Resolution No. 6195 234
RESOLUTION NO. 6195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT NO. 2 OF CONDITIONAL USE PERMIT NO. 96-1, REVISING
CONDITION NO. 19 PERTAINING TO PERIODIC REVIEWS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS: .
1. That a periodic review of Conditional Use Permit (C.U.P.) No. 96-1 was
conducted by the City of Cypress staff during April of 2010, pursuant to Condition No's. 18
and 19 of said permit. The subject C.U.P. allows an existing wireless telecommunications
transmission antenna (40-foot tall monopole-type) and seven (7) electrical equipment
cabinets located at 5285 Cypress Street within the PC Planned Community Zone.
2. That the City Council previously approved Amendment No. 1 of Conditional
Use Permit No. 96-1, on October 10, 2005, for an aesthetically improved design for the
antenna array onsite, with amended conditions relating to the milestone deadlines for
project completion and future periodic reviews. The amended antenna facility project
reduced the number of antennas and the mass of the antenna array as shown on
drawings and photo simulation submitted to the City with the amendment application.
After an approved one (1) year extension, these aesthetic up-grades were completed on
April 6, 2007.
3. That in response to the City's periodic review notification, the current
management of the antenna facility (Crown Castle International) submitted a letter (dated
April 27, 2010) which requested that Condition No. 19 be removed, or that the requirement
to make further aesthetic improvements be continued for an additional 3-year term. The
letter also requested that the City's direction to replace the existing monopole with a more
stealth imitation tree-type design structure be deferred, until such time that a co-location
opportunity can be identified to offset a portion of the costs of such a replacement.
4. That the City Council reviewed the staff report analysis and
recommendations, including staff's alternate proposal to amend Condition No. 19 by
expanding the periodic review period from three (3) years to five (5) years and adding
provisions regarding feasible co-location options.
5. That the City Council, after proper notice thereof, duly held a public hearing
on said review and amendment as provided by law.
6. That the City Council hereby finds that:
a. The location of the existing 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 location of the existing conditional use and the amended
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 amended telecommunications antenna facility project
would remain consistent with the PS Public and Semi-Public District of the
applicable Lincoln Avenue Specific Plan and the surrounding uses within the
same PC Zone.
235
(2) The amended conditions for the existing telecommunications
antenna facility would not involve any physical changes to the facility at this
time. Therefore, the project would continue to meet all applicable
development standards in the District/Zone.
(3) The proposed amendment to Condition No. 19 of Conditional
Use Permit No. 96-1 would be consistent with antenna review provisions of
the Cypress Zoning Ordinance, Section 3.16.080.B, which stipulates that a
conditional use permit for a wireless communications facility shall be
reviewed at least every five (5) years by the planning agency.
(4) The existing telecommunications antenna facility would
continue to provide a public service for cellular telephone users in the
Cypress area.
c. The amended conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
d. The previous (2007) aesthetic up-grades to the antenna facility are
considered satisfactory for this review period and shall continue to be considered
satisfactory, until such a time that a suitable co-location opportunity can be
identified to offset a portion of the costs of a more stealth replacement for the
current monopole antenna design.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve said Amendment No. 2 of Conditional Use Permit
No. 96-1, including the amended conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of th City of Cypress at a regular
meeting held on the 14th day of June, 2010.
rr AACA L
MAYOR OF THE CITY OF CYPRESS
ATTEST:
/3 & OL 156J040.41
CITY CLERK OF THE CITY O 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
CITY CLERK OF THE CITY OF CYPRESS
•
236
EXHIBIT "A"
AMENDMENT NO.2 OF CONDITIONAL USE PERMIT NO.96-1
5285 CYPRESS STREET
CONDITIONS OF APPROVAL
Notes:
• Regular text denotes conditions imposed on the original approval of this project on March
25, 1996, as well as the amendments on October 10, 2005 and November 27, 2006.
• Asterisk(*)conditions denote mitigation measures from the Mitigated Negative Declaration
prepared for the original approval of this project.
• Bolded text denotes revised conditions of approval effective on June 14, 2010.
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 sec. - 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.
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.
COMMUNITY DEVELOPMENT CONDITIONS
5. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
• Community Development Department •Planning Division •
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Exhibit "A" Page 2
Amendment to Conditional Use Permit No. 96-1
Conditions of Approval
6. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 96-1, or approved amendments, will require an amendment to
the conditional use permit.
7. 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.
8. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
9. All equipment, such as electrical wiring and mechanical equipment associated with the
antenna monopole shall be buried underground or enclosed in the equipment cabinets.
Noise bafflers and/or deflectors on all mechanical equipment mounted outdoors, if
determined necessary by City staff.
*10. Three (3) mature trees shall be planted on the subject property at locations approved by the
Community Development Director to lessen the visibility and perceived scale of the antenna
pole. The required trees shall be a minimum thirty-six inch (36") box size and of a variety
approved by the Community Development Director.
11. 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.
12. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
13. The applicant/developer shall not erect or display on the subject property any signs which
have not been approved in writing by the Community Development Director.
14. Exterior storage is specifically prohibited.
15. Security gate systems shall be equipped with a Knox box system providing access with a
Knox submaster key for emergency access by police and fire services. The security gate
system shall be approved in writing by the Cypress Police Department and Orange County
Fire Authority prior to issuance of building permits.
16. 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.
• Community Development Department•Planning Division •
238
Exhibit "A" Page 3
Amendment to Conditional Use Permit No. 96-1
Conditions of Approval
17. Although it has been determined that no portion of the subject development encroaches
within the 50 to 1 approach surface, nor the 100 to 1 imaginary surface surrounding the Los
Alamitos Air Base, the developer shall comply with any other requirements of the FAA
related to the height of the antenna structure.
*18. Any feasible advancement in technology which may reduce the size of the pole, grid,panels,
or microwave dishes 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.
*19. Conditional Use Permit No. 96-1 for a cellular, pcs, or other wireless antenna shall be
reviewed at least every three (3)five (5) years by the City Council, with the goal of moving
the cell tower technology to a full stealth technology by the next three (3) year review.
Such review shall focus on whether changing technology has rendered the design obsolete
and whether co-location options are feasible to aide in providing a more stealth design
up-grade. (Amended 6-14-10)
*20. Any substantiated complaints or violations to these conditions may result in the termination
of this use, subject to a public hearing before the City Council to consider the revocation of
this conditional use permit.
*21. Any substantiated radio transmission interferences shall require a change in the transmission
signal and/or equipment, subject to a public hearing before the City Council.
*22. If the communications utility use ceases to exist at the site, the applicant/owner shall remove
all structures and equipment from the lease property within six (6)months.
23. This project shall be constructed as illustrated on plans and renderings submitted. The final
color of the monopole shall be submitted to City staff for review and approval prior to
actually painting the structure.
*24. No more than three (3) arrays with three (3) antennas per ray and one 10" GPS antenna shall
be mounted on the subject monopole.
25. 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 Forty-Three Dollars ($43.00) 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 •
239
Exhibit "A" Page 4
Amendment to Conditional Use Permit No. 96-1
Conditions of Approval
BUILDING CONDITIONS
26. Applicant/developer shall comply with applicable provisions of the 2001 California
Building, Plumbing, Electrical, and Mechanical Codes, the 2001 California Administrative
Code,Title 24, and the Code of the City of Cypress.
27. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
28. Type 5 cement shall be used for all foundations and slabs on grade.
29. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
30. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other pertinent
information under good engineering practice.
*31. The monopole antennas shall be adequately grounded with an adequate ground wire for
protection against a lightning strike. 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.
*32. A wind velocity test shall be required, if deemed necessary by the Building Official.
*33. The monopole/antennas shall be installed and maintained in compliance with the
requirements of the Uniform Building Code. Antenna installers shall obtain a building
permit prior to installation.
*34. No advertising material shall be permitted on the monopole, antenna structures, or perimeter
fence.
• Community Development Department •Planning Division •
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Exhibit"A" Page 5
Amendment to Conditional Use Permit No. 96-1
Conditions of Approval
OTHER CONDITIONS
35. The antenna array up-grade shall include the following modifications: a) removal of the
existing 3-sector billboard-style antenna array, including four (4) antennas per sector; b)
installation of a new slim-line mount antenna array with two (2) antennas per sector, as
illustrated on the specifications and photo simulation submitted to the City. The final plans
for the antenna array up-grade shall be subject to approval by the Community Development
Department. The antenna up-grade modifications shall be completed within eighteen (18)
months of City Council approval of Amendment No. 1 of Conditional Use Permit No. 96-1
(by April 10, 2007).
36. All electrical wiring associated with any antenna shall be placed underground or hidden in a
manner acceptable to the Community Development Director.
37. 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.
38. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective.
39. 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.
40. Cellular, pcs, and wireless antenna which are located in or use City right-of-way shall be
subject to applicable franchise fee ordinance provisions or City lease agreement provisions.
41. Public Safety. The antenna owner/operator recognizes that the frequencies used by the
cellular facility located at 5285 Cypress Street 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, Sprint-Nextel 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.
• Community Development Department•Planning Division •
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Exhibit "A" Page 6
Amendment to Conditional Use Permit No. 96-1
Conditions of Approval
42. 800 MHz Frequency. At all times, the antenna owner/operator shall not prevent City of
Cypress from having adequate spectrum capacity on City's 800 MHz radio frequency.
43. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to release of utilities for this project.
44. The property shall be maintained free of the accumulation of trash and debris.
45. 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.
46. 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.
47. All applicable conditions of Conditional Use Permit No. 96-1 shall be complied with prior
to activation/release of utilities for the subject antenna facility.
48. 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.
49. 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.
Revised: 6-14-2010
• Community Development Department •Planning Division •