Resolution No. 6105 193
RESOLUTION NO. 6105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2008-02 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed by T-Mobile USA, Inc. in accordance with the
provisions of Section 4.19.060.D of the Zoning Ordinance of the City of Cypress to allow
the stealth antenna modifications and expansion of an existing building-mounted
telecommunications antenna system on the existing office/warehouse building located at
6803 International Avenue, 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 recommended approval of this
project on June 19, 2008.
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 July 14, 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 recommendation 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 Planned Community
Business Park Zone in which the site is located, which is:
Intended to permit a compatible mix of land uses, planned
commercial developments, and business parks.
b. The proposed location of the project and the conditions under which it
would be operated or maintained would 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 located behind
the roof equipment screen, would increase the compatibility and consistency
with the existing office/warehouse building on-site by making the antennas
fully stealth.
(2) The subject stealth antennas modification of the existing
unmanned wireless telecommunications transmission facility, as designed
and conditioned, would remain compatible with surrounding business park
and single-family residential uses.
(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.
(4) This modification of the existing wireless telecommunications
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.
194
(5) This modification of the existing wireless telecommunications
transmission facility would relocate the antenna panels to reduce the visibility
of the antennas from surrounding properties and from 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 stealth modification of the existing antenna system and
would be placed on the roof and the accessory equipment cabinets would be
ground-mounted on a cement pad surrounded by a curbed landscape
planter, which would 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 telecommunications transmission facilities located in the
City of Cypress.
c. The proposed telecommunications antenna facility project, as
conditioned, would 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 Amendment to Design Review Committee Permit No.
2008-02, 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 14th day of July, 2008.
/ . A, .yt LI
MAYOR OF THE CI '4' OF CYPRESS
ATTEST:
l^ & t_4Y)
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 14th day of July, 2008, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Luebben, Mills, Narain, and Seymore
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
& .G-Gi/)
CITY CLERK OF THE CITY OF CYPRESS
195
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 2008-02
6803 International Avenue
CONDITIONS OF APPROVAL
Notes:
• Regular text denotes conditions imposed on the originally approved project on August 12, 1996
as Conditional Use Permit No. 96-7.
• Bolded text denotes new or revised conditions of approval effective on July 14, 2008.
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 semc. - 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 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 Marshal'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.
• Community Development Department •Planning Division •
196
Exhibit "A" Page 2
Design Review Committee Permit No. 2008-02
Conditions of Approval
7. All applicable conditions of Design Review Committee Permit No. 2008-02 (incorporating all
conditions from the previously approved Conditional Use Permit No. 96-7) shall be complied
with prior to final sign-off of the building permit 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.
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 of 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.
• Community Development Department •Planning Division •
197
Exhibit "A" Page 3
Design Review Committee Permit No. 2008-02
Conditions of Approval
16. Any expansion or modification of the approved stealth building-mounted telecommunications
antenna system beyond what is approved as part of Conditional Use Permit No. 96-7, and
subsequent modifications approved by Design Review Committee Permit No. 2008-02, will
require an amendment to the D.R.C.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. All ground-level equipment shall be painted to blend in with the landscape planter in which they
are located. 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 substantial 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.
•Community Development Department •Planning Division •
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Exhibit"A" Page 4
Design Review Committee Permit No. 2008-02
Conditions of Approval
24. Any feasible advancement in technology which may reduce the size or height of the antennas, grid
panels, etc. shall be brought to the Community Development Director. Minor modifications of
this type may be approved by the Design Review Committee.
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.
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 antenna 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.
• Community Development Department •Planning Division •
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Exhibit "A" Page 5
Design Review Committee Permit No. 2008-02
Conditions of Approval
34. Public Safety. T-Mobile USA, Inc. (or any subsequent operator of the subject antenna
facility) recognizes that the frequencies used by the cellular facility located at 6803
International 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 City of Cypress from having adequate spectrum capacity on 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 July 14, 2008) shall be
limited to: a) removal of four (4) existing flat panel antennas flush-mounted to the exterior
of the equipment screen walls and relocation to behind the screen wall; b) patching and
painting of the prior antenna mount areas to match the existing exterior; and c) relocation
of the four (4) existing panel antennas and the installation of two (2) new panel antennas
mounted on the roof behind new RF transparent screen material textured and painted to
• Community Development Department •Planning Division •
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Exhibit "A" Page 6
Design Review Committee Permit No. 2008-02
Conditions of Approval
and painted to match the exterior of the equipment screen wall. All antennas and
equipment shall remain mounted on the roof of the existing office building and shall be
fully screened from surrounding ground-level and street views.
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.
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: 7-14-2008
Phtlft
• Community Development Department•Planning Division •