Resolution No. 6498RESOLUTION NO. 6498
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE
OF THE CITY OF CYPRESS, SECTION 16.050.B.1.b TO ALLOW UNSCREENED ROOF -
MOUNTED AND BUILDING - MOUNTED ANTENNAS.
VARIANCE NO. 3024
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES,
AND ORDERS AS FOLLOWS:
1. That an application was filed for a variance from the terms of the Zoning Ordinance
of the City of Cypress, Section 16.050.B.1.b, to permit a previously installed, unscreened, roof -
mounted telecommunication antenna facility (operated by TelePacific Communications) with
modifications on the Courtyard by Marriott hotel, located at 5865 Katella Avenue within the PC -3
Planned Community Business Park Zone.
2. That the City Council, after proper notice thereof, duly held a public hearing on said
application as provided by law.
3. That in accordance with Section 3.16.100.A. Criteria for Granting Variances of the
Zoning Ordinance of the City of Cypress, the City Council hereby finds that:
(a) That location of the antenna(s) in conformance with the specifications of the
antenna screening requirements would obstruct the antenna's reception window or
otherwise excessively interfere with reception, and the obstruction or interference involves
factors beyond the applicant's control, because the subject wireless telecommunications
system cannot transmit through typical radiofrequency (RF) screening material that is used
for cellular wireless technology antennas; and
(b) That the cost of meeting the antenna screening requirements would be
excessive, given the cost of the proposed antennas; and
(c) That the proposed antenna project plans submitted for Building Division
plan check shall include certification that the proposed installation conforms to the City's
Building Code, as well as documentation of the conformance, including load distributions
within the building's support structure and certified by a registered engineer; and
(d) That the proposed roof - mounted antennas shall be located on the rear
portion of the roof (where the signal transmission permits) and shall be consistent with
neighboring improvements, uses, and architectural character.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Variance No. 3024.
Any challenge to this Resolution and the findings set forth therein, must be filed within the
90 day statute of limitations set forth in Code of Civil Procedure 1094.6
PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular
meeting held on the 11th day of May, 2015.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR II3 HE CITY OF CYPRESS
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 May, 2015, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
330
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 3023
(Roof - Mounted Antenna Facility)
5865 Katella Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
1. General Conditions
1.1. 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. (Planning)
1.2. The applicant 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 seq. - including but not by way of limitation § 21152 and
21167). City shall promptly notify the applicant of any claim, action, or proceeding
brought within this time period. (City Attorney)
1.3. The applicant'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. (City
Attorney)
1.4. The applicant shall comply with all provisions of the Code of the City of Cypress.
(Planning)
1.5. All requirements of the Orange County Fire Authority (OCFA), Orange County Health
Department, and Cypress Building and Safety Division shall be satisfied prior to
commencement of the business operation. (Planning)
1.6. All requirements of the Orange County Fire Authority (OCFA) shall be complied with prior
final release of the building permit for the antenna facility. (Planning)
• Community Development Department • Planning Division •
331
332
Exhibit "A"
Conditional Use Permit No. 3023
Conditions of Approval
Page 2
1.7. The applicant shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
1.8. All applicable conditions of the project shall be complied with prior to final release of the
building permit for the antenna facility. (Planning)
1.9. 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. (Planning)
2. Planning
2.1. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department. (Planning)
2.2. Any expansion or modification of the approved use beyond what is approved as part of this
Conditional Use Permit will require an amendment to the conditional use permit.
(Planning)
2.3. Should substantiated complaints be received, this conditional use permit may be modified
and /or revoked, subject to a public hearing. (Planning)
2.4. This conditional use 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. (Planning)
2.5. The developer shall comply with all requirements of the FAA. (Planning)
3. Architectural
3.1. Architectural elevations and site plans, as well as the specifications for the roof - mounted
antennas and equipment and the building- mounted antennas, shall be reviewed and
approved by the Community Development Department prior to the issuance of building
permits. (Planning)
3.2. All architectural treatments approved by Conditional Use Permit No. 3023 shall be
constructed as illustrated on plans and renderings submitted. The final exterior materials
and color scheme shall be submitted to City staff for review and approval prior to the
issuance of a building permit for the antenna facility. All antennas and visible cables,
fittings, etc., shall be painted to match the building elevation on which they are visible.
(Planning)
• Community Development Department • Planning Division •
333
Exhibit "A"
Conditional Use Permit No. 3023
Conditions of Approval
Page 3
3.3. The proposed antenna project shall be limited to 17 antennas and 7 microwave antennas
mounted on various roof -top and structure- mounted locations (all painted to match existing
building color). Also included are 2 equipment cabinets mounted on the roof -top.
(Planning)
3.4. On -site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic. (Planning)
3.5. All roof mounted equipment, such as heating and air conditioning units, shall be adequately
screened from public view subject to the approval of City staff. (Planning)
4. Signage — N/A
5. Landscaping — N/A
6. Operational
6.1. The City Council shall maintain the right to review the regular maintenance service hours
of the antenna facility 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. Maintenance personnel and vehicle activities shall be
conducted in a manner that will prevent noise or light /glare impacts on surrounding
uses. (Planning)
7. Property Maintenance
7.1. The visible antennas and equipment shall be maintained in appearance such that they are
free of broken, missing or significantly cracked surface finished materials. (Planning)
8. Fees
8.1. The applicant shall pay for the following fees per Resolution No. 6118, except as otherwise
noted below. (Building & Safety and Planning)
- Building Plan Check (Prior to Submittal of Plans) (B &S)
- Building Permit and Inspection (Prior to Permit Issuance) (B &S)
8.2. 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. (Planning)
• Community Development Department • Planning Division •
334
Exhibit "A"
Conditional Use Permit No. 3023
Conditions of Approval
9. Engineering — N/A
10. Landscaping within the Public Right -of -Way — N/A
11. Sewer and Wastewater — N/A
12. Street Trees — N/A
13. Street Lighting — N/A
14. Streets — N/A
15. Subdivisions — N/A
16. Traffic — N/A
17. Utilities — N/A
18. Drainage — N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System — N/A
20. Building and Safety
Page 4
20.1. Applicant/developer shall obtain the required permits and comply with applicable
provisions of the 2013 California Residential, Building, Plumbing, Electrical, and
Mechanical Codes, the 2013 California Green Building Standards Code, Title 24, and the
City of Cypress Codes. (Building & Safety)
20.2. Grading and 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
be equipped with effective muffling devices. Compliance with this measure is subject to
field inspection by City staff. (Building & Safety)
20.3. Prior to final certificate of occupancy, as required by California State Health and Safety
Code Section 19850, the applicant shall provide copies of the stamped approved plans and
any revisions on CD in PDF format to the City of Cypress Building Division to serve as the
official file copy of the approved building plans. (Building & Safety)
20.4. Building plans shall be stamped by a licensed engineer. (Building & Safety)
• Community Development Department • Planning Division •
335
Exhibit "A"
Conditional Use Permit No. 3023
Conditions of Approval
21. Security — N/A
22. Antennas
Page 5
22.1. Antennas shall be installed and maintained in compliance with the requirements of the
California Building Code. Antenna installers shall obtain a building permit prior to
installation. (Planning)
22.2. No advertising material shall be allowed on any antenna. (Planning)
22.3. All electrical wiring associated with any antenna shall be placed underground or hidden in a
manner acceptable to the Director of Community Development. (Planning)
22.4. Maintenance /emergency contact information shall be posted on or near the
equipment cabinet(s) for the antenna facility. (Planning)
22.5. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective. (Planning)
22.6. 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. (Planning)
22.7. A wind velocity test shall be required, if deemed necessary by the Building Official.
(Building & Safety)
22.8. 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. (Planning)
22.9. Any feasible advancement in technology which may reduce the size or height of the
monopole, 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. (Planning)
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3023
Conditions of Approval
Page 6
22.10.The applicant 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, TelePacific Communications 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. (Police
Department)
22.11. At all times, Permit Applicant shall not prevent City of Cypress from having adequate
spectrum capacity on City's 800 MHz radio frequency. (Police Department)
22.12. Before activating its facility, Permit Applicant. TelePacific Communications, 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. (Police Department)
22.13. Should substantiated complaints be received regarding signal interference, with the same or
surrounding properties or uses, caused by this antenna facility frequency, TelePacific
Communications shall make a good faith effort to coordinate the use of frequencies and
equipment to minimize (to the greatest extent possible) said interference. If interference
issues are not successfully addressed by TelePacific Communications, this permit may be
modified and /or revoked, subject to a public hearing by the City Council. (Planning)
22.14. This wireless communications facility shall comply with the federal requirements related to
Radio Frequency Emissions (RFE) and maximum exposure limits provided in Title 47 of
the Code of Federal Regulations, §1.1307, 1.1310, and 2.1093. (Planning)
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 3023
Conditions of Approval
Page 7
25.1. Prior to the issuance of a building permit, the applicant shall contact the Orange County
Fire Authority Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain a
"Hazardous Materials Business Information and Chemical Inventory Packet ". This shall
be completed and submitted to the Fire Chief prior to the issuance of a building permit.
(OCFA)
25.2. Prior to the issuance of a building permit, the applicant shall submit the following;
regarding any battery system for the electrical equipment, to the Orange County Fire
Authority for review and approval. (OCFA)
- Battery (service codes PR370- PR375), for any system containing an aggregate
quantity of electrolyte with hazard classification(s) in excess of the permit
issuance threshold amount listed in CFC Appendix Chapter 1, Section 105.
Effective: 5 -11 -2015
SECTIONS
1. General
2. Planning
3. Architectural
4. Signage
5. Landscaping
6. Operational
7. Property Maintenance
8. Fees
9. Engineering
10. Landscaping in the Public Right -of -Way
11. Sewer and Wastewater
12. Street Trees
13. Street Lighting
14. Streets
15. Subdivisions
16. Traffic
17. Utilities
18. Drainage
19. Storm Water Quality
20. Building & Safety
21. Security
22. Antennas
23. Alcohol — On Sale
24. Alcohol — Off Sale
25. Fire
• Community Development Department • Planning Division •