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Resolution No. 3608RESOLUTION NO. 3608 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS GRANTING A VARIANCE FROM THE TERMS OF THE ZONING ORDINANCE OF THE CITY OF CYPRESS TO ALLOW A CELLULAR PHONE FACILITY, COMPRISED OF A 60 FOOT HIGH MONOPOLE AND A 300 SQUARE FOOT EQUIPMENT ROOM LOCATED AT 8882 WATSON STREET IN THE ML - INDUSTRIAL LIGHT ZONE. VARIANCE NO. 89 -4 THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an application was filed for a variance from the terms of the Zoning Ordinance of the City of Cypress to allow a cellular phone facility, comprised of a 60 foot high monopole and a 300 square foot equipment room located at 8882 Watson Street in the ML - Industrial Light Zone. 2. That the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law. 3. That the City Council hereby finds that: a. The strict or literal interpretation and enforcement of the specified height regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter because technology requires the pole to be sixty feet (60') in order to function effectively. b. The granting of the variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitation on other properties in the vicinity classified in the same zone because there are other structures in the same neighborhood and zone which are higher than the proposed 60 foot monopole. c. The granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity since the adjacent property to the north is separated by 250 lineal feet of railroad track and parking area and all other properties to the east, west„ and south are similar industrial uses. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Variance No. 89 -4, 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 24th day of July 1989. ATTEST: CITY C E� E CIS T',- OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ap,,,0/6/ MAY OF THE CITY OF CYPRESS I, DARRELL ESSEX, 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 24th day of July, 1989, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Age, Kanel, Kerry and Arnold NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAINED: 1 COUNCIL MEMBERS: Bowman CITY CL R 0 THE CITY OF CYPRESS EXHIBIT "A" CONDITIONAL USE PERMIT NO. 89 -10 & VARIANCE 89 -4 CONDITIONS OF APPROVAL 1. The applicant /developer shall comply with all provisions of the City Code. 2. All provisions of the Building Division must be met. 3. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to a Certificate of Occupancy being issued. 4. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 5. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 6. Transformer boxes or electrical devises shall be placed in acceptable locations and shall be adequately screened from view subject to review by the Planning Department. 7. All electrical wiring associated with the utility room or monopole shall be enclosed in the building or buried underground subject to the Planning and Building Departments, or to the satisfaction of the Planning and Building Departments. 8. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Planning Department. 9. No advertising material shall be allowed on the monopole, grid panels or microwave dishes. 10. Any advancement in technology which may reduce the size of the pole, grid panels or microwave dishes should be brought to City Council for a public hearing. 11. Any changes to the facility shall require an amendment to the conditional use permit subject to a public hearing by City Council. 12. The conditions set forth in Conditional Use Permit No. 87 -36 shall be met and maintained. Substantiated complaints or violations to these conditions may result in the termination of this use, subject to a public hearing by City Council. 13. Any radio transmission interferences to surrounding areas, that can be attributed to this project may require a change in the monopole equipment subject to a public hearing before City Council. 14. The location of the nine (9) grid panel antennae shall be subject to design review.