Resolution No. 6230RESOLUTION NO. 6230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2010 -07
- 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 50281/2 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 24, 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.
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(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, on the
roof, and within a masonry enclosure at the southeast corner of the property,
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 project is conditioned such that a radio frequency (RF)
compliance report for this project shall be submitted to the City for
verification of compliance with 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 -07,
subject to the conditions attached hereto as Exhibit "A ".
PASSED AND ADOPTED by the City Counc
meeting held on the 10th day of January, 2011.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
City of C ess at a regular
MAYOR O' HE 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 10th day of January, 2011, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Luebben, Narain, Seymore, and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Bailey
CITY CLERK OF THE CITY OF CYPRESS
332
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 2010-07
50281/2 Ball Road
CONDITIONS OF APPROVAL
Notes:
Regular Text Denotes Standard Conditions
Bolded conditions represent those specific to this project.
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 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.
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 -07 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 •
333
Exhibit "A"
Design Review Committee Permit No. 2010 -07
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 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 -07 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.
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334
Exhibit "A"
Design Review Committee Permit No, 2010 -07
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 and one (1) GPS antenna mounted to the existing
building parapet; 3) installation of six (6) ground- mounted electrical equipment
cabinets and accessory electrical panels located within an eight -foot (8') tall masonry
enclosure with a chain -link lid and eight feet (8') wide double corrugated metal gates
located at the southeast (rear) corner of the property; and 4) installation of live Italian
Cypress trees located along the south perimeter of the property. The building's
parapet wall shall fully screen any roof - mounted equipment from ground level view.
The enclosure walls shall fully screen all equipment from view at ground level. 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 T- Mobile 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 T- Mobile. If any of the live screening trees installed by T- Mobile
become damaged or die, such tree shall be removed and replaced 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 -12 (allowing a 10% height increase for the zone).
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.
21. All equipment, such as electrical equipment associated with the antenna facility, shall be
adequately screened from public view within the equipment enclosure 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.
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335
Exhibit "A"
Design Review Committee Permit No. 2010 -07
Conditions of Approval
Air Conditioning units shall comply with the Cypress Noise Ordinance.
Page 4
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 enclosure. 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. The exposed
north and west walls of the enclosure shall be treated with a graffiti- resistant product.
Any graffiti found on the enclosure wall shall be removed within 24 hours of being
reported.
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.
31. The City Council shall maintain the right to review the service hours of the antenna facility
and may, subject to a public hearing, limit the service hours should substantiated complaints
be received that the service hours are creating an adverse impact upon neighboring
properties.
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336
Exhibit "A"
Design Review Committee Permit No. 2010 -07
Conditions of Approval
Page 5
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 enclosure.
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.
40. 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.
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.
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337
Exhibit "A"
Design Review Committee Permit No. 2010 -07
Conditions of Approval
Page 6
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. T- Mobile recognizes that the frequencies used by the cellular facility
located at 50281/2 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, T- Mobile 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, T- Mobile 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, T- Mobile 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 T- Mobile, this permit may be modified and/or revoked, subject
to a public hearing by the City Council.
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
• Community Development Department • Planning Division •
338
Exhibit "A"
Design Review Committee Permit No. 2010 -07
Conditions of Approval
Page 7
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.
FIRE AUTHORITY CONDITIONS
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: 1 -10 -2011)
• Community Development Department • Planning Division •