Resolution No. 4879272
RESOLUTION NO. 4879
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 97 -38 - 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 18.2 of the Zoning Ordinance of the City of Cypress to
allow the installation of a PCS type cellular telecommunications system located at 5100 Cerritos
Avenue, within the PS Public and Semi - public Zone.
2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this project on November 13, 1997.
3. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on
December 8, 1997, during a public meeting of the City Council.
4. That in accordance with Section 18.4 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 zone in which the site is located, which is:
Intended as an area preserved for public uses other than street right -of-
way.
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 existing church /school buildings onsite,
including size, materials, and color.
(2) The proposed telecommunications antenna system is a permitted
accessory use within the PS Public and Semi - public Zone.
(3) The proposed unmanned wireless telecommunications transmission
facility is compatible with surrounding race track, business park and residential
uses.
(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 13.4 of the Cypress Zoning Ordinance with regard
to stealth design antennas.
(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 wireless digital phone
transmission facility will not be bright, shiny, garish or reflective.
273
(8) The antenna system and accessory equipment cabinets will be placed
on the walls and on the roof, respectively, which will avoid conflict with onsite
parking and vehicle circulation.
(9) Based on the available information regarding electromagnetic
radiation emissions, this facility will not generate radiation levels considered
harmful by the Federal Government.
(10) The proposed project will be 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 conditional use permit, subject to a public hearing.
(11) No complaints have been received regarding the existing wireless
telecommunications transmission facilities located in the City of Cypress.
c. The cellular telecommunications 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 No. 97 -38, 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 8th day of December , 1997.
ATTEST:
44p---;--
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
OF HE CITY OF CYPRESS
I, LILLIAN M. HAINA, 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 8th day of December , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Carroll , Keenan, Piercy and Jones
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
cf)ua-,- ot-\
CITY CLERK OF THE CITY OF CYPRESS
274
EXHIBIT "A"
DESIGN REVIEW COMMITTEE PERMIT NO. 97 -38
5100 Cerritos Avenue
CONDITIONS OF APPROVAL
* Denotes conditions which are 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 et 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. The applicant shall obtain a Cypress business license prior to commencement of the
Personal Communication Systems (PCS) facility operation.
5. Within forty -eight (48) hours of the approval of the project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk in
the amount of Thirty -eight Dollars ($38.00) County administrative fee, to enable the City to
file the Notice of Determination required under Public Resources Code Section 21152. If
within such forty -eight (48) hour period the applicant/developer has not delivered to the
§ Community Development Department § Planning Division §
Exhibit "A"
Design Review Committee Permit No. 97 -38
Conditions of Approval
275
Page 2
Community Development Department the check required above, the approval for the
project granted herein shall be void.
COMMUNITY DEVELOPMENT
6. Any expansion or modification of the approved telecommunications antenna system beyond
what is approved as part of Design Review Committee Permit No. 97 -38 will require an
amendment to this permit.
7. 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.
8. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
9. All equipment, such as electrical wiring and mechanical equipment associated with the
antennas shall be buried underground or enclosed in the electrical equipment cabinets.
*10. The flush - mounted antennas and the accessory equipment cabinets shall be painted to blend
in with the building upon which they are located.
11. The project shall be constructed as illustrated on plans and renderings submitted. The final
color of the antennas and equipment cabinets shall be submitted to City staff for review and
approval prior to actually painting them.
12 The applicant/developer shall not erect or display on the subject property any signs which
have not been approved in writing by the Community Development Department.
13. Any substantiated complaints or violations to these conditions may result in the termination
of this use, subject to review by the City Council.
14. The City Council shall maintain the right to review the service hours of operation and may
limit the service hours should substantiated complaints be received that the service hours
are creating an adverse impact upon neighboring properties.
*15. If the wireless telecommunications facility use ceases to exist at the site, the applicant shall
remove all structures and equipment from the lease property within six (6) months. Pacific
Bell Mobile Services shall post a bond for the cost of removal, to ensure such performance.
§ Community Development Department § Planning Division §
276
Exhibit "A"
Design Review Committee Permit No. 97 -38
Conditions of Approval
Page 3
*16. The lease agreement between the property owner and the wireless telecommunications
facility operator shall not include exclusive rights which prohibit co- location of similar
facilities where it is technically feasible to do so.
BUILDING CONDITIONS
17. Applicant/developer shall comply with applicable provisions of the 1994 Uniform Building,
Plumbing and Mechanical Codes, 1993 National Electrical Code, California Code of
Regulations, Title 24, and the Code of the City of Cypress.
18. The antennas shall be adequately grounded for protection against a lightning strike.
19. A wind velocity test shall be required, if deemed necessary by the Building Official.
20. The antenna system shall be installed and maintained in compliance with the requirements
of the Building Code. Antenna installers shall obtain a building permit prior to installation.
FIRE CONDITIONS
21. Prior to issuance of building permits, 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 12 -8 -97
§ Community Development Department § Planning Division §