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Resolution No. 4294193 RESOLUTION NO. 4294 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 94 -6 - 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 c ^nditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to allow a 65 -foot high monopole and 360 square foot equipment room at 8921 Electric Street in the ML- 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 the location of industrial uses. 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 project is consistent with the Light Industrial Zone and the existing uses in the zone. (2) The project meets all development standars of the City of Cypress, except for approved variances. (3) The monopole will serve as public service for cellular phone users passing through the City of Cypress. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No. 94 -6, 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 11 th day of April , 1994. MAYOR OF THE CITY OF CYPRESS 194 ATTEST: CIT CLE E CITY 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 April , 1994, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Age, Bowman, Nicholson, Kerry and Partin NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CITY'CLE OF THECITY OF CYPRESS EXHIBIT "A" CONDITIONAL USE PERMIT NO. 94 -6 AND VARIANCE NO. 94 -1 CONDITIONS OF APPROVAL ENGINEERING DEPARTMENT CONDITIONS 1. The developer shall conform to all applicable provisions of the Code of the City of Cypress. 2. 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. All onsite drainage conveyed to the street shall be by means of an under - sidewalk drain. Onsite landscape area 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 %). 3. A retaining wall per City standards shall be constructed at the property line where the finish grade difference is greater than twelve inches (12 "). A six inch (6 ") concrete curb shall be constructed per City standards to protect all block walls and structures exposed to vehicular traffic. Grade separation shall not exceed two feet (2') between two adjacent properties. A minimum eight foot (8') high block wall measured from the highest finished grade shall be constructed along the property lines and a six foot (6') high block wall shall be constructed along the lease line of the subject facility using decorative type cement blocks, to be approved by the Design Review Committee. 4. 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. 5. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS: Engineering Plan Check & Inspection Fee (Per Resolution 2964). Drainage Fee for Master Drainage Plan (Per Resolution 2287). Grading Plan Check and Permit (Per Resolution 2964 & 3662). All applicable Building Department fees. • Community Development Department • Planning Division • 196 Exhibit "A" Conditional Use Permit No. 94 -6 and Variance No. 94 -1 Conditions of Approval Page 2 PLANNING DEPARTMENT CONDITIONS 6. No more than five (5) whip antennas, three (3) cellular grid array supports, twenty -one (21) cellular radiotelephone antennas, and three (3) small microwave dishes shall be mounted on the subject monopole. 7. 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. 8. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 9. The applicant shall obtain a Cypress business license prior to commencement of the cellular facility operation. 10. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 94 -6 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 Planning Department prior to the issuance of building permits. 13. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. 14. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 15. All equipment, such as electrical wiring and mechanical equipment associated with the utility room or monopole, shall be enclosed in the building, cable bridge, or buried ■ Community Development Department ■ Planning Division • Exhibit "A" Conditional Use Permit No. 94 -6 and Variance No. 94 -1 Conditions of Approval Page 3 underground, subject to approval by the Design Review Committee. Noise bafflers and/or deflectors shall be constructed on all mechanical equipment, such as air conditioners, mounted outdoors, to the satisfaction of City staff. 16. The transformer boxes and water valves shall be placed in locations acceptable to the Planning Director and shall be adequately s.:reened from view with plant materials. 17. A detailed landscape and automatic irrigation plan, consistent with the City Water Efficiency Landscape Ordinance, shall be submitted to the Planning Department for review and approval at least sixty (60) days prior to issuance of a Certificate of Occupancy. In addition, the applicant shall post a bond with the Public Works Department to guarantee against defects in plant materials and workmanship for a period of one (1) year after installation. 18. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. Three (3) mature palm trees, with a minimum beginning height of thirty feet (30'), shall be planted around the site as shown on the site plan or at locations designated by the Planning Director. 19. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 20. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 21. 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 Department prior to issuance of building permits. 22. All walls, fences and trash enclosures shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks which threaten the structure's structural integrity or appearance. 23. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with the permitted uses are to be stored solely in designated trash enclosures. 24. Exterior building elevations shall be maintained in a safe appearance such that the buildings are free of broken, missing or significantly cracked surface finished materials. 25. The City Council shall maintain the right to review the service hours of the utility and may, subject to a public hearing, limit the service hours should substantiated complaints • Community Development Department • Planning Division • 198 Exhibit "A" Conditional Use Permit No. 94 -6 and Variance No. 94 -1 Conditions of Approval Page 4 be received that the service hours are creating an adverse impact upon neighboring properties. 26. Within forty -eight (48) hours of the approval of this project, the applicant/developer shall deliver to the Planning 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 Certificate of Fee Exemption in accordance with Fish and Game Code Section 753.5 with the Notice of Determination required under Public Resources Code Section 21152 and Title 14 of the California Code of Regulations. If, within such forty -eight (48) hour period, the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void. BUILDING DIVISION CONDITIONS 27. 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. 28. Applicant /developer shall comply with all disclosure requirements of the Orange County Fire Department for hazardous materials use and/or storage and the South Coast Air Quality Management District for exhaustion of air contaminants. 29. Type 5 cement shall be used for all foundations and slabs on grade. 30. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 31. An acoustical report shall be submitted with the plans for plan check. Report shall meet all the requirements of the Uniform Building Code and Title 24 of the California Code of Regulations. 32. The monopole /antennas shall be adequately grounded for protection against a lightning strike. 33. A wind velocity test shall be required, if deemed necessary by the Building Official. 34. 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. 35. The equipment enclosure shall be of non - combustible construction. ■ Community Development Department • Planning Division • Exhibit "A" Conditional Use Permit No. 94 -6 and Variance No. 94 -1 Conditions of Approval Page 5 36. The air conditioning units shall comply with City Noise Ordinance. 37. No advertising material shall be permitted on the monopole, grid panels or microwave dishes. 38. Any advancement in technology which ma) reduce the size of the pole, grid panels, or microwave dishes shall be brought to the City Council for a public hearing. Minor modifications of this type may be approved by the Design Review Committee. 39. Conditional Use Permit No. 94 -6 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. 40. Any radio transmission interferences shall require a change in the monopole transmission and/or equipment, subject to a public hearing before the City Council. 41. 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. 42. If the cellular utility use ceases to exist at the site, the applicant shall remove all structures and equipment from the lease property. REDEVELOPMENT AGENCY 43. The applicant/developer and property owner shall not be entitled to relocation benefits and/or moving expense reimbursement from the Cypress Redevelopment Agency for the PacTel facility. FIRE DEPARTMENT CONDITIONS 44. Prior to the issuance of any building permits, construction details for any emergency access gate shall be submitted to and approved by the Fire Chief. Contact the Orange County Fire Department at (714) 744 -6623 for a copy of the "Guidelines for Fire Department Emergency Access." 45. The following notes shall be provided on the site plan: A. Fire Department Final Inspection Required. Schedule inspection two (2) days in advance. Phone (714) 821 -7850. • Community Development Department • Planning Division • 200 Exhibit "A" Conditional Use Permit No. 94 -6 and Variance No. 94 -1 Conditions of Approval Page 6 B. Locations and classifications of extinguishers to be determined by the fire inspector. C. Storage, dispensing or use of any flammable and combustible liquids, flammable and compressed gasses and other hazardous materials shall comply with Uniform Fire Code Regulations. D. Plans of modifications to or new fire protection, detector or alarm system(s) shall be approved by the Fire Department prior to installation. 46. The building shall be constructed of noncombustible materials. 47. Any fire suppression or alarm system shall be approved by the Fire Chief prior to installation. Revised 3/28/94 • Community Development Department • Planning Division •