Resolution No. 6177 140
RESOLUTION NO. 6177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO 2009-06 -
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 an 89-foot tall field-light design antenna facility containing six (6)
antenna panels, two (2) parabolic antennas, and one (1) GPS antenna, as well as six (6)
ground-mounted equipment cabinets within a 480 square-foot, 8-foot tall masonry
enclosure located on an existing school athletic field at 4351 Orange Avenue within the PS
Public and Semi-Public 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 PS Public and Semi-
Public Zone in which the site is located, which is:
Intended for public uses other than street rights-of-way.
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
PS 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) The proposed design of the functional field light antenna
support structure and the associated masonry equipment enclosure of the
telecommunications antenna facility project would be consistent with the
design and materials of the existing field lighting and accessory structures
located on the same school athletic field site.
(4) The proposed telecommunications antenna facility project
would provide additional personal communications service in the Cypress
area.
(5) The proposed wireless telecommunications transmission
facility would be located so as to minimize the visual impact on surrounding
properties and from public streets.
(6) As conditioned, the materials used in the construction of the
proposed wireless telecommunications transmission facility would not be
bright, shiny, garish or reflective.
(7) The proposed location of the antenna facility with an existing
athletic field area would avoid conflicts with parking and vehicle circulation.
141
(8) The proposed unmanned antenna facility would be compatible
with the surrounding school uses located within the same PS Zone, as well
as with the single-family residential uses located more than 300 feet to the
northwest, east, and south of the proposed antenna facility.
(9) Based on the available information regarding electromagnetic
frequency (EMF) emissions, this antenna facility would not generate EMF
levels considered harmful by the Federal Government.
(10) The proposed 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
hearing.
(11) No complaints have been received regarding the existing
wireless telecommunications transmission facilities located in the City of
Cypress.
c. The proposed conditional use 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 Conditional Use Permit No. 2009-06, subject to the
conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council f the City of Cypress at a regular
meeting held on the 25th day of January, 2010.
3\/ Gam^ / 44
MAY R OF THE CITY OF CYPRESS
ATTEST:
�-� koain
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 25th day of January, 2010, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
PabOe_ /e:kA-C71/1
CITY CLERK OF THE CITY OF CYPRESS
142
EXHIBIT "A"
CONDITIONAL USE PERMIT NO.2009-06
4351 Orange Avenue
CONDITIONS OF APPROVAL
Notes:
Regular Text Denotes Standard Conditions
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.
3. The applicant/developer shall comply with all applicable provisions of the Code of the
City of Cypress and the State of California,Division of the State Architect(DSA).
4. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
final sign-off for the antenna facility.
5. The applicant shall obtain a Cypress business license prior to operating the antenna facility.
6. All applicable conditions of Conditional Use Permit 2009-06 shall be complied with prior to
operating the antenna facility.
7. 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.
• Community Development Department •Planning Division •
143
Exhibit "A" Page 2
Conditional Use Permit No. 2009-06
Conditions of Approval
8. 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.
COMMUNITY DEVELOPMENT CONDITIONS
9. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
10. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2009-06 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 Community
Development Department prior to the issuance of building permits.
13. 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.
14. The proposed antenna project shall include and be limited to: 1) construction of a
field-light type freestanding telecommunications antenna tower not exceeding 89 feet
tall; 2) installation of six (6) directional panel antennas (double-stacked within an FRP
radome canister), two (2) parabolic antennas mounted on the pole structure, and one
(1) GPS antenna mounted onto the equipment enclosure; 3) installation of six (6)
ground-mounted electrical equipment cabinets and accessory electrical panels; 4)
construction of a new eight-foot (8') tall block wall enclosure (12' x 40'); and 5)
construction of a matching masonry enclosure around the adjacent two (2) existing
cargo containers located at the northwest corner of the school's running track. The
exterior of the masonry enclosure wall shall contain an anti-graffiti paint and shall
fully screen the antenna equipment from ground level view. The exposed antennas
and the screening canister shall match the color of the field light pole. The lighting
fixtures mounted to the pole shall be designed to the fullest extent possible to match the
existing field lighting on the school property. The lighting fixtures shall be fitted with
adequate shields and pointed downward to prevent light spillover onto adjacent
properties or roadways. The lighting fixtures shall not exceed the height or intensity of
the existing field lighting fixtures on the school property. Acceptance of the antenna
screening materials and color, as well as the lighting direction and shielding, shall be
subject to final inspection and approval by the Community Development Department.
• Community Development Department •Planning Division •
144
Exhibit "A" Page 3
Conditional Use Permit No. 2009-06
Conditions of Approval
15. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. The field lighting shall include at least a
Level 8 Modification Glare Control System (or equivalent) to minimize any spill light
and glare onto nearby residential properties. The lighting contractor shall install and
engineer the field lights (including adjustments to height and angle, filtering and glare
shields, and black reflectors) to reduce glare and spill light as much as possible (no
higher than .50 foot-candles) at the residential property lines. The brightness of the
security light (mounted separately on the pole) shall also be limited to .50 foot-candles
at the nearest property lines. If there is significant spill light and/or glare after
installation, the offending lights shall be re-aimed and/or further treated by the
lighting contractor to the satisfaction of the City. Upon completion of the lighting
installation and adjustments, the lighting contractor shall conduct testing and light
measurements to verify compliance with this condition prior to final sign-off of the
permit for this project.
16. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. Commercial or industrial
developments which adjoin residentially zoned areas shall construct noise bafflers and/or
deflectors on all mechanical equipment mounted outdoors,to the satisfaction of City staff.
17. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director and shall be adequately screened from view with plant
materials.
18. A landscape hedge shall be planted along the exterior perimeter of the enclosure walls
to provide aesthetic screening and graffiti prevention. The landscaping shall be
maintained in a healthy living condition for the life of the project.
19. A detailed landscape and automatic irrigation plan for the enclosure hedge planting shall
be submitted to the Community Development Department for review and approval at least
sixty (60) days prior to issuance of a Certificate of Occupancy. 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 (1) year from acceptance of the landscape installation. All
required landscaping shall be permanently maintained in a neat and orderly condition.
20. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
21. All product and material storage shall occur within the enclosure walls. Exterior storage is
specifically prohibited.
22. 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.
• Community Development Department•Planning Division •
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Exhibit"A" Page 4
Conditional Use Permit No. 2009-06
Conditions of Approval
23. The City Council shall maintain the right to review the non-emergency maintenance service
hours of the antenna facility 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.
24. The hours of field area illumination shall be restricted to the hours from dusk to 9:00
p.m., Monday through Friday. To insure compliance with the restricted hours of
operation, the lighting on the antenna pole shall be tied into the existing lighting timer
control system that is accessible only to the School District and the Cypress Recreation
and Parks District. The timer controls shall continue to operate such that,once turned
on manually, they will dim the field lights to half-power at 8:45 p.m. and turn off at
9:00 p.m. The security light on the antenna pole shall only be turned on during
emergency nighttime maintenance service activities and shall be turned off before the
technician leaves the site. Non-emergency maintenance activities for the antenna
facility shall be limited to weekdays,during daylight business hours.
25. 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.
26. No advertising material shall be allowed on any antenna.
27. Maintenance and emergency contact information shall be posted on or near the
entrance of the equipment enclosure.
28. All electrical wiring associated with any antenna shall be placed underground or hidden in a
manner acceptable to the Community Development Director.
29. 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.
30. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective.
31. 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
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Exhibit "A" Page 5
Conditional Use Permit No. 2009-06
Conditions of Approval
metal sheath.
32. A wind velocity test shall be required,if deemed necessary by the Building Official.
33. 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.
34. A faithful performance bond to ensure the removal of abandoned antenna facilities shall be
posted prior to the issuance of building permits.
35. Conditional Use Permit No. 2009-06 for a cellular, pcs, or other wireless antenna shall be
reviewed at least every five (5) years by the City Council. Such review shall focus on
whether changing technology has rendered the design obsolete or aesthetic
maintenance/improvements are warranted.
36. Any feasible advancement in technology which may reduce the size or height of the
monopole, antennas, grid panels, etc. shall be brought to the Community Development
Director. Minor modifications of this type may be approved by the Design Review
Committee.
37. Public Safety. T-Mobile USA recognizes that the frequencies used by the cellular facility
located at 4351 Orange 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.
38. 800 MHz Frequency. At all times, T-Mobile USA shall not prevent City of Cypress from
having adequate spectrum capacity on City's 800 MHz radio frequency.
39. Post-Installation Test. Before activating its facility, T-Mobile USA (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 T-Mobile USA. This post-installation testing process shall
• Community Development Department •Planning Division •
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Exhibit "A" Page 6
Conditional Use Permit No. 2009-06
Conditions of Approval
be repeated for every proposed frequency addition and/or change to confirm the intent of
the "frequency planning" process has been met.
40. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to issuance of Certificate of Occupancy.
41. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
42. 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.
43. 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.
BUILDING CONDITIONS
44. Applicant/developer shall obtain the required permits and 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.
45. Type 5 cement shall be used for all foundations and slabs on grade.
46. The conditions of approval for Conditional Use Permit No. 2009-06 shall be included
with the notes sheets of the project plans submitted to the State Architect for plan
checking.
47. Prior to construction, the applicant shall submit to the Cypress Building Division, a
copy of the Permit to Construct from the State Architect, with a contact name and
telephone number. The applicant shall also contact the City Building Official to
schedule a final construction inspection prior to operation of the antenna facility.
Effective: 1-25-2010
• Community Development Department •Planning Division •