Resolution No. 4295RESOLUTION NO. 4295
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A
VARIANCE FROM THE TERMS OF SECTIONS 11.2.B.1 AND 11.2.B.9 OF THE ZONING
ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A 65 FOOT HIGH CELLULAR
PHONE MONOPOLE AND AN EQUIPMENT ROOM LOCATED CLOSER THAN 10 FEET
TO THE ANTENNA MONOPOLE AT 8921 ELECTRIC STREET IN THE ML -
INDUSTRIAL LIGHT ZONE.
VARIANCE NO. 94 -1
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a variance from the terms of the Zoning
Ordinance of the City of Cypress to allow a cellular phone facility, comprised of a 65 foot high
monopole and an equipment room located closer than 10 feet to the antenna monopole 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 strict or literal interpretation and enforcement of the specified height
regulation would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this chapter because technology requires the
pole to be at least sixty feet (60') in order to function effectively.
b. The granting of the variance as conditioned will not constitute the granting
of a special privilege inconsistent with the limitation on other properties in the
vicinity classified in the same zone because there is a 60 foot (60') high monopole
in the same neighborhood and zone.
c. The granting of the variance will not be detrimental to the public health,
safety, or welfare, or materially injurious to properties or improvements in the
vicinity since the residence on the west is located over fifty -five feet (55') from
the monopole and all other properties to the east, north and south are similar
industrial uses.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of
the City of Cypress does hereby approve Variance No. 94 -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 11th day of April 1994.
ATTEST:
7:hYA1
CITY CLERK OF T CITY OF CYPRESS
MAYOR OF THE CITY OF CYPRESS
202
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 said City Council held on the
11th day of April 1994 ; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Partin, Age, Bowman, Kerry, Nicholson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY 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 •
204
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 "N'
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 screened 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 •
206
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 may 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 •
208
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 •