Resolution No. 6166 RESOLUTION NO. 6166 057
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 2000-16 -
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 an amendment to the existing Conditional
Use Permit No. 2000-16 in accordance with the provisions of 4.19.070.1 of the Zoning
Ordinance of the City of Cypress to allow the request to install three (3) new panel
antennas and replace six (6) existing panel antennas on an existing fifty-foot (50') high
monopine structure located at 6024 Cerritos Avenue 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 three (3) new
panel antennas and the replacement of six (6) existing panel antennas on a
50' high monopine structure is compatible with surrounding commercial and
residential uses.
(3) The proposed modification/expansion of the existing 50' high
monopine antenna will allow better telecommunication service for wireless
telephone users located in, and passing through, the City of Cypress.
(4) As proposed, the modification/expansion of the 50' high
monopine structure would be designed so as to maintain minimal visual
impact on surrounding properties and from public streets.
(5) The materials used in the modification/expansion of the 50'
high monopine structure will not be bright, shiny, garish or reflective.
(6) Based on the available information regarding electromagnetic
radiation emissions, this facility modification/expansion will not generate
radiation levels considered harmful by the Federal Government.
(7) The proposed project will be conditioned as such that, should
substantiated complaints be received that the subject facility is causing
adverse impact on surrounding properties or uses, the City Council may
modify and/or revoke the subject conditional use permit, subject to a public
hearing.
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058
c. The proposed project, Amendment to Conditional Use Permit No.
2000-16, will comply with each of the applicable provisions of the Zoning
Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Amendment to Conditional Use Permit No. 2000-16,
subject to the conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 28th day of September, 2009.
4 � d
MA":-Tr THE C " 0.--CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 September, 2009, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
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059
EXHIBIT "A"
Amendment to Conditional Use Permit No.2000-16
6024 Cerritos Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
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.
2. 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.
3. 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.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a
Certificate of Occupancy being issued.
6. The applicant/telecommunications service provider shall obtain a Cypress business license prior
to commencement of the antenna facility operation.
7. All applicable conditions of Amendment to Conditional Use Permit No. 2000-16 shall be
complied with prior to final sign-off of building permits for the antenna facility.
• Community Development Department •Planning Division •
060
Exhibit "A" Page 2
Amendment to Conditional Use Permit No. 2000-16
Conditions of Approval
8. 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.
9. 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.
ENGINEERING CONDITIONS
10. All existing public improvement 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.
COMMUNITY DEVELOPMENT CONDITIONS
11. Any expansion or modification of the approved use beyond what is approved as part of
Amendment to Conditional Use Permit No. 2000-16 will require an additional amendment to
the conditional use permit.
12. If any change in use of the wireless telecommunications antenna facility is proposed to permit
any form of video transmission,this conditional use permit must be amended, subject to a public
hearing.
13. 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.
14. Architectural elevations and site plan shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
15. All architectural treatments shall be constructed as illustrated on the submitted plans.
16. The final design of the monopine style antenna 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 pine foliage and trunk material shall be subject to Planning
Division review and approval.
• Community Development Department•Planning Division •
061
Exhibit "A" Page 3
Amendment to Conditional Use Permit No. 2000-16
Conditions of Approval
17. 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. Any existing
branches which are displaced by the addition of the additional antenna panels shall be
relocated on the pole and/or additional branches shall be added to fully screen the new
antennas,to the satisfaction of the Community Development Director.
18. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties
or produce glare for street traffic.
19. All equipment, such as electrical wiring and mechanical equipment associated with the
antenna facility, shall be buried underground or enclosed within the electrical equipment
enclosure building. Noise baffles and/or deflectors shall be constructed on all mechanical
equipment mounted outdoors,if determined necessary by City staff.
20. All product and material storage shall occur within the electrical equipment enclosure. Exterior
storage is specifically prohibited.
21. All walls, fences and trash enclosures shall be maintained free of significant surface cracks, dry
rot, warping, and missing panels or blocks, which threaten the structure's structural integrity or
graffiti which threatens the appearance.
22. 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.
23. Exterior building elevations shall be maintained in a safe appearance such that the buildings are
free of broken, missing or significantly cracked surface finished materials.
24. 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.
25. No advertising material shall be allowed on any antennas.
26. No portion of any 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.
27. The materials used in constructing the antennas shall not be unnecessarily bright, shiny, garish,
or reflective.
• Community Development Department •Planning Division •
062
Exhibit "A" Page 4
Amendment to Conditional Use Permit No. 2000-16
Conditions of Approval
28. 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 (2) 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.
29. The property 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.
30. A wind velocity test shall be required,if deemed necessary by the Building Official.
31. All electrical wiring associated with any antenna shall be placed underground or hidden in a
manner acceptable to the Community Development Director.
32. 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.
33. A faithful performance bond to ensure the removal of abandoned antenna facilities (within six
months) shall be posted prior to the issuance of building permits.
34. Conditional Use Permit No. 2000-16 for a cellular, pcs, or other wireless antenna shall be
reviewed at least every five (5) years by the Planning Agency. Such review shall focus on
whether changing technology has rendered the design obsolete. Any feasible technology which
may reduce the size or height of the monopoles, antennas, grid panels, etc. shall be brought to
the City Council for consideration during this review. Minor modifications of this type may be
approved by the Design Review Committee.
35. The applicant/developer shall comply with all FAA requirements related to the height of the
monopine type antenna structure, should any portion of the project 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.
36. Any substantiated complaints regarding radio transmission interference shall require a
City review, in coordination with the Federal Communication Commission (FCC), of the
wireless telecommunications transmission signal and/or equipment that is suspected of
interference with emergency communications, subject to a public hearing before the City
Council.
• Community Development Department •Planning Division •
063
Exhibit "A" Page 5
Amendment to Conditional Use Permit No. 2000-16
Conditions of Approval
37. 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 affect on neighboring
properties.
38. 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. 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.
Furthermore, any temporary generators associated with the testing of the antenna facility
shall comply with the provisions of the City of Cypress Noise Ordinance.
39. Mechanical devices associated with the cleaning and maintenance of real property may be used
within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and between the
hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such devices include but
are not limited to stationary or mobile pumps, fans, compressors, generators, blowers, and
sweepers. The use of such devices for such purposes is prohibited at all other times.
40. Maintenance and emergency contact information shall be posted on or near the entrance of the
equipment enclosure.
41. Public Safety. Verizon Wireless recognizes that the frequencies used by the cellular facility
located at 6024 Cerritos 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, (Permit
Applicant) 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.
42. 800 MHz Frequency. At all times, Verizon Wireless shall not prevent City of Cypress from
having adequate spectrum capacity on City's 800 MHz radio frequency.
• Community Development Department•Planning Division •
064
Exhibit "A" Page 6
Amendment to Conditional Use Permit No. 2000-16
Conditions of Approval
43. Post-Installation Test. Before activating its facility, Verizon Wireless (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 Verizon Wireless. 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.
44. The antenna facility modification (approved on September 28, 2009) shall be limited to the
replacement of six (6) existing panel antennas and the addition of three (3) new panel
antennas, resulting in a total of nine (9) panel antennas, three (3) panel antennas per
sector, on the existing 50' high monopine structure. All antennas and equipment shall
remain fully screened (by imitation foliage and enclosure walls, respectively) from
surrounding ground-level and street views.
BUILDING CONDITIONS
45. Applicant/developer shall comply with applicable provisions of the 2007 California Building,
Plumbing,Electrical, and Mechanical Codes, the 2007 California Administrative Code,Title 24,
and the Code of the City of Cypress.
Effective: 9-29-2009 (Revised)
• Community Development Department •Planning Division •