Resolution No. 6723215
RESOLUTION NO. 6723
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3139
- 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 one SCE streetlight pole with a streetlight co -location
telecommunication antenna facility, located within the public right-of-way at 5827 1/2 Lincoln
Avenue, which is zoned PS Public and Semi -Public. The antenna facility includes an
antenna canister mounted on top of a streetlight support structure and associated equipment
mounted on, or within the pole. The antenna pole height will be 32'-2".
2. That in accordance with Section 4.19.060.E of the Cypress Zoning Ordinance,
the Design Review Committee reviewed this project on February 28, 2019.
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 March 25, 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 streetlight -mounted antenna facility would be
compatible and consistent with the surrounding public, commercial and
residential uses, and other streetlights along the same roadways.
(2) The unmanned, stealth antenna facility would be compatible
with the surrounding uses, because it 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 antenna facility would provide additional public
communication service for cellular telephone users located in, and passing
through, the City of Cypress.
(5) The antenna facility would comply with the requirements of
Section 3.16 of the Cypress Zoning Ordinance with regard to stealth antenna
facilities.
c. The antenna 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. 3139, 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 of Cypress at a regular
meeting held on the 25th day of March, 2019.
MAYOR OF' THE CITY
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
F 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 25th day of March, 2019, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Morales, Peat, Yarc, Johnson and Berry
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
216
CITY CLERK OF THE CITY OF CYPRESS
217
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 3139
(One SCE Streetlight Antenna Facility)
5827 % Lincoln 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 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 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. The antenna operator shall comply with any applicable requirements of the Orange County
Fire Authority (OCFA) (i.e. if back-up batteries are installed). (Planning)
1.6. The antenna purveyor (Mobilitie) shall obtain a Cypress business license prior to
commencement of the antenna operations. (Finance)
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee Permit No. 3139
Conditions of Approval
Page 2
1.7. All applicable conditions of the project shall be complied with prior to commencement of the
antenna operations. (Planning)
1.8. 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 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 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 antenna facility 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, 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 approved by the Community
Development Department prior to the issuance of building or public works permits.
(Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The fmal exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the antenna(s) and equipment. All equipment associated
with the antenna facilities shall mounted on or within the pole, or located within subterranean
hand holds. No above -ground equipment shall be included in this project. (Planning)
3.3. Any security lighting on the antenna facility pole or equipment shall be arranged so that direct
rays will not shine on adjacent properties or produce glare for street traffic. (Planning)
4. Signage — N/A
5. Landscaping
5.1. Any existing landscaping, irrigation pipes, and sprinkler heads that are damaged or displaced
by the project construction shall be replaced by the applicant prior to the public works permit
final inspection and sign -off by the Planning Division. (Planning)
• Community Development Department • Planning Division •
219
Exhibit "A"
Design Review Committee Permit No. 3139
Conditions of Approval
6. Operational — N/A
7. Property Maintenance
Page 3
7.1. The antenna structure shall be maintained free of significant surface cracks, dry rot, warping,
missing panels or concrete, which threaten the structure's structural integrity or graffiti which
threatens the appearance. (Planning)
7.2. All graffiti on the antenna structure shall be removed within 24 to 48 hours once notified in
writing by the City. (Planning)
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6182, 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 public works permit, to guarantee the installation of
the related improvements prior to final public works and zoning inspections in accordance
with an approved construction phasing plan. These requirements may be modified by a
Development Agreement between the City of Cypress and the applicant with respect to
improvements to be implemented by the applicant. 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 •
Exhibit "A"
Design Review Committee Permit No. 3139
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
220
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)
15. Subdivisions — N/A
16. Traffic — N/A
17. Utilities
17.1. Prior to Public Works Department acceptance of the project, 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)
17.3. The applicant shall remove all abandoned or relocated facilities, such as pipes, conduits,
hand -holes, pull boxes, etc. from the public right-of-way and restore the site to its pre-
existing condition, to the satisfaction of the City Engineer.
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 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)
• Community Development Department • Planning Division •
221
Exhibit "A"
Design Review Committee Permit No. 3139
Conditions of Approval
Page 5
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
& 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. No portion of an antenna array shall extend beyond the property lines or into any front yard
area. (Planning)
22.5. The materials used in constructing the antennas shall not be unnecessarily bright, shiny,
garish, or reflective. (Planning)
22.6. At all times, the antenna owner/operator (Mobilitie) shall not prevent City of Cypress from
having adequate spectrum capacity on City's 800 MHz radio frequency. (Police
Department)
22.7. Before activating its facility, antenna owner/operator (Mobilitie) shall submit to a post-
installation test to confirm that "advanced planning and frequency coordination" of each
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)
• Community Development Department • Planning Division •
222
Exhibit "A"
Design Review Committee Permit No. 3139
Conditions of Approval
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire — N/A
26. Solid Waste — N/A
Effective: 3-25-2019
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
26. Solid Waste
Page 6
• Community Development Department • Planning Division •