Resolution No. 5531 3 3 3
RESOLUTION NO. 5531
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2002-02 -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 install four
(4) roof-mounted antenna's on the Vertex Standard building located at 10900 Walker Street within
the PC-3 Planned Community Business Park 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-3 Planned Community Business Park
Zone in which the site is located, which is:
Intended to ensure responsible development through more precisely defined
land uses, infrastructure, circulation patterns, development standards, and
design guidelines, while allowing for creative and imaginative community
design concepts tailored to meet the needs of the particular area.
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 subject unmanned wireless telecommunications transmission
facility is compatible with surrounding commercial, office, and restaurant uses
within the same PC-3 Planned Community Business Park Zone.
(2) The proposed antenna's are a permitted accessory use within the PC-
3 Planned Community Business Park Zone.
(3) This wireless telecommunications transmission facility complies
with the requirements of Section 19, Division 2, of the Cypress Zoning Ordinance
with regard to antennas.
(4) This roof-mounted antenna's will be located so as to minimize the
visual impact on surrounding properties and from public streets.
(5) The proposed project is 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.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance and the McDonnell Center Specific Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2002-02, subject to the conditions
attached hereto as Exhibit "A".
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334
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting
held on the 11th day of March, 2002.
M • ' OF THE CITY OF CYPRESS
ATTEST:
It; r / klAti
Y CLERK OF T fr 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 11th day of March, 2002, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan,McGill, Piercy, McCoy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
0111)
!aft&
ITY CLERK OF al CITY OF CYPRESS
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335
EXHIBIT "A"
CONDITIONAL USE PERMIT NO.2002-02
10900 Walker Street
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 applicable conditions of Conditional Use Permit No. 2002-02 shall be complied with
prior to final sign-off of the building permit for the subject antenna's.
5. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk-
Recorder in the amount of Forty-Three Dollars ($43.00) County administrative fee, to
enable the City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and
California Code of Regulations, Title 14, section 753.5. If, within such forty-eight(48) hour
period, the applicant/developer has not delivered to the Community Development
Department the check required above, the approval for the project granted herein shall be
void.
• Community Development Department•Planning Division •
3 3 6
Exhibit "A" Page 2
Conditional Use Permit No. 2002-02
Conditions of Approval
6. 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.
COMMUNITY DEVELOPMENT CONDITIONS
7. Any expansion or modification of the approved roof-mounted antenna's beyond what is
approved as part of Conditional Use Permit No. 2002-02 will require an amendment to the
conditional use permit.
8. 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.
9. Architectural plans shall be reviewed and approved by the Community Development
Department prior to the issuance of building permits.
10. The antennas shall be painted to blend with the exterior color of the building upon
which they are located. The color shall be submitted to City staff for review and
approval prior to the painting of the antennas.
11. 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.
12. No advertising material shall be allowed on any antennas.
13. All electrical wiring associated with any antenna shall be hidden from view in a
manner acceptable to the Community Development Director.
14. The materials used in constructing the antenna shall not be unnecessarily bright,
shiny, garish,or reflective.
15. 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
• Community Development Department • Planning Division •
337
Exhibit "A" Page 3
Conditional Use Permit No. 2002-02
Conditions of Approval
for lead-in, suitable protection may be provided without lightning arrestors by
grounding the exterior metal sheath.
16. A wind velocity test shall be required,if deemed necessary by the Building Official.
17. At no time shall the subject antennas prevent the City of Cypress from having
adequate spectrum capacity on the City's 800 MHz radio frequency. Upon
notification that the antennas are impacting the City's 800 MHz system, the
operator of the antennas shall immediately discontinue the use of the antennas until
such time as the problem can be resolved.
18. The height of the antennas shall not exceed twelve feet (12') in height as measured
from the base of the antennas. In the event the antennas are visible from either the
adjacent streets, or at ground level of adjacent properties, the applicant shall install
screening around the antennas to the satisfaction of the Community Development
Director.
RIMMING CONDITION
19. 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.
Effective: 3-11-2002
• Community Development Department •Planning Division •