Resolution No. 4853194
RESOLUTION NO. 4853
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 97 -23 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 Design Review Committee permit in
accordance with the provisions of Section 18.2 of the Zoning Ordinance of the City of Cypress to
install a antenna tower on the City Yard property located at 5285 Cypress Street within the PS
Public and Semi - Public Zone.
2. That in accordance with Section 18.3 of the Cypress Zoning Ordinance, the
Design Review Committee reviewed and approved this request on September 4, 1997.
3. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the
decision of the Design Review Committee on this project was reported to the City Council on
September 22, 1997, during a public meeting of the City Council.
4. That in accordance with Section 18.4 of the Cypress Zoning Ordinance, the
effective date of the Design Review Committee's decision to approve this project shall be the date
of acceptance by the City Council, and upon receipt by the Community Development Department
of an agreement to any conditions of approval signed by the applicant.
5. 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 and intent of the zone in which the site is located, which is:
Intended 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 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 subject antenna tower will be compatible and consistent with
the surrounding uses in that the tower will be predominantly screened from
adjacent uses.
(2) The proposed antenna tower will not be detrimental to surrounding
properties within the same Zone in that it will not interfere with television or radio
reception of the surrounding uses.
c. The project, as conditioned, will comply with each of the applicable
provisions of the Cypress Zoning Ordinance except for approved variances or adjustments.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee No. 97 -23, 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 22nd day of September , 1997.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
• A .44,,14.
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 22nd day of September , 1997, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bowman, Jones, Keenan, Piercy
and Carroll
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Q.0,02._ 01\ . 440_,,:a_.
195
CITY CLERK OF THE CITY OF CYPRESS
196
EXHIBIT "A"
VARIANCE NO. 97-6/DESIGN REVIEW COMMITTEE NO. 97 -23
5285 Cypress Street
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
* Indicates a condition that is 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. The applicant /developer shall comply with all provisions of the Code of the City of Cypress.
4. Structural calculations for the antenna tower shall be submitted to the Cypress Building
Division prior to the issuance of building permits.
5. 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.
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 Department the check required above, the approval for the
project granted herein shall be void.
Effective 9/22/97
• Community Development Department • Planning Division •