Resolution No. 6415RESOLUTION NO. 6415
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2002 -13
- WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed by AT &T Mobility, requesting an amendment to
the existing Conditional Use Permit No. 2002 -13, in accordance with the provisions of
4.19.070.1 of the Zoning Ordinance of the City of Cypress to allow the expansion of the
lower antenna array and equipment enclosure of an existing monopine -type
telecommunications antenna facility, including a maximum of 12 antenna panels and
related ground- mounted electrical equipment within an expanded 200 square -foot
masonry enclosure, located at 41291/2 Ball Road within the CG Commercial General 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 CG Commercial General
Zone in which the site is located, which is:
Intended as an area which provides for the continued use, expansion,
and new development of a wide variety of retail and wholesale
commercial enterprises, service uses, entertainment uses, and
similar businesses.
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 antenna facility modification /expansion is a
conditionally permitted use within the CG Commercial General Zone.
(2) As designed and conditioned, the proposed
modification /expansion of the existing second (lower) telecommunications
antenna facility at the subject site is compatible with surrounding commercial
and residential uses.
(3) The proposed modification /expansion of the existing second
(lower) telecommunications antenna facility will allow the new operator to
provide additional telecommunication service and up- graded technology for
wireless telephone users located in, and passing through, the City of
Cypress.
(4) As proposed, the modification /expansion of the existing
second (lower) telecommunications antenna facility will be located and
designed so as to maintain minimal visual impact on surrounding properties
and from public streets.
(5) The materials used in the construction of the proposed
modification /expansion of the existing second (lower) telecommunications
antenna facility will not be bright, shiny, garish, or reflective.
(6) The proposed modification /expansion of the existing second
(lower) antenna array and electrical equipment enclosure will be placed in
an area which does not displace or conflict with onsite parking and vehicle
circulation.
362
363
(7) Based on the available information regarding electromagnetic
radiation emissions, this facility modification /expansion will not generate
radiation levels considered harmful by the Federal Government.
(8) The proposed antenna facility modification /expansion project
will be conditioned such that, should substantiated complaints be received
that the subject facility is causing adverse impacts on surrounding properties
or uses, the City Council may modify and /or revoke the subject conditional
use permit, subject to a public hearing.
(9) No complaints have been received regarding the existing
wireless telecommunications antenna facilities located at the subject site or
in other areas of the City of Cypress.
c. The proposed modification /expansion of said existing conditional use
will comply with each of the applicable provisions of the Zoning Ordinance, except
the previously approved Variance No. 2001 -04 pertaining to the setbacks of the
existing antenna support structure.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve the Amendment to Conditional Use Permit No.
2002 -13, 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 28th day of April, 2014.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYO F THE CITY OF CYPRESS
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 28th day of April, 2014, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
364
EXHIBIT "A"
Amendment to Conditional Use Permit No. 2002 -13
4129 '/2 Ball Road
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 City of Cypress Code. (Planning)
1.5. The applicant and/or contractor shall obtain a Cypress business license prior to conducting
business in the City of Cypress. (Finance)
1.6. All applicable conditions of the project shall be complied with prior to final sign -off of the
building permit for this project. (Planning)
• Community Development Department • Planning Division •
365
Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
Page 2
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. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit Amendment will require an amendment to the conditional use
permit. (Planning)
2.2. Should substantiated complaints be received, this conditional use permit may be modified
and /or revoked, subject to a public hearing. (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
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity. (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. All antenna equipment shall be adequately screened from public view subject to the
approval of City staff. Noise bafflers and/or deflectors may be required on mechanical
equipment such as air conditioners and /or generators mounted outdoors to the satisfaction
of City staff. (Planning)
3.4. The final design of the modified monopine -style antenna and the masonry enclosure
wall (architectural elevations and site plans) shall be submitted for review and
approval by the Community Development Department prior to the issuance of
building permits. The type, density, and color of the new pine foliage and screening
material shall be subject to Planning Division review and approval. (Planning)
3.5. The antenna panels shall be mounted as close as possible to the pole support
structure. The antenna panels shall not project beyond the foliage of the monopine.
The imitation pine foliage shall be of sufficient density to screen the antenna panels as
much as possible. Any existing branches which are displaced by the
modification /expansion of the second antenna array shall be replaced on the pole with
branches designed to screen the new antennas, to the satisfaction of the Director of
Community Development. (Planning)
• Community Development Department • Planning Division •
366
Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
Page 3
3.6. The materials on the electrical equipment enclosure wall shall be constructed and
treated with materials to match the brick treatment on the existing commercial bank
building and existing enclosures located on the same property. The final exterior
materials and color scheme shall be submitted to City staff for review and approval
prior to issuance of building permits. A sealer shall be applied to the masonry on the
equipment enclosure to prevent mineral stains. (Planning)
4. Signage N/A
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
Division for review and approval at least 60 days prior to final sign -off of the building
permit. In addition, a bond shall be posted with the Public Works Department to guarantee
against defects in plant materials and workmanship for a period of one year from
acceptance of the landscape installation. All required landscaping shall be permanently
maintained in a neat and orderly condition. (Planning)
5.2. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Director of Community Development. (Planning)
5.3. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas. (Planning)
6. Operational
6.1. All product and material storage shall occur within the masonry enclosure. Exterior storage
is specifically prohibited. (Planning)
6.2. The City Council shall maintain the right to review the service hours of operation and may,
subject to a public hearing, limit the service hours should substantiated 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. The antenna lease area shall be maintained free of the accumulation of trash and debris.
Trash and debris associated with the permitted uses are to be stored solely in designated
trash enclosures. (Planning)
• Community Development Department • Planning Division •
367
Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
8. Fees
Page 4
8.1 Within forty-eight (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 Fifty Dollars ($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 forty-eight (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 N/A
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 final sign -off of the building permit, the applicant shall remove and replace any
existing public improvements at the development site which are damaged due to
construction, to the satisfaction of the Engineering Division Manager. (Engineering)
15. Subdivisions N/A
16. Traffic N/A
17. Utilities N/A
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 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
• Community Development Department • Planning Division •
368
Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
Page 5
20.2. Grading 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. 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. Building plans shall be stamped by a licensed engineer. (Building & Safety)
21. Security N/A
22. Antennas
22.1. 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.
(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. No portion of an antenna array shall extend beyond the property lines or into any front yard
area. Guy wires may be attached to the building but shall not be anchored within any front
yard area. (Planning)
22.5. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective. (Planning)
22.6. 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)
• Community Development Department • Planning Division •
369
Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
Page 6
22.7. A wind velocity test shall be required, if deemed necessary by the Building Official.
(Building & Safety)
22.8. 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)
22.9. A faithful performance bond to ensure the removal of abandoned antenna facilities shall be
posted prior to the issuance of building permits. (Planning)
22.10. Conditional Use Permit No. 2002 -13 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. (Planning)
22.11. 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)
22.12.The applicant /antenna operator recognizes that the frequencies used by the cellular
facility located at 4129 '/2 Ball Road are extremely close to the frequencies used by the
City of Cypress for public safety. This proximity will require extraordinary
"comprehensive advanced planning and frequency coordination" engineering measures
to prevent interference, especially in the choice of frequencies and radio ancillary
hardware. This is encouraged in the "Best Practices Guide" published by the
Association of Public - Safety Communications Officials - International, Inc. (APCO), and
as endorsed by the Federal Communications Commission (FCC). Prior to the issuance
of any permits to install the facility, the antenna operator shall meet in good faith to
coordinate the use of frequencies and equipment with the Communications Division of
the Orange County Sheriff - Coroner Department to minimize, to the greatest extent
possible, any interference with the Public Safety 800 MHz Countywide Coordinated
Communications System (CCCS). Similar considerations shall be given to any other
existing or proposed wireless communications facility that may be located on the subject
property. (Police Department)
22.13. At all times, Permit Applicant shall not prevent City of Cypress from having adequate
spectrum capacity on City's 800 MHz radio frequency. (Police Department)
22.14. Before activating its facility, Permit Applicant 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)
• Community Development Department • Planning Division •
370
Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
Page 7
22.15. The applicant/developer shall comply with any applicable FAA requirements related to the
height of the monopole -type antenna structure (i.e. flashing beacon requirements).
(Planning)
22.16. Any substantiated complaints regarding radio transmission interference shall require a
change in the wireless telecommunications transmission signal and/or equipment that
eliminates any interference with emergency communications, subject to a public hearing
before the City Council. (Planning)
22.17. Any temporary generators associated with the testing of the antenna facility shall comply
with the provisions of the Cypress Noise Ordinance. (Planning)
22.18. The antenna facility modification and expansion (approved on April 28, 2014) shall be
limited to: a) increasing the number of antenna panels from six to twelve; b)
increasing antenna panels length from four feet to six feet; c) increasing the length of
the equipment enclosure to 20'2 "; d) installation of two additional equipment
cabinets; and e) replacement of displaced landscape planters adjacent to the west end
of the equipment enclosure. All antennas and equipment shall remain fully screened
(by imitation foliage and enclosure walls, respectively) from surrounding ground -level
and street views. The replacement antenna panels shall be painted to match and
covered with "pine foliage socks" to camouflage the larger antennas. Any existing
broken, damaged, or insufficient length branches on this monopine shall be replaced
in conjunction with this upgrade to the lower antenna array, to the satisfaction of the
Planning Manager. (Planning)
22.19. The proposed equipment enclosure expansion shall match the brown brick material
on the existing, adjacent, equipment enclosure and trash enclosure structures.
(Planning)
23. Alcohol N/A
24. Alcohol — On Sale General N/A
25. Alcohol — Off Sale Beer & Wine N/A
26. Fire - Residential N/A
27. Fire - Commercial N/A
Effective: 4 -28 -2014
• Community Development Department • Planning Division •
371
Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
SECTIONS
1. 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
24. Alcohol — On Sale General
25. Alcohol — Off Sale Beer & Wine
26. Fire - Residential
27. Fire - Commercial
Page 8
• Community Development Department • Planning Division •