Resolution No. 6311248
RESOLUTION NO. 6311
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING AMENDMENT NO. 2 TO DESIGN REVIEW COMMITTEE
PERMIT NO. 2004 -04 - 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 an Amendment to 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 modification and expansion of an existing
stealth building- mounted telecommunications antenna system and related roof - mounted
equipment on the existing office building located at 6101 Ball Road, within the CG- 10,000
Commercial General Zone.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning
Ordinance, the Design Review Committee reviewed and recommended approval of this
project on May 10, 2012.
3. That in accordance with Section 4.19.060.E.2 of the Cypress Zoning
Ordinance, the recommendation of the Design Review Committee on this project was
reported to the City Council on June 11, 2012, 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 recommendation 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- 10,000 Commercial
General Zone in which the site is located, which is:
Intended for retail and wholesale commercial enterprises, service
uses (including public utility uses), entertainment uses, and similar
businesses.
b. The proposed location of the project and the conditions under which
it would be operated or maintained would 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 modification of the existing telecommunications
antenna system design would remain fully stealth, compatible and
consistent with the existing office building onsite, including size, materials,
and color.
(2) The subject modification of the existing stealth unmanned
wireless telecommunications transmission facility, as designed and
conditioned, would remain compatible with surrounding public utility,
commercial, office, and single - family residential uses.
(3) The subject modification of the existing stealth wireless
telecommunications transmission facility would continue to provide
additional public communication service for cellular telephone users located
in, and passing through, the City of Cypress.
(4) This modification of the existing stealth wireless
telecommunications transmission facility would remain in compliance with
the requirements of Article 3, Section 16, of the Cypress Zoning Ordinance
with regard to stealth design antennas.
249
(5) This modification of the existing stealth design wireless
telecommunications transmission facility would still be located so as to
minimize the visual impact on surrounding properties and from public
streets.
(6) The materials used in the construction of the modification of
the existing stealth wireless telecommunications transmission facility would
not be bright, shiny, garish or reflective.
(7) The modification of the existing stealth antenna system and
accessory equipment cabinets would be placed on the walls and on the
roof, respectively, which would avoid conflicts with parking and vehicle
circulation.
(8) Based on the available information regarding electromagnetic
radiation emissions, this antenna facility would not generate radiation levels
considered harmful by the Federal Government.
(9) The proposed project is conditioned such that, should
substantiated complaints be received that the subject facility is causing
adverse impacts on surrounding properties or uses, the City Council may
modify and /or revoke the subject Design Review Committee Permit, subject
to a hearing.
(10) No complaints have been received regarding this or other
existing wireless telecommunications transmission facilities located in the
City of Cypress.
c. The proposed telecommunications antenna facility project, as
conditioned, would 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 Amendment No. 2 to Design Review Committee
Permit No. 2004 -04, subject to the amended 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 June, 2012.
M
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
.1110
OROF�."
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 11th day of June, 2012, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
10-0c_
CITY CLERK OF THE CITY OF CYPRESS
250
EXHIBIT "A"
AMENDMENT NO. 2 TO DESIGN REVIEW COMMITTEE PERMIT NO. 2004-04
6101 Ball Road
CONDITIONS OF APPROVAL
Notes:
• Regular text denotes existing conditions of approval.
• Bolded text denotes new or revised conditions of approval effective on June 11, 2012.
GENERAL CONDITIONS
1. The developer 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 developer of any claim, action, or proceeding
brought within this time period. City shall further cooperate fully in the defense of the action and
should the City fail to either promptly notify or cooperate fully, developer shall not thereafter be
responsible to defend, indemnify, or hold harmless the City.
2. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
3. All applicable conditions of Design Review Committee Permit No. 2004 -04 shall be complied
with prior to final sign -off of the building permit for the subject antenna facility.
4. 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.
5. 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.
COMMUNITY DEVELOPMENT CONDITIONS
6. Any expansion or modification of the approved flush - mounted telecommunications antenna
system beyond what is approved as part of Design Review Committee Permit No. 2004 -04 (as
amended on June 11, 2012) will require an amendment to the permit.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment No. 2 to Design Review Committee Permit No. 2004 -04
Conditions of Approval
Page 2
251
7. This Design Review Committee 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.
8. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
9. All architectural treatments shall be constructed as illustrated on plans and renderings submitted.
The final color of the antennas and mounting hardware, as well as the equipment cabinets, shall be
submitted to City staff for review and approval prior to actually painting them.
10. The recessed wall - mounted antennas and the accessory equipment cabinets shall be painted to
blend in with the building upon which they are located. A sample of the antenna screen material
shall be submitted to the Community Development Department for review and approval prior to
issuance of building permits. The antennas, wiring, and related equipment shall not be visible
from ground level (including seems and different wall materials), as shown on the photo
simulations submitted with this permit application. Final sign -off on building permits for this
project shall be contingent upon final Community Development Department (Planning Division)
inspection and acceptance of the screening treatment to be found in substantial compliance with
this condition.
11. All roof mounted equipment shall be adequately screened from public view subject to the
approval of City staff.
12. Exterior building elevations, antenna panels, and hardware shall be maintained in a safe
appearance such that the buildings are free of broken, missing or significantly cracked surface
finished materials.
13. 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.
14. No advertising material shall be allowed on any antennas.
15. All electrical wiring associated with any antenna shall be buried underground or hidden in a
manner acceptable to the Community Development Director. Electrical conduit shall be
prohibited outside the building walls.
16. No portion of an antenna array shall extend beyond the property lines or into any front yard area.
Guy wires may be attached to the building but shall not be anchored within any front yard area.
17. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or
reflective.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment No. 2 to Design Review Committee Permit No. 2004 -04
Conditions of Approval
Page 3
252
18. Every antenna must be adequately grounded with an adequate ground wire for protection against a
direct strike of lightning. Ground wires shall be of the type approved by the latest editions of the
electrical code for grounding masts and lightning arrestors and shall be installed in a mechanical
manner, with as few bends as possible, maintaining a clearance of at least two (2) inches from
combustible materials. Lightning arrestors shall be used that are approved as safe by the
Underwriter's Laboratories, Inc., and both sides of the line must be adequately protected with
proper arrestors to remove static charges accumulated on the line. When lead -in conductors of
polyethylene ribbon -type are used, lightning arrestors must be installed in each conductor. When
coaxial cable or shielded twin lead is used for lead -in, suitable protection may be provided
without lightning arrestors by grounding the exterior metal sheath.
19. A wind velocity test shall be required for antenna structures, if deemed necessary by the Building
Official.
20. Co- location of cellular, PCS, and other wireless antenna shall be encouraged. Therefore, lease
agreements shall not include exclusive rights which would prohibit co- location where it is
technically feasible.
21. Public Safety. AT &T Wireless (or any subsequent operator of the subject antenna facility)
recognizes that the frequencies used by the cellular facility located at 6101 Ball Road are
extremely close to the frequencies used by the City of Cypress for public safety. This proximity
will require extraordinary "comprehensive advanced planning and frequency coordination"
engineering measures to prevent interference, especially in the choice of frequencies and radio
ancillary hardware. This is encouraged in the "Best Practices Guide" published by the
Association of Public- Safety Communications Officials- International, Inc. (APCO), and as
endorsed by the Federal Communications Commission (FCC). Prior to the issuance of any
permits to install the facility, the permit applicant shall meet in good faith to coordinate the use
of frequencies and equipment with the Communications Division of the Orange County Sheriff -
Coroner Department to minimize, to the greatest extent possible, any interference with the
Public Safety 800 MHz Countywide Coordinated Communications System (CCCS). Similar
considerations shall be given to any other existing or proposed wireless communications facility
that may be located on the subject property.
22. 800 MHz Frequency. At all times, the operator of the subject antenna facility shall not prevent
City of Cypress from having adequate spectrum capacity on City's 800 MHz radio frequency.
23. Post - Installation Test. Before activating its facility, the permit applicant shall submit to a post -
installation test to confirm that "advanced planning and frequency coordination" of the facility
is 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 the 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.
• Community Development Department • Planning Division •
Exhibit "A"
Amendment No. 2 to Design Review Committee Permit No. 2004 -04
Conditions of Approval
Page 4
253
24. Upon expiration or termination of the antenna operator's lease term, the tenant shall remove all
antennas, hardware, cables and equipment cabinets associated with the antenna facility, patch the
building fascia, and paint the patched area to match the surrounding wall fascia.
25. Exterior 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 CONDITIONS
26. Applicant/developer shall obtain the required permits and comply with applicable provisions of
the 2010 California Building, Plumbing, Electrical, and Mechanical Codes, the 2010 California
Administrative Code, Title 24, and the Code of the City of Cypress.
FIRE AUTHORITY CONDITIONS - COMMERCIAL
27. Prior to the issuance of a building permit, plans shall be reviewed and approved by the Orange
County Fire Authority. Plans shall indicate the number and description of any batteries
included in the proposed facility.
OTHER CONDITIONS
28. The antenna facility modification and expansion (approved on June 11, 2012) shall be
limited to: a) replacement of three (3) existing flat panel antennas per sector with four (4)
new flat panel antennas per sector, resulting in a total of twelve (12) antenna panels; and
b) attachment of three (3) accessory equipment units onto the existing utility H -frame
located adjacent to the five (5) existing electrical equipment cabinets. All antennas and
equipment shall remain mounted on the roof of the existing office building and shall be
fully screened from surrounding ground -level and street views.
29. 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.
Effective: 6 -11 -2012
• Community Development Department • Planning Division •