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Resolution No. 5567 450 RESOLUTION NO. 5567 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 94-6 — REDUCING THE SCALE OF THE EXISTING ANTENNA ARRAY AND AMENDING CONDITION NO. 39.A. THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That a follow-up to the three-year periodic review of Conditional Use Permit No. 94-6 was conducted by the City of Cypress on June 10, 2002, pursuant to Condition No. 39.a of said permit to review "a proposal with drawings and photo simulations for an aesthetically improved design for the antenna array and support structure (monopole) onsite". The subject facility includes an existing telecommunications transmission antenna (65-foot tall monopole-type) and a 360 square-foot equipment building located at 8921 Electric Street within the PC Planned Community Zone. The amended telecommunications antenna facility project would reduce the number of antennas from twenty-one (21) antennas to twelve (12) antennas, mounted on T-Arms attached to the monopole support structure. Additionally, the T-Arms holding the antennas would be reduced in length from twenty(20)feet to ten (10)feet. 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) The amended telecommunications antenna facility project would reduce the number of antennas mounted on the T-Arms and would reduce the length of the T-Arms supporting the antennas on the monopole. 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 reduction in the scale of the antenna array would meet the intent of Condition Nos. 38, 39 and 39.a. of Conditional Use Permit No. 94-6, pending more extensive improvements within the next five (5) years, as set forth in -1- 451 the amended Condition No. 39.a. IN exhibit`B" attached. (4) The amended Condition No. 39.a. would require the current operator of the subject telecommunications antenna facility to replace the existing monopole antenna support structure with an imitation tree design structure, or a stealth facility design, upon securing another company to collocate at this site, or upon the next five (5) year design review in 2006 (whichever occurs first). Therefore, the amended condition would be consistent with the originally approved periodic review provisions of the Conditional Use Permit No. 94-6. (5) The amended telecommunications antenna facility project would continue to provide a public service for 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 to Conditional Use Permit No. 94-6, subject to the previously approved Condition Nos. 1-47 attached hereto as Exhibit "A", and subject to the previously amended Condition No. 39 and the current amendment to Condition No. 39.a. attached hereto as Exhibit`B". PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 10th day of June, 2002. MAY F THE CITY OF CYPRESS A'ITTEST: ! . v. .�1,:tlLA FY CLERK OF CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, JILL R. INGRAM-GUERT1N, 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 10th day of June, 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 •1,. J . tilt* / ' ITY CLERK OF CITY OF CYPRESS -2- 2 EXHIBIT "B" Amendment to Conditional Use Permit No. 94-6 8921 Electric Street AMENDED CONDITIONS OF APPROVAL Bold Italics denotes revised text. COMMUNITY DEVELOPMENT CONDITIONS 39. Conditional Use Permit No 94-6 shall be subject to periodic review by the City Council every five (5) years to determine if new technology can be applied to upgrade the facility and its visibility from surrounding structures. (Reference: Cypress Zoning Ordinance, Section 19.21.11) 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 in March of 2006(whichever occurs first). Said proposal shall be fully completed by January 28, 2006 (three months prior to the next review deadline). Failure to do so shall result in an automatic compliance review and reconsideration of the Conditional Use Permit No. 94-6 at a public hearing by the City Council. (Effective: 6-10-2002) • Community Development Department •Planning Division•