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Resolution No. 2865RESOLUTION NO. 2865 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 84-26 - WITH CONDITIONS. THE CITY COUNCIL OF TIIE CITY OF CYPRESS HEREBY FINDS, RESOLVES, DETERMINES, AND ORDERS AS FOLLOWS: 1. That an Application was filed for a conditional use permit in accordance with the provisions of Section 17.2 of the Zoning Ordinance of the City of Cypress to establish cable television offices and facilities including a 17 -foot earth station and a 95 -foot tower at 5595 Corporate Drive, in the BP -20,000 Business Park Zone. Also requested is a one foot variance to allow a 23 -foot parking aisle. 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 proposed location of the conditional use 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 modern industrial/commercial development which meets the high performance and development standards of the City. b. The proposed location of the conditional use and the con- ditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare or be materi- ally injurious to properties or improvements in the vicinity in that: (1) The proposed use is compatible with surrounding uses in the industrial center, (2) The location and height of the 95 -foot tower has been reviewed by the F.A.A. and received approval on December 26, 1984. (3) The F.A.A. determined that the proposed 95 -foot tower would not exceed any obstruction standard of Part 77 of the Federal Aviation Regulations and would not be a hazard to air navigation. (4) The proposed development planned including parking is in compliance with the development standards established for the BP -20,000 Zone with the exception of the north parking aisle. (5) It has been determined by the City Traffic Engineer that the one foot encroachment of the television antenna into the parking aisle would not be a hazard. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance except for approved variances or adjustments. 4. The City Council DOES HEREBY GRANT said conditional use permit, 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 28th day of January 1985. ATTEST: `/ CITY CL`' P CI YPRESS thiA MAYOR OJ OF CYPRESS THE CITY 197 198 STATE OF CALIFORNIA ) SS COUNTY OF ORANGE ) 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 28th day of January, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Coronado, Lacayo, Partin and Kanel NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Mullen CLERK OF E CITY, CITY C�ERK OF HE CITY. F CYPRESS 199 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 84-26 1. The developer shall conform to all applicable provisions of the City Code, 2, Bumper stops shall be installed in the two (2) parking spaces facing the tower. Two (2) 4 -inch diameter concrete -filled steel pipe guard posts shall be installed adjacent to each of the three (3) legs of the tower for pro- tection against traffic. Two (2) 4 -inch diameter concrete -filled steel pipe guard posts shall be installed on the north and east side of the earth station (four j4] pipes total) for protection against traffic. 3. The earth station shall be placed so as to not interfere with access to the existing sewer clean out and vault covers. 4. The 3 -foot wide concrete ribbon gutter shall be reconstructed after installation of the tower with an unimpeded flow line. 5. All requirements of the Orange County Fire Marshall's Office shall be complied with prior to a Certificate of Occupancy being issued. 6. All product and material storage shall occur within the building or within an approved fenced area screened from public view. Subject to a monthly approval by staff, construction materials for cable installation may be stored in parking areas. Both construction materials and location of materials are subject to staff approval. 7. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Planning Department approval prior to any signing installation. 8. Outside public address speakers, telephone bells, buzzers and similar devices which are audible on adjoining properties are hereby prohibited. 9. All roof mounted equipment, such as heating and air conditioning units, shall be adequately screened from public view, subject to the approval of the 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 the City staff. 10. The developer shall provide an adequate number of trash enclosures onsite and at a location acceptable to City staff. Architectural elevations and site plans shall be reviewed and approved by the Planning Department prior to Building Department Plan Check sub- mittal. 11. Parking for the handicapped shall be provided in accordance with State requirements. 12. The roll -up door located in the east wall of the building shall be removed and replaced with a solid wall constructed of building materials to match the existing structure.