Resolution No. 6194 225
RESOLUTION NO. 6194
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT NO. 4 OF CONDITIONAL USE PERMIT NO. 97-32,
MODIFYING AN EXISTING ANTENNA FACILITY -WITH REVISED CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That a written request was filed for an amendment to a conditional use
permit in accordance with the provisions of Section 35, Division 7 of the Zoning Ordinance
of the City of Cypress to allow the modification of an existing monopalm-type antenna
facility, located at 8911 Watson Street within the PC Planned Community Zone. The
modifications would include: the replacement of three (3) antenna panels; the addition of
two (2) microwave dish antennas and one (1) GPS antenna; and the installation of one (1)
additional equipment cabinet.
2. That the City Council, after proper notice thereof, duly held a public hearing
on said amendment 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) The proposed antenna facility modification would present a
negligible expansion of the use and would not change the use assumptions
of the previously approved antenna project or the previously adopted
findings for approval of the existing project.
(2) The proposed antenna facility modifications would not detract
from the aesthetics of the existing facility, and would therefore, remain
consistent with the goals and policies of the Lincoln Avenue Redevelopment
Project Area Plan and the Cypress General Plan.
c. The proposed amended conditional use will comply with each of the
applicable provisions of the Zoning Ordinance, except for the previously approved
Variance No. 97-10, allowing the 50-foot tall antenna structure to exceed the 35-
foot height limit in the District/Zone.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve said Amendment No. 4 of Conditional Use Permit
No. 97-32, subject to the existing and revised conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Counci f the City of Cypress at a regular
meeting held on the 14th day of June, 2010.
MAYOR F THE CITY OF CYPRESS
226
ATTEST: ,,6
JOULUOt 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 14th day of June, 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
P-ALC-C /66-0
CITY CLERK OF THE CITY OF CYPRESS
227
EXHIBIT "A"
Amendment No.4 of Conditional Use Permit No.97-32
8911 Watson Street
CONDITIONS OF APPROVAL
Notes:
Regular text denotes standard conditions of approval.
*Denotes Mitigation Measures.
Bolded conditions represent those specific to this project.
Italics denotes revised conditions/text.
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 m. - 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
business operation.
5. 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
• Community Development Department •Planning Division •
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Exhibit "A" Page 2
Amendment No. 4 of Conditional Use Permit No. 97-32
Conditions of Approval
check required above, the approval for the project granted herein shall be void.
(Revised 6-14-2010)
ENGINEERING CONDITION
6. 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.
COMMUNITY DEVELOPMENT CONDITIONS
7. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 97-32, and all subsequent amendments, will require an
amendment to the conditional use permit. (Revised 6-14-2010)
8. If any change in use of the wireless communications transmission facility is proposed
to permit any form of video transmission, this conditional use permit must be
amended,subject to a public hearing.
9. 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.
10. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
11. All equipment, such as electrical wiring and mechanical equipment associated with the
antennas shall be buried underground or enclosed in the electrical equipment enclosure
building. Noise bafflers and/or deflectors shall be constructed on all mechanical equipment,
such as air conditioners mounted outdoors, to the satisfaction of City staff.
*12. The materials on the masonry mechanical equipment enclosure building shall be
constructed and treated to match the color and texture of the existing contractor's
office building located on the same property. Upon future redevelopment of the
subject property, the equipment enclosure structure shall be modified to match the
color and materials of the new development. Such modifications shall include the
possible replacement of the chain link fence, surrounding the subject lease area, with
masonry or wrought iron fencing, subject to review and approval by the Design
Review Committee (Mitigation Measure No. 3).
13. The project shall be constructed as illustrated on plans and renderings submitted. The final
design of the monopalm-type antenna and equipment enclosure shall be submitted to
Planning Division staff for review and approval prior to submittal into Building Division
plan-check. The type and density of the palm foliage shall be subject to City staff
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Exhibit "A" Page 3
Amendment No. 4 of Conditional Use Permit No. 97-32
Conditions of Approval
review and approval.
*14. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective. The antenna monopole paint color shall be subject to review and
approval by the Director of Community Development, prior to painting the monopole
(Mitigation Measure No. 1).
*15. No advertising material shall be allowed on any antenna structure or equipment enclosure
building(Mitigation Measure No. 2).
16. Exterior storage is specifically prohibited.
17. A minimum of two (2) mature trees at a minimum installation height to be determined by
the Director of Community Development shall be installed and maintained at the subject
property. All landscaping materials shall be approved by the Community Development
Department, prior to issuance of building permits for the project (Mitigation Measure No.
4). (Revised 5-24-1999)
18. A detailed landscape and automatic irrigation plan 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.
19. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
20. Any feasible advancement in technology which may reduce the size or height of the
monopole, antennas, grid panels, etc. 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.
21. Conditional Use Permit No. 97-32 shall be reviewed by the City Council every five (5)
years to determine if new technology can be applied to upgrade the wireless
communications transmission facility and reduce its visibility from surrounding properties.
22. Any substantiated radio transmission interference shall require a change in the wireless
communications transmission signal and/or equipment, subject to a public hearing before
the City Council.
23. Any substantiated complaints or violations regarding these conditions may result in the
termination of this use, subject to a public hearing before the City Council.
24. 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.
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Exhibit "A" Page 4
Amendment No. 4 of Conditional Use Permit No. 97-32
Conditions of Approval
25. 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. To ensure
the removal of abandoned antenna facilities, Nextel Communications, Inc. shall post a
faithful performance bond prior to issuance of building permits.
26. The lease agreement between the property owner and the wireless telecommunications
transmission facility operator shall not include exclusive rights which prohibit co-
location of similar facilities where it is technically feasible to do so.
BUILDING CONDITIONS
27. 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. (Revised 6-14-2010)
28. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, in compliance with the Seismic Hazard
Mapping Act of the State of California, grading, paving, sulfate test and other pertinent
information under good engineering practice. (Revised 2-9-2004)
29. Type 5 cement shall be used for all foundations and slabs on grade.
30. The antenna system shall be installed and maintained in conformance with the applicable
City building code regulations. Prior to issuance of building permit, the applicant shall
submit written documentation of conformance, including load distributions within the
building's support structure,certified by a registered engineer.
31. The antennas shall be adequately grounded for protection against a lightning strike.
32. A wind velocity test shall be required, if deemed necessary by the Building Official.
FIRE AUTHORITY CONDITIONS
33. Prior to the approval of an use/site permit(s), issuance of any grading permits or building
permits, whichever occurs first, the applicant shall submit to the Fire Chief a list of the
quantities of all hazardous, flammable and combustible materials, liquids or gases to be
stored, used, or handled on site. These liquids and materials shall be classified according
to the Uniform Fire Code using the "Orange County Fire Authority Chemical
Classification Handout". The submittal shall provide a summary sheet listing each
hazard class, the total quantity of chemicals stored per class and the total quantity of
chemicals used in that class. All forms of materials are to be converted to units of
measure in pounds, gallons and cubic feet.
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Exhibit "A" Page 5
Amendment No. 4 of Conditional Use Permit No. 97-32
Conditions of Approval
REDEVELOPMENT AGENCY CONDITIONS
34. The property owner and the -owner/operator of the telecommunications antenna facility
acknowledge and agree that the facility is a public utility, and that neither the property
owner or the owner/operator shall be entitled to compensation from the City of Cypress
or the Cypress Redevelopment Agency for the costs incurred in relocating the facility or
any portion thereof if required in furtherance of a redevelopment project. (Revised 3-23-
1998)
COMMUNITY DEVELOPMENT CONDITIONS
(Added 6-9-2003)
35. 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.
36. The antenna facility owner/operator shall comply with all applicable conditions of approval
for Conditional Use Permit No. 97-32, as originally approved on March 23, 1998, and as
amended on May 24, 1999, June 23, 2003, February 9, 2004, and June 14, 2010. (Revised
6-14-2010)
37. 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.
38. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted for Conditional Use Permit No. 97-32, and subsequent amendments. Exterior
paint colors for the antenna array replacement parts shall be submitted to City staff for
review and approval prior to actually painting the structure.
39. The antenna array upgrade shall include the following modifications: a) reduce the
size of the existing antenna panels from 6-foot long to 4-foot long panels; b) decrease
the width of the T-Arms from twelve feet (12') wide to approximately eight feet (8')
wide; and c) reduce the length of the brackets supporting the antenna panels from
approximately four feet (4') to approximately two feet (2') (measured from the pole to
the T-arms). The modifications shall be completed within twelve (12) months of City
Council approval of Amendment No. 2 to Conditional Use Permit No. 97-32 (by June
9, 2004). (Revised 2-9-2004)
40. 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.
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Exhibit "A" Page 6
Amendment No. 4 of Conditional Use Permit No. 97=32
Conditions of Approval
41. 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.
42. Conditional Use Permit No. 97-32 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.
43. 800 MHz Frequency and Public Safety. The antenna facility owner/operator recognizes
that the frequencies used by the cellular facility located at 8911 Watson Street are
extremely close to the frequencies used by the City of Cypress for public safety. The
applicant certifies that the equipment that will be utilized in the construction, placement
and operation of the above-referenced tower site is regulated and type-accepted by the
Federal Communications Commission in Washington, D.C. The frequency bandwidth
Nextel utilizes is allocated between 851 MHz and 866 MHz for the base to mobile link
and 806 MHz to 821 MHz for the mobile to base link. All construction and grounding is
performed in strict accordance to stringent industry standards and UBC codes. The
applicant agrees to work with the City of Cypress to coordinate and to take preventative
measures to ensure that no interference will occur to any public safety communications
system. To the extent that Nextel is found to be a contributor to interference to a public
safety communication system in Cypress, the applicant will work to cure such
interference in accordance with industry best practices.
44. Post-Installation Test. If deemed necessary, the antenna facility owner/operator shall
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 the antenna owner/operator. 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.
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Exhibit "A" Page 7
Amendment No. 4 of Conditional Use Permit No. 97-32
Conditions of Approval
45. The antenna facility modifications associated with the addition of the Clearwire wireless
telecommunications antennas shall be limited to: a) the replacement of three (3) of the
existing twelve (12) antenna panels; b) the addition of two (2)parabolic microwave dish
antennas (2'diameter) attached below the new antenna panels; c) the installation of one
(1) additional equipment cabinet and rack located within the existing equipment shelter
building; and d) the addition of one (1) GPS antenna mounted to the roofline of the
equipment shelter. (Added 6-14-2010)
Effective: 6-14-2010
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