Resolution No. 4610355
RESOLUTION NO. 4610
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 96 -1 - 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 a
telecommunications facility, consisting of a forty foot (40') high monopole antenna and seven
(7) electrical equipment cabinets, within an outdoor lease property located at 5285 Cypress Street
in the PS Public and Semi - public 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 permit adequate identification of areas reserved and developed
for public uses other than street rights -of -way, to provide for expansion
of their operations or change in use, and to identify and preserve areas of
historic and community significance for the enjoyment of future
generations.
b. The proposed location of the telecommunications facility 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 is a conditionally permitted use in the
PS Public and Semi - public Zone.
(2) The proposed telephone communications facility will provide
additional public communication service for cellular telephone users located in,
and passing through, the City of Cypress.
(3) This telephone communications facility complies with the
requirements of Section 13.4 of the Cypress Zoning Ordinance with regard to
antennas, including maximum height and minimum setbacks.
(4) This cellular antenna facility will be located and designed so as to
minimize the visual impact on surrounding properties and from major public
roadways.
(5) The monopole and cellular transmission equipment cabinets will be
placed in an area which does not conflict with onsite parking and vehicle
circulation.
(6) Based on available information regarding electromagnetic radiation
emissions, this facility will not generate radiation levels considered harmful by
the Federal Government.
(7) The proposed project is 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.
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c. The proposed conditional use will comply with each of the applicable
provisions of the Cypress Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Conditional Use Permit No. 96 -1, 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 25th day of March , 1996.
MA OR OF THE CITY OF CYPRESS
ATTEST:
o)-\
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 25th day of March , 1996, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Carrol 1 , Jones, Kerry and
Bowman
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
357
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 96 -1
5285 CYPRESS STREET
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
* Denotes conditions specific to this project, which are not included in the City's list
of Standard Conditions of Approval.
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 developers 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
communications operation.
PLANNING CONDITIONS
5. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
• Community Development Department • Planning Division •
358
Exhibit "A"
Conditional Use Permit No. 96 -1
Conditions of Approval
Page 2
6. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 96 -1 will require an amendment to the conditional use permit.
7. 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.
8. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
9. 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.
* 10. Three (3) mature trees shall be planted on the subject property at locations approved by
the Community Development Director to lessen the visibility and perceived scale of the
antenna pole. The required trees shall be a minimum thirty -six inch (36 ") box size and
of a variety approved by the Community Development Director.
11. 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 issuance
of a Certificate of Occupancy. In addition, a bond shall be posted with the Public Works
Department to guarantee against defects in plant materials and workmanship.
12. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
13. 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.
14. Exterior storage is specifically prohibited.
15. 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.
• Community Development Department • Planning Division •
359
Exhibit "A"
Conditional Use Permit No. 96 -1
Conditions of Approval
Page 3
16. 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.
17. 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 antenna structure.
*18. 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.
*19. Conditional Use Permit No. 96 -1 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 facility and its visibility from surrounding properties.
*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. Any substantiated radio transmission interferences shall require a change in the
transmission signal and/or equipment, subject to a public hearing before the City Council.
*22. If the 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.
23. 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.
*24. No more than three (3) arrays with three (3) antennas per ray, and one 10" GPS antenna
shall be mounted on the subject monopole.
25. 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 pursuant to Fish and Game Code §711.4 and
California Code of Regulations, Title 14, section 753.5. 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 •
360
Exhibit "A"
Conditional Use Permit No. 96 -1
Conditions of Approval
BUILDING CONDITIONS
Page 4
26. 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.
27. 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.
28. Type 5 cement shall be used for all foundations and slabs on grade.
29. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
30. 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.
*31. The monopole /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.
*33. The monopole /antennas shall be installed and maintained in compliance with the
requirements of the Uniform Building Code. Antenna installers shall obtain a building
permit prior to installation.
*34. No advertising material shall be permitted on the monopole, antenna structures, or
perimeter fence.
Revised 3/26/96
• Community Development Department • Planning Division •