Resolution No. 6521RESOLUTION NO. 6521
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING DESIGN REVIEW COMMITTEE PERMIT NO. 3033
- 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 4.19.060.D of the Zoning Ordinance of the City
of Cypress to allow the construction of a stealth (imitation tree) telecommunications
antenna facility (operated by Verizon Wireless) including 12 antenna panels mounted on a
50 -foot tall monopine -type support structure and a 140 square -foot equipment enclosure,
within an existing retail commercial center located at 4470 Lincoln Avenue within the PC
Planned Community Zone.
2. That in accordance with Section 4.19.060.E of the Cypress Zoning
Ordinance, the Design Review Committee reviewed and approved this project on June 18,
2015.
3. That in accordance with Section 4.19.060.E.2 of the Cypress Zoning
Ordinance, the decision of the Design Review Committee on this project was reported to
the City Council on July 27, 2015, 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 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 zone in which the site is
located, which is:
Intended to permit a compatible mix of land uses and planned
commercial developments.
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
would be compatible and consistent with the surrounding commercial center
onsite, including masonry materials and color on the equipment enclosure
wall and the species of trees located in the surrounding area.
(2) The subject unmanned, stealth wireless telecommunications
antenna facility would be compatible with the surrounding uses.
(3) A wireless telecommunications antenna facility is a permitted
use within the PC Planned Community Zone.
(4) The proposed wireless telecommunications antenna facility
would provide additional public communication service for cellular telephone
users located in, and passing through, the City of Cypress.
(5) This wireless telecommunications antenna facility would
comply with the requirements of Section 3.16 of the Cypress Zoning
Ordinance with regard to stealth antenna facilities.
c. The wireless telecommunications antenna facility project, as
conditioned, will comply with each of the applicable provisions of the Cypress Zoning
Ordinance and the Lincoln Avenue Specific Plan.
479
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the 480
City of Cypress does hereby approve Design Review Committee Permit No. 3033, subject
to the conditions attached hereto as Exhibit "A ".
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 27th day of July, 2015.
(sir
MAYOR ;OW THE CITY OF CYPRESS
ATTEST:
A(4,40/V)
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 27th day of July, 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
481
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 3033
4470 Lincoln Avenue
(Verizon Antenna Facility)
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) shall be complied with prior
to a certificate of occupancy being issued. (Planning)
• Community Development Department • Planning Division •
482
Exhibit "A"
Design Review Committee Permit No. 3033
Conditions of Approval
Page 2
1.6. The applicant shall obtain a Cypress business license prior to commencement of the
business operation. (Finance)
1.7. All applicable conditions of the project shall be complied with prior to final release of the
building permit. (Planning)
1.8. 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
Design Review Committee Permit will require an amendment to the permit. (Planning)
2.3. This Design Review Committee Permit may be modified 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)
2.4. 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 imitation pine
tree structure shall be reviewed and approved by the Community Development
Department prior to the issuance of building permits. (Planning)
3.2. All architectural treatments shall be constructed as illustrated on plans and renderings
approved by Design Review Committee No. 3033. The final exterior color scheme shall be
submitted to City staff for review and approval prior to the issuance of building permits for
the mono -pine structure, the masonry enclosure wall, and the electrical equipment.
Any cables, fittings, etc. that must be mounted on the exterior of the mono -pine
structure and the equipment enclosure shall be painted to match the structure to
which they are attached. (Planning)
3.3. The proposed antenna project shall include and be limited to: 1) construction of a
freestanding, telecommunications antenna tower, with an imitation pine tree (mono -
pine) design, not exceeding 50 feet in height; 2) installation of 12 eight -foot long
directional panel antennas mounted on a three -sided array attached to the pole
structure and with attached screening foliage; 3) installation of two ground- mounted
electrical equipment cabinets and a diesel - fueled back -up generator within a 140
• Community Development Department • Planning Division •
483
Exhibit "A"
Design Review Committee Permit No. 3033
Conditions of Approval
Page 3
square foot masonry equipment enclosure; 4) construction of an eight -foot tall
decorative masonry wall around the perimeter of the equipment cabinets; and 5)
relocation /construction of the existing trash enclosure to be adjacent to the antenna
structure, as well as the one to be located adjacent to the proposed equipment
enclosure. The equipment enclosure wall shall fully screen the ground- mounted
equipment from ground level view. The antenna panels shall be painted to match the
color of the imitation tree foliage and treated with pine foliage "socks" as noted on the
approved Elevation Plans for this project. The foliage branches shall be of the most
realistic design available; and the density of the branches shall be designed to the
fullest extent possible to provide maximum screening of the antenna array panels and
supporting structure. The lower branches on the imitation tree structure shall begin
at a maximum height of 15 feet from finished grade level. Acceptance of the antenna
screening foliage shall be subject to final inspection (for consistency with the approved
elevation drawings and photo simulations) and approval by the Community
Development Department. (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 outdoor equipment shall be adequately screened from public view subject to the
approval of City staff. Commercial or industrial developments which adjoin residentially
zoned areas shall construct noise bafflers and /or deflectors on all mechanical equipment
mounted outdoors to the satisfaction of City staff. (Planning)
4. Signage — N/A
5. Landscaping
5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress
Planning Division for review and approval at least sixty (60) days prior to issuance of a
certificate of occupancy. In addition, a bond shall be posted with Public Works to
guarantee against defects in plant materials and workmanship for a period of one (1) year
from acceptance of the landscape installation. All required landscaping shall be
permanently maintained in a neat and orderly condition. (Planning)
6. Operational
6.1. The City Council shall maintain the right to review the regular maintenance service hours
and may limit the regular maintenance 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 residential development. Regular
maintenance activities shall be limited to daytime business hours. Emergency
service /repair activities may be conducted at any time. (Planning)
• Community Development Department • Planning Division •
484
Exhibit "A"
Design Review Committee Permit No. 3033
Conditions of Approval
7. Property Maintenance
Page 4
7.1. All walls, fences, and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity
or graffiti which threatens the appearance. All graffiti shall be removed within 24 to 48
hours once notified in writing by the City. (Planning)
7.2. Parking lot surfaces and pedestrian walkways, located within the antenna purveyor's lease
area, shall be maintained in a safe condition such that any concrete, asphalt, or other driving
or walking surfaces are free of potholes, buckled or cracked surfaces, or raised areas. This
includes paved areas which were removed and replaced during project construction.
(Planning)
7.3. The antenna structure and equipment enclosure shall be maintained such that the structures
are free of broken, missing, faded, or significantly cracked surface finished materials.
(Planning)
8. Fees
8.1. The applicant shall pay the following fees per Resolution No. 6118, except as otherwise
noted below. (Engineering)
- 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)
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
• Community Development Department • Planning Division •
485
Exhibit "A"
Design Review Committee Permit No. 3033
Conditions of Approval
14. Streets
Page 5
14.1. Prior to release of utilities for the antenna facility, the applicant shall remove and replace
any existing public improvements at the development site which have existing damage, are
damaged due to construction, or otherwise below current standards, to the satisfaction of
the Engineering Division Manager. (Engineering)
15. Subdivisions — N/A
16. Traffic — N/A
17. Utilities
17.1. Prior to release of utilities for the antenna facility, the applicant shall install all related
utility services for the antenna facility underground. (Engineering)
17.2. Attention is directed that trenching and backfill in streets shall be per City of Cypress
Public Works Standard Plan No. 109. Arterials shall be crossed by boring only. In
public streets, lateral open cuts spaced within 20 feet of each other shall be covered with
a one inch continuous asphalt concrete cap. (Engineering)
18. Drainage — N/A
19. Storm Water Quality — National Pollutant Discharge Elimination System
19.1. The applicant shall construct new or modify its existing trash enclosure structure to
possess a solid covered roof that prohibits stormwater to enter and then discharge from
the enclosure. The applicant shall obtain all required permits from the Building
Department for construction and also obtain final inspection to ensure it meets the above
mentioned criteria prior to the issuance of a final certificate of occupancy. (Engineering,
Water Quality)
20. Building and Safety
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)
• Community Development Department • Planning Division •
486
Exhibit "A"
Design Review Committee Permit No. 3033
Conditions of Approval
Page 6
20.3. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and /or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants, with regard to the diesel - fueled
back -up generator. (Building & Safety)
20.4. Type 5 cement shall be used for all foundations and slabs on grade. (Building & Safety)
20.5. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. thick
moisture barrier. (Building & Safety)
20.6. A stamped soil investigation report shall be submitted with the plans for plan check.
Report shall include soil bearing capacity, seismic study, in compliance with the Seismic
Hazard Mapping Act of the State of California, grading, paving, sulfate test, and other
pertinent information under good engineering practice. (Building & Safety)
20.7. Prior to final release of the building permit, 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)
20.8. Building plans shall be stamped by a licensed engineer. (Building & Safety)
21. Security
21.1. All exterior doors to the equipment enclosure, as well as the base of the antenna
structure, shall be illuminated with a minimum of one (1) footcandle of light. All
exterior bulbs shall be protected by weather and vandalism resistant cover(s). (Police
Department)
21.2. The landscaping and lighting plans for the project shall also be subject to review by the
Cypress Police Department. (Police Department)
22. Antennas
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. The materials used in constructing the antenna shall not be unnecessarily bright, shiny,
garish, or reflective. (Planning)
• Community Development Department • Planning Division •
487
Exhibit "A"
Design Review Committee Permit No. 3033
Conditions of Approval
Page 7
22.5. 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)
22.6. A wind velocity test shall be required, if deemed necessary by the Building Official.
(Building & Safety)
22.7. 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)
22.8. A faithful performance bond to ensure the removal of abandoned antenna facilities shall be
posted prior to the issuance of building permits. (Planning)
22.9. Design Review Committee Permit No. 3033 for a cellular, pcs, or other wireless antenna
shall be reviewed at least every five (5) years by the City Council. Such review shall focus
on whether changing technology has rendered the design obsolete, and whether
maintenance measures are required (i.e. cleaning and /or replacement of faded or damaged
imitation foliage or other materials on the antenna facility). (Planning)
22.10. 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)
22.11.The applicant recognizes that the frequencies used by the cellular facility located at 4470
Lincoln 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, Permit
Applicant (Verizon Wireless) 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)
• Community Development Department • Planning Division •
488
Exhibit "A"
Design Review Committee Permit No. 3033
Conditions of Approval
Page 8
22.12. At all times, Verizon Wireless shall not prevent City of Cypress from having adequate
spectrum capacity on City's 800 MHz radio frequency. (Police Department)
22.13. Before activating its facility, Verizon Wireless shall 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 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)
22.14. Should substantiated complaints be received regarding signal interference, with the same or
surrounding properties or uses, caused by this antenna facility frequency, the antenna
purveyor 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 the antenna purveyor, this permit may be modified and/or
revoked, subject to a public hearing by the City Council. (Planning)
22.15. 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. The applicant shall self -
certify, through a written statement, that the Radio Frequency Emissions (RFE) related to
the proposed antenna facility shall comply with FCC standards for such
emissions. For wireless communications facilities located on properties which abut
residentially zoned properties, an RFE site compliance report shall also be provided for
verification of compliance with FCC standards for RFE. (Planning)
23. Alcohol — On Sale — N/A
24. Alcohol — Off Sale — N/A
25. Fire
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 ". The
hazardous materials compliance and chemical classification packet shall be completed
and submitted to the Fire Chief prior to the issuance of a building permit (service codes
PR315- PR328). (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: 7 -27 -2015
• Community Development Department • Planning Division •
489
Exhibit "A"
Design Review Committee Permit No. 3033
Conditions of Approval
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
Page 9
• Community Development Department • Planning Division •