Resolution No. 6606RESOLUTION NO. 6606
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3080
- 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 Design Review Committee Permit in
accordance with the provisions of Section 4.19.060.D of the Zoning Ordinance of the City
of Cypress to allow the construction of a 32'- 3" tall stealth telecommunications antenna
facility (operated by Verizon Wireless) including an antenna canister mounted on top of a
streetlight support structure, and associated ground- mounted electrical equipment
cabinets, within an existing landscaped parkway (public right -of -way) located at 40411/2
Ball Road in the PS Public and Semi - Public Zone.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning
Ordinance, the Design Review Committee reviewed this project on December 15, 2016.
3. That in accordance with Section 4.19.060.E.2 of the Cypress Zoning
Ordinance, the decision of the Design Review Committee on this project was reported to
the City Council on January, 23, 2017, during a public meeting of the City Council.
4. That in accordance with Section 4.19.060.F of the Cypress Zoning
Ordinance, the effective date of the Design Review Committee's decision to approve this
project shall be the date of acceptance by the City Council, and upon receipt by the
Community Development Department of an agreement to any conditions of approval
signed by the applicant.
5. That the City Council hereby finds that:
a. The proposed location of the project is in accord with the objectives of
the Zoning Ordinance and the purpose and intent of the CG Commercial General
Zone in which the site is located, which is:
Intended as an area which provides for the continued use, expansion,
and new development of a wide variety of retail and wholesale
commercial enterprises, service uses, entertainment uses, and
similar businesses.
b. The proposed location of the project 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 subject telecommunications antenna system design
would be compatible and consistent with the surrounding commercial center
and other streetlights along Ball Road.
(2) The subject unmanned, stealth wireless telecommunications
antenna facility would be compatible with the surrounding uses, because it
would not create additional noise, traffic, or parking demands on the
surrounding properties.
(3) A wireless telecommunications antenna facility is a permitted
use within the CG Commercial General Zone.
(4) The proposed wireless telecommunications antenna facility
would provide additional public communication service for cellular telephone
users located in, and passing through, the City of Cypress.
(5) This wireless telecommunications antenna facility would
comply with the requirements of Section 3.16 of the Cypress Zoning
Ordinance with regard to stealth antenna facilities.
c. The wireless telecommunications antenna facility project, as
conditioned, 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 Design Review Committee Permit No. 3080, subject
to the conditions attached hereto as Exhibit "A ".
Any challenge to this Resolution, and the findings set forth therein, must be filed
within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6.
PASSED AND ADOPTED by the City Council of the pity of Cypress at a regular
meeting held on the 23'1 day of January 2017.
ATTEST:
-u-- KV)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
I, DENISE BASHAM, 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 January, 2017, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Johnson, Peat, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
1u�.2.ticz �v1
CITY CLERK OF THE CITY OF CYPRESS
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 3080
4041'/% Ball Road
(Verizon Antenna Facility)
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. Unless and until the project applicant and property owner sign and return a City - provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void. (Planning)
1.2. The applicant 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 applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant'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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
to building permit final sign -off. (Planning)
1.6. All applicable conditions of the project shall be complied with prior to building permit final
sign -off. (Planning)
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee Permit No. 3080
Conditions of Approval
Page 2
1.7. Any and all correction notice(s) generated through the plan check and /or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof. (Planning)
2. Planning
2.1. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department. (Planning)
2.2. Any expansion or modification of the approved use beyond what is approved as part of this
Design Review Committee Permit will require an amendment to the permit, with the
exception of minor modifications which are exempt by law. (Planning)
2.3. This 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. (Planning)
3. Architectural
3.1. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits. (Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
approved by Design Review Committee Permit No. 3080. The final exterior materials and
color scheme shall be submitted to City staff for review and approval prior to actually
installing and painting the structure. (Planning)
3.3. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.4. All outdoor equipment shall be adequately screened from public view subject to the
approval of City staff. Commercial or industrial developments which adjoin residentially
zoned areas shall construct noise bafflers and/or deflectors on all mechanical equipment
mounted outdoors to the satisfaction of City staff. (Planning)
4. Signage — N/A
5. Landscaping
5.1. All required landscaping within the project area shall be permanently maintained in a neat
and orderly condition. Any existing landscaping damaged or displaced by the project
shall be replaced by the applicant prior to building permit final sign -off. (Planning)
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee Permit No. 3080
Conditions of Approval
Page 3
5.2. All qualifying landscape projects in the City shall comply with the City's water efficiency
ordinance as well as the water efficient requirements of the Cypress Zoning Code and the
City's Drought Response Management Plan. All irrigation shall be provided by a drip or
micro spray system. (Planning)
6. Operational
6.1. The City Council shall maintain the right to review the periodic maintenance service hours
and may limit the maintenance service hours should substantiated complaints be received
that the service hours are creating an adverse impact upon neighboring properties.
Maintenance personnel and vehicle activities shall be conducted in a manner that will
prevent noise or light/glare impacts on surrounding residential development. Regular
maintenance activities shall be limited to daytime business hours. Emergency
service /repair activities may be conducted at any time. (Planning)
7. Property Maintenance
7.1. The antenna structure and equipment cabinets shall be maintained free of broken, missing
or significantly cracked or bubbled surface finished materials. (Planning)
7.2. All graffiti on the antenna structure or equipment cabinets shall be removed within 24 to 48
hours once notified in writing by the City. (Planning)
8. Fees
81 The applicant shall pay the following fees per Resolution No. 6118, as noted below.
(Engineering)
Building Plan Check (Prior to submittal of Plans)
Building Permit and Inspection (Prior to Permit issuance)
Public Improvement Plan Check (Prior to submittal of Plans)
Public Improvement Permit and Inspection (Prior to Permit issuance)
8.2. Within forty -eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk -
Recorder in the amount of Fifty Dollars ($50.00) County administrative fee, to enable
the City to file the Notice of Exemption 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. (Planning)
9. Engineering
9.1. The applicant shall obtain a Public Works Permit and pay all permit and inspection fees for
all work conducted within the public right -of -way. (Engineering)
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee Permit No. 3080
Conditions of Approval
10. Landscaping within the Public Right -of -Way — N/A
11. Sewer and Wastewater — N/A
12. Street Trees — N/A
13. Street Lighting — N/A
14. Streets
Page 4
14.1. Prior to building permit final sign -off, the applicant shall replace any deficient sidewalk or
cause to fix any other frontage improvement located in the public right -of -way that do not
meet the requirements of the Americans with Disabilities Act (ADA) and State of
California Title 24. The applicant shall submit a plan for any improvement, in consultation
with or as required by the City Engineer, and obtain a Public Works permit prior to any
work within the public right -of -way. (Engineering)
14.2. Prior to building permit final sign -off, the applicant shall remove and replace any existing
public improvements at the development site which have existing damage, are damaged
due to construction, or otherwise below current standards, to the satisfaction of the City
Engineer. (Engineering)
15. Subdivisions — N/A
16. Traffic — N/A
17. Utilities
17.1. Attention is directed that trenching and backfill in streets shall be per City of Cypress
Standard Plan No. 109. Arterials shall be crossed by boring only. In public streets,
lateral open cuts spaced within 20 feet of each other shall be covered with a one inch
continuous asphalt concrete cap. (Engineering)
18. Drainage — N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System — N/A
20. Building and Safety
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee Permit No. 3080
Conditions of Approval
Page 5
20.2. Grading and exterior building construction activities shall be limited to the hours of
between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and 8:00 p.m.
on Saturday, if the City's noise standards are exceeded. Interior building construction and
tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday
through Saturday, only if the City's noise standards are exceeded. No construction activity
shall be allowed on Sundays or federal holidays. In addition, construction equipment shall
be equipped with effective muffling devices. Compliance with this measure is subject to
field inspection by City staff. (Building & Safety)
21. Security — N/A
22. Antennas
22.1. Antennas shall be installed and maintained in compliance with the requirements of the
California Building Code. Antenna installers shall obtain a building permit prior to
installation. (Planning)
22.2. No advertising material shall be allowed on any antenna. (Planning)
22.3. All electrical wiring associated with any antenna shall be placed underground or hidden in a
manner acceptable to the Director of Community Development. (Planning)
22.4. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective. (Planning)
22.5. At all times, Permit Applicant shall not prevent City of Cypress from having adequate
spectrum capacity on City's 800 MHz radio frequency. (Police Department)
22.6. Before activating its facility, Permit Applicant (Verizon Wireless) shall submit to a
post - installation test to confirm that "advanced planning and frequency coordination" of
the facility was successful in not interfering with the City of Cypress' Public Safety
radio equipment. This test shall be conducted by the Communications Division of the
Orange County Sheriff - Coroner Department or a division - approved contractor at the
expense of Permit Applicant. This post - installation testing process shall be repeated for
every proposed frequency addition and /or change to confirm the intent of the "frequency
planning" process has been met. (Police Department)
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire — N/A
Effective: 1 -23 -2017
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee Permit No. 3080
Conditions of Approval
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
Page 6
• Community Development Department • Planning Division •