Resolution No. 4921432
RESOLUTION NO. 4921
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 97 -32 - 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 antenna facility, consisting of a forty-foot (40') high monopole -type
antenna system and a 10' x 20' electrical equipment enclosure building, within an outdoor lease
area of an existing contractor's office /yard, located at 8911 Watson Street in the ML- 10,000
Industrial Light 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 as an area for light industrial and limited service commercial uses
that can meet high performance standards, but that frequently do not meet
site development standards appropriate to planned research and
development of industrial parks.
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 ML- 10,000 Industrial Light Zone.
(2) As conditioned, the proposed unmanned wireless
telecommunications antenna facility is compatible with surrounding commercial
and industrial uses.
(3) The wireless telecommunications antenna facility will provide
additional telecommunication service for digital mobile telephone and radio 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 equipment enclosure building 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.
(8) The proposed project will be conditioned such that, should
substantiated complaints be received that the subject facility is causing adverse
433
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 five (5) 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 Cypress Zoning Ordinance and the Lincoln Avenue Redevelopment
Project Redevelopment Plan. Specifically, this wireless telecommunications antenna
facility complies with the requirements of Section 13.4 of the Cypress Zoning Ordinance
regarding antennas, except Variance No. 97 -10 allowing the proposed forty-foot (40')
high antenna system, which exceeds the thirty -five foot (35') height limit in the ML-
10,000 Industrial Light Zone.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 97 -32, 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 23rd day of March , 1998.
MAY CITY OF CYPRESS
ATTEST:
,..,- Ott) 4.--a;
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 23rd day of March 1998, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll, Keenan, Piercy
and Jones
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
434
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 97-32
8911 WATSON STREET
CONDITIONS OF APPROVAL
* Denotes conditions which are specific to this project.
Bold Denotes mitigation measures identified in the Initial Study for the project.
Italics Denotes revised conditions.
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
e
time period. City shall further cooperate ratfully erate the
fullyd� developeh action
City fail to either promptly notify cooperate
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
Section 21152. If within such forty -eight (48) hour period the applicant/developer has not
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435
Exhibit "A"
Conditional Use Permit No. 97 -32
Conditions of Approval
Page 2
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 below standard, development
are damaged
replaced dt ethe
construction, cracked, or otherwise
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 -32 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 with materials to match the color and texture of the existing
contractor's office building located on the same property. Upon future redevelopment
of the subject property, the equipment enclosure structure shall be modified to match
the color and materials of the new development. Such modifications shall include the
possible replacement of the chain link fence, surrounding the subject lease area, with
masonry or wrought iron fencing, subject to review and approval by the Design
Review Committee. (Mitigation Measure No. 3).
13. The project shall be constructed as illustrated on plans and renderings submitted. The final
design of the monopalm -type antenna and equipment enclosure building shall be submitted
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436
Exhibit "A"
Conditional Use Permit No. 97 -32
Conditions of Approval
Page 3
to the Planning Division staff for review and approval prior to submittal into Building
Division plan- check. The type and density of palm foliage shall be subject to City staff
review and approval.
14. The materials used in constructing the proposed antenna facility shall not be bright,
shiny, garish, or reflective. The antenna monopole shall be painted a color which will
blend with the general skyline. The paint color shall be subject to review and
approval by the Community Development Department, prior to painting the
monopole. (Mitigation Measure No. 1).
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 A minimum of two (2) mature trees at a minimum installation height of thirty (30) feet
shall be installed at the subject property to offset the visible height and scale of the
antenna structure from surrounding properties, to the fullest extent feasible. All
landscaping materials shall be approved by the Community Development
Department, prior to issuance of building permits for the project. (Mitigation
Measure No. 4)
18. 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 (1) year
from the date of acceptance by the City.
19. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
*20. 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.
*21. Conditional Use Permit No. 97 -32 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.
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437
Exhibit "A"
Conditional Use Permit No. 97 -32
Conditions of Approval
Page 4
*22. 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.
23. 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.
24. 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.
*25. 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, Nextel Communications, Inc. shall post a faithful performance
bond prior to issuance of building permits.
*26. 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
27. Applicant/developer shall comply with applicable provisions of the 1994 Uniform Building,
Plumbing and Mechanical Codes, 1993 National Electrical Code, California Code of
Regulations, Title 24, and the Code of the City of Cypress.
28. 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.
29. Type 5 cement shall be used for all foundations and slabs on grade.
30. 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.
31. The antennas shall be adequately grounded for protection against a lightning strike.
32. A wind velocity test shall be required, if deemed necessary by the Building Official.
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Exhibit "A"
Conditional Use Permit No. 97 -32
Conditions of Approval
FIRE AUTHORITY CONDITIONS
Page 5
33. Prior to the issuance of any grading permits, the applicant shall submit to the Fire Chief a
list of the quantities of all hazardous, flammable and combustible materials, liquids or
gases. These liquid and materials are to be classified according the "Orange County Fire
Authority Chemical Classification Handout." Provide a summary sheet listing each hazard
class, the total quantity of chemicals stored per class and the total quantity of chemicals
used in that class. All forms of materials are to be converted to units of measure in pounds,
gallons and cubic feet. Compressed gases and compressed liquified gases are to be
converted to cubic feet.
REDEVELOPMENT AGENCY CONDITIONS
34. The property owner and the owner /operator of the telecommunications antenna facility
acknowledge and agree that the facility is a public utility, and that neither the property
owner or the owner /operator shall be entitled to compensation from the City of Cypress or
the Cypress Redevelopment Agency for the costs incurred in relocating the facility or any
portion thereof if required in furtherance of a redevelopment project.
Effective 3 -23 -98
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