Resolution No. 6155 RESOLUTION NO. 6155 034
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2009-02 -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 installation of a stealth (fully screened) telecommunications
antenna facility (operated by T-Mobile West Corporation) including a roof-mounted
equipment enclosure and sixteen (16) antenna panels mounted within the walls of two (2)
new tower features added onto an existing office building, located at 5252 Orange Avenue
within the OP Office Professional 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 May 28,
2009.
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 June 22, 2009, 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 OP Office Professional Zone in
which the site is located, which is:
Intended for integrated, professional office uses including
administrative, corporate, financial, government, institutional, legal,
and medical.
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 subject telecommunications antenna system design
would be compatible and consistent with the office building on-site, including
size, materials, and color.
(2) The subject unmanned, stealth wireless telecommunications
transmission facility would be compatible with surrounding office, residential,
school, and civic center uses.
(3) A wireless telecommunications facility is a permitted use within
the OP Office Professional Zone.
(4) The proposed wireless telecommunications transmission
facility would provide additional public communication service for cellular
telephone users located in, and passing through, the City of Cypress.
(5) This wireless telecommunications transmission facility would
comply with the requirements of Section 3.16.050 of the Cypress Zoning
Ordinance with regard to stealth design antennas, with the exception of
Administrative Adjustment No. 2009-02 for a 1'3" height adjustment to allow
the proposed 36'3" height of the proposed antenna screening tower walls.
(6) This stealth design wireless telecommunications transmission 035
facility would be located so as to minimize the visual impact on surrounding
properties and from public streets.
(7) The materials used in the construction of the proposed
wireless telecommunications transmission facility would not be bright, shiny,
garish or reflective.
(8) The proposed antenna system and accessory equipment
cabinets would be placed within the walls of the existing roof parapet and
new screen walls, which would avoid conflicts with parking and vehicle
circulation.
(9) Based on the available information regarding electromagnetic
frequency (EMF) emissions, this antenna facility would not generate EMF
levels considered harmful by the Federal Government.
(10) The proposed project is conditioned such that, should
substantiated complaints be received that the subject antenna 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.
(11) No complaints have been received regarding the existing
wireless telecommunications transmission facilities located in the City of
Cypress.
c. The proposed telecommunications antenna facility project, as
conditioned, will comply with each of the applicable provisions of the Cypress Zoning
Ordinance, with the exception of Administrative Adjustment No. 2009-02 for a 1'3" height
adjustment to allow the proposed 36'3" height of the proposed antenna screening tower
walls.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Design Review Committee Permit No. 2009-02,
subject to the 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 27th day of July, 2009.
APPP
TH'' '", -F CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 27th day of July, 2009, 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
roe_
CITY CLERK OF THE CITY OF CYPRESS
036
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 2009-02
5252 Orange Avenue
CONDITIONS OF APPROVAL
Note: Bolded conditions represent those specific to this project.
Regular text denotes standard conditions of approval.
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. 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.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
5. All applicable conditions of Design Review Committee Permit No. 2009-02 shall be
complied with prior to final sign-off of the building permit for the subject antenna facility.
6. 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.
7. 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 Department •Planning Division •
037
Exhibit "A" Page 2
Design Review Committee Permit No. 2009-02
Conditions of Approval
COMMUNITY DEVELOPMENT CONDITIONS
8. Any expansion or modification of the approved flush-mounted telecommunications antenna
system beyond what is approved as part of Design Review Committee Permit No. 2009-02
will require an amendment to the permit.
9. 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.
10. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
11. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted.
12. The antennas, wiring, and related roof equipment shall not be visible from ground
level, as shown on the photo simulations submitted with this permit application. The
roof-mounted equipment shall be fully screened from street and parking lot view by
the enclosure screen wall. 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.
13. Exterior building elevations of the antenna wall panels and equipment enclosure walls
shall be maintained in a safe appearance such that these walls are free of broken, missing or
significantly cracked surface finished materials.
14. 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.
15. No advertising material shall be allowed on any antennas.
16. All electrical wiring associated with any antenna shall be buried underground or hidden in a
manner acceptable to the Community Development Director. Approved exterior
building-mounted cable trays shall be painted and textured to match the building.
17. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective.
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
• Community Development Department •Planning Division •
038
Exhibit"A" Page 3
Design Review Committee Permit No. 2009-02
Conditions of Approval
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, if deemed necessary by the Building Official.
20. Co-location of cellular, PCS, and other wireless antennas shall be encouraged. Therefore,
lease agreements shall not include exclusive rights which would prohibit co-location where
it is technically feasible.
21. Public Safety. T-Mobile West Corporation (or any subsidiary/subsequent operator of the
subject antenna facility) recognizes that the frequencies used by the cellular facility
located at 5252 Orange Avenue 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 •
039
Exhibit "A" Page 4
Design Review Committee Permit No. 2009-02
Conditions of Approval
24. The operator of the subject antenna facility shall not prevent, or interfere with, the
operations of the other potential antenna facilities located on the same building.
25. 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.
26. 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. 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. 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.
27. The applicant/developer shall obtain approval of Administrative Adjustment No.
2009-02 (to allow the height of the new screening tower walls at 36'3" from finished
grade)prior to submittal of construction plans for building plan check.
BUILDING CONDITIONS
28. 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.
29. The tower extension walls (including antenna panels) shall be engineered and
constructed to comply with the 2007 CBC for wind loads.
30. The applicant/developer shall maintain access to all roof areas where the roof may be
split up due to placement of cable trays,etc.
FIRE AUTHORITY CONDITION
31. Prior to the issuance of a building permit, the applicant shall submit to the Fire Chief a
plan for review and approval of the lead-acid battery system for the electrical equipment.
The plan shall be in accordance with the California Fire Code Article 64.
Effective: 7-27-2009
• Community Development Department •Planning Division •