Resolution No. 4478 343
RESOLUTION NO. 4478
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 95-7 - 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 17.2 of the Zoning Ordinance of the City of Cypress to allow a cellular
telephone transmission facility, consisting of a 60 foot high antenna and a 275 square-foot
underground electronic equipment vault, on the property located at 6431 Global Drive within
the PC-1 Planned Community Business Park 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 use is in accord with the
objectives of the Zoning Ordinance and the purpose of the zone in which the site is
located is:
Intended to encourage the establishment of compatible industries in areas
where it is deemed desirable to provide for limited manufacturing facilities
and to establish standards of design and type of use which will enhance
the area, be in harmony with the objectives of the General Plan and
minimize detrimental effects to the public health, safety and welfare; to
designate an area for modern industrial and research developments and
commercial uses that can meet high performance and development
standards, while benefiting the community through growth, prosperity and
providing an increasing supply of citizen employment and services; and
to allow diversification of specified land uses as they relate to each other
in a physical and environmental arrangement, while ensuring substantial
compliance with the overall goals of the City as identified in the various
elements of the General Plan.
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 public utility use is a conditionally permitted use
within the PC-1 Planned Community Business Park Zone.
(2) The proposed cellular telephone transmission facility is compatible
with surrounding office, warehouse, manufacturing, and public railroad uses.
(3) The cellular telephone facility will serve as public service for
cellular phone users located in, and passing through, the City of Cypress.
c. The proposed conditional use will comply with each of the applicable
provisions of the Lusk-Cypress Industrial Park Design Criteria and Development
Standards, and the Cypress Zoning Ordinance, including Variance No. 95-1 to allow an
antenna higher than fifty feet (50').
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 95-7, subject to the conditions
attached hereto as Exhibit "A."
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344
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8th day of May , 1995.
•
AYOR OF THE CITY OF 1, PRESS
ATTEST:
CITY K O H CI OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, 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 8th day of May , 1995, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Jones, Kerry
and Age
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
l(L14./ A;
C TY CLERK OF THE CITY OF CYPRESS
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345
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 95-7
6431 GLOBAL DRIVE
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. The developer 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 developer of any claim, action, or proceeding
brought within this time period. City shall further cooperate fully in the defense of the
action and should the City fail to either promptly notify or cooperate fully, developer shall
not thereafter be responsible to defend, indemnify, or hold harmless the City.
2. The developer'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.
3. The applicant/developer shall comply with all provisions of the Code of the City of
Cypress.
4. The applicant shall obtain a Cypress business license prior to commencement of the
cellular facility operation.
5. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Planning Department a check payable to the County Clerk in the amount
of Thirty-Eight Dollars ($38.00) County administrative fee, to enable the City to file the
Certificate of Fee Exemption in accordance with Fish and Game Code Section 711.4 with
the Notice of Determination required under Public Resources Code Section 21152 and
Title 14 of the California Code of Regulations. If, within such forty-eight (48) hour
period, the applicant/developer has not delivered to the Planning Department the check
required above, the approval for the project granted herein shall be void.
Community Development Department • Planning Division
346
Exhibit "A" Page 2
Conditional Use Permit No. 95-7
Conditions of Approval
ENGINEERING CONDITIONS
6. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink
on Mylar, signed by a registered California civil engineer and using actual grades from
an Orange County Surveyor's Benchmark shall be submitted for approval. A topography
of the area surrounding this development shall be made to establish existing drainage flow
patterns. If the existing natural flow of any adjoining parcel is across the land of this
development, a drainage easement shall be granted and drainage facilities provided for that
property to the satisfaction of the City Engineer. All onsite drainage conveyed to the
street shall be by means of an under-sidewalk drain. All lots shall have a slope gradient
of one percent (1%) minimum in landscape areas. In parking areas, AC shall have a
minimum slope gradient of one and one-half percent (1.5%) or as approved by the City
Engineer, and concrete shall have a minimum slope gradient of two-tenths percent. (.2%).
7. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
8. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
PLANNING CONDITIONS
9. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
10. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 95-7 will require an amendment to the conditional use permit.
11. 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 maintained is detrimental to the public health, safety, or welfare, or materially injurious
to properties or improvements in the vicinity.
12. Architectural elevations and site plans shall be reviewed and approved by the Planning
Department prior to the issuance of building permits.
Community Development Department • Planning Division
347
Exhibit "A" Page 3
Conditional Use Permit No. 95-7
Conditions of Approval
13. The project shall be constructed as illustrated on plans and renderings submitted. The
final color of the monopole shall be submitted to City staff for review and approval prior
to actually painting the structure.
14. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
Department for review and approval at least sixty (60) days prior to commencement of
the landscaping improvements. In addition, a bond shall be posted with the Public Works
Department to guarantee against defects in plant materials and workmanship.
15. Three (3) mature eucalyptus trees shall be planted within the existing tree wells along the
eastern property line. All required trees shall be a minimum box size and of a variety
approved by the Planning Director.
16. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
17. The applicant/developer shall not erect or display on the subject property any signs which
have not been approved in writing by the Planning Department.
18. All product and material storage shall occur within the underground equipment building.
Exterior storage is specifically prohibited.
19. Parking lot surfaces and pedestrian walkways 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.
20. The developer shall comply with all FAA requirements should any portion of the
development encroach within the 100 to 1 imaginary surface surrounding the Los
Alamitos Air Base. Encroachment within the 50 to 1 approach surface will require
approval by the FAA.
21. At least thirty (30) days prior to the issuance of building permits for any structure
penetrating the 100:1 imaginary surface, the project proponent shall submit FAA Form
7460-1, "Notice of Proposed Construction or Alteration" to the Chief, Air Traffic Division
of the appropriate FAA regional office. The project applicant will comply with all
appropriate FAA standards and requirements. The findings of the FAA will be
transmitted to the City of Cypress prior to the issuance of building permits.
22. Any feasible advancement in technology which may reduce the size of the pole, grid
panels, or microwave dishes shall be brought to the City Council for consideration at a
public hearing. Minor modifications of this type may be approved by the Design Review
Committee.
Community Development Department ■ Planning Division
348
Exhibit "A" Page 4
Conditional Use Permit No. 95-7
Conditions of Approval
23. Conditional Use Permit No. 95-7 shall be subject to a periodic review by the City Council
every three (3) years to determine if new technology can be applied to upgrade the facility
and its visibility from surrounding properties.
24. Any substantiated radio transmission interferences shall require a change in the cellular
transmission signal and/or equipment, subject to a public hearing before the City Council.
25. Any substantiated complaints or violations to these conditions may result in the
termination of this use, subject to a public hearing before the City Council.
26. If the cellular utility use ceases to exist at the site, the applicant shall remove all structures
and equipment from the lease property within six (6) months.
BUILDING CONDITIONS
27. Applicant/developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
28. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and/or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
29. Type 5 cement shall be used for all foundations and slabs on grade.
30. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
31. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other
pertinent information under good engineering practice.
32. The monopole /antennas shall be adequately grounded for protection against a lightning
strike.
33. A wind velocity test shall be required, if deemed necessary by the Building Official.
34. The monopole/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.
Community Development Department • Planning Division
349
Exhibit "A" Page 5
Conditional Use Permit No. 95-7
Conditions of Approval
35. The underground equipment enclosure shall be of a non-conbustible construction.
36. No advertizing material shall be permitted on the monopole, grid panels, or microwave
dishes.
Effective 05-08-95
Community Development Department • Planning Division