Resolution No. 6616147
RESOLUTION NO. 6616
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3093
- 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 four 33'- 1" tall stealth telecommunications antenna
facilities. All four antenna facilities include: 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) within the PS Public
and Semi - Public Zone. The four antenna facility locations are: 5931 Ball Road; 6803
International Avenue; 6761 Yamaha Way; and 5401 Katella Avenue.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning
Ordinance, the Design Review Committee reviewed this project on April 20, 2017.
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 May 22, 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 PS Public and Semi - Public
Zone in which the site is located, which is:
Intended to be developed with public uses.
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 design of the four streetlight- mounted antenna facilities
would be compatible and consistent with the surrounding commercial center
and business park uses, and other streetlights along the same roadways.
(2) The four unmanned, stealth antenna facilities would be
compatible with the surrounding uses, because they 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 PS Public and Semi - Public Zone.
(4) The four antenna facilities would provide additional public
communication service for cellular telephone users located in, and passing
through, the City of Cypress.
(5) The four antenna facilities would comply with the requirements
of Section 3.16 of the Cypress Zoning Ordinance with regard to stealth
antenna facilities.
c. The project, as conditioned, will comply with each of the applicable
provisions of the Cypress Zoning Ordinance.
148
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Design Review Committee Permit No. 3093, 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 City o f Cypress at a regular
meeting held on the 22nd day of May 2017.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
YOR 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 22 "d day of May, 2017, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
149
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 3093
(Four SCE Streetlight Antenna Facilities)
5931 Ball Road
6803 International Avenue
6761 Yamaha Way
5401 Katella Avenue
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 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 semc . - 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 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)
• Community Development Department • Planning Division •
150
Exhibit "A"
Design Review Committee Permit No. 3093
Conditions of Approval
Page 2
1.5. The antenna operator shall comply with any applicable requirements of the Orange County
Fire Authority (OCFA) (i. e. if back -up batteries or generators are installed). (Planning)
1.6. All applicable conditions of the project shall be complied with prior to the public works
permit final sign -off. (Planning)
1.7. Any and all correction notice(s) generated through the public works permit or inspection
process is /are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the applicant and all agents thereof. (Planning)
2. Planning
2.1. The public works permit final inspection and release shall not be conducted 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 antenna facilities 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 by the City Council should the Council determine that the
proposed use, design, 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 stamped approved by the
Community Development Department prior to the issuance of public works permits.
(Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
approved by Design Review Committee Permit No. 3093. (Planning)
3.3. Any security lighting on the antenna facilities equipment cabinets shall be arranged so that
direct rays will not produce glare for adjacent properties or street traffic. (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 the public works permit final inspection
and sign -off. (Planning)
• Community Development Department • Planning Division •
151
Exhibit "A"
Design Review Committee Permit No. 3093
Conditions of Approval
6. Operational — N/A
7. Property Maintenance
Page 3
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 by e -mail, in writing, or by telephone. (Planning)
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6118, as noted below.
(Engineering)
- Public Improvement Permit and Inspection (Prior to Permit issuance)
8.2. Within 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 $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 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. That all engineering requirements of the City of Cypress, including preparation of
improvement plans and installation of all improvements such as curbs and gutters,
sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant
work shall be complied with as required by the City Engineer and in accordance with
specifications on file in the Office of the City Engineer, as may be modified by the City
Engineer; and, that security in the form of a bond, certificate of deposit, letter of credit,
completion guarantee, or cash, in an amount and form satisfactory to the City of Cypress,
shall be posted with the City to guarantee the satisfactory completion of said improvements.
Said security shall be posted with the City prior to the issuance of a building permit or final
map approval, whichever occurs first, to guarantee the installation of the related
improvements prior to final building and zoning inspections in accordance with an
approved construction phasing plan. In the event the developer's contractor and/or
subcontractor fails to diligently prosecute the work within the public right -of -way, the City
reserves the right, in its reasonable discretion, to issue a stop work notice and to provide a
substitute contractor and/or subcontractor to complete said work at the sole cost and
expense of developer. (Engineering)
• Community Development Department • Planning Division •
152
Exhibit "A"
Design Review Committee Permit No. 3093
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 public works permit 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)
14.2. All traffic signs shall be installed per City Standards. (Engineering)
15. Subdivisions — N/A
16. Traffic — N/A
17. Utilities
17.1. The applicant shall install all new and existing utility services underground.
(Engineering)
17.2. 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 comply with applicable provisions of the 2016 California
Residential, Building, Plumbing, Electrical, and Mechanical Codes, the 2016 California
Green Building Standards Code, Title 24, and the City of Cypress Codes. (Building &
Safety)
20.2. Grading, demolition, 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
• Community Development Department • Planning Division •
153
Exhibit "A"
Design Review Committee Permit No. 3093
Conditions of Approval
Page 5
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. If
complaints are received regarding noise from grading or demolition, further
restrictions may be imposed on the start time of construction by the Director of
Community Development, up to a 9:00 a.m. start time. 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 public works permit and a
building permit prior to installation within the public right -of -way. (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 (Mobilitie) 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
• Community Development Department • Planning Division •
154
Exhibit "A"
Design Review Committee Permit No. 3093
Conditions of Approval
Effective: 5 -22 -2017
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
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