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Resolution No. 6184 189 RESOLUTION NO. 6184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2010-01 - 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 rooftop antenna facility on an existing office building located at 10805 Holder Street, within the PC-1 Planned Community Business Park 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 February 11, 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 March 8, 2010, 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 PC-1 zone in which the site is located, which is: Intended to permit a compatible mix of land uses, planned commercial developments and business parks, and a variety of housing styles and densities. 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 existing office building on-site, including size, materials, and color. (2) The subject unmanned, stealth wireless telecommunications transmission facility would be compatible with surrounding offices and business park uses. (3) A wireless telecommunications facility is a permitted use within the PC-1 Planned Community Business Park 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. 190 (6) This stealth design wireless telecommunications transmission 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 behind the walls of the existing roof parapet and equipment 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. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Design Review Committee Permit No. 2010-01, subject to the conditions attached hereto as Exhibit "A". PASSED AND ADOPTED by the City Council of City of Cypress at a regular meeting held on the 8th day of March, 2010. • )\TOt \-a M MAYOR OF THE CITY OF CYPRESS ATTEST: ft-LOC Oi-a•a-411 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 8th day of March, 2010, 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 011-62e._ etC0-4?-(0 CITY CLERK OF THE CITY OF CYPRESS 191 EXHIBIT "A" DESIGN REVIEW COMMITTEE PERMIT NO. 2010-01 10805 Holder Street CONDITIONS OF APPROVAL Note: Regular text denotes standard conditions of approval. 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 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. 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. 2010-01 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. • Community Development Department•Planning Division • 192 Exhibit "A" Page 2 Design Review Committee Permit No. 2010-01 Conditions of Approval 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 CONDITIONS 8. Any expansion or modification of the approved roof-mounted, stealth, telecommunications antenna system beyond what is approved as part of Design Review Committee Permit No. 2010-01 will require an amendment to the permit. 9. This Design Review Committee Permit may be modified or revoked by the City Council, subject to a hearing, 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. All roof mounted equipment shall be adequately screened from public view subject to the approval of City staff. 13. 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 and antennas shall be fully screened from street and parking lot view by the screen walls. The radiofrequency (RF) friendly materials used to replace sections of the existing equipment screen and parapet walls shall be consistent with the existing plaster or glass finish of the screen wall materials as applicable. Final sign-off on building permits for this project shall be contingent upon final Community Development Department (Planning Division) inspection and acceptance of the replacement screening materials to be found in substantial compliance with this condition. 14. Exterior building elevations of the replacement sections 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. 15. 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. 16. No advertising material shall be allowed on any antenna. • Community Development Department •Planning Division • 193 Exhibit "A" Page 3 Design Review Committee Permit No. 2010-01 Conditions of Approval 17. All electrical wiring associated with any antenna shall be placed 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. 18. The antenna facility shall not include visible cable trays on the exterior of the building facade, nor any trenching or underground conduit that would damage or degrade the existing decorative paving around the building entry. 19. The materials used in constructing the antenna shall not be unnecessarily bright, shiny, garish, or reflective. 20. 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. 21. A wind velocity test shall be required, if deemed necessary by the Building Official. 22. 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. 23. The operator of the subject antenna facility shall not prevent, or interfere with, the installation or operations of other potential antenna facilities located on the same building. 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, repair any affected building fascia, and paint the repaired area to match the surrounding wall fascia. 25. 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 • Community Development Department • Planning Division • 194 Exhibit "A" Page 4 Design Review Committee Permit No. 2010-01 Conditions of Approval 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 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007 California Administrative Code,Title 24, and the Code of the City of Cypress. 27. The parapet/screen wall replacement sections shall be engineered and constructed to comply with the 2007 CBC for wind loads. 28. 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 CONDITIONS 29. 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. POLICE CONDITIONS 30. Public Safety. Clearwire recognizes that the frequencies used by the cellular telecommunications facility located at 10805 Holder Street 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, (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. 31. 800 MHz Frequency. At all times, Clearwire shall not prevent City of Cypress from having adequate spectrum capacity on City's 800 MHz radio frequency. • Community Development Department •Planning Division • 195 Exhibit"A" Page 5 Design Review Committee Permit No. 2010-01 Conditions of Approval 32. Post-Installation Test. Before activating its cellular telecommunications antenna facility, Clearwire (Permit Applicant) will submit to a post-installation test to confirm that "advanced planning and frequency coordination" of the 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. Effective: 3-8-2010 • Community Development Department •Planning Division •