Resolution No. 4027f,
RESOLUTION NO 4027
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 MORE THAN TWO AMATEUR RADIO
ANTENNAS TO REMAIN CLOSER THAN TEN FEET FROM OTHER
STRUCTURES, WITH ONE TOWER LOCATED IN THE STREET SIDE YARD
VARIANCE NO. 91-9
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 more than two (2) amateur radio antennas to
remain closer than ten feet (10') from other structures, with one (1) tower located in the
street side yard located at 9815 Cedar Court.
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. Strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by owners of other
properties in the same zone.
b. The granting of the variance as conditioned will not constitute the
granting of a special privilege inconsistent with the limitations on other properties in
the vicinity classified in the same zone.
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
NOW THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Variance No. 91-9, subject to the conditions set forth
in Exhibit ' A attached.
PASSED AND ADOPIED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of January 1992.
ATTEST
`1
MAYOR OF THE CITY OF CYPRESS
CITY CLERK 0 THE C OF CYPRESS
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 13th day of January 1992, by the following roll call vote:
AYES. 5 COUNCIL MEMBERS. Age Bowman, Kerry Nicholson,
and Partin
NOES. 0 COUNCIL MEMBERS. None
ABSENT 0 COUNCIL MEMBERS. None
it
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CITYYCLERK THE C OF CYPRESS
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"EXHIBIT A"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 87-30
CONDITIONS OF APPROVAL
1. Only three (3) aerobic classes per day shall be conducted at the gym Monday through
Friday. The hours of these classes will be limited to one (1) aerobic class between the
hours of 5 a.m. and 9 a.m. one (1) class offered between the hours of 9 a.m. and 5:30
p.m. and one (1) class offered between the hours of 5:30 p.m. and 11 p.m.
2. During Gold's weekend hours, only two (2) aerobic classes per day shall be conducted
between the hours of 8 a.m. and 8p.m. Saturday and Sunday. The hours of these
classes will be limited to one (1) aerobic class offered between the hours of 8 a.m. and
11.30 a.m. and one (1) class offered between the hours of 2:30 p.m. and 8 p.m. All
aerobic classes shall be conducted at a minimum of three (3) hour intervals.
3. A request to alter the hours of the aerobic classes shall require an amend to the
approved Conditional Use Permit No. 87-30.
4. Should the City of Cypress receive substantial complaints regarding insufficient
parking, or complaints regarding any issue addressed within this amendment,
mitigation measures shall be imposed to remedy the situation to the satisfaction of the
Design Review Committee.
5. Said mitigation measures may require the alteration of the back facade wall, in order
to create an entrance from the rear parking area and may further require any
additional mitigation measures deemed appropriate by the Design Review Committee,
such as additional lighting or landscaping as determined by the committee in order to
create a secure area for club members.
6. Should the City receive complaints regarding loud music generated from the aerobic
classes and/or parking problems as a result of this approval, these complaints shall
initiate the modification and possible revocation of the Amendment to Conditional
Use Permit No. 87-30.
7 Upon determination that the conditions of approval have been violated, the Planning
Director shall make the determination of such violation and shall make
recommendation to the City Council that said approval be discussed at a public
hearing for further action.
8. Applicant/developer shall comply with applicable provisions of the 1988 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Administrative Code, Title 24, and the Cypress City Code.
9. Signs shall be posted encouraging patrons to park at the rear of the site.
Revised 12/10/91
EXHIBIT A"
VARIANCE NO. 91-9
CONDITIONS OF APPROVAL
1. No antenna or its supporting structure shall be located in the area between the front
property line and the dwelling.
2. A maximum of two (2) antenna supporting structures, including exempt antennas,
shall be allowed per lot.
3. Prior to issuance of building permits, the applicant shall present certification that
the proposed installation is in conformance with applicable City building code
regulations. In addition, the applicant shall provide written documentation of such
conformance including load distributions within the building's support structure and
certified by a registered engineer. In the event the applicant cannot provide the
required documentation, both antenna towers shall be removed no later than thirty
(30) days after the date of the public hearing.
4. No advertising shall be allowed on any antenna.
5. All electrical wiring associated with any antenna shall be buried underground or
hidden in a manner acceptable to the building official.
6. The antenna, including guy wires, supporting structures, and accessory equipment,
shall be located and designed so as to minimize the visual impact on surrounding
properties and public streets. The materials used in constructing the antenna shall
not be unnecessarily bright, shiny, garish, or reflective.
7 Every antenna must be adequately grounded, for protection against a direct strike of
lightning, with an adequate ground wire. Ground wires shall be of the type
approved by the latest edition of the electrical code for grounding masts and
lightning arrestors and shall be installed in a mechanical manner, with as few bends
as possible, maintaining a clearance of at least two inches (2") from combustible
materials. Lightning arrestors shall be used that are approved as safe by the
Underwriter's Laboratories, Inc., and both sides of the lines must be adequately
protected with proper arrestors to remove static charges accumulated on the line.
When Lead-in conductors of polyethylene ribbon -type area used, lightning arrestors
must be installed in each conductor. When coaxial cable or shielded twin lead is
used for lead-in, suitable protection may be provided without lightning arrestors by
grounding the exterior metal sheath.
8. No support structures may be attached to any fences adjacent to the towers.
Revised 12/10/91