Resolution No. 6225 314
RESOLUTION NO. 6225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2010-05 -
WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed by Sprint/Nextel, 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 building mounted stealth telecommunication
antenna system on the rooftop of the Courtyard by Marriott Hotel located at 5865 Katella
Avenue, within the PC-3 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
September 9, 2010.
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 October 11, 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-3 Planned Community
Business Park Zone in which the site is located, which is:.
Intended to ensure responsible development of the McDonnell Center
Specific Plan development through precisely defined land uses,
infrastructure, circulation patterns, development standards, and
design guidelines, while allowing for creative and imaginative
community design concepts tailored to meet the needs of the
particular area.
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 modification of the existing telecommunications
antenna system design, including the removal of the existing exterior wall-
mounted antennas and replacing them with new antennas would be
compatible and consistent with the architectural design of the hotel building
and other antennas facilities onsite, including size, materials, and color.
(2) The subject unmanned wireless telecommunications
transmission facility is compatible with surrounding commercial, office, and
restaurant uses located within the same PC-3 Planned Community Business
Park Zone.
(3) The subject modification of the existing 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.
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(4) This modification of the existing wireless telecommunication
transmission facility would be in compliance with the requirements of Article
3, Section 16, of the Cypress Zoning Ordinance with regard to stealth design
antennas.
(5) This stealth design wireless telecommunication transmission
facility will be located so as to minimize the visual impact on surrounding
properties and public streets.
(6) The materials used in the construction of the stealth
modification of the existing wireless telecommunications transmission facility
would not be bright, shiny, garish or reflective.
(7) The proposed antenna system and accessory equipment
cabinet modification will be placed on the walls and on the roof, respectively,
which will avoid conflicts with parking and vehicle circulation.
(8) Based on the available information regarding electromagnetic
radiation emissions, this antenna facility would not generate electromagnetic
frequency (EMF) 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 telecommunication transmission facilities located in the City
of Cypress.
c. The proposed telecommunication antenna facility modification
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. 2010-05,
subject to the conditions attached hereto as Exhibit "A".
PASSED AND ADOPTED by the City Council the City of Cypress at a regular
meeting held on the 11th day of October, 2010.
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MAYO OF THE CITY OF CYPRESS
ATTEST:
eicat4,01
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 11th day of October, 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
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CITY CLERK OF THE CITY OF CYPRESS
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EXHIBIT "A"
Design Review Committee Permit No.2010-05
5865 Katella Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
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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 developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit of .
not less than $500,000 each occurrence in connection with the work performed. Certificate
shall include the City, its Council, officers, members of boards or commissions and
employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a thirty(30)day cancellation notice to the City of Cypress.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Orange County Fire Marshall's Office shall be complied with prior
to issuance of building permits.
6. The applicant shall obtain a Cypress business license prior to commencement of the
Personal Communication Systems (PCS)facility operation.
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Exhibit "A" Page 2
Design Review Committee Permit No. 2010-05
Conditions of Approval
7. All applicable conditions of Design Review Committee Permit No. 2010-05 shall be
complied with prior to final sign-off for the building permit(s) for the subject antenna
facility modification and expansion.
8. 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.
9. 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.
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10. All existing public improvements at the development site which are damaged due to
construction, cracked or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
COMMUNITY DEVELOPMENT CONDITIONS
11. Applicant shall comply with all applicable provisions o'the City of Cypress Antenna
Ordinance.
12. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
13. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted.
14. All equipment, such as the electrical wiring and mechanical equipment associated with the
antennas shall be enclosed within the electrical equipment cabinets. Noise bafflers and/or
deflectors shall be constructed on all mechanical equipment, such as air conditioners
mounted outdoors, if determined necessary by City staff.
15. Co-location of cellular, PCS, and other wireless antenna shall be encouraged.
Therefore, the lease agreement between the property owner and the wireless
telecommunications facility shall not include exclusive rights which would prohibit co-
location of similar facilities where it is technically feasible to do so.
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Exhibit "A" Page 3
Design Review Committee Permit No. 2010-05
Conditions of Approval
16. Any expansion or modification of the approved stealth building-mounted
telecommunications antenna system beyond what is approved as part of Design
Review Committee Permit No.2010-05,will require an amendment to this permit.
17. 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.
18. The roof-mounted antennas shall be painted to blend in with the exterior of the
building upon which they are located. A sample of the replacement screen wall section
material, which would allow antenna signal transmission, 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
elevation drawings 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 compliance with this condition.
19. Upon installation of the replacement antennas on the roof, the antenna facility
owner/operator shall remove all existing antennas which are flush-mounted to the
exterior of the building walls,patch the fascia,and paint the patched area to match the
surrounding wall fascia. This painted area shall constitute the entire wall of the tenant
space or entire building if there are no screed lines or architectural projections to
provide a clear line of demarcation.
20. 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.
21. The applicant/antenna operator shall not erect or display on the subject property any signs
which have not been approved in writing by the Community Development Department. No
advertising material shall be allowed on any antenna facility.
22. Exterior storage is specifically prohibited.
23. The developer shall comply with all requirements of the FAA should any portion of the
development encroach within the 100 to 1 imaginary surface surrounding the Los Alamitos
Air Base. Encroachment within the 50 to 1 approach surface will require approval by the
FAA.
24. Any feasible advancement in technology which may reduce the size or height of the
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.
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Exhibit "A" Page 4
Design Review Committee Permit No. 2010-05
Conditions of Approval
25. Any substantiated radio transmission interferences shall require a change in the wireless
communications transmission signal and/or equipment, subject to a public hearing before
the City Council.
26. Any substantiated complaints or violations to the conditions may result in the termination of
this use, subject to a public hearing before the City Council.
27. The City Council shall maintain the right to review the service hours of operation 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.
28. If the telecommunications antenna facility ceases to operate, or upon expiration or
termination of the antenna operator's lease term,the most recent owner/operator shall
remove all antennas, hardware, cables, and equipment cabinets associated with the
antenna facility, from the lease property within six (6) months from the termination
date.
29. No advertising material shall be allowed on any antenna or electrical equipment cabinet.
30. 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.
31. The materials used in constructing the antennas shall not be unnecessarily bright,
shiny,garish,or reflective.
32. 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.
33. A wind velocity test shall be required for antenna structures, if deemed necessary by
the Building Official.
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Exhibit "A" Page 5
Design Review Committee Permit No. 2010-05
Conditions of Approval
34. Public Safety. Sprint/Nextel (or any subsequent operator of the subject antenna
facility) recognizes that the frequencies used by the cellular facility located at 5865
Katella 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.
35. 800 MHz Frequency. At all times, the operator of the subject antenna facility shall
not prevent the City of Cypress from having adequate spectrum capacity on the
City's 800 MHz radio frequency.
36. 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.
37. Exterior construction activities shall be limited to the hours of between 7:00 a.m. and
8:00 p.m. Monday through Friday and 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.
38. The antenna facility modification and expansion (approved on October 11, 2010)
shall be limited to: a) replace twelve (12) existing panel antennas; b) add six (6)
parabolic antennas; c) add one (1) GPS antenna; d) add three (3) DAP antennas;
and e) install a new 49 square foot equipment cabinet enclosure. All antennas will
be painted to match the exterior of Courtyard by Marriott Hotel. All antennas and
equipment shall be fully screened from surrounding ground-level and street views.
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Exhibit"A" Page 6
Design Review Committee Permit No. 2010-05
Conditions of Approval
BUILDING CONDITIONS
39. 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.
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40. The antenna system shall be installed and maintained in compliance with the requirements
of the Building Code. Antenna installers shall obtain a building permit prior to installation.
FIRE AUTHORITY CONDITIONS - COMMERCIAL
41. 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.
Effective: 10-11-2010
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