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Resolution No. 6696053 RESOLUTION NO 6696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO 3128 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 replacement of two SCE streetlight poles with two streetlight co -location telecommunications antenna facilities, located within the public right-of-way at 10901 Knott Avenue and 11130 Grand Manan Drive, zoned PS Public and Semi -Public. Both antenna facilities include an antenna canister mounted on top of a streetlight support structure and associated equipment mounted on, or within the pole. The two antenna pole heights will be 32' 1 and 25'-6' respectively 2. That in accordance with Section 4.19.060.E of the Cypress Zoning Ordinance, the Design Review Committee reviewed this project on June 14, 2018. 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 July 9, 2018, 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 two streetlight -mounted antenna facilities would be compatible and consistent with the surrounding commercial center and residential uses, and other streetlights along the same roadways. (2) The two 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. Also, no ground -mounted equipment cabinets are included in the project design. (3) A wireless telecommunications antenna facility is a permitted use within the PS Public and Semi -Public Zone. (4) The two antenna facilities would provide additional public communication service for cellular telephone users located in, and passing through, the City of Cypress (5) The two antenna facilities would comply with the requirements of Section 3.16 of the Cypress Zoning Ordinance with regard to stealth antenna facilities. 054 c The 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. 3128, subject to the conditions attached hereto as Exhibit 'A' Any challenge to this Resolution, and the findings set forth therein, must be fled 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 of Cypress, at a regular meeting held on the 9th day of July 2018 ATTEST p dLtU{ 166.4424r 1 CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE } SS 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 gth day of July 2018, by the following roll call vote: AYES 5 COUNCIL MEMBERS. Johnson, Morales, Yarc, Berry and Peat NOES: 0 COUNCIL MEMBERS. None ABSENT 0 COUNCIL MEMBERS. None t LC 4- ktt)ivi CITY CLERK OF THE CITY OF CYPRESS awe o. 055 EXHIBIT "A" DESIGN REVIEW COMMITTEE PERMIT NO. 3128 (Two SCE Streetlight Antenna Facilities) 10901 Knott Avenue and 11130 Grand Manan Drive 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 Govemment Code Section 66499.37 and Public Resources Code, Division 13, CIT. 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 attomey'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 Attoniev) 1 4. The applicant shall comply with all provisions of the Code of the City of Cypress. (Planning) 1.5. The antenna operator shall comply with any applicable requirements of the Orange County Fire Authority fOCFA) (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) Community Development Department Planning Division 056 Exhibit A Design Review Committee Permit No. 1128 Conditions of Approval Page 2 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. 3128 (Planning) 1.3. 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) 6. Operational — N/A 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) Community Development Department Planning Division 057 Exhibit A Design Review Committee Permit No. 7128 Conditions of Approval Page 3 7 2. All graffiti on the antenna stmcture 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 Califomia 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 Citv 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) 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 Community Development Department Planning Division 058 Exhibit A Design Review Committee Permit No. 3128 Conditions of Approval 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 & Wert) 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 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 & Safen) Community Development Department Planning Division 059 Exhibit A Design Review Committee Permit No. 3128 Conditions of Approval 21. Security — N/A 22. Antennas Page 5 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 winng 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 26. Solid Waste — N/A Effective: 7-9-2018 SECTIONS 1 General 2. Planning 3. Architectural 4. Signage 5. Landscaping Community Development Department Planning Division 060 Exhibit A Design Review Committee Permit No 3128 Page 6 Conditions of Approval 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 26. Solid Waste Community Development Department Planning Division IMO