Resolution No. 6007377
RESOLUTION NO. 6007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
AMENDMENT NO. 2 TO CONDITIONAL USE PERMIT NO. 94 -6 - WITH AMENDED
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 amendment in accordance
with the provisions of 4.19.070.I of the Zoning Ordinance of the City of Cypress to replace an
existing 65 -foot tall monopole - design antenna structure with a monopalm- design antenna structure
designed for the co- location of two (2) antenna arrays located at 8921 Electric Street within the PC
Planned Community Zone.
2. That the City Council reviewed the staff report analysis and recommendations,
including the proposed amendment to the Conditions of Approval for Conditional Use Permit No.
94 -6.
3. That the City Council, after proper notice thereof, duly held a public hearing on said
review and amendment as provided by law.
4. That the City Council hereby finds that:
a. The proposed location of the amended 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 amended 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 amended telecommunications antenna facility project would be
consistent with the IL Industrial Light District of the applicable Lincoln Avenue
Specific Plan and the surrounding uses within the same District and the PC Zone.
(2) No height increase would result from this amendment to the project.
Therefore, the project would still meet all applicable development standards, except
for an approved Variance No. 94 -1: allowing the antenna monopole structure to
exceed the 35 -foot height limit in the District/Zone and allowing the equipment
building to be located closer than ten feet (10') to the antenna monopole.
(3) The proposed antenna up -grade /replacement project would
implement the previously identified Phase 2 aesthetic improvements to the antenna
structure in compliance with the previously amended Condition No. 39.a. and would
install a structure capable of supporting and camouflaging the co- location of a
second (lower) antenna array to be operated by another telecommunications service
provider. Therefore, the amended conditions would be consistent with the originally
approved periodic review provisions of the Conditional Use Permit No. 94 -6 and the
antenna co- location provisions of the Cypress Zoning Ordinance.
378
(5) The amended telecommunications antenna facility project would
provide a public service for additional cellular telephone users in the Cypress area.
c. The proposed amended conditional use will comply with each of the
applicable provisions of the Zoning Ordinance, except for approved Variance No. 94 -1.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve the Amendment No. 2 to Conditional Use Permit No. 94 -6, subject to
the amended 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 26th day of March, 2007.
ATTEST:
tot(tboL 6Cc lc r,
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
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 said City Council held on the 26th
day of March, 2007, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Mills, Narain, Seymore and Luebben
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CLERK OF THE CITY OF CYPRESS
379
EXHIBIT "A"
Amendment No. 2 to Conditional Use Permit No. 94 -6
And Variance No. 94 -1
8921 Electric Street
CONDITIONS OF APPROVAL
Note:
Normal text denotes previously adopted conditions for the original antenna facility.
Bolded text denotes new and amended conditions.
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 ..q. - 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. Each antenna operator shall obtain a Cypress business license prior to commencement of
both of the cellular antenna operations.
5. All applicable conditions of Conditional Use Permit No. 94 -6, as amended on March
26, 2007, shall be complied with prior to final sign -off of the building permit for the
subject antenna structure.
6. 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 •
380
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 94 -6 and
Variance No. 94 -1
Conditions of Approval
Page 2
7. 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
8. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on
Mylar, signed by a registered California civil engineer and using actual grades from an
Orange County Surveyor's Benchmark shall be submitted for approval. A topography of the
area surrounding this development shall be made to establish existing drainage flow
patterns. If the existing natural flow of any adjoining parcel is across the land of this
development, a drainage easement shall be granted and drainage facilities provided for that
property to the satisfaction of the City Engineer. All onsite drainage conveyed to the street
shall be by means of an under - sidewalk drain. Onsite landscape areas shall have a slope
gradient of one percent (1 %) minimum in landscape areas. In parking areas, AC shall have
a minimum slope gradient of one and one -half percent (1.5 %) or as approved by the City
Engineer and concrete shall have a minimum slope gradient of two - tenths percent. (.2 %).
(Condition satisfied in 1995.)
9. A retaining wall per City standards shall be constructed at the property line where the finish
grade difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be
constructed per City standards to protect all block walls and structures exposed to vehicular
traffic. Vertical grade separation shall not exceed two feet (2') between two adjacent
properties. A single minimum eight -foot (8') tall block wall measured from the highest
adjacent finished grade shall be constructed along the North, South, and West property
lines and a six -foot (6') tall block wall shall be constructed along the lease line of the subject
antenna facility using decorative type cement blocks, subject to approval by the
Community Development Department. (Condition satisfied in 1995.)
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.
11. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
(Condition satisfied in 1995.)
• Public Works Plan Check & Inspection (Per Resolution 5069).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Grading Plan Check and Permit (Per Resolution 5069).
• All applicable Building Department fees.
• Community Development Department • Planning Division •
381
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 94 -6 and
Variance No. 94 -1
Conditions of Approval
STORMWATER QUALITY CONDITIONS
Page 3
12. Pursuant to the City's Water Quality Ordinance, if the City planning agency
determines that the project will have a "de minimis impact" on the quality of
stormwater runoff, then it may deem the project exempt from the Development
Planning Program and issue a written waiver of the requirements for preparation
and approval of a Water Quality Management Plan (WQMP). The applicant shall
still submit the "Owner's Certification of Compliance with Minimum
Requirements" and comply with the applicable construction requirements herein as
follows:
a. 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 BMPs 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.
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382
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 94 -6 and
Variance No. 94 -1
Conditions of Approval
Page 4
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."
13. The applicant shall implement the following project specific condition with regards
to water quality:
a. 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 situation where the threshold of a WQMP may not be met but
where the project requires urban control runoff measures.
COMMUNITY DEVELOPMENT CONDITIONS
14. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
15. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 94 -6 (as amended on March 26, 2007) will require another
amendment to the conditional use permit.
16. 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.
17. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
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383
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 94 -6 and
Variance No. 94 -1
Conditions of Approval
Page 5
18. 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.
19. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
20. All equipment, such as electrical wiring and mechanical equipment associated with the
utility room or monopole shall be enclosed in the equipment building, electrical cabinets,
cable bridge, or buried underground, subject to the approval of the Community
Development Department. Noise bafflers and/or deflectors shall be constructed on all
mechanical equipment mounted outdoors, to the satisfaction of City staff. Heating and air
conditioning units shall be adequately screened from public view subject to the
approval of City staff.
21. The air conditioning units shall comply with the City 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
materials.
23. 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 for a period of
one (1) year after installation.
24. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas. Three (3) mature palm trees, with a minimum beginning
height of thirty feet (30'), shall be planted around the site as shown on the approved Site
Plan or at locations designated by the Community Development Department staff.
25. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
26. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
27. 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.
+ Community Development Department • Planning Division •
384
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 94 -6 and
Variance No. 94 -1
Conditions of Approval
Page 6
28. 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.
29. 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.
30. Exterior building elevations shall be maintained in a safe appearance such that the buildings
are free of broken, missing or significantly cracked surface finished materials.
31. The City Council shall maintain the right to review the service hours of the antenna utility
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.
32. 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.
33. No advertising material shall be allowed on any part of the antenna facility.
34. All electrical wiring associated with any antenna shall be placed underground or
hidden in a manner acceptable to the Community Development Director.
35. 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.
36. The materials used in constructing the antenna shall not be unnecessarily bright,
shiny, garish, or reflective.
37. 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.
• Community Development Department • Planning Division •
385
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 94 -6 and
Variance No. 94 -1
Conditions of Approval
38. A wind velocity test shall be required, if deemed necessary by the Building Official.
Page 7
39. Conditional Use Permit No. 94 -6 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 whether new
technology can be applied to upgrade the aesthetic appearance of the facility and its
visibility from surrounding properties.
39.a. The telecommunications transmission antenna facility operator shall submit a proposal with
drawings and photo simulations for an aesthetically improved design for the antenna array
and support structure (monopole) onsite. The Phase 1 reductions to the scale of the antenna
array shall be completed within six (6) months of City Council approval (by December 10,
2002). The operator of the subject telecommunications antenna facility shall replace the
existing monopole antenna support structure with an imitation tree design structure, or some
other stealth facility design (subject to approval by the Staff Review Committee) upon
securing another company to collocate at this site, or upon the next five (5) year design
review. The revised the deadline dates for the Phase 2 improvements shall be as
follows: Phase 2 working drawings to be submitted for building plan check within
three (3) months (by June 26, 2007); Phase 2 building permit to be obtained within six
(6) months (by September 26, 2007); and Phase 2 completion of construction within
twelve (12) months (by March 26, 2008).
40. The Phase 2 antenna up- grade/replacement construction shall include a steel pole
structure not to exceed the previously approved 65 -foot height. The existing 360
square -foot equipment building shall remain unchanged. The amended
telecommunications antenna facility project shall maintain the previously approved
upper antenna array parameters for twelve (12) antenna panels, mounted on ten (10)
foot long T -Arms attached to the pole support structure, located within the imitation
palm fronds of the monopalm. The new second (lower) antenna array shall be limited
to a height of 49 feet within the "wilted fronds" portion of the imitation foliage. The
pole exterior shall be treated to look like a palm tree trunk. The proposed second
antenna system shall not exceed six (6) panel antennas, 1 GPS antenna, and 1
microwave antenna, as well as four (4) ground -level equipment cabinets (fully screened
by the existing masonry enclosure wall). The project shall also include the relocation
of one (1) of the three (3) existing mature palm trees that would conflict with
construction activities. If the same tree cannot be relocated, the replacement tree shall
be the at least the same height as the removed tree.
• Community Development Department • Planning Division •
386
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 94 -6 and
Variance No. 94 -1
Conditions of Approval
Page 8
41. Any advancement in technology which may reduce the size of the pole, grid panels, or
microwave dishes shall be brought to the City Council for a public hearing. Minor
modifications of this type may be approved through design review by the Staff Review
Committee.
42. Any substantiated radio transmission interference shall require a change in the antenna
transmission signals and/or the placement of the equipment, subject to a public hearing
before the City Council.
43. Any substantiated complaints or violations related to these conditions may result in the
termination of this use, subject to a public hearing before the City Council.
44. If the cellular telecommunications utility use ceases to exist at this site, the applicant/owner
of the facility shall remove all structures and equipment from the lease property.
45. A faithful performance bond to ensure the removal of abandoned antenna facilities
shall be posted prior to the issuance of building permits.
46. 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.
47. Public Safety. Telecommunications antenna owner /operator recognizes that the
frequencies used by the cellular facility located at 8921 Electric 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, (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.
48. 800 MHz Frequency. At all times, telecommunications antenna owner /operator
shall not prevent City of Cypress from having adequate spectrum capacity on City's
800 MHz radio frequency.
• Community Development Department • Planning Division •
387
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 94 -6 and
Variance No. 94 -1
Conditions of Approval
Page 9
49. Post - Installation Test. Before activating its facility, telecommunications antenna
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
telecommunications 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.
50. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
51. 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.
52. 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
53. Applicant/developer shall obtain the required permits and 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.
54. 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.
55. Type 5 cement shall be used for all foundations and slabs on grade.
56. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
• Community Development Department • Planning Division •
388
Exhibit "A"
Amendment No. 2 to Conditional Use Permit No. 94 -6 and
Variance No. 94 -1
Conditions of Approval
57. The equipment enclosure shall be of non- combustible construction.
REDEVELOPMENT CONDITION
Page 10
58. 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.
FIRE AUTHORITY CONDITIONS
59. Prior to the issuance of any grading permits, the applicant shall submit and obtain the Fire
Chiefs approval for the construction of any emergency access gate. Contact the Orange
County Fire Authority at (714) 744 -0499 for a copy of the "Guidelines for Fire Authority
Emergency Access ".
60. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to final sign -off of the building permit.
Revised: 3 -26 -2007
• Community Development Department • Planning Division +