Resolution No. 6480RESOLUTION NO. 6480
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE
PERMIT NO. 2009 -01 - 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 amendment in
accordance with the provisions of 4.19.070.1 of the Zoning Ordinance of the City of
Cypress to allow an expansion of an existing monopalm- design antenna facility located at
6046' 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 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) Wireless telecommunications facilities are permitted within the
PC Zone, subject to a conditional use permit.
(2) The proposed project would meet all applicable development
standards for antenna facilities, including minimum setbacks and maximum
height.
(3) As designed and conditioned, the proposed
modification /expansion of the existing monopalm- design antenna facility
would be consistent with the design guidelines for the CV Campus Village
District of the applicable Lincoln Avenue Specific Plan and the surrounding
commercial uses located within the same District and the PC Zone.
(4) The proposed modification /expansion of the existing
telecommunications antenna facility would facilitate improved quality and
capacity for personal telecommunications service in the vicinity of the project
site.
(5) The proposed modification /expansion of the existing wireless
telecommunications transmission facility would be located so as to minimize
the visual impact on surrounding properties and from public streets.
(6) The materials used in the construction of the proposed
modification /expansion of the existing wireless telecommunications
transmission facility would not be bright, shiny, garish or reflective.
(7) The proposed location of the modification /expansion of the
existing antenna facility would avoid conflicts with parking and vehicle
circulation.
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(8) Based on the available information regarding electromagnetic
frequency (EMF) emissions, this modification /expansion of the existing
antenna facility would not generate EMF levels considered harmful by the
Federal Government.
(9) The proposed antenna modification /expansion project is
conditioned such that, should substantiated complaints be received that the
subject antenna 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.
(10) No complaints have been received regarding the existing
wireless telecommunications transmission facilities located in the City of
Cypress.
c. The proposed modification /expansion of said existing conditional use
will comply with each of the applicable provisions of the Cypress Zoning Ordinance
and the Lincoln Avenue Specific Plan.
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.
2009 -01, subject to the amended 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 Coun ' of e City of Cypress, at a regular
meeting held on the 10th day of November, 2014.
ATTEST:
C 1 x)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYO OF 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 10th day of November, 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
244
EXHIBIT "A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2009-01
6046'/: Lincoln Avenue
(AT &T Antenna Modification)
CONDITIONS OF APPROVAL
Notes:
Regular text denotes existing conditions of approval which are still applicable to this permit.
Bolded italics denote revised text on existing conditions, as applicable to this amendment`
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 fifteen (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 shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.4. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to modification of any batteries associated with the electrical equipment. (Planning)
1.5. 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)
1.6. All applicable conditions of Conditional Use Permit No. 2009 -01 (as amended on 11 -10-
2014) shall be complied with prior to final sign -off of the building permit for the antenna
structure modification. (Planning)
2. Planning
2.1. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to Conditional Use Permit No. 2009 -01
(as amended on 11 -10- 2014). (Planning)
• Community Development Department • Planning Division •
245
246
Exhibit "A"
Amendment to Conditional Use Permit No. 2009 -01
Conditions of Approval
Page 2
2.2. 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. The approved antenna project shall include and be limited to: 1) a monopalm -type
freestanding telecommunications antenna tower not exceeding 50 feet tall (including the
top of the imitation foliage); 2) installation of twelve, eight-feet-long directional panel
antennas and two GPS antennas mounted on the pole structure; 3) four ground - mounted
electrical equipment cabinets and accessory electrical panels; and 4) an eight foot tall block
wall enclosure (15' x 25'). The masonry wall shall fully screen the equipment from ground
level view. The antenna panels shall be painted to match the color of the imitation palm
fronds. The density of the palm fronds shall be designed to the fullest extent possible to
provide maximum screening of the antenna array panels and supporting structure. The
imitation palm fronds shall extend beyond the diameter of the antenna array.
Acceptance of the antenna screening foliage shall be subject to final inspection and
approval by the Community Development Department. (Planning)
3.4. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.5. All equipment, such as electrical equipment associated with the antenna facility, shall be
adequately screened from public view within the equipment enclosure walls subject to the
approval of City staff Noise bafflers and /or deflectors shall be constructed on all
mechanical equipment mounted outdoors, to the satisfaction of City staff. Air Conditioning
units shall comply with the Cypress Noise Ordinance. (Planning)
3.6. The transformer boxes and water valves shall be placed in locations acceptable to the
Director of Community Development and shall be adequately screened from view with
plant materials. (Planning)
4. Signage — N/A
• Community Development Department • Planning Division •
247
Exhibit "A"
Amendment to Conditional Use Permit No. 2009 -01
Conditions of Approval
5. Landscaping
Page 3
5.1. The existing live mature palm tree located on the southwest corner of the property shall be
maintained at its existing location to offset the scale of the new monopalm antenna
structure. The dead palm fronds on the existing tree shall be trimmed and maintained
according to the industry standard (subject to City approval). If the mature palm tree is
damaged or dies, it shall be removed and replaced with another mature palm tree of
comparable size and height. (Planning)
5.2. A three- foot -wide landscape planter strip shall be maintained outside the front (north) wall
of the equipment enclosure facing the street. The shrubs in this planter shall be of a
height sufficient to prevent graffiti on the wall. (Planning)
5.3. All required landscaping shall be permanently maintained in a neat and orderly condition.
(Planning)
5.4. 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 equipment enclosure. Exterior
storage is specifically prohibited. (Planning)
6.2. Outside buzzers, alarms, and similar devices which are audible on adjoining properties are
hereby prohibited. (Planning)
6.3. The City Council shall maintain the right to review the service hours of the antenna facility
and may, subject to a public hearing, limit the hours should substantiated complaints be
received that the business 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 located within the antenna purveyor's 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.
(Planning)
7.3. The antenna facility lease area shall be maintained free of the accumulation of trash and
debris. (Planning)
• Community Development Department • Planning Division •
248
Exhibit "A"
Amendment to Conditional Use Permit No. 2009 -01
Conditions of Approval
Page 4
7.4. The antenna purveyor shall maintain the antenna facility clear of all graffiti, including the
antenna support structure and the equipment enclosure walls. All graffiti shall be removed
within 24 to 48 hours once notified in writing by the City. (Planning)
8. Fees
8.1. The applicant shall pay the following fees as noted below. (Building)
- Building Plan Check (Prior to Submittal of Plans) (B &S)
- Building Permit and Inspection (Prior to Permit Issuance) (B &S)
8.2. 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 — N/A
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
• Community Development Department • Planning Division •
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Exhibit "A"
Amendment to Conditional Use Permit No. 2009 -01
Conditions of Approval
20. Building and Safety
Page 5
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)
20.2. 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
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. Maintenance and emergency contact information shall be posted on or near the entrance of
the equipment enclosure. (Planning)
22.4. All electrical wiring associated with any antenna shall be placed underground or hidden in a
manner acceptable to the Director of Community Development. (Planning)
22.5. No portion of an antenna array shall extend beyond the property lines or into any front yard
area. (Planning)
22.6. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective. (Planning)
22.7. 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 •
250
Exhibit "A"
Amendment to Conditional Use Permit No. 2009 -01
Conditions of Approval
Page 6
22.8. A wind velocity test may be required, if deemed necessary by the Building Official.
(Building & Safety)
22.9. 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)
22.10. A faithful performance bond to ensure the removal of abandoned antenna facilities shall be
posted and maintained on file with the City Clerk. The bond amount shall be based on a
current estimate of cost for said removal by a contractor licensed in the applicable field of
construction. (Planning)
22.11 Conditional Use Permit No. 2009 -01 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 aesthetic
maintenance /improvements are warranted. (Planning)
22.12. 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)
22.13.AT &T Mobility recognizes that the frequencies used by the cellular facility located at
6046'/2 Lincoln Avenue 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, AT &T Mobility 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)
22.14. At all times, AT &T Mobility shall not prevent City of Cypress from having adequate
spectrum capacity on City's 800 MHz radio frequency. (Police Department)
22.15. Before activating its facility, Permit Applicant (AT &T Mobility) 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 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 •
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Exhibit "A"
Amendment to Conditional Use Permit No. 2009 -01
Conditions of Approval
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire — N/A
(Amended 11 -10 -2019)
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 — On Sale
24. Alcohol — Off Sale
25. Fire
Page 7
• Community Development Department • Planning Division •