Resolution No. 6131 345
RESOLUTION NO. 6131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING 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 in accordance with
the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to allow
the construction of a 50-foot tall monopalm-design antenna structure and a 375 square-
foot ground-mounted equipment enclosure 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) The proposed imitation palm tree antenna and decorative
masonry equipment enclosure design of the telecommunications antenna
facility project 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 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) The materials used in the construction of the proposed
wireless telecommunications transmission facility would not be bright, shiny,
garish or reflective.
346
(7) The proposed location of the antenna facility would avoid
conflicts with parking and vehicle circulation.
(8) Based on the available information regarding electromagnetic
frequency (EMF) emissions, this antenna facility would not generate EMF
levels considered harmful by the Federal Government.
(9) 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.
(10) 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 Cypress Zoning Ordinance, the Lincoln Avenue Specific Plan, and
the Lincoln Avenue Redevelopment Project Area Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2009-01, subject to the
conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a re —
meeting held on the 9th day of March, 2009.
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MA . ' OFT YOFCYPRESS
ATTEST:
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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 9th day of March, 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
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CITY CLERK OF THE CITY OF CYPRESS
347
EXHIBIT "A"
CONDITIONAL USE PERMIT NO.2009-01
6046 Lincoln 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 provisions of the Code of the City of Cypress.
4. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
final sign-off of the building permit for the antenna facility.
5. The antenna operator shall obtain a Cypress business license prior to commencement of the
antenna operation.
6. All applicable conditions of Conditional Use Permit No. 2009-01 shall be complied with
prior to final sign-off of the building permit for the antenna structure.
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 •
348
Exhibit"A" Page 2
Conditional Use Permit No. 2009-01
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.
ENGINEERING CONDITIONS
9. All existing public improvements at the development site which are cracked or damaged due
to construction shall be removed and replaced to the satisfaction of the City Engineer prior
to release of utilities by the Building Official.
10. All new or repaired public improvements shall be per City of Cypress Standard Plans.
STORMWATER QUALITY CONDITIONS
11. Prior to the issuance of a building or grading permit, the applicant shall include the
following as general or special notes on both the building and grading plan sheets for new
development or significant redevelopment projects and shall adhere to the note
requirements:
i. Sediment from areas disturbed by construction shall be retained on site
using structural controls to the maximum extent practicable.
ii. Stockpiles of soil shall be properly contained to minimize sediment
transport from the site to streets, drainage facilities or adjacent properties via
runoff, vehicle tracking, or wind.
iii. Appropriate BMP's for construction-related materials, wastes, spills or
residues shall be implemented to minimize transport from the site to streets, -.
drainage facilities, or adjoining properties by wind or runoff.
iv. Runoff from equipment and vehicle washing shall be contained at
construction sites unless treated to reduce or remove sediment and other
pollutants.
v. All construction, contractor and subcontractor personnel are to be made
aware of the required best management practices and good housekeeping
measures for the project site and any associated construction staging areas.
vi. At the end of each day of construction activity, all construction debris and
waste materials shall be collected and properly disposed in trash or recycle
bins.
vii. Construction sites shall be maintained in such a condition that an anticipated
storm does not carry wastes or pollutants off the site. Discharges of material
other than stormwater are allowed only when necessary for performance and
completion of construction practices and where they do not: cause or
contribute to a violation of any water quality standard; cause or threaten to
cause pollution, contamination or nuisance; or contain a hazardous
substance in a quantity reportable under Federal Regulations 40 CFR Parts
117 and 302.
• Community Development Department •Planning Division •
349
Exhibit "A" Page 3
Conditional Use Permit No. 2009-01
Conditions of Approval
viii. Potential pollutants include but are not limited to: solid or liquid chemical
spills; wastes from paints, stains, sealants, glues, lime, pesticides,
herbicides, wood preservatives and solvents, asbestos fibers, paint flakes or
stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery
fluids; concrete, detergent or floatable wastes; wastes from any
engine/equipment steam cleaning or chemical degreasing; and super
chlorinated potable water line flushings.
ix. During construction, disposal of such materials should occur in a specified
and controlled temporary area on-site physically separated from potential
stormwater runoff, with ultimate disposal in accordance with local, state and
federal requirements.
x. Dewatering of contaminated groundwater or discharging contaminated soils
via surface erosion is prohibited. Dewatering of non-contaminated
groundwater requires a National Pollutant Discharge Elimination System
(NPDES) permit from the respective State Regional Water Quality Control
Board.
12. Prior to the issuance of any building permits, the applicant shall include in the plans any
urban runoff control measures deemed necessary by the Building Official for those
situations where the threshold of a WQMP may not be met but where the project requires
urban control runoff measures.
COMMUNITY DEVELOPMENT CONDITIONS
13. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
14. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2009-01 will require an amendment to the conditional use
permit.
15. 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.
16. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
17. 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.
• Community Development Department •Planning Division •
350
Exhibit"A" Page 4
Conditional Use Permit No. 2009-01
Conditions of Approval
18. The proposed antenna project shall include and be limited to: 1) construction of a
monopalm-type freestanding telecommunications antenna tower not exceeding 50 feet
tall (including the top of the imitation foliage); 2) installation of nine (9) 1'x 6'
directional panel antennas and two (2) GPS antennas mounted on the pole structure; **,
3) four (4) ground-mounted electrical equipment cabinets and accessory electrical
panels; and 4) a new eight-foot (8') 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. Acceptance of the antenna
screening foliage shall be subject to final inspection and approval by the Community
Development Department.
19. The existing 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 according to the
industry standard (subject to City approval) prior to final inspection of the antenna
facility project. 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.
20. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
21. 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.
22. 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
materi als.
23. A 3-foot wide landscape planter strip shall be installed outside the front (north) wall of
the equipment enclosure facing the street.
24. A detailed landscape and automatic irrigation plan for the planter 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.
• Community Development Department •Planning Division •
351
Exhibit "A" Page 5
Conditional Use Permit No. 2009-01
Conditions of Approval
25. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a
variety approved by the Community Development Director.
26. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
27. All product and material storage shall occur within the equipment enclosure. Exterior
storage is specifically prohibited.
28. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
29. All walls and fences 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.
30. Where the equipment enclosure wall abuts the masonry portion of the existing west
property line perimeter wall, the gap between walls shall be filled or blocked off(with
a material deemed acceptable by the City) to prevent accumulation of trash, vermin,
insects,etc.
31. 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.
32. The parking lot located on the subject parcel shall be re-surfaced/slurry-sealed and re-
striped as shown on the approved Site Plan for the antenna facility project. Parking
lot striping shall include handicapped accessible parking spaces as required by Law.
33. The antenna facility lease area shall be maintained free of the accumulation of trash and
debris.
34. 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 service hours should substantiated complaints
be received that the service hours are creating an adverse impact upon neighboring
properties.
35. 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.
36. No advertising material shall be allowed on any antenna.
37. Maintenance and emergency contact information shall be posted on or near the
entrance of the equipment enclosure.
• Community Development Department •Planning Division •
352
Exhibit "A" Page 6
Conditional Use Permit No. 2009-01
Conditions of Approval
38. All electrical wiring associated with any antenna shall be placed underground or hidden in a
manner acceptable to the Community Development Director.
39. No portion of an antenna array shall extend beyond the property lines or into any front yard ,w
area. Guy wires may be attached to the building but shall not be anchored within any front
yard area.
40. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective.
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. A wind velocity test shall be required,if deemed necessary by the Building Official.
43. Co-location of cellular, pcs, and other wireless antenna shall be encouraged. Therefore,
agreements shall not include exclusive rights which would prohibit co-location where
it is technically feasible.
44. A faithful performance bond (or other comparable mechanism) to ensure the removal of
abandoned antenna facilities shall be posted prior to the issuance of building permits. 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.
45. Conditional Use Permit No. 2009-01 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.
46. 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.
• Community Development Department •Planning Division •
353
Exhibit "A" Page 7
Conditional Use Permit No. 2009-01
Conditions of Approval
47. 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.
48. Public Safety. AT&T Mobility recognizes that the frequencies used by the cellular
facility located at 6046 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, (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.
49. 800 MHz Frequency. At all times, AT&T Mobility shall not prevent City of Cypress
from having adequate spectrum capacity on City's 800 MHz radio frequency.
50. Post-Installation Test. Before activating its facility, AT&T Mobility (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 AT&T Mobility. 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.
51. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
52. 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.
• Community Development Department •Planning Division •
354
Exhibit "A" Page 8
Conditional Use Permit No. 2009-01
Conditions of Approval
53. 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.
REDEVELOPMENT CONDITIONS
54. The applicant/developer and property owner shall not be entitled to relocation benefits
and/or moving expense reimbursement from the Cypress Redevelopment Agency for the
antenna facility.
BUILDING CONDITIONS
55. 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.
56. Type 5 cement shall be used for all foundations and slabs on grade.
57. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
58. 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.
59. Building plans shall be stamped by a licensed engineer.
FIRE AUTHORITY CONDITIONS - COMMERCIAL
60. 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 (i.e. back-up batteries). 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.
• Community Development Department •Planning Division •
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Exhibit "A" Page 9
Conditional Use Permit No. 2009-01
Conditions of Approval
61. Prior to the issuance of a building permit, the applicant shall contact the Orange County
Fire Authority Hazardous Materials Disclosure Office at (714) 744-0463 to obtain a
"Hazardous Materials Business Information and Chemical Inventory Packet". This shall
be completed and submitted to the Fire Chief prior to the issuance of a building permit.
Effective: 3-9-2009
• Community Development Department • Planning Division •