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Resolution No. 5572 460 RESOLUTION NO. 5572 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 2002-03 -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 second flush-mounted telecommunications antenna system and related 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 May 23, 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 June 10, 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 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 is compatible and consistent with the hotel building onsite, including size, materials, and color. (2) The subject unmanned wireless telecommunications transmission facility is compatible with surrounding commercial, office, and restaurant uses within the same PC-3 Planned Community Business Park Zone. (3) The proposed stealth telecommunications transmission system is a permitted accessory use within the PC-3 Planned Community Business Park Zone. (4) The proposed wireless telecommunications transmission facility will provide additional public communication service for cellular telephone users located in, and passing through, the City of Cypress. (5) This wireless telecommunications transmission facility complies with the requirements of Section 19, Division 2, of the Cypress Zoning Ordinance with regard to stealth design antennas. -1- 461 (6) This stealth design wireless telecommunications transmission facility will 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 will not be bright, shiny, garish or reflective. (8) The proposed antenna system and accessory equipment cabinets will be placed on the walls and on the roof, respectively, which will avoid conflicts with parking and vehicle circulation. (9) Based on the available information regarding electromagnetic radiation emissions, this antenna facility will 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, 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. 2002-03, 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 10th day of June, 2002. 146.4u6.0 MAYO THE CITY OF CYPRESS ATTEST: • 3 Y CLERK OF T 1 ITY OF CYPRESS STATE OF CALIFORNIA) COUNTY OF ORANGE )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 10th day of June, 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 • 1 dt . ��11• l__4ia --J • 'I A •_ Y CLERK OF Ti CITY OF CYPRESS -2-