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Resolution No. 6039504 RESOLUTION NO. 6039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AMENDMENT TO DESIGN REVIEW COMMITTEE PERMIT NO. 97 -44 - 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 for an Amendment to 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 stealth antenna modifications and expansion of an existing building- mounted telecommunications antenna system and related roof - mounted equipment on the existing office building located at 6101 Ball Road, within the CG- 10,000 Commercial General 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 14, 2007. 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 9, 2007, 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 CG- 10,000 Commercial General Zone in which the site is located, which is: Intended for retail and wholesale commercial enterprises, service uses (including public utility uses), entertainment uses, and similar businesses. 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 parapet screen, would increase the compatibility and consistency with the existing office building onsite 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 public utility, commercial, office, 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. (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 accessory equipment cabinets would be placed on the roof, 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 radiation 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. 97 -44, subject to the amended 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 9th day of July, 2007. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR OF TH 505 rnatioK ITY OF dYPR 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 9th day of July, 2007, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Bailey, Mills, Narain, and Seymore NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Luebben CITY CLERK OF THE CITY OF CYPRESS