Resolution No. 5950109
RESOLUTION NO. 5950
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2002-13 - 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. 2002 -13 in accordance with the provisions of Section 4.19.070.I of the Zoning
Ordinance of the City of Cypress to allow the modification and expansion of an existing second
(lower) pole - mounted telecommunications antenna array and related ground- mounted electrical
equipment enclosure, located at 41291 Ball Road within the CG- 10,000 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- 10,000 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- 10,000 Commercial General Zone.
(2) As designed and conditioned, the proposed modification/expansion
of the existing second (lower) telecommunications antenna facility at the subject site
is compatible with surrounding commercial and residential uses.
(3) The proposed modification/expansion of the existing second (lower)
telecommunications antenna facility will allow the new operator to provide
additional telecommunication service for wireless telephone users located in, and
passing through, the City of Cypress.
(4) As proposed, the modification/expansion of the existing second
(lower) telecommunications antenna facility will be located and designed so as to
maintain minimal visual impact on surrounding properties and from public streets.
(5) The materials used in the construction of the proposed
modification/expansion of the existing second (lower) telecommunications antenna
facility will not be bright, shiny, garish or reflective.
(6) The proposed modification/expansion of the existing second (lower)
antenna array and electrical equipment enclosure will be placed in an area which
does not conflict with onsite parking and vehicle circulation.
(7) Based on the available information regarding electromagnetic
radiation emissions, this facility modification/expansion will not generate radiation
levels considered harmful by the Federal Government.
(8) The proposed antenna facility modification/expansion project will be
conditioned such that, should substantiated complaints be received that the subject
facility is causing adverse impacts on surrounding properties or uses, the City
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Council may modify and/or revoke the subject conditional use permit, subject to a
public hearing.
(9) No complaints have been received regarding the existing wireless
telecommunications antenna facilities located at the subject site or in other areas of
the City of Cypress.
c. The proposed modification/expansion of said existing conditional use will
comply with each of the applicable provisions of the Zoning Ordinance, excepting the
previously approved Variance No. 2001 -04 pertaining to the setbacks of the existing antenna
support structure.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve the Amendment to Conditional Use Permit No. 2002 -13, subject to
the revised 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 12th day of June, 2006.
ATTEST:
it12,KUOL 66A.,6441 i (Wing/
CITY CLERK OF THE CITY OF CYPRE S
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR P 0 TEM OF THE CITY OF CYPRESS
I, JILL R. INGRAM, 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 12th
day of June, 2006, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: McGill, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 2 COUNCIL MEMBERS: McCoy and Sondhi
k1-( -fie, 4\
CITY CLERK OF THE CITY OF CYPRESS`'
111
EXHIBIT "A"
Amendment to
Conditional Use Permit No. 2002 -13
41291/2 Ball Road
CONDITIONS OF APPROVAL
Notes:
• Regular text denotes conditions imposed on the originally approved project
effective on May 27, 2003.
• Bolded text denotes new or revised conditions of approval effective on June 12,
2006.
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 semc . - 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.
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112
Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
Page 2
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 this antenna facility operation.
7. All applicable conditions of Conditional Use Permit No. 2002 -13 (as amended on June 12,
2006) shall be complied with prior to final sign -off of the building permit for this project.
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 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.
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 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
11. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2002 -13 (as amended on June 12, 2006) will require an
additional amendment to the conditional use permit.
12. 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.
13. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
14. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted.
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Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
Page 3
15. The final design of the monopine -style antenna and the masonry enclosure wall
(architectural elevations and site plans) 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.
16. 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 second antenna array 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.
17. The materials on the electrical equipment enclosure wall shall be constructed and treated
with materials to match the brick treatment on the existing commercial bank building and
existing enclosures located on the same property. The final exterior materials and color
scheme shall be submitted to City staff for review and approval prior to issuance of building
permits. A sealer shall be applied to the masonry on the equipment enclosure to prevent
mineral stains.
18. 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.
19. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
20. 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.
21. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
22. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
23. All product and material storage shall occur within the masonry enclosure. Exterior storage
is specifically prohibited.
24. 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.
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Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
Page 4
25. 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.
26. 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.
27. The applicant/developer shall comply with any applicable FAA requirements related to the
height of the monopole -type antenna structure (i.e. flashing beacon requirements).
28. 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.
29. 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.
30. No advertising material shall be allowed on any antenna.
31. All electrical wiring associated with any antenna shall be placed underground or hidden in a
manner acceptable to the Community Development Director.
32. No portion of an antenna array shall extend beyond the property lines or into any front yard
area.
33. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective.
34. 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.
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Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
35. A wind velocity test shall be required, if deemed necessary by the Building Official.
Page 5
36. 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.
37. A faithful performance bond to ensure the removal of abandoned antenna facilities shall be
posted prior to the issuance of building permits.
38. Conditional Use Permit No. 2002 -13 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 and if new technology can be
applied to up -grade the aesthetic appearance of the antenna facility and reduce its visibility
from surrounding properties. Any feasible technology which may reduce the size or height
of the monopole, antennas, grid panels, etc., or otherwise improve the aesthetic appearance
of the facility, shall be brought to the City Council for consideration during this review.
Minor modifications of this type may be approved by the Staff Review Committee.
39. 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.
40. Public Safety. The antenna facility operator recognizes that the frequencies used by the
cellular facility located at 41291/2 Ball Road 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.
41. 800 MHz Frequency. At all times, the antenna operator shall not prevent City of Cypress
from having adequate spectrum capacity on City's 800 MHz radio frequency.
42. Post - Installation Test. Before activating its facility, the antenna facility 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
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Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
Page 6
contractor at the expense of the antenna facility 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.
43. Any substantiated complaints regarding radio transmission interference shall require a
change in the wireless telecommunications transmission signal and/or equipment that
eliminates any interference with emergency communications, subject to a public hearing
before the City Council.
44. 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.
45. Any temporary generators associated with the testing of the antenna facility shall comply
with the provisions of the Cypress Noise Ordinance.
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.
BUILDING CONDITIONS
47. 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.
48. Building plans shall be stamped by a licensed engineer.
OTHER CONDITIONS
49. The antenna facility modification and expansion (approved on June 12, 2006) shall
be limited to: a) replacement of two (2) existing flat panel antennas per sector with
three (3) flat panel antennas per sector, resulting in a total of nine (9) antenna
panels on the antenna array; b) replacement of two (2) existing electrical equipment
cabinets with three (3) new larger cabinets; and c) change in operation and
maintenance of this antenna facility from AT &T Wireless to Cingular Wireless. All
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Exhibit "A"
Amendment to Conditional Use Permit No. 2002 -13
Conditions of Approval
Page 7
antennas and equipment shall remain fully screened (by imitation foliage and
enclosure walls, respectively) from surrounding ground -level and street views.
Revised: 6 -12 -2006
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