Resolution No. 4576203
RESOLUTION NO. 4576
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 95 -22 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF' CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was tiled for a conditional use permit in accordance with the
provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to allow an unmanned
wireless digital phone transmission facility, consisting of a forty -foot (40') high monopole
antenna and two (2) electrical equipment cabinets, within an outdoor lease area located on the
property located at 5175 Lincoln Avenue in the CH- 10,000 Commercial Heavy 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 zone in which the site is
located is:
Intended to provide appropriately located areas for establishments catering
primarily to highway travelers, visitors to the City or such businesses or
uses where direct access to major arterial highways is essential or desirable
for their operation.
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 public utility use is a conditionally permitted use
within the CH- 10,000 Commercial Heavy Zone.
(2) The proposed unmanned wireless digital phone transmission facility
is compatible with surrounding commercial and residential uses.
(3) The wireless digital phone transmission facility will provide
additional public communication service for wireless digital phone users located
in, and passing through, the City of Cypress.
(4) This wireless digital phone transmission facility complies with the
requirements of Section 13.4 of the Cypress Zoning Ordinance with regard to
antennas, including maximum height and minimum setbacks.
(5) This wireless digital phone transmission facility will be located and
designed so as to minimize the visual impact on surrounding properties and from
public streets.
(6) The materials used in the construction of the wireless digital phone
transmission facility will not be bright, shiny, garish or reflective.
(7) The monopole and wireless digital phone transmission equipment
cabinets will be placed in an area which does not conflict with onsite parking and
vehicle circulation.
(8) 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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(9) 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.
(10) No complaints have been received regarding the two (2) existing
wireless analog phone transmission facilities located in the City of Cypress.
c. The proposed conditional use will comply with each of the applicable
provisions of the Cypress Zoning Ordinance and the Lincoln Avenue Redevelopment
Project Redevelopment Plan.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 95 -22, 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 11th day of December , 1995.
MAYOR OF THE ITY OF CYPRESS
ATTEST:
CITY LERK OF THE CI OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, 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 December , 1995, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Carroll, Jones, Kerry and Bowman
NOES: 1 COUNCIL MEMBERS: Age
ABSENT: 0 COUNCIL MEMBERS: None
2
CITY CLERK OF THE CITY OF CYPRESS
205
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 95 -22
5175 LINCOLN AVENUE
CONDITIONS OF APPROVAL
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 seg. - 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. The applicant shall obtain a Cypress business license prior to commencement of the
cellular facility operation.
5. Within forty -eight (48) hours of the approval of the project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk
in the amount of Twenty -five Dollars ($25.00) County administrative fee, to enable the
City to file the Notice of Determination required under Public Resources Code Section
21152. 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 •
206
Exhibit "A"
Conditional Use Permit No. 95 -22
Conditions of Approval
ENGINEERING CONDITIONS
Page 2
6. 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. All lots 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 %).
7. 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.
8. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
Engineering Plan Check & Inspection Fee (Per Resolution 2964).
Grading Plan Check and Permit (Per Resolution 2964 & 3662).
All applicable Building Department fees.
PLANNING CONDITIONS
9. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
10. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 95 -22 will require an amendment to the conditional use
permit.
11. 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.
12. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
• Community Development Department • Planning Division •
207
Exhibit "A"
Conditional Use Permit No. 95 -22
Conditions of Approval
Page 3
13. All equipment, such as electrical wiring and mechanical equipment associated with the
antenna monopole shall be buried underground or enclosed in the electrical equipment
cabinets. Noise bafflers and/or deflectors shall be constructed on all mechanical
equipment, such as air conditioners, mounted outdoors, if determined necessary by City
Staff.
14. The project shall be constructed as illustrated on plans and renderings submitted. The
final color of the monopole shall be submitted to City staff for review and approval prior
to actually painting the structure.
15. If determined necessary by the Design Review Committee, two (2) mature trees shall be
planted on the subject property at locations designated by the Community Development
Director to lessen the visibility and perceived scale of the antenna monopole. The
required trees shall be a minimum box size and of a variety approved by the Community
Development Director.
16. 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
commencement of the landscaping improvements. In addition, a bond shall be posted
with the Public Works Department to guarantee against defects in plant materials and
workmanship.
17. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
18. The applicant/developer shall not erect or display on the subject property any signs which
have not been approved in writing by the Community Development Department.
19. Exterior storage is specifically prohibited.
20. 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.
21. The perimeter enclosure fence shall be constructed of block masonry and stuccoed to
match the exterior of the existing commercial center buildings on the same property. All
walls shall be maintained free of significant surface cracks, dry rot, warping, missing
panels or blocks which threaten the structure's structural integrity or appearance.
22. 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.
• Community Development Department • Planning Division •
208
Exhibit "A"
Conditional Use Permit No. 95 -22
Conditions of Approval
Page 4
23. Although it has been determined that no portion of the subject development encroaches
within the 50 to 1 approach surface, nor the 100 to 1 imaginary surface surrounding the
Los Alamitos Air Base, the developer shall comply with any other FAA requirements
related to the height of the cellular antenna structure.
24. Any feasible advancement in technology which may reduce the size of the pole, grid
panels, or microwave dishes shall be brought to the City Council for consideration at a
public hearing. Minor modifications of this type may be approved by the Design Review
Committee.
25. Conditional Use Permit No. 95 -22 shall be subject to a periodic review by the City
Council every three (3) years to determine if new technology can be applied to upgrade
the facility and its visibility from surrounding properties.
26. Any substantiated radio transmission interferences shall require a change in the cellular
transmission signal and /or equipment, subject to a public hearing before the City Council.
27. Any substantiated complaints or violations to these conditions may result in the
termination of this use, subject to a public hearing before the City Council.
28. The City Council shall maintain the right to review the service hours of operation and
may, subject to a public hearing, limit the business hours should substantiated complaints
be received that the service hours are creating an adverse impact upon neighboring
properties.
29. If the cellular utility use ceases to exist at the site, the applicant shall remove all structures
and equipment from the lease property within six (6) months.
30. The owner /operator of the cellular antenna facility shall hereby waive all relocation
benefits possible though any future redevelopment process.
BUILDING CONDITIONS
31. Applicant/developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
32. 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.
33. Type 5 cement shall be used for all foundations and slabs on grade.
• Community Development Department • Planning Division •
209
Exhibit "A"
Conditional Use Permit No. 95 -22
Conditions of Approval
Page 5
34. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
35. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other
pertinent information under good engineering practice.
36. The monopole /antennas shall be adequately grounded for protection against a lightning
strike.
37. A wind velocity test shall be required, if deemed necessary by the Building Official.
38. The monopole /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.
39. No advertizing material shall be permitted on the monopole, antenna structures, or
perimeter fence.
40. If any change in use of the monopole is proposed to permit any form of video
transmission this conditional use permit must be amended, subject to a public hearing.
41. This conditional use permit expires five (5) years from the date of approval by the City
Council.
Revised 12 -13 -95
• Community Development Department • Planning Division •