Resolution No. 5505 2 .19
RESOLUTION NO. 5505
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2001-13 -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 a conditional use permit in accordance with the
provisions of Section 35, Division 7 of the Zoning Ordinance of the City of Cypress to allow the
construction and operation of an unmanned wireless telecommunications antenna facility,
consisting of a fifty-foot (50') tall monopole-type antenna system and a 148.5 square-foot electrical
equipment enclosure, within an outdoor lease area of an existing commercial center, located at 4129
Ball Road in 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 is a conditionally permitted use within
the CG-10,000 Commercial General Zone.
(2) As designed and conditioned, the proposed unmanned wireless
telecommunications antenna facility is compatible with surrounding commercial and
residential uses.
(3) The wireless telecommunications antenna facility will provide
additional telecommunication service for wireless telephone users located in, and
passing through, the City of Cypress.
(4) This wireless telecommunications antenna facility will be located
and designed so as to minimize the visual impact on surrounding properties and
from public streets.
(5) The materials used in the construction of the wireless
telecommunications antenna facility will not be bright, shiny, garish or reflective.
(6) The monopole 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 will not generate radiation levels considered
harmful by the Federal Government.
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(8) The proposed 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 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 in the City of Cypress.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2001-13, subject to the 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 November, 2001.
.`�/^
MAYOR OF THE CITY OF CYPRESS
ATTEST:
�1 II Y CLERK OF T CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss
I, JILL R. INGRAM-GUERTIN, 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 26th day of November, 2001, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McCoy, Piercy, Sondhi, and McGill
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
' tA,#. 0 ,4 •
CITY CLERK OF Td CITY OF CYPRESS
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EXHIBIT "A"
Conditional Use Permit No.2001-13
4129 Ball Road
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
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 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. City shall further cooperate fully in the defense of the action and should the City fail
to either promptly notify or cooperate fully, developer shall not thereafter be responsible to
defend, indemnify, or hold harmless the City.
2. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit of
not less than $500,000 each occurrence in connection with the work performed. Certificate
shall include the City, its Council, officers, members of boards or commissions and
employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a thirty(30) day cancellation notice to the City of Cypress.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
5. The applicant/telecommunications service provider shall obtain a Cypress business license
prior to commencement of the antenna facility operation.
6. All applicable conditions of Conditional Use Permit No. 2001-13 shall be complied with
prior to final sign-off of building permits for the antenna facility.
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 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
• Community Development Department• Planning Division •
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Exhibit "A" Page 2
Conditional Use Permit No. 2001-13
Conditions of Approval
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.
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 improvement 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
10. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2001-13 will require an amendment to the conditional use
permit.
11. If any change in use of the wireless telecommunications antenna facility is proposed to
permit any form of video transmission, this conditional use permit must be amended,
subject to a public hearing.
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. 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.
14. 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.
15. The materials on the electrical equipment enclosure wall and the base of the antenna
monopole shall be constructed and treated with materials to match the brick
treatment on the existing commercial bank building and trash enclosure located on
the same property. The final exterior materials and color scheme shall be submitted
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Exhibit "A" Page 3
Conditional Use Permit No. 2001-13
Conditions of Approval
to City staff for review and approval prior to issuance of building permits.
16. Six (6) live pine trees shall be planed in landscape planters throughout the subject
shopping center. The locations, size and type of trees shall be subject to approval by
the Planning Division prior to installation.
17. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
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. All product and material storage shall occur within the masonry enclosure. Exterior storage
is specifically prohibited.
20. 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.
21. 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.
22. 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.
23. No advertising material shall be allowed on any antenna.
24. 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.
25. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective.
26. The antenna shall 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
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Exhibit "A" Page 4
Conditional Use Permit No. 2001-13
Conditions of Approval
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.
27. A wind velocity test shall be required, if deemed necessary by the Building Official.
28. 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.
29. A faithful performance bond to ensure the removal of abandoned antenna facilities (within
six months of abandonment) shall be posted prior to the issuance of building permits.
30. Conditional Use Permit No. 2001-13 for a cellular, pcs, or other wireless antenna shall be
reviewed at least every five (5) years by the Planning Agency. Such review shall focus on
whether changing technology has rendered the design obsolete. Any feasible technology
which may reduce the size or height of the monopole, antennas, grid panels, etc. shall be
brought to the City Council for consideration during this review. Minor modifications of
this type may be approved by the Design Review Committee.
31. 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).
32. 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.
33. 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.
34. 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. Furthermore, any temporary generators associated with
the testing of the antenna facility shall comply with the provisions of the Cypress
Noise Ordinance.
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Exhibit "A" Page 5
Conditional Use Permit No. 2001-13
Conditions of Approval
35. 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.
111111 DING CONDITIONS
36. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative
Code,Title 24, and the Code of the City of Cypress.
37. 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.
38. Type 5 cement shall be used for all foundations and slabs on grade.
39. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
40. 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.
41. Construction bins for non-recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be placed "on site" out of the public
right-of-way. (Example: street side of curb is public right-of-way. Not allowed).
Effective 11-26-2001
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