Resolution No. 4892340
RESOLUTION NO. 4892
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE 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 for design review in accordance with the provisions
of Section 18.2 of the Zoning Ordinance of the City of Cypress to install a PCS
telecommunications system located at 6101 Ball Road in the (CG) Commercial General Zone.
2. That in accordance with the provisions of Section 18.3 of the City of Cypress
Zoning Ordinance, the Design Review Committee held a meeting on December 18, 1997, at
which it approved the installation of the stealth PCS system to be placed on the existing parapet
of the three (3) story building.
3. That the decision of the Design Review Committee on Design Review Committee
No. 97 -44 was reported to the City Council at the next regular Council meeting following the
date of the action by the Committee.
4. 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 of the zone in which the site is located is:
Intended as an area for the location of retail and wholesale commercial
activities.
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 proposed telecommunications system is compatible with the
General Plan and the Zone.
(2) The proposed stealth antenna is compatible with the surrounding
uses.
(3) The proposed antenna complies with the provision of the Antenna
Ordinance regulating the installation of a stealth system.
c. The proposed project will comply with each of the applicable provisions
of the 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 -44 subject to the conditions
attached here to Exhibit "A".
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 12th day of January , 1998.
1
MAYO OF ! CITY OF CYPRESS
341
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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 12th day of January , 1998, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Carroll, Keenan, Piercy and Jones
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAINED: 1 COUNCIL MEMBERS: Bowman
2
Oh . 4L
CITY CLERK OF THE CITY OF CYPRESS
342
EXHIBIT "A"
Design Review Committee No. 97 -44
6101 Ball Road
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
* Denotes conditions specific to this project.
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. All requirements of the Orange County Fire Marshal's Office shall
to issuance of Building Permits.
4. The applicant shall obtain a Cypress business license prior to
business operation.
5. All applicable conditions of Design Review Committee No. 97 -44
prior to final building permit inspection.
be complied with prior
commencement of the
shall be complied with
6. 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 Thirty-Eight Dollars ($38.00) 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
• Community Development Department • Planning Division •
Exhibit "A"
Design Review Committee No. 97 -44
Conditions of Approval
343
Page 2
Department the check required above, the approval for the project granted herein shall be
void.
PLANNING CONDITIONS
*7. Applicant shall comply with all applicable provisions of the City of Cypress Zoning
Antenna Ordinance.
*8 All architectural treatments shall be constructed as illustrated on plans and the color
of the antennas shall match the existing building color renderings submitted.
*9.
All equipment, such as electrical wiring and mechanical equipment associated with
the antennas shall be enclosed in the electrical equipment cabinets. Noise bafflers
and /or deflectors shall be constructed on all mechanical equipment, such as air
conditioners, mounted outdoors, if determined necessary by City staff.
*10. The lease agreement between the property owner and the digital wireless
communications facility operator shall not include exclusive rights which prohibit co-
location of similar facilities where it is technically feasible to do so.
BUILDING CONDITIONS
11. 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.
*12. 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
*13. Prior to obtaining Building permits, plans shall be reviewed and approved by Orange
County Fire Authority. Plans shall include the amount of batteries onsite.
Effective 1/12/98
• Community Development Department • Planning Division •