Resolution No. 6756376
RESOLUTION NO. 6756
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 3152 - 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 conditional use permit in accordance with
the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to allow
the construction of a 50 -foot tall monopalm-design antenna structure and a 288 square -foot
ground -mounted equipment enclosure located at 4110 Lincoln Avenue within the PC
(Planned Community) Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law.
3. That the City Council hereby finds that:
a. The proposed location of the conditional wireless antenna use is in
accord with the objectives of the Zoning Ordinance and the purpose of the PC
(Planned Community) Zone in which the site is located, which is:
Intended to provide opportunity for the design and development of
integrated, master -planned projects in areas of the city which may
benefit from special design standards and land uses not otherwise
possible under conventional zoning district regulations; and intended
to permit a mix of land uses, planned commercial developments and
business parks, and a variety of housing styles and densities.
b. The proposed location of the conditional use 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 proposed project will meet all applicable development
standards for wireless antenna facilities, including minimum setbacks and
maximum height in the zone.
(2) The proposed wireless antenna project, including an imitation
palm tree antenna support structure and a decorative block masonry
enclosure, will be consistent with the design guidelines for the Lincoln Avenue
Specific Plan area. The palm tree design will also be compatible with other
tall trees in the area, including the surrounding properties and streetscape.
(3) The proposed wireless antenna project will provide additional
personal and emergency wireless communications capacity in the Cypress
area.
(4) No bright, shiny, garish, or reflective material materials will be
used on the proposed antenna facility.
(5) The proposed wireless antenna facility location will not conflict
with onsite vehicle circulation or parking.
(6) Based on the available information regarding electromagnetic
frequency (EMF) emissions, this antenna facility will not generate EMF levels
considered harmful by the Federal Government.
(7) The proposed project is conditioned such that, if substantiated
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complaints are received that the antenna facility is causing an adverse impact
on surrounding properties or uses, the City Council may modify and/or revoke
the Conditional Use Permit subject to a hearing (Condition No. 2.3).
(8) No complaints have been received regarding the existing
wireless antenna facilities in Cypress.
C. The proposed conditional wireless antenna use will comply with each
of the applicable provisions of the Zoning Ordinance, as well as the Lincoln Avenue
Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 3152, 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 of the City of Cypress at a regular
meeting held on the 12th
day of November, 2019.
MAYOR O HE CITY F CYPRESS
WN-PRU
\ A hl
CITY CLERK OFT E CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, ALISHA FARNELL, 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 November, 2019, by the following roll call vote:
AYES:
4
COUNCIL MEMBERS:
Peat, Yarc, Johnson and Berry
NOES:
0
COUNCIL MEMBERS:
None
ABSENT:
1
COUNCIL MEMBERS:
Morales
\A-Llal�p
CITY C `E OF THE CITY OF CYPRESS
378
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 3152
(Monopalm Antenna Facility)
4110 Lincoln Avenue
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 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 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. The applicant shall obtain a Cypress business license prior to commencement of the business
operation. (Finance)
1.6. All applicable conditions of the project shall be complied with prior to final release of the
building permit for the project. (Planning)
1.7. 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
Conditional Use Permit will require an amendment to the conditional use permit. (Planning)
2.3. This conditional use 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
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maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity. (Planning)
2.4. This antenna project shall be limited to: 1) construction of a monopalm-type
freestanding antenna support pole, not exceeding 50 feet in height at the top of the
imitation palm tree foliage; 2) installation of twelve directional panel antennas; 3) one
GPS antenna; associated radio units and surge protectors; and 4) associated electrical
equipment fully screened by a 12' x 24' stucco -finish masonry enclosure, painted to
match the adjacent building or other compatible color. (Planning)
3. Architectural
3.1. Architectural elevations and site plans shall be reviewed and approved 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
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure. (Planning)
3.3. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.4. The transformer boxes shall be placed in locations acceptable to the Director of Community
Development and shall be adequately screened from view with plant materials. (Planning)
3.5. During construction, the developer shall provide an adequate number of trash bins at a
location acceptable to City staff. Construction bins must be maintained onsite. Bin rental
shall be contracted through the City's disposal services contractor. (Planning)
4. Signage
4.1. Maintenance and emergency contact information shall be posted on or near the
entrance gate of the equipment enclosure. (Planning)
5. Landscaping
5.1. Any surrounding landscaping and/or irrigation materials that are damaged during
construction of this project shall be replaced like -for -like prior to final sign of the
building permit for the project. (Planning)
6. Operational
6.1. All equipment storage shall occur within the masonry enclosure. Exterior storage
outside of the enclosure is specifically prohibited. (Planning)
6.2. The City Council shall maintain the right to review the service hours of antenna facility and
may, subject to a public hearing, limit the hours should substantiate complaints be received
that the service hours are creating an adverse impact upon neighboring properties. (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. (Planning)
7.2. Parking lot surfaces and pedestrian walkways within the antenna project 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.
Any driveways or parking lot surfaces which are disturbed by the project shall be
repaired to the satisfaction of the Planning Division prior to final release of the building
permit for the project. (Planning)
El
M
7.3. The two parking spaces affected by the installation of this facility will be restriped in a
location determined to be acceptable by the City prior to final release of the building
permit for the project. These new spaces will be shown on plans submitted for
construction permits. (Planning)
7.4. The property owner or antenna purveyor shall maintain the antenna facility lease area
and publically viewable exterior walls equipment enclosure clear of all graffiti. All
graffiti shall be removed within 24 to 48 hours once notified in writing by the City.
(Planning)
7.5. The antenna purveyor's contractor shall apply on the exterior of the equipment
enclosure walls an anti -graffiti material of a type and nature that is acceptable to the
public works director/city engineer.
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6182, as noted below.
(Engineering)
- Building Plan Check (Prior to submittal of Plans)
- Building Permit and Inspection (Prior to Permit issuance)
- Public Improvement Permit and Inspection (Prior to Permit issuance)
8.2. Within 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 $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 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
9.1. That all engineering requirements of the City of Cypress, including preparation of
improvement plans and installation of all improvements such as curbs and gutters, sidewalks,
street grading and pavement, sewer and drainage facilities, or other appurtenant work shall
be complied with as required by the City Engineer and in accordance with specifications on
file in the Office of the City Engineer, as may be modified by the City Engineer; and, that
security in the form of a bond, certificate of deposit, letter of credit, completion guarantee, or
cash, in an amount and form satisfactory to the City of Cypress, shall be posted with the City
to guarantee the satisfactory completion of said improvements. Said security shall be posted
with the City prior to the issuance of a building permit or final map approval, whichever
occurs first, to guarantee the installation of the related improvements prior to final building
and zoning inspections in accordance with an approved construction phasing plan. These
requirements may be modified by a Development Agreement between the City of Cypress
and the applicant with respect to improvements to be implemented by the applicant. In the
event the developer's contractor and/or subcontractor fails to diligently prosecute the work
within the public right-of-way, the City reserves the right, in its reasonable discretion, to issue
a stop work notice and to provide a substitute contractor and/or subcontractor to complete
said work at the sole cost and expense of developer. (Engineering)
9.2. Prior to any street construction or relocation, when there are monuments in the project area
which control the location of subdivisions, streets or highways, or provide survey control, the
developer shall locate and reference the monuments and shall reset them after construction
as required by Section 8771 of the Business and Professions Code, in a manner meeting the
approval of the City Engineer. (Engineering)
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 a certificate of occupancy, the applicant shall remove and replace any
existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of the
City Engineer. (Engineering)
15. Subdivisions - N/A
16. Traffic - N/A
17. Utilities
17.1. Prior to issuance of a certificate of occupancy, the applicant shall install all new and
existing utility services underground. (Engineering) (t ill titilitics)
18. Drainage - N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System - N/A
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2016 California Residential, Building, Plumbing, Electrical, and Mechanical Codes,
the 2016 California Green Building Standards Code, Title 24, and the City of Cypress Codes.
(Building & Safety)
20.2. Grading, demolition, 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. If complaints
are received regarding noise from grading or demolition, further restrictions may be
imposed on the start time of construction by the Director of Community Development,
up to a 9:00 a.m. start time. 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. Applicant/developer shall use fire retardant wood shingles for the roof, if applicable.
(Building & Safety)
20.6. 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)
20.7. 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)
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20.8. Building plans shall be stamped by a licensed engineer. (Building & Safety)
20.9. Prior to the issuance of a building permit, a security deposit of $1.00 per square foot of
building area with a minimum of $1,000 and maximum of $50,000, shall be provided to
the City to guarantee completion of the required construction and demolition waste
management plan and reporting. The security deposit shall be held by the City until a final
waste diversion report has been completed and approved. Failure to comply with the
diversion requirements set forth in the California Building and Cypress Municipal Codes
will result in forfeiture of the security deposit. Additional penalties and/or legal action
may be taken in the event of improper disposal of construction and demolition waste or
violation of the City's construction and demolition Ordinance. (Building & Safety)
21. Security — N/A
22. Antennas
22.1. Antennas shall be installed and maintained in compliance with the requirements of the
California 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. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish,
or reflective. (Planning)
22.5. 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 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)
22.6. A wind velocity test shall be required, if deemed necessary by the Building Official. (Building
& Safety)
22.7. 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)
22.8. Conditional Use Permit No. 3152 for a 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, or if maintenance is needed for the
pole, antennas, imitation foliage, or equipment enclosure. Maintenance actions shall include
but not be limited to: re -painting the pole or antennas, replacing imitation foliage, graffiti
removal, and replacing damaged masonry walls. (Planning)
22.9. 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)
22.10. At all times, AT&T shall not prevent City of Cypress from having adequate spectrum
7
capacity on City's 800 MHz radio frequency. (Police Department)
22.11. Before activating its facility, AT&T 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 the Communications Division of the Orange County Sheriff -Coroner
Department or 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)
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire — N/A
26. Solid Waste — N/A
Effective: 11/12/2019
SECTIONS
I. 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 — On Sale
24. Alcohol — Off Sale
25. Fire
26. Solid Waste
0
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