -note (b) to read, in its entirety,
as follows:
"(b) Any co- located antennas that meet the criteria of Government Code
§§ 65850.6 & 65964 shall be permitted as provided therein."
3. Appendix 1, Zoning, Performance & Development Standards, Section 16,
Wireless Communications, Section 3.16.080, of the Municipal Code of the City of
Cypress is hereby amended by deleting, in its entirety, sub - section (A)(5).
4. Appendix 1, Zoning, Article 3, Performance & Development Standards, Section
16, Wireless Communications, Section 3.16.090, of the Municipal Code of the City of
Cypress is hereby corrected as follows: Sub - section "D. Citizen band (CB) radio,"
should be correctly labeled "C. Citizen band (CB) radio."
5. Appendix 1, Zoning, Article 3, Performance & Development Standards, Section
16, Wireless Communications, Section 3.16.090, of the Municipal Code of the City of
Cypress is hereby corrected as follows: The phrase "Citizen band radio antennas shall
comply with requirements provided in paragraph C., items 4. through 9., above," should
be corrected to read "Citizen band radio antennas shall comply with requirements
provided in paragraph B., items 4. through 9., above."
6. Appendix 1, Zoning, Article 3, Performance & Development Standards, Section
16, Wireless Communications, Section 3.16.090, of the Municipal Code of the City of
Cypress is hereby corrected as follows: The reference in Sub - section 4. to "section 302
of the Communications Act of 1934," should be corrected to read "section 302a of the
Communications Act of 1934."
Section 4. Severability
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
ordinance, or the application thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this ordinance or its
application to other persons or places. The City Council hereby declares that it would
have adopted this ordinance, and each section, subsection, subdivision, sentence,
clause, phrase, or portion thereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portions, or the application
thereof to any person or place, be declared to be invalid or unconstitutional.
FIRST READ at a regular meeting of the City Council of the City of Cypress held
on the 10th day of August, 2009, and finally adopted and ordered posted at a regular
meeting held on the 24th day of August, 2009.
400
OF °CITY OF CYPRESS
ATTEST:
tGO e -n
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 24th day of August, 2009, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Luebben
16LIQa -vv)
CITY CLERK OF THE CITY OF CYPRESS
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