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Resolution No. 6886 245 RESOLUTION NO. 6886 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING CONDITIONAL USE PERMIT NO. 2022- 01, A REQUEST TO PERMIT A NEW SELF-SERVICE CAR WASH LOCATED AT 5890 LINCOLN AVENUE WITHIN THE PC - PLANNED COMMUNITY ZONE WHEREAS, the City Council of the City of Cypress has considered an application for a conditional use permit in accordance with the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress to allow the construction and replacement of an existing full- service car wash with a new self-service car wash facility located at 5890 Lincoln Avenue, within the PC - Planned Community Zone. WHEREAS, the subject site is zoned PC - Planned Community Zone and designated "Specific Plan" in the City's General Plan, and Section 4.4, Table 1, of the applicable Lincoln Avenue Specific Plan allows car washes with a conditional use permit in the CM—Commercial Mixed Use District of the Specific Plan, where the subject property is located. WHEREAS, the City Council, after proper notice thereof, on June 13, 2022, held a duly noticed public hearing on the application and took public testimony. WHEREAS, the proposed project is categorically exempt pursuant to California Environmental Quality Act (CEQA) Guidelines, Section 15302 — Replacement Construction. Section 15302(b) involves the replacement/reconstruction of a building with a new structure of substantially the same size, purpose and capacity. The proposed project consists of the replacement of an existing 4,500 square-foot, full-service car wash building with a new 3,200 square-foot, self-service carwash building. Therefore, the City Council has determined that there is no substantial evidence that the project may have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, DOES HEREBY RESOLVE, based upon substantial evidence taken from the administrative record and at the public hearing, AS FOLLOWS: SECTION 1. Findings. Pursuant to the Section 4.19.070E of the Cypress Zoning Ordinance, the City Council finds, after due study and deliberation that the following circumstances exist: 1. The proposed location of the conditional use is consistent with the requirements of the general plan and the zoning district in which the site is located: The site is zoned PC - Planned Community (Lincoln Avenue Specific Plan area), which is consistent with the Specific Plan designation in the General Plan. The site is more specifically located within the CM District of the Lincoln Avenue Specific Plan, which allows a car wash use, subject to a conditional use permit. 2. The 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: The self-service car wash use is compatible with the surrounding commercial retail and service uses and will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. There are no residential uses located in the project vicinity. The site plan complies with the Zoning Ordinance and LASP standards for access driveways and parking areas. With the recommended conditions of approval, the project complies with the Municipal Code, the Building Code, Orange County Fire Authority requirements and Police Department recommendations. A car wash has operated at this location for 20 years with no public safety issues or complaints. 246 3. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance: The PC - Planned Community Zone refers to the permitted uses and development standards contained in the applicable Specific Plan. The self-service car wash is a conditionally permitted use within the CM District of the Lincoln Avenue Specific Plan. The project meets all applicable development standards and design guidelines in the Lincoln Avenue Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve Conditional Use Permit No. 2022-01, subject to the conditions attached hereto as Exhibit "A". Any challenge to this Resolution, and the findings set forth therein, must be filed within the 90-day statute of limitations set forth in Code of Civil Procedure 1094.6. PASSED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 13th day of June, 2022. MA ,qal-dit l ' LE6.0/1 OR OF THE CITY OF CYPRESS ATTEST: 7fCkAjai CITY C ERK OF THE ITY OF CYPRESS STATE OF CALIFORNIA ) ,:., COUNTY OF ORANGE ) ss I, ALISHA FARNELL, 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 June, 2022, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Marquez, Minikus, Peat, Hertz-Mallari and Morales NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None em V>VA iZA.CITY CLERK OF THE CITY OF CY ES S 247 EXHIBIT "A" CONDITIONAL USE PERMIT NO.2022-01 (Self-Service Car Wash) 5890 Lincoln Avenue CONDITIONS OF APPROVAL 1. General Conditions 1.1. Prior to the issuance of building permits,the project applicant and property owner shall sign and return a City-provided affidavit accepting these conditions of approval. (Planning) 1.2. This permit is granted for the plans dated 5/20/22. The project shall conform to the plans, except as otherwise specified in these conditions,or unless a minor modification to the plans is approved by the Planning Director. (Planning) 1.3. The Conditional Use Permit (CUP) approval shall be valid for a 24 month period from the effective date of the approval. The approval shall lapse and become void after that 24 month period unless either: (Planning) a. A building permit has been issued and construction commenced and diligently pursued toward completion on the site for which the CUP approval was granted; or b. Before the date on which permit approval will elapse, the grantee or the city files an application to renew the CUP approval in compliance with the Cypress Zoning Ordinance, Article 4, Subsection 4.19.070.H.3 (Time Limit). 1.4. The applicant 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 applicant of any claim, action, or proceeding brought within this time period. (City Attorney) 1.5. The applicant'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 attorneys 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 30 day cancellation notice to the City of Cypress. (City Attorney) 1.6. The applicant shall comply with all provisions of the Code of the City of Cypress. (Planning) 1.7. All requirements of the Orange County Fire Authority(OCFA) shall be complied with prior to a certificate of occupancy being issued. (Planning) 1.8. The applicant shall obtain a Cypress business license prior to commencement of the business operation. (Finance) 1.9. All applicable conditions of the project shall be complied with prior to occupancy of the car wash building. (Planning) 1.10. Any and all correction notice(s) generated through the plan check and/or inspection process is/are hereby incorporated by reference as conditions of approval and shall be 248 fully complied with by the owner, applicant and all agents thereof. (Planning) 2. Planning 2.1. Any expansion or modification of the approved use beyond what is approved as part of this Conditional Use Permit will require an amendment to the conditional use permit. (Planning) 2.2. 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. (Planning) 3. Architectural 3.1. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. (Planning) 3.2. 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. (Planning) 3.3. 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. (Planning) 3.4. The transformer boxes and water valves shall be placed in locations acceptable to the Director of Community Development and shall be adequately screened from view with plant materials. (Planning) 3.5. During construction, the developer shall provide an adequate number of trash bins at a location acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be contracted through the City's disposal services contractor. (Planning) 4. Signage 4.1. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Planning Division approval prior to the installation of any signs. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Planning Division. (Planning) 4.2. Changeable copy or lettering on the freestanding sign face is prohibited. (Planning) 4.3. The installation and method of sign illumination shall be reviewed and approved by the Planning Division and the Building and Safety Division. The business owner shall take the appropriate measures to ensure that the illumination of the sign shall not create glare for vehicular traffic, subject to approval by the Planning Director. All electrical conduits,timer devices, and other electrical equipment shall be buried underground or concealed within the sign. (Planning) 4.4. The masonry materials on the base of the proposed freestanding sign shall match the materials used on the garden wall located in the front landscape planter. The freestanding sign cabinet shall be painted to match the wall or trim color of the building. (Planning) 5. Landscaping 5.1. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress Planning Division for review and approval at least 60 days prior to issuance of a certificate of occupancy. In addition, a bond shall be posted with Public Works to guarantee against defects in plant materials and workmanship for a period of one year from acceptance of the landscape installation. All required landscaping shall be permanently maintained in a neat and orderly condition. (Planning) 249 5.2. All qualifying landscape projects in the City shall comply with the City's water efficiency ordinance as well as the water efficient requirements of the Cypress Zoning Code and the City's Drought Response Management Plan. All irrigation shall be provided by a drip or microspray system. (Planning) 5.3. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a variety approved by the Director of Community Development. (Planning) 5.4. A redwood landscape retainer, a minimum of two inches by six inches in size, shall be installed along all property lines where necessary to retain the landscape planters until adjoining properties are developed. (Planning) 5.5. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. (Planning) 6. Operational 6.1. The use of mechanical devices associated with the cleaning and maintenance of real property shall be conducted in accordance with the Cypress Zoning Code. (Planning) 6.2. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. (Planning) 6.3. The City Council shall maintain the right to review the business hours of operation and may, subject to a public hearing, limit the hours should substantiated complaints be received that the business hours are creating an adverse impact upon neighboring properties. (Planning) 6.4. No outdoor overnight parking shall be permitted under any circumstances. (Planning) 6.5. The parking lot shall be used solely for vehicular parking, unless otherwise approved in writing by the Director of Community Development. (Planning) 6.6. The car wash hours of operation shall be limited to 7:00 A.M. to 7:00 p.m., seven days a week. 6.7. Subject to the review and approval of the Planning Director,the vacuum systems shall have sound muffling devices and shall create a tight seal when not in use. 6.8. Subject to the review and approval of the Planning Director,a silencer package shall be used on the car wash to reduce noise generation. 7. Property Maintenance 7.1. 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 graffiti which threatens the appearance. (Planning) 7.2. 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. (Planning) 7.3. The property shall be maintained free of the accumulation of trash and debris. Trash and debris associated with the permitted uses shall be stored solely in designated trash receptacles and trash enclosures. (Planning) 7.4. Exterior building elevations shall be maintained such that the buildings are free of broken, missing or significantly cracked surface finished materials. (Planning) 7.5. The property owner shall maintain the site, the publically accessible interior, and the publically viewable exterior of the building(s) clear of all graffiti, including but not limited to bathrooms and dining areas if applicable. All graffiti shall be removed within 24 to 48 hours once notified in writing by the City. (Planning) 250 8. Fees 8.1. The applicant shall pay the following fees per Resolution No. 6182, as noted below. (Engineering) - Building Plan Check(Prior to submittal of Plans) - Building Permit and Inspection(Prior to Permit issuance) - Public Improvement Plan Check(Prior to submittal of Plans) - Public Improvement Permit and Inspection(Prior to Permit issuance) 8.2. Within 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 $50.00 County administrative fee, to enable the City to file the Notice of Exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines. (Planning) 9. Engineering—N/A 10. Landscaping within the Public Right-of-Way—N/A 11. Sewer and Wastewater—N/A 12. Street Trees—N/A 13. Street Lighting—N/A 14. Streets 14.1. Pursuant to Public Works Director review,prior to issuance of a certificate of occupancy,the applicant shall replace any deficient sidewalk or driveway approaches or cause to fix any other frontage improvement located in the public right-of-way that do not meet the requirements of the Americans with Disabilities Act(ADA)and State of California Title 24. The applicant shall submit a plan for any improvement, in consultation with or as required by the City Engineer, and obtain a Public Works permit prior to any work within the public right-of-way. The applicant shall grant an easement to the City for pedestrian purposes for any improvement such as driveway approaches for compliance with ADA requirements. (Engineering) (ADA access within the public right-of-way) 14.2. Prior to issuance of a certificate of occupancy, the applicant shall remove and replace any existing public improvements at the development site which have existing damage, are damaged due to construction,or otherwise below current standards,to the satisfaction of the City Engineer. (Engineering) (Damage to Public Improvements) 15. Subdivisions—N/A 16. Traffic—N/A 17. Utilities 17.1.Prior to issuance of a certificate of occupancy, the applicant shall install all new and existing utility services underground. (Engineering) (Undergrounding Utilities) 17.2.Attention is directed that trenching and backfill in streets shall be per City of Cypress Standard Plan No. 109. Arterials shall be crossed by boring only. In public streets,lateral open cuts spaced within 20 feet of each other shall be covered with a one inch continuous asphalt concrete cap. (Engineering) (Trench Requirements) 18. Drainage—N/A 19. Storm Water Quality—National Pollutant Discharge Elimination System 251 19.1.The applicant shall comply with all requirements and conditions in the approved Preliminary Water Quality Management Plan (WQMP) as approved by Public Works. Prior to the issuance of grading or building permits, the applicant shall submit a Final WQMP, consistent with the Preliminary WQMP, for review and approval by Public Works. The plan shall be in accordance with the requirements of the Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Permit Order No. R8- 2009-0030 as amended by Order No.R8-2010-0062. For any changes to the site plan contained in the approved Preliminary WQMP, the applicant must first obtain site plan approval from Planning, then resubmit the WQMP to Public Works for review. 20. Building and Safety-NA 21. Security 21.1.The property address shall be clearly identified on both sides of the freestanding sign base. A minimum of six inch lettering shall be used for the property address. The property address shall also be posted in a visible location on the building. (Police Department.) 21.2.Lighting for commercial buildings shall be as follows: (Police Department) 21.3.The address number of every commercial building shall be illuminated during the hours of darkness so that it shall be easily visible from the street. (Police Department) 21.4.All exterior commercial doors, during the hours of darkness, shall be illuminated with a minimum of one footcandle of light. All exterior bulbs shall be protected by weather and vandalism resistant cover(s). (Police Department) 21.5. Open parking lots, and access thereto,providing more than ten parking spaces and for use by the general public, shall be provided with a maintained minimum of one footcandle of light on the parking surface from dusk until the termination of business every operating day. (Police Department) 21.6.The landscaping and lighting plans for the project shall also be subject to review by the Cypress Police Department. (Police Department) 22. Antennas—N/A 23. Alcohol—On Sale—N/A 24. Alcohol—Off Sale—N/A 25. Fire—N/A 26. Solid Waste 26.1. The applicant shall subscribe to solid waste services from the City's disposal services contractor with no less than one time per week service for trash, recycling, and organics recycling and require employees implement source separated recycling practices. Sufficient trash, recycling, and organics recycling receptacles shall be placed outside to collect solid waste generated by its operation/patrons.No less than one receptacle per solid waste category shall be provided. These shall be properly maintained and not allowed to overflow. (Engineering, Water Quality) (Trash Receptacles) 26.2. The applicant shall construct new or modify its existing trash enclosure structure to house all required solid waste containers and possess a solid covered roof that prohibits storm water to enter and then discharge from the enclosure. The applicant shall obtain all required permits from the Building Department for construction and also obtain final inspection to ensure it meets the above mentioned criteria prior to the issuance of a final certificate of occupancy. (Engineering, Water Quality) (Trash Enclosures) Effective: 6-13-2022 252 SECTIONS 1. General 2. Planning 3. Architectural 4. Signage 5. Landscaping 6. Operational 7. Property Maintenance 8. Fees 9. Engineering 10. Landscaping in the Public Right-of-Way 11. Sewer and Wastewater 12. Street Trees 13. Street Lighting 14. Streets 15. Subdivisions 16. Traffic 17. Utilities 18. Drainage 19. Storm Water Quality 20. Building& Safety 21. Security 22. Antennas 23. Alcohol—On Sale 24. Alcohol—Off Sale 25. Fire 26. Solid Waste