Resolution No. 23411
RESOLUTION NO 2341
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CYPRESS APPROVING CONDITIONAL USE PERMIT NO 81-3 -
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 conditional use permit in
accordance with the terms of the Zoning Ordinance of the City of Cypress
to establish an accessory use at the Los Alamitos Country Club which
consists of a cable television receiving station consisting of a 60 foot
high receiving tower and 3 satellite receiving antennas to be located at
4961 Katella Avenue, Cypress, in the PS lA Public and Semi Public 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 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
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To permit adequate identification of areas reserved and
developed for public uses other than street rights of way
to provide for expansion of their operations or change in use
and to identify and preserve areas of historic and community
significance for the enjoyment of future generations
b The proposed location of the conditional use 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 location of the "head -end" receiving facility
has been located so as not to interfere with the future
Denni Street right-of-way
(2) The cable television receiving tower will be limited to
a maximum of 60 feet in height thereby remaining
substantially obscured by surrounding eucalyptus trees
on the proposed project site
(3)
The City of Cypress will maintain control over the trunk
cable routes throughout the City and shall have final
authority concerning excavation within the public right-of-way
(4) This cable television receiving facility should become a
benefit to the community in that the City will be guaranteed
future access rights and receive a service fee for each
geographic franchise area serviced from this facility
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 9th day of February 1981
ATTEST
C ��f e
THE C
Y)iCkLejn
MAYOR OF THE CITY OF CYPRESS
CITY IOF CYPRESS
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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 9th day of February 1981, by the following
roll call vote
AYES 5 COUNCIL MEMBERS Coronado, Lacayo Mullen Rowan and Evans
NOES. 0 COUNCIL MEMBERS. None
ABSENT 0 COUNCIL MEMBERS None
242,
CITY CLE K 1�F THE Cd
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OF CYPRESS
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EXHIBIT A
CONDITIONAL USE PERMIT NO 81 3 (RESUBMITTAL)
1 California Cablesystems Inc shall abide by all applicable City codes
which include issuance of all necessary Building and Safety Department
permits Furthermore an annual business tax shall be paid by the appli-
cant in accordance with City regulations
2 While the 60 foot tower does not require Federal Aviation Administration
approval, the tower shall be installed to comply with F A A regulations
which include the necessary hazard indication lighting
3 The height of the proposed tower will be limited to a maximum of 60 feet
4 California Cablesystems will be solely responsible for the necessary
arrangements for trunk cable right-of-way through the City, including
acquisition thereof• provided however that the City be consulted and its
approval obtained with regard to the cable route(s) through the City
5 All construction within the public right-of-way, including any disturbance
of pavement shall not commence prior to issuance of City right -of way
permits and approval of the Public Works Director
6 California Cablesystems will prepare and submit to the City a plan and
schedule which will provide for the construction and installation of each
cable route Such plan and schedule will be submitted and approved by the
City prior to the start of construction
7 At all times while the antenna and cables are in place California
Cablesystems will, at its own cost and expense, keep and maintain them in
good order and safe condition
8 California Cablesystems will have the sole and exclusive obligation for
safe and proper installation and operation of the tower, antennas and
cables in the City and will hold the City free and harmless and defend the
City from all claims or damages resulting from or in connection with the
installation or operation of the system California Cablesystems will also
keep and maintain a policy or policies of public liability and property
damage naming the City as an additional named insured party with loss
payable amounts of not less than $1 000 000 00 per occurrence in a form
acceptable to the City Attorney
9 The approval of this conditional use permit will not constitute or be
construed so as to allow any cable television service in or to any person
or entity within the City of Cypress
10 California Cablesystems will pay to the City of Cypress a one time fee of
$2,500 00 for each franchise area served by this installation For purposes
of this condition, a franchise area will mean a geographic area covered by
a governmental agency but will not include additional areas covered by a
mere extension of a pre existing franchise The $2 500 00 service fee shall
be payable to the City of Cypress upon award of franchise for any geographic
franchise area and prior to service commencing for that franchise area A
list of all franchise areas shall be provided the City Manager's office and
updated annually or upon award of additional franchise areas to California
Cablesystems Inc
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11 If at any time the City of Cypress grants a cable television franchise to
a company or entity other than California Cablesystems, that franchisee
will be afforded the opportunity to avail itself of the installation for
service to the City of Cypress at costs and rates negotiated between
California Cablesystems and such franchisee in good faith or failing such
an agreement at reasonable cost and rate determined by Arbitration in
accordance with the rules of the American Arbitration Association In
addition to this condition an agreement guaranteeing the City's access
rights to the "head -end" facility shall be drafted by the Cypress City
Attorney and executed by California Cablesystems, Inc prior to operation
of the "head -end receiving station
12 The Cypress City Council shall maintain ongoing control of Conditional Use
Permit No 81-3 and may in accordance with the City's Zoning Ordinance
review and/or revoke said use permit should the Council determine that said
use has become detrimental to the public health safety or welfare, or
materially injurious to properties or improvements in the vicinity
13 In such cases where undergrounding of public utilities shall occur whether
by direction of a public utility company or the City of Cypress, the appli
cant, California Cablesystems Inc shall bear the cost of undergrounding
its trunk cable lines and any ancillary hardware
14 All applicable conditions of approval shall be complied with prior to
Conditional Use Permit No 81 3 becoming effective
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