Resolution No. 4790491
RESOLUTION NO. 4790
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 -4 TO ALLOW A ROOF MOUNTED SATELLITE ANTENNA
ON THE ROOF OF THE HOME DEPOT HOME IMPROVEMENT CENTER.
VARIANCE NO. 97 -3
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 a roof mounted
satellite dish on the rear portion of the roof of the Home Depot home improvement center located
at 5782 -5892 Lincoln Avenue within the CHLC Commercial Heavy Lincoln Avenue Combining
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) Locating the antenna in conformance with the specifications of this section
would obstruct the antenna's reception window or otherwise excessively interfere with
reception, and such obstruction or interference involves factors beyond the applicant's
control; or, the cost of meeting the specifications of this section is 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) The location of the antenna on the roof, is at the rear portion of the building
and will be consistent with neighboring improvements, uses, and architectural character.
(d) 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 a roof mounted satellite
antenna which will be screened from the surrounding uses..
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Variance No. 97 -3.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 28th day of April , 1997.
MAYOR OF THE CITY OF CYPRESS
492
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
I, LILLIAN M. HAINA,
that the foregoing Resolution was
on the 28th day of April
City Clerk of the City of Cypress, DO HEREBY CERTIFY
duly adopted at a regular meeting of the said City Council held
, 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
CITY CLERK OF THE CITY OF CYPRESS
493
EXHIBIT "A"
VARIANCE NO. 97 -3
5792 -5892 Lincoln Avenue
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 se q. - 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. The satellite antenna shall be screened from view from all adjacent streets and
properties.
5. Structural calculations for the satellite antenna shall be submitted to the Cypress
Building Division as part of building plan check.
6. 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.
Effective 4/28/97
• Community Development Department • Planning Division •