Resolution No. 4890332
RESOLUTION NO. 4890
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 97-10 - 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 17.2 of the Zoning Ordinance of the City of Cypress to allow an unmanned
wireless telecommunications transmission facility, consisting of: a 12'W x 30'L x 10'H electronic
equipment enclosure building, a 50 -foot high tapered steel monopole with (6) six directional
cellular antennas, and (1) one each GSP, Loran, and Test Mobile Antennas, located at an existing
office /warehouse development located at 6555 Katella Avenue, within the PC -1 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 -1 Zone in which the site is located,
which is:
Intended to encourage the establishment of compatible industries in areas where it is
deemed desirable to provide for limited manufacturing facilities and to establish
standards of design and type of use which will enhance the area, be in harmony with
the objectives of the General Plan and minimize detrimental effects to the public
health, safety and welfare; to designate an area for modern industrial and research
developments and commercial uses that can meet high performance and
development standards, while benefiting the community through growth, prosperity
and providing an increasing supply of citizen employment and services; and to
allow diversification of specified land uses as they relate to each other in a physical
and environmental arrangement, while ensuring substantial compliance with the
overall goals of the City as identified in the various elements of the General Plan.
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 materially injurious to properties or improvements in the vicinity in that:
(1) The proposed cellular antenna facility use is a conditionally
permitted use within the PC -1 Planned Community Business Park Zone.
(2) As conditioned, the proposed unmanned wireless
telecommunications transmission facility is compatible with surrounding business
park and residential uses.
(3) Based on the available information regarding electromagnetic
radiation emissions, the proposed antenna facility will not generate radiation levels
considered harmful by the Federal Government.
(4) 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.
(5) The materials used in the construction of the wireless
telecommunications transmission antenna facility will not be bright, shiny, garish or
reflective.
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(6) This wireless telecommunications antenna facility will be located
and designed so as to minimize the visual impact on surrounding properties and
from public streets.
(7) The antenna monopole and equipment enclosure building will be
placed in an area which does not conflict with onsite parking and vehicle
circulation.
(8) The wireless telecommunications transmission facility will provide
additional public communication service for wireless telephone users located in, and
passing through, the City of Cypress.
(9) No complaints have been received regarding the five (5) existing
wireless telecommunication transmission antenna facilities located in the City of
Cypress.
c. As conditioned, the proposed conditional use complies with each of the
applicable provisions of Section 13.4 of the Cypress Zoning Ordinance regarding antennas,
except Variance No. 97 -9 allowing the proposed antenna to be located closer than 300 feet
from a residential zone and closer than ten (10) feet to other structures.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 97 -10, 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 12th day of January , 1998.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYORIOF TIC CITY OF CYPRESS
I, LILLIAN M. HAINA, 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
12th day of January , 1998, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Keenan, Piercy and Jones
NOES: o COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 97-10
6555 KATELLA AVENUE
CONDITIONS OF APPROVAL
* Denotes conditions which are specific to this project.
Bold Denotes mitigation measures identified in the Initial Study for the 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. The applicant shall obtain a Cypress business license prior to commencement of the
wireless telecommunications transmission 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 -
Recorder in the amount of Thirty-eight Dollars ($38.00) County administrative fee, to
enable the City to file the Notice of Determination required under Public Resources Code
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 97 -10
Conditions of Approval
Page 2
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.
ENGINEERING CONDITIONS
6. 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.
COMMUNITY DEVELOPMENT CONDITIONS
7. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 97 -10 will require an amendment to the conditional use permit.
*8. If any change in use of the wireless communications transmission facility is proposed to
permit any form of video transmission, this conditional use permit must be amended,
subject to a public hearing.
9. 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.
10. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
11. All equipment, such as electrical wiring and mechanical equipment associated with the
antennas shall be buried underground or enclosed in the electrical equipment enclosure
building. Noise bafflers and/or deflectors shall be constructed on all mechanical equipment,
such as air conditioners, mounted outdoors, if determined necessary by City staff.
12. The materials on the masonry mechanical equipment enclosure building shall be
constructed and treated to match the color and texture of the existing
office /warehouse building located on the same property (Mitigation Measure No. 3).
13. The project shall be constructed as illustrated on plans and renderings submitted. The final
color of the monopole and equipment enclosure building shall be submitted to City staff for
review and approval prior to actually painting the structures.
14. The materials used in constructing the proposed antenna facility shall not be bright,
shiny, garish, or reflective (Mitigation Measure No. 1).
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Exhibit "A"
Conditional Use Permit No. 97 -10
Conditions of Approval
Page 3
15. No advertising material shall be permitted on the antenna structure or equipment
enclosure building (Mitigation Measure No. 2).
16. Exterior storage is specifically prohibited.
17. The developer shall comply with all FAA requirements related to the height of the
monopole -type antenna structure, should any portion of the project encroach within the 100
to 1 imaginary surface surrounding the Los Alamitos Air Base. Encroachment within the
50 to 1 approach surface will require approval by the FAA.
*18 Twenty (20) mature trees shall be planted on the subject property along the northern
perimeter of the property screen the antenna monopole from adjacent residences. Five (5)
mature trees shall be planted around the antenna pole and accessory building to lessen the
visibility and perceived scale of the antenna facility from Holder Street and Global Drive.
The required trees shall be a minimum box size and of a variety approved by the
Community Development Department, to reach a minimum mature height of 30 feet
in order to offset the view of the antenna facility from surrounding properties to the
fullest extent feasible. (Mitigation Measure No. 4)
19. A detailed landscape 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 for a period of one year from
the date of acceptance by the City.
20. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
*21. Any feasible advancement in technology which may reduce the size or height of the
monopole, antennas, grid panels, etc. 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.
*22. Conditional Use Permit No. 97 -10 shall be subject to a periodic review by the City Council
every five (5) years to determine if new technology can be applied to upgrade the wireless
communications transmission facility and reduce its visibility from surrounding properties.
*23. Any substantiated radio transmission interference shall require a change in the wireless
communications transmission signal and/or equipment, subject to a public hearing before
the City Council.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 97 -10
Conditions of Approval
337
Page 4
24. Any substantiated complaints or violations regarding these conditions may result in the
termination of this use, subject to a public hearing before the City Council.
25. 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 impact upon neighboring properties.
*26. 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. To ensure the removal of
abandoned antenna facilities, AirTouch Cellular shall post a faithful performance bond prior
to issuance of building permits.
*27. The lease agreement between the property owner and the wireless telecommunications
transmission facility operator shall not include exclusive rights which prohibit co- location
of similar facilities where it is technically feasible to do so.
BUILDING CONDITIONS
28. 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.
29. The antenna system shall be installed and maintained in conformance with the applicable
City building code regulations. Prior to issuance of a building permit, the applicant shall
submit written documentation of conformance, including load distributions within the
building's support structure, certified by a registered engineer.
30. The antennas shall be adequately grounded for protection against a lightning strike.
31. A wind velocity test shall be required, if deemed necessary by the Building Official.
Effective 1 -12 -98
• Community Development Department • Planning Division •