Resolution No. 4854RESOLUTION NO. 4854
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, SECTION 13.4 -6 TO ALLOW AN ANTENNA TOWER TO BE LOCATED
CLOSER THAN TEN FEET (10') TO ANOTHER STRUCTURE AND TO WAIVE THE
SCREENING REQUIREMENTS FOR THE TOWER LOCATED AT 5285 CYPRESS
STREET.
VARIANCE NO. 97 -6
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, Section 13.4 -4, to allow the placement of an antenna tower
closer than ten feet (10') to another structure and to waive the screening requirements for the
tower proposed to be located at the City Maintenance Yard facility at 5285 Cypress Street within
the PS 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 in accordance with section 17.3 -7. of the Zoning Ordinance of the City of
Cypress, the City Council hereby finds that:
(a) The cost of locating the antenna in conformance with the specifications of this
section would be excessive, given the cost of the proposed antenna.
(b) The variance application includes a certification that the proposed installation
is in conformance with applicable City building code regulations. Furthermore, the
application must contain written documentation of such conformance, including load
distributions within the building's support structure and certified by a registered engineer.
(c) That 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, because the project involves only the installation of an antenna tower which will
not cause interference in either radio or television reception for the surrounding uses.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 97 -6.
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:
oh •4•4_t_.,:s.,
CITY CLERK OF THE CITY OF CYPRESS
197
198
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
icfrx
CITY CLERK OF THE CITY OF CYPRESS
199
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 •