Resolution No. 6072 081
RESOLUTION NO. 6072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2007-08
-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 Royal Street Communications/Metro PCS) including a ground-mounted
equipment enclosure and antenna panels mounted within the walls of a height extension of
the tower feature on an existing medical office building, located at 5177 Ball Road 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 January 17, 2008.
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 February 11, 2008, 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 medical office building on-site, including
size, materials, and color.
(2) The subject unmanned, stealth wireless telecommunications
transmission facility would be compatible with surrounding residential and
public park 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.
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(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 within the walls of the roof tower and within the
ground-mounted masonry enclosure, respectively, 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. 2007-08, 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 11th day of February, 2008.
J41101/
MAYOR OF THE Y OF CYPRESS
ATTEST:
1001-0L CiLa ti/1
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 February, 2008, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Narain, Mills, and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
07(XJ:e4/1/-)
CITY CLERK OF THE CITY OF CYPRESS
083
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO.2007-08
5177 Ball Road
CONDITIONS OF APPROVAL
Note: Bolded conditions represent those specific to this project.
Regular text denotes standard conditions of approval.
GENERAL CONDITIONS
1. 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.
2. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
3. The applicant shall obtain a Cypress business license prior to commencement of the
business operation.
4. All applicable conditions of Design Review Committee Permit No. 2007-08 shall be
complied with prior to final sign-off of the building permit for the subject antenna facility.
5. 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.
6. 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.
STORMWATER QUALITY
7. Prior to the issuance of a building or grading permit, the applicant shall include the
following as general or special notes on both the building and grading plan sheets for new
•Community Development Department •Planning Division •
084
Exhibit "A" Page 2
Design Review Committee Permit No. 2007-08
Conditions of Approval
development or significant redevelopment projects and shall adhere to the note
requirements:
i. Sediment from areas disturbed by construction shall be retained on site using
structural controls to the maximum extent practicable.
ii. Stockpiles of soil shall be properly contained to minimize sediment transport
from the site to streets, drainage facilities or adjacent properties via runoff,
vehicle tracking, or wind.
iii. Appropriate Best Management Practices (BMP's) for construction-related
materials, wastes, spills or residues shall be implemented to minimize
transport from the site to streets, drainage facilities, or adjoining properties
by wind or runoff.
iv. Runoff from equipment and vehicle washing shall be contained at
construction sites unless treated to reduce or remove sediment and other
pollutants.
v. All construction, contractor and subcontractor personnel are to be made
aware of the required best management practices and good housekeeping
measures for the project site and any associated construction staging areas.
vi. At the end of each day of construction activity, all construction debris and
waste materials shall be collected and properly disposed in trash or recycle
bins.
vii. Construction sites shall be maintained in such a condition that an anticipated
storm does not carry wastes or pollutants off the site. Discharges of material
other than stormwater are allowed only when necessary for performance and
completion of construction practices and where they do not: cause or
contribute to a violation of any water quality standard; cause or threaten to °°
cause pollution, contamination or nuisance; or contain a hazardous
substance in a quantity reportable under Federal Regulations 40 CFR Parts
117 and 302.
viii. Potential pollutants include but are not limited to: solid or liquid chemical
spills; wastes from paints, stains, sealants, glues, lime, pesticides, herbicides,
wood preservatives and solvents, asbestos fibers, paint flakes or stucco
fragments; fuels, oils, lubricants, and hydraulic, radiator or battery fluids;
concrete, detergent or floatable wastes; wastes from any engine/equipment
steam cleaning or chemical degreasing; and super chlorinated potable water
line flushings.
ix. During construction, disposal of such materials should occur in a specified
and controlled temporary area on-site physically separated from potential
stormwater runoff, with ultimate disposal in accordance with local, state and
federal requirements.
x. Dewatering of contaminated groundwater or discharging contaminated soils
via surface erosion is prohibited. Dewatering of non-contaminated
groundwater requires a National Pollutant Discharge Elimination System
• Community Development Department •Planning Division •
a
085
Exhibit "A" Page 3
Design Review Committee Permit No. 2007-08
Conditions of Approval
(NPDES) permit from the respective State Regional Water Quality Control
Board.
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. 2007-08
will require an amendment to the permit.
i
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
;M1
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 (including seems and different wall materials),as shown on the photo simulations
submitted with this permit application. Also, the ground-mounted equipment shall be
fully screened from street and parking lot view by the masonry enclosure wall. Final
sign-off on building permits for this project shall be contingent upon final Conununity
Development Department (Planning Division) inspection and acceptance of the
screening treatment to be found in substantial compliance with this condition.
13. All roof mounted equipment shall be adequately screened from public view subject to the s?
approval of City staff.
14. 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.
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 antennas.
17. 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.
• Community Development Department •Planning Division •
086
Exhibit "A" Page 4
Design Review Committee Permit No. 2007-08
Conditions of Approval
18. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective.
19. 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.
20. A wind velocity test shall be required, if deemed necessary by the Building Official.
21. 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.
22. Public Safety. Royal Street Communications/Metro PCS (or any subsidiary/subsequent
operator of the subject antenna facility) recognizes that the frequencies used by the
cellular facility located at 5177 Ball Road are extremely close to the frequencies used by
the City of Cypress for public safety. This proximity will require extraordinary <r .
"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.
23. 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.
24. 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
• Community Development Department•Planning Division •
087
Exhibit "A" Page 5
Design Review Committee Permit No. 2007-08
Conditions of Approval
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.
25. 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.
26. 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.
27. 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.
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 CONDITIONS - COMMERCIAL
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: 2-11-2008
• Community Development Department•Planning Division •