Resolution No. 560599
RESOLUTION NO. 5605
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE PERMIT NO. 2002-05 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for a Design Review Committee Permit in accordance
with the provisions of Section 35.157 of the Zoning Ordinance of the City of Cypress to allow the
installation of a third flush building- mounted telecommunications antenna system and related roof -
mounted equipment on the Courtyard by Marriott hotel building located at 5865 Katella Avenue,
within the PC -3 Planned Community Business Park Zone.
2. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on August 1, 2002.
3. That in accordance with Section 35.159 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on
September 9, 2002, during a public meeting of the City Council.
4. That in accordance with Section 35.161 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 more precisely defined land uses,
infrastructure, circulation patterns, developments 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 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 telecommunications antenna system design would be
compatible and consistent with the hotel building onsite, including size, materials,
and color.
(2) The subject unmanned wireless telecommunications transmission
facility would be compatible with surrounding commercial, office, and restaurant
uses within the same PC -3 Planned Community Business Park Zone.
(3) A stealth telecommunications transmission antenna system could be
permitted as an accessory use within the PC -3 Planned Community Business Park
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 19, Division 2, of the Cypress Zoning
Ordinance with regard to stealth design antennas.
(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 on the walls and on the roof, respectively, which would avoid
conflicts with parking and vehicle circulation.
(9) Based on the available information regarding electromagnetic
radiation emissions, this antenna facility would not generate radiation levels
considered harmful by the Federal Government.
(10) 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.
(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,
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 Design Review Committee Permit No. 2002 -05, 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 9th day of September, 2002.
ATTEST:
ITY CLERK OF T CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
MAYO i F THE CITY OF CYP SS
I, JILL R. INGRAM- GUERTIN, 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 September, 2002, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
OAS
Y CLERK OFT 1 I ITY OF CYPRESS
100
101
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 2002-05
5865 Katella Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
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 el seq. - 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 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.
3. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
4. All applicable conditions of Design Review Committee Permit No. 2002 -05 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 Forty -Three Dollars ($43.00) 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.
• Community Development Department • Planning Division •
102
Exhibit "A"
Design Review Committee Permit No. 2002 -05
Conditions of Approval
Page 2
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.
COMMI TNITY DEVELOPMENT CONDITIONS
7. Any expansion or modification of the approved flush- mounted telecommunications antenna
system beyond what is approved as part of Design Review Committee Permit No. 2002 -05
will require an amendment to the permit.
8. 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.
9. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
10. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final color of the antennas and mounting hardware, as well as the
equipment cabinets, shall be submitted to City staff for review and approval prior to actually
painting them.
11. The recessed wall- mounted antennas and the accessory equipment cabinets shall be
painted to blend in with the building upon which they are located. A sample of the
antenna screen material 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 photo simulations
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.
12. All roof mounted equipment shall be adequately screened from public view subject to the
approval of City staff.
13. 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.
14. 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.
• Community Development Department • Planning Division •
103
Exhibit "A"
Design Review Committee Permit No. 2002 -05
Conditions of Approval
15. No advertising material shall be allowed on any antennas.
Page 3
16. 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.
17. No portion of an antenna array shall extend beyond the property lines or into any front yard
area. Guy wires may be attached to the building but shall not be anchored within any front
yard area.
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 antenna shall be encouraged. Therefore,
lease agreements shall not include exclusive rights which would prohibit co- location where
it is technically feasible.
22. Public Safety Worldwide Wireless Networks, Inc. (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
• Community Development Department • Planning Division •
104
Exhibit "A"
Design Review Committee Permit No. 2002 -05
Conditions of Approval
facility that may be located on the subject property.
Page 4
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
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. 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 facia, and paint the patched area to match the
surrounding wall facia.
26. 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, 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.
RIIILI)MNG CONDITIONS
27. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative
Code, Title 24, and the Code of the City of Cypress.
FIRE AUTHORITY CONDITIONS - COMMERCIAL
28. 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: 9 -9 -2002
• Community Development Department • Planning Division •