Ordinance No. 957128
ORDINANCE NO. 957
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA AMENDING APPENDIX I, ZONING, OF THE CODE OF THE
CITY OF CYPRESS AND AMENDING SECTION 13.4 REGARDING ANTENNAS
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS:
SECTION 1: The City Council of the City of Cypress finds and determines that revisions to the antenna
ordinance are necessary to respond to changes in the antenna and wireless communications industry.
Upon review of the attached City map (exhibit "A "), the City Council of the City of Cypress finds that
there are sufficient non - residentially zoned properties to accommodate future cellular, pcs and other
wireless antenna facility locations.
SECTION 2: Section 13.4 -2 Exempt antennas is hereby amended by adding subsection B to read as
follows:
B. All satellite dish antennas that do not exceed a maximum diameter of two feet (2'), which
are for receiving only, that comply with the building height limit for the zone in which
they are located and that comply with the criteria and performance standards of Section
13.4 -7.
SECTION 3: Section 13.4 -2.5 is hereby added to read as follows:
Section 13.4 -2.5. Two -tier permit process for wireless antennas.
Building or ground mounted cellular, pcs or other wireless antennas shall be considered a public
utility use subject to a conditional use permit except for such antennas which meet all the
following criteria shall be considered permitted accessory structures /uses subject to development
review.
A. Antennas shall not be located within a residential zone or on property used for residential
uses.
B. Antennas shall be of a stealth design whereby antenna panels are flush - mounted on a
building and painted to match; are incorporated into a design element such as an
identification monument, screen, architectural treatment or sign; or are incorporated into
the design of a light or utility pole.
C. Antennas shall also comply with the criteria and performance standards of Section 13.4 -7.
SECTION 4: Section 13.4 -3 Location of antennas in residential zones is hereby amended by adding
subsection H to read as follows:
H. All cellular, pcs and other wireless antennas are prohibited.
SECTION 5: Section 13.4 -4 Location of antennas in commercial zones is hereby amended by adding
subsection H to read as follows:
H. All cellular, pcs and other wireless antennas for which a conditional use permit is
required shall be located a minimum of three hundred feet (300') from any residential
zone.
SECTION 6: Section 13.4 -5 Location of antennas in industrial zones is hereby amended by adding
subsection H to read as follows:
H. All cellular, pcs and other wireless antennas for which a conditional use permit is
required shall be located a minimum of three hundred feet (300') from any residential
zone.
SECTION 7: Section 13.4 -6 Location of antennas in public and semi - public zones is hereby amended
by adding subsection H to read as follows:
H. All cellular, pcs and other wireless antennas for which a conditional use permit is
required shall be located a minimum of three hundred feet (300') from any residential
zone.
SECTION 8. Section 13.4 -7 Required criteria and performance standards is hereby amended by adding
subsections H, I, J, K and L to read as follows:
H. All cellular, pcs and other wireless antennas shall be designed to enhance the surrounding
physical environment by blending with the surrounding physical environment and being
as unobtrusive as possible.
I. Co- location of cellular, pcs and other wireless antennas shall be encouraged. Therefore,
lease agreements shall not include exclusive rights which would prohibit co- location
where it is technically feasible.
J. For all cellular, pcs and other wireless antennas for which a conditional use permit is
required, a faithful performance bond to ensure the removal of abandoned antenna
facilities shall be posted prior to the issuance of building permits.
K. Any conditional use permit for a cellular, pcs or other wireless antenna shall be reviewed
at least every five (5) years by the approving body. Such review shall focus on whether
changing technology has rendered the design obsolete.
L. All cellular, pcs and other wireless antennas which are located in, or use, the City's
public right -of -way shall be subject to applicable franchise fee ordinance provisions or
City lease agreement provisions.
SECTION 9: If any section, subsection, subdivision, sentence, clause or phrase, or portion of this
Ordinance, 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. 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, subdivision, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 8: The City Clerk is hereby authorized and directed to certify as the passage of this Ordinance
and to give notice thereof by causing copies of this Ordinance to be posted in three (3) public places
throughout the City.
FIRST READ at a regular meeting of the City Council of said City held on the 26th day of
August , 1996 and finally adopted and order posted at a regular meeting held on the
9th day of September 1996.
ATTEST:
Oh.
CLE OF THE CITY OF
CITY CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
MAYOR OF THE CITY OF CYPRESS
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, California DO HEREBY CERTIFY that the
foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City of Cypress,
held on the 9th day of September , 1996, by the following roll call vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
5
COUNCIL MEMBERS:
Age, Carroll, Jones, Kerry
and Bowman
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
2
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT A
CI'T'Y OIL' ( PRESS
COUNTY OF ORANGE, CALIFORNIA
4000
4500
5000
ti:
y./
5500 6000 6500
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