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Resolution No. 6234354 RESOLUTION NO. 6234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2010 -06 - 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 and operation of a stealth, imitation tree design, freestanding telecommunications antenna facility behind an existing retail commercial building, located at 50201/2 Ball Road within the CN Commercial Neighborhood Zone. 2. That in accordance with Section 4.19.060.E of the Cypress Zoning Ordinance, the Design Review Committee reviewed and approved this project on November 18, 2010. 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 10, 2011, 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 zone in which the site is located, which is: Intended to provide convenience services that are compatible with adjacent neighborhood areas. 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 proposed stealth telecommunications antenna system design would be compatible with the existing retail commercial building onsite, because it would have the appearance of a mature tree. Additionally, the project, as conditioned, would install a row of live trees of the same species along the closest perimeter of the subject property. (2) The proposed stealth unmanned wireless telecommunications antenna facility, as designed and conditioned, would be compatible with surrounding commercial, office, and single - family residential uses. (3) The proposed wireless telecommunications antenna facility would provide additional public communication service for cellular telephone and other wireless device users located in, and passing through, the City of Cypress. (4) The proposed stealth wireless telecommunications antenna facility would comply with the requirements of the Cypress Zoning Ordinance, Section 16, Wireless Communications. (5) The proposed stealth design wireless telecommunications antenna facility would be located so as to prevent visual impact on surrounding properties and from public streets. (6) The materials used in the construction of the proposed wireless telecommunications antenna facility would not be bright, shiny, garish or reflective. (7) The proposed antenna system and accessory equipment cabinets would be placed next to the rear wall of the existing building, within a portion of the building, and on the roof, which would avoid conflicts with parking and vehicle circulation. No existing parking spaces would be displaced. (8) Based on the available information regarding electromagnetic radiation emissions, this telecommunications antenna facility would not generate radiation levels considered harmful by the Federal Government. Additionally, the applicant has submitted to the City a Radio Frequency (RF) compliance report for this site, which determined that the proposed antenna site would be conditionally compliant, based on the Federal Communications Commission (FCC) Rules and Regulations for RF emissions. (9) The proposed telecommunications antenna facility 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. Said complaints shall be substantiated by industry- accepted testing equipment from RF emissions and signal interference. (10) No complaints have been received regarding the existing wireless telecommunications transmission facilities located in the City of Cypress. c. The proposed stealth 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. 2010 -06, subject to the conditions attached hereto as Exhibit "A ". PASSED AND ADOPTED by the City Coun it of e Cit of Cypress at a regular meeting held on the 14th day of February, 2011. ATTEST: e CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYO" 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 14th day of February, 2011, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None 1156-00fail7) CITY CLERK OF THE CITY OF CYPRESS 355 356 EXHIBIT "A" DESIGN REVIEW COMMITTEE PERMIT NO. 2010-06 50201/2 Ball Road CONDITIONS OF APPROVAL Notes: Regular Text Denotes Standard Conditions Bolded conditions represent those specific to this project. Italics denote revised text on conditions. GENERAL CONDITIONS 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. 2. 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 sec . - 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. 3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress. 4. All applicable requirements of the Orange County Fire Marshal's Office shall be complied with prior to final sign -off of the building permit for the antenna facility. 5. The antenna operator shall obtain a Cypress business license prior to commencement of the antenna operation. 6. All applicable conditions of Design Review Committee Permit No. 2010 -06 shall be complied with prior to final sign -off of the building permit for the antenna structure. 7. 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. • Community Development Department • Planning Division • 357 Exhibit "A" Design Review Committee Permit No. 2010 -06 Conditions of Approval Page 2 8. 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. ENGINEERING CONDITIONS 9. All existing public improvements at the development site which are cracked or damaged due to construction shall be removed and replaced to the satisfaction of the City Engineer prior to release of utilities by the Building Official. 10. All new or repaired public improvements shall be per City of Cypress Standard Plans. STORMWATER QUALITY CONDITIONS 11. Prior to the issuance of any building permits, the applicant shall include in the plans any urban runoff control measures deemed necessary by the Building Official for those situations where the threshold of a WQMP may not be met but where the project requires urban control runoff measures. COMMUNITY DEVELOPMENT CONDITIONS 12. Utilities shall not be released until all conditions of approval have reasonably been met to the satisfaction of the Community Development Department. 13. Any expansion or modification of the approved antenna facility beyond what is approved as part of Design Review Committee (DRC) Permit No. 2010 -06 will require an amendment to the DRC. 14. 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. 15. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. 16. All architectural treatments shall be constructed as illustrated on plans and renderings submitted. The final exterior color scheme shall be submitted to City staff for review and approval prior to actually painting the structure. • Community Development Department • Planning Division • 358 Exhibit "A" Design Review Committee Permit No. 2010 -06 Conditions of Approval Page 3 17. The proposed antenna project shall include and be limited to: 1) construction of a freestanding, telecommunications antenna tower, with an imitation Italian Cypress tree (monocypress) design, not exceeding 38 feet, 6 inches tall; 2) installation of twelve (12) directional panel antennas mounted on three (3) arrays attached to the pole structure and screening foliage; 3) installation of 2 -4 ground- mounted electrical equipment cabinets and accessory electrical panels located within the rear portion of the existing commercial building lease area; 4) installation of associated cable and equipment located on the rooftop; and 5) installation of live Italian Cypress trees located along the south perimeter of the property. The building's parapet wall shall fully screen the roof - mounted equipment from ground level view. The antenna panels shall be painted to match the color of the imitation tree trunk or foliage. The foliage branches shall be of the most realistic design available; and the density of the branches shall be designed to the fullest extent possible to provide maximum screening of the antenna array panels and supporting structure. Acceptance of the antenna screening foliage shall be subject to final inspection (for consistency with the approved elevation drawings and photo simulations) and approval by the Community Development Department. 18. A total of fifty (50) live Italian Cypress trees shall be installed and maintained within the curbed landscape planter located along the south perimeter of the property. These trees shall be installed at a minimum 15- gallon size and a distance of five feet (5') on- center. However, since this project is part of a collocation antenna facility, only twenty -five (25) of the total trees, installed at ten feet (10') on- center, shall be required with the installation of this Verizon Wireless antenna facility. Adequate irrigation for the new trees shall be installed concurrently with the trees. If the second antenna facility at this collocation site is not completed (by others) within one (1) year of this antenna facility's completion, then the additional twenty -five (25) of the total trees required shall be installed by Verizon Wireless or the properly owner. If any of the live screening trees installed by Verizon Wireless become damaged or die, such tree shall be removed and replaced (by the antenna operators and /or the property owner) with another mature tree of comparable size and height at the time of removal (subject to City approval). 19. The 38 -foot, 6 -inch height of the monocypress antenna support structure shall be subject to the Community Development Director's approval of the associated Administrative Adjustment No. 2010 -11 (allowing a 10% height increase for the zone) following the City Council's approval of Design Review Committee Permit No. 2010- 06. 20. On -site security lighting shall be arranged downward with shields so that direct rays will not shine on adjacent properties or produce glare for street traffic. • Community Development Department • Planning Division • �n� 359 Exhibit "A" Design Review Committee Permit No. 2010 -06 Conditions of Approval Page 4 21. All equipment, such as electrical equipment associated with the antenna facility, shall be adequately screened from public view within the equipment room walls or by the roof parapet, subject to the approval of City staff. Noise bafflers and/or deflectors shall be constructed on all mechanical equipment mounted outdoors, to the satisfaction of City staff. Air Conditioning units shall comply with the Cypress Noise Ordinance. 22. The transformer boxes and water valves shall be placed in locations acceptable to the Community Development Director and shall be adequately screened from view with plant materials. 23. A detailed landscape and automatic irrigation plan for the south perimeter planter shall be submitted to the Community Development Department for review and approval at least sixty (60) days prior to finalization or sign -off of the building permit. In addition, a bond shall be posted with the Public Works Department to guarantee against defects in plant materials and workmanship for a period of one (1) year from acceptance of the landscape installation. All required landscaping shall be permanently maintained in a neat and orderly condition. 24. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Community Development Director. 25. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 26. All product and material storage shall occur within the equipment area of the building. Exterior storage is specifically prohibited. 27. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 28. All walls and fences associated with the antenna facility shall be maintained free of significant surface cracks, dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity or graffiti which threatens the appearance. 29. Parking lot surfaces and pedestrian walkways located within the antenna purveyor's lease area shall be maintained in a safe condition such that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled or cracked surfaces, or raised areas. 30. The antenna facility lease area shall be maintained free of the accumulation of trash and debris. • Community Development Department • Planning Division • 360 Exhibit "A" Design Review Committee Permit No. 2010 -06 Conditions of Approval Page 5 31. The City Council shall maintain the right to review the regular maintenance service hours of the antenna facility and may, subject to a public hearing, limit the regular 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. 32. 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. 33. No advertising material shall be allowed on any antenna. 34. Maintenance/emergency contact information shall be posted on or near the base of the antenna structure, or on the access door to the equipment room in the building. 35. All electrical wiring associated with any antenna shall be placed underground or hidden in a manner acceptable to the Director of Community Development. Any approved exposed wiring or cable trays shall be painted to match the structure to which they are attached. 36. 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. 37. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. 38. 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. 39. A wind velocity test shall be required, if deemed necessary by the Building Official. • Community Development Department • Planning Division • 361 Exhibit "A" Design Review Committee Permit No. 2010 -06 Conditions of Approval Page 6 40. Co- location of cellular, pcs, and other wireless antenna shall be encouraged. Therefore, lease agreements shall Hot include exclusive rights which would prohibit co- location where it is technically feasible. 41. A faithful performance bond (or other comparable mechanism) to ensure the removal of abandoned antenna facilities shall be posted prior to the issuance of building permits. The bond amount shall be based on a current estimate of cost for said removal by a contractor licensed in the applicable field of construction. 42. This freestanding wireless antenna shall be reviewed at least every five (5) years by the City Council. Such review shall focus on whether changing technology has rendered the design obsolete or aesthetic maintenance /improvements are warranted. This review shall not be considered the expiration or duration of the zoning permit. 43. Any feasible advancement in technology which may reduce the size or height of the monopole, antennas, grid panels, etc. shall be brought to the Director of Community Development. Minor modifications of this type may be approved by the Design Review Committee. 44. Public Safety. Verizon Wireless recognizes that the frequencies used by the cellular facility located at 50201/2 Ball Road may be 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). 45. 800 MHz Frequency. At all times, Verizon Wireless shall not prevent City of Cypress from having adequate spectrum capacity on City's 800 MHz radio frequency. If interference is identified in the vicinity of this antenna facility, Verizon Wireless shall meet in good faith to coordinate the use of frequencies and equipment with the City of Cypress Police Department and 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. 46. Should substantiated complaints be received regarding signal interference, with the same or surrounding properties or uses, caused by this antenna facility frequency, Verizon Wireless shall make a good faith effort to coordinate the use of frequencies and equipment to minimize (to the greatest extent possible) said interference. If interference issues are not successfully addressed by Verizon Wireless, this permit may be modified and/or revoked, subject to a public hearing by the City Council. • Community Development Department • Planning Division • 362 Exhibit "A" Design Review Committee Permit No. 2010 -06 Conditions of Approval Page 7 47. This wireless communications facility shall comply with the federal requirements related to radio frequency emissions (RFE) and maximum exposure limits provided in Title 47 of the Code of Federal Regulations, §1.1307, 1.1310, and 2.1093. 48. Radio frequency emissions (RFE) documentation: The applicant shall self - certify, through a written statement, that the RFE related to the proposed antenna facility shall comply with FCC standards for such emissions. For wireless communications facilities, as well as collocation facilities, located on properties which abut residentially zoned properties, an RFE site compliance report shall also be provided for verification of compliance with FCC standards for RFE. 49. 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. 50. Mechanical devices associated with the cleaning and maintenance of real property may be used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such devices include but are not limited to stationary or mobile pumps, fans, compressors, generators, blowers, and sweepers. The use of such devices for such purposes is prohibited at all other times. BUILDING CONDITIONS 51. Applicant/developer shall obtain the required permits and comply with applicable provisions of the 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007 California Administrative Code, Title 24, and the Code of the City of Cypress. 52. Type 5 cement shall be used for all foundations and slabs on grade. 53. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. 54. A soil investigation report shall be submitted with the plans for plan check. Report shall include soil bearing capacity, seismic study, in compliance with the Seismic Hazard Mapping Act of the State of California, grading, paving, sulfate test and other pertinent information under good engineering practice. 55. Building plans shall be stamped by a licensed engineer. • Community Development Department • Planning Division • 363 Exhibit "A" Design Review Committee Permit No. 2010 -06 Conditions of Approval FIRE AUTHORITY CONDITIONS Page 8 56. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a plan for review and approval of any lead -acid battery system for the electrical equipment. The plan shall be in accordance with the California Fire Code Article 64. Effective: 2 -14 -2011 • Community Development Department • Planning Division •