HomeMy WebLinkAboutResolution No. 4683112
RESOLUTION NO. 4683
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 96 -7 - 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 digital phone transmission facility, consisting of three (3) flush- mounted antennas
attached to an existing roof equipment screen with a maximum height of thirty -nine feet (39')
and a ground - mounted electrical equipment cabinet, at an existing office /warehouse development
located at 6803 International 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 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 PC -1 Planned Community Business Park Zone.
(2) The proposed unmanned wireless digital phone transmission facility
is compatible with surrounding business park and residential uses.
(3) The proposed 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.
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(7) The antenna structure 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.
(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 Lusk - Cypress Industrial Park
Landscape Design Criteria, Development Standards, and Covenants, Conditions and
Restrictions.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 96 -7, 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 August , 1996.
MAYOR OF TH ITY OF CYPRESS
ATTEST:
CYPRESS
CI ERK OF THE CITY OF
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN 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 August , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carroll, Jones, Kerry
and Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0
COUNCIL MEMBERS: None
2
CITY CLERK OF THE CITY OF CYPRESS
114
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 96 -7
6803 INTERNATIONAL AVENUE
CONDITIONS OF APPROVAL
* Denotes conditions which are 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 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
Personal Communication Systems (PCS) 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 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
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 96 -7
Conditions of Approval
115
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 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.
PLANNING CONDITIONS
7. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 96 -7 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 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.
12. All ground -level equipment shall be painted to blend in with the landscape planter in
which they are located.
13. The project shall be constructed as illustrated on plans and renderings submitted. The
final color of the roof equipment screen mounted antennas shall be submitted to City staff
for review and approval prior to actually painting the structure.
14. 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.
• Community Development Department • Planning Division •
116
Exhibit "A"
Conditional Use Permit No. 96 -7
Conditions of Approval
15. Exterior storage is specifically prohibited.
Page 3
16. The developer shall comply with all FAA requirements 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.
*17. Any feasible advancement in technology which may reduce the size or height of the
antennas, 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.
*18. Conditional Use Permit No. 96 -7 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.
*19. Any substantiated radio transmission interferences shall require a change in the wireless
communications transmission signal and/or equipment, subject to a public hearing before
the City Council.
20. 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.
21. 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.
*22. If the digital communications utility use ceases to exist at the site, the applicant shall
remove all structures and equipment from the lease property within six (6) months.
Pacific Bell Mobile Services shall post a bond for the cost of removal, to ensure such
performance.
*23. The lease agreement between the property owner and the digital wireless communications
facility operator shall not include exclusive rights which prohibit co- location of similar
facilities where it is technically feasible to do so.
BUILDING CONDITIONS
24. 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.
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 96 -7
Conditions of Approval
117
Page 4
25. The antennas shall be adequately grounded for protection against a lightning strike.
26. A wind velocity test shall be required, if deemed necessary by the Building Official.
27. The antenna system shall be installed and maintained in compliance with the requirements
of the Building Code. Antenna installers shall obtain a building permit prior to
installation.
28. A building permit shall be obtained for the existing roof - mounted satellite dish antenna
and equipment screen, prior to issuance of building permits for the PCS transmission
facility.
29. No advertizing material shall be permitted on the antenna support structure, or electrical
equipment cabinet.
Effective 8 -12 -96
• Community Development Department • Planning Division •