Resolution No. 3922132
RESOLUTION NO. 3922
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO 90-17 - 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 provisions of Section 17 2 of the Zoning Ordinance of the
City of Cypress to rebuild an existing gasoline station to add a drive-
through car wash and snack shop with the sale of offsite beer and wine and to
allow twenty-four hour scheduling of truck deliveries located at 6000 Cerritos
Avenue in the CG Commercial General 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
Intended as an area for the location of retail and wholesale
commercial activities
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 project will result in the elimination of an existing
service station facility an updating of the gasoline pump system,
elimination of all auto repair services and the addition of a
snack shop and an automatic drive-through car wash
(2) A traffic analysis prepared for the City concluded the
project as conditioned will not increase traffic on the adjacent
roadways from the existing Levels of Service (LOS)
(3) A noise analysis prepared for the project concluded the
audible noise from the car wash will not exceed existing street
traffic noise levels from Cerritos Avenue and Valley View Street
(4) An updated/modernized facility with a new sign program
(prohibiting pole signs) will be constructed due to approval of
this conditional use permit
c The proposed conditional use will comply with each of the
applicable provisions of the 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 Conditional Use Permit No 90-17 subject to the
conditions attached hereto as Exhibit A.
PASSED AND ADOPTED by the City Council of the
regular meeting held on the 8th day of April 1991'.
MAYOR OF THE CITY OF CYPRESS
City
of Cypress at a
1
ATTEST
CITY CLERK' OF1E C TY'OF CYPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
n ri
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 Sth day of April 1991 by the following
roll call vote
AYES 4 COUNCIL MEMBERS Kerry, Nicholson, Partin and Bowman
NOES 0 COUNCIL MEMBERS None
ABSENT 0 COUNCIL MEMBERS None
ABSTAINED: 1 COONCIL LIMBERS Age ,>
CI Y CL!RK O THE TY OF CYPRESS
2
EXHIBIT 'A'
CONDITIONAL USE PERMIT NO. 90-17
CONDITIONS OF APPROVAL
1 The developer shall conform to all applicable provisions of
the City Code.
2. Drainage shall be solved to the satisfaction of the City
Engineer A grading plan, in ink on Mylar signed by a
registered California civil engineer and using actual grades
from an Orange County Surveyor s Benchmark, shall be
submitted for approval In parking areas, AC shall have a
minimum slope gradient of one and one-half percent (1 5%) or
as approved by the City Engineer and concrete shall have a
minimum slope gradient of two-tenths percent ( 2%)
3. Wheelchair and handicapped access facilities shall be
installed onsite and offsite in accordance with State of
California and City of Cypress Public Works and Building
Department standards.
4 All existing public improvements at the development site
which are damaged due to construction, cracked, or otherwise
below standard, shall be removed and replaced to the
satisfaction of the City Engineer
5 Cerritos Avenue shall be fully improved with westerly
driveway closure, and repair of existing damaged curb,
gutter sidewalk, and driveway to the satisfaction of the
City Engineer etc. in accordance with the City standards.
6 The east side of Valley View Street shall be fully improved
with an additional one hundred foot (100 ) long (with sixty
foot (60 ) long transition) by ten foot (10 ) wide right
turn only lane, etc in accordance with City standards.
The existing curb, on the east side of Valley View Street,
shall be relocated eight feet (8 ) to the east. The curb
return at the corner of Valley View Street and Cerritos
Avenue shall have a radius of thirty-five feet (35 ) A
traffic signal relocation plan at said corner shall be
submitted for approval by the City Engineer The corner
cutoff shall be dedicated to the City of Cypress for roadway
purposes
Exhibit A"
Condtional Use Permit No. 90-17
Conditions of Approval
Page„,2 t
U
7 On Valley View Street, structural section shall be based on
the recommendation and soils report prepared by an
engineering firm acceptable to the City Engineer with street
structural section to be determined by using an applicable
T I. (Traffic Index) The minimum flowline grade In streets
shall be two-tenths percent (0.20%) and the minimum A.C.
crossfall shall be two percent (2%)
8. All utility services shall be underground. Trenching and
backfill in streets shall be per City of Cypress Standard
No. 110. Arterials shall be crossed by boring only In
City streets, lateral open cuts spaced within twenty feet
(20') of each other shall be covered with a one inch (1 )
continuous A.C. cap.
9 Street trees (15 gallon) forty feet (40 ) on center shall be
installed in back of public sidewalk in conformance to the
street tree policy of the Public Works Department and shall
be incorporated with the onsite landscape plan. The type of
trees shall be as required by the City s street tree
ordinance
10 A sewer plan shall be submitted for approval by the City
Engineer Unused sewer laterals connecting existing build-
ings at this property shall be plugged at the property line
11 The developer shall comply with all requirements of the FAA
should any portion of the development encroach within the
100 to 1 imaginary surface surrounding the Los Alamitos Air
Base. Encroachment within the 50 to 1 approach surface will
require approval by the FAA.
12 FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS.
- Engineering Plan Checking and Inspection Fee (Per
Resolution 2964)
- Drainage Fee for Master Drainage Plan (Per Resolution
2287)
- Sanitary Sewer Connection Fee (Per Orange County
Sanitation District No. 3, Resolution 303)
- Grading Plan Check and Permit (Per Resolution 2964 and
3662)
- All applicable Building Department Fees.
13. Applicant/developer shall comply with applicable provisions
of the 1988 Uniform Building, Plumbing and Mechanical Codes
1987 National Electrical Code California Administrative
Code Title 24, and the Cypress City Code
Edhdeio A"
C final Use Permit No. 90-17
Conditions of Approval
Page 3
14 Applicant/developer shall comply with all disclosure
requirements of the Orange County Fire Department for
hazardous materials use and/or storage and the South Coast
Air Quality Management District for exhaustion of air
contaminants.
15 The development shall meet Uniform Fire Code, Article 79
requirements and shall attain a Fire Department Permit for
dispensing and storage of combustible/flammable liquids.
16 A fire hydrant shall be provided to provide the required
fire flow. The fire hydrant shall be located within one
hundred fifty feet (150 ) of all combustible construction.
17 A landscape and irrigation plan shall be submitted for
approval by the City and a bond posted by the applicant to
guarantee against any defects in plant materials and
workmanship. A soils report for all planting areas, by a
qualified agricultural laboratory shall be submitted to the
Public Works Department for approval at least thirty (30)
days prior to planting date Test results shall include
concentration of nitrogen, phosphorus, potassium, pH,
salinity sodium status, and boron saturation extract.
18. All requirements of the Orange County Fire Marshal s Office
shall be complied with prior to a Certificate of Occupancy
being issued.
19 Utilities shall not be released until all conditions of
approval have been met to the satisfaction of the Planning
Department.
20 The applicant shall satisfy all necessary requirements of
the State Department of Alcoholic Beverage Control prior to
Conditional Use Permit No. 90-17 becoming effective.
21 Any expansion or modification of the approved use beyond
what is approved as part of Conditional Use Permit No. 90-17
will require an amendment to the conditional use permit
22 This conditional use permit may be modified or revoked by
the City Council should the Council determine that the
proposed use or conditions under which it is being operated
or maintained is detrimental to the public health, safety
or welfare, or materially injurious to properties or
improvements in the vicinity
23 Architectural elevations and site plans shall be reviewed
and approved by the Planning Department prior to the
issuance of building permits
Exhibit "A"
Condtional Use Permit No. 90-17
Conditions of Approval
Page 47 4,
cv
24. All architectural treatments shall be constructed as
illustrated on plans and renderings submitted. The final
exterior color scheme shall be submitted to City staff for
review and approval prior to actually painting the
structure.
25 Onsite security lighting shall be arranged so that direct
rays will not shine on adjacent properties or produce glare
for street traffic.
26 All roof mounted equipment, such as heating and air
conditioning units, shall be adequately screened from public
view subject to the approval of City staff Commercial or
industrial developments which adjoin residentially zoned
areas shall construct noise bafflers and/or deflectors on
all mechanical equipment mounted outdoors, to the
satisfaction of City staff
27 The developer shall provide an adequate number of trash
enclosures onsite and at a location acceptable to City
staff
28. Parking for the handicapped shall be provided in accordance
with State requirements.
29 A detailed landscape and automatic irrigation plan shall be
submitted to the Planning Department for review and approval
at least sixty (60) days prior to issuance of a Certificate
of Occupancy In addition, a bond shall be posted with the
Public Works Department to guarantee against defects in
plant materials and workmanship.
30 Unless otherwise specified, all required trees shall be a
minimum 15 -gallon in size and of a variety approved by the
Planning Director
31 All landscaped areas adjacent to a street right-of-way shall
contain a 3 to 1 berm.
32 Landscape irrigation pipes and sprinkler heads shall be
maintained in good working order so as to cover all
landscaped areas
33. A comprehensive sign program for both building and
freestanding monument signs shall be submitted for Planning
Department approval prior to any signing installation. The
developer shall not erect or display on the subject property
any signs which have not been approved in writing by the
Planning Department.
34. No pole signs shall be permitted. However instead of a
pole sign, a monument sign may be permitted.
Exhibit "A"
Condtional Use Permit No. 90-17
Cgn$%tions of Approval
Page 5
35 All product and material storage shall occur within the
building. Exterior storage is specifically prohibited.
36 Outside public address speakers, telephone bells, buzzers
and similar devices which are audible on adjoining
properties are hereby prohibited.
37 All walls, fences, and trash enclosures shall be maintained
free of significant surface cracks, dry rot, warping,
missing panels or blocks which threaten the structure's
structural integrity or appearance.
38. Parking lot surfaces and pedestrian walkways shall be
maintained in a safe condition such that any concrete,
asphalt, or other driving or walking surfaces are free of
potholes, buckled or cracked surfaces, or raised areas.
39 The property shall be maintained free of the accumulation of
trash and debris. Trash and debris associated with the
permitted uses are to be stored solely in designated trash
enclosures.
40 Exterior building elevations shall be maintained in a safe
appearance such that the buildings are free of broken,
missing, or significantly cracked surface finished
materials.
41. The City Council shall maintain the right to review the
hours of operation and may subject to a public hearing,
limit the business hours should substantiated complaints be
received that the business hours are creating an adverse
impact upon neighboring properties.
42. Adult supervision (over 21 years of age) shall be maintained
on the business premises at all times.
43. Hours of operation for the car wash shall be limited to 7 00
a.m. to 10.00 p. m.
44 Gasoline truck deliveries shall be permitted twenty-four
(24) hours to allow for off-peak delivery hours.
45 No sale of beer and wine shall be permitted between 12 00
midnight and 6 00 a.m. The cooler containing alcoholic
beverages shall be locked during hours when the sale of beer
and wine is not permitted.
46 No advertising of beer and wine shall be permitted at the
gas pump islands or in the general sales building windows.
Exhibit "A"
Condtional Use Permit No. 90-17
Conditions of Approval
Page 6
wui
47 A revised parking plan shall be submitted for review and
approval by the Planning Department prior to the issuance of
building permits.
48. The applicant/developer shall fully construct the right -turn
only lane on Valley View Street at Cerritos Avenue adjacent
to the west project boundary
49 The northern most project access driveway on Valley View
Street shall be eliminated.
50. The self -serve air and water hose station shall be relocated
as shown on Exhibit "P" of the traffic report.
51 Within forty-eight (48) hours of the approval of the
project, the applicant/developer shall deliver to the
Planning Department a check payable to the County Clerk in
the amount of One -Thousand -Two -Hundred -Seventy -Five Dollars
($1 275 00) which includes the One -Thousand -Two -Hundred -
Fifty Dollars ($1,250.00) fee required by Fish and Game Code
Section 711 4(d)(2) plus the Twenty -Five Dollar ($25.00)
County administrative fee, to enable the City to file the
Notice of Determination required under Public Resources Code
Section 21152 and 14 Cal Code of Regulations 15075 If
within such forty-eight (48) hour period the
applicant/developer has not delivered to the Planning
Department the check required above, the approval for the
project granted herein shall be void.
52 Deliveries shall be during off-peak hours only Peak hours
are from 6 a.m. to 9 a.m. and from 3 p.m. to 6 p.m.
Effective 3/25/91