Resolution No. 6003340
RESOLUTION NO. 6003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2007-02 - 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 4.19.070 of the Zoning Ordinance of the City of Cypress to allow the
operation of a full - service car wash and mini- market, located at 6000 Cerritos Avenue within 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 CG Commercial General Zone in which the
site is located, which is:
Intended as an area to serve the daily shopping needs of the community
including larger community- scaled shopping centers, and regional malls,
which may be anchored by several department stores or other large -scale
retail outlets, entertainment uses, hotels, and restaurants.
b. The proposed location of the conditional use and the conditions under which
it would be operated or maintained would 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 establishment of a full - service car wash and mini- market use
would be an appropriate use for the subject property and would be consistent with
the land use provisions of the Cypress Zoning Ordinance and the Cypress General
Plan.
(2) Conditions of approval have been imposed to ensure compliance
with the Cypress City Code and other applicable regulations.
(3) The proposed full- service car wash and mini - market use would be
compatible with surrounding commercial uses.
(4) The proposed development has been designed to minimize noise
impacts to the adjacent commercial uses.
(5) Adequate parking and vehicle circulation driveways would be
provided onsite for the proposed car wash and mini- market use.
(6) The proposed project would not significantly increase the traffic
along the streets surrounding the proposed project site.
(7) Mitigation measures for potential project related impacts were
identified in the Environmental Checklist/Initial Study for the proposed project and
have been incorporated into the conditions of approval for Conditional Use Permit
No. 2007 -02.
c. The proposed development and conditional use would comply with each of
the applicable development standards and design guidelines contained in the Cypress
Zoning Ordinance, respectively.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2007 -02, 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 26th day of February, 2007.
ATTEST:
rktz,OL- I Cc,01 c.cy\
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYOR OF THE CITY OF CYPRESS
I, DENISE BASHAM, Interim 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 26th day of February, 2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
5 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
0 COUNCIL MEMBERS:
Bailey, Mills, Narain, Seymore and Luebben
None
None
CITY CLERK OF THE CITY OF CYPRESS
341
342
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2007-02
6000 Cerritos Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
* Asterisks Denote Mitigation Measures
GENERAL CONDITIONS
1. Unless and until the project applicant and property owner sign and return a City - provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void.
2. 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 semc . - 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.
3. 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.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
6. The business occupying the subject buildings shall obtain a Cypress business license prior to
occupancy of the subject buildings.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 2
7. All applicable conditions of Conditional Use Permit No. 2007 -02 shall be complied with
prior to occupancy of the subject building.
8. All business activity shall occur within the buildings, with the exception of vacuuming and
drying activities within designated areas as illustrated on the approved car wash site plan.
Temporary use permits may be grated for other outdoor activity in accordance with Section
4.19.040 of the Cypress Zoning Ordinance.
9. Within forty -eight (48) hours of the approval of the project, the applicantldeveloper shall
deliver to the Community Development Department a check payable to the County Clerk -
Recorder in the amount of $1,800.00 County administrative fee, to enable the City to file the
Notice of Determination 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
applicantldeveloper has not delivered to the Community Development Department the
check required above, the approval for the project granted herein shall be void.
ENGINEERING CONDITIONS
10. Construct all exiting driveway approaches per City Standards.
11. Wheelchair ramps must be modified to comply with the latest ADA Standard.
* 12. 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. A
topography of the area surrounding this development shall be made to establish
existing drainage flow patterns. If the existing natural flow of any adjoining parcel is
across the land of this development, a drainage easement shall be granted and
drainage facilities provided for that property to the satisfaction of the City Engineer.
All onsite drainage conveyed to the street shall be by means of an under - sidewalk
drain. Onsite landscape areas shall have a slope gradient of one percent (1 %)
minimum in landscape areas. 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 %).
(Mitigating Measure No. HWQ4)
13. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed per California Vehicle Code
#22658, to the satisfaction of the Building Official and County Fire Marshal. The developer
of this project shall provide adequate speed control within the development to the
satisfaction of the City Engineer. Onsite traffic circulation shall be subject to the approval
of the City Engineer.
• Community Development Department • Planning Division •
344
Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 3
14. Disabled access facilities shall be installed in accordance with the requirements of the
Federal Americans with Disabilities Act (ADA) and State of California Title 24.
15. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Comcast (Phone: [888] 255 -5789) or Time Warner
AOL (Phone: [714] 903 -4000) for specifications and procedures for pre -wire of the building
and installation of the service wiring. Necessary permits shall be obtained at the.
16. 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.
17. Valley View Street and Cerritos Avenue shall be fully improved with curb, gutter, sidewalk,
drive closure, drive approach, paving, etc., in accordance with the City's Code requirement
of Streets. Drive approaches on Valley View Street and Cerritos Avenue shall be removed
and reconstructed per the City of Cypress Standard details.
18. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer. An effective sight distance for vehicular traffic shall be maintained at the
intersection of the driveway entrances with Valley View Street and Cerritos Avenue. No
landscaping in excess of three feet (3') high will be allowed in the area of the curb returns.
Adequate sight distance also shall be maintained within the development at all driveway
intersections to the satisfaction of the City Engineer.
19. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 109. 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.
20. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connected to existing buildings at the property shall be plugged at the property line.
21. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Public Works Plan Check & Inspection (Per Resolution 5069).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• City -wide Traffic Improvement (Per Resolution 4348 and current fee Resolution).
• Regional Traffic Improvement (Per Resolution No. 4400).
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09).
• Grading Plan Check and Permit (Per Resolution 5069).
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 4
22. All Public Improvements shall be per City of Cypress Standard Plans. All Grading plans,
Street improvement plans, Sewer and Storm Drain plans shall be in ink on 24" x 36"
Mylar with City title block on all sheets.
23. A canopy /cover shall be constructed over the trash enclosure to prevent stormwater
runoff from entering the enclosure. In addition, a drainage system connected to the
sanitary sewer system shall be installed in the enclosure to collect any drainage that may
result from the disposal of trash thereby reducing the potential of residue flowing outside
the enclosure.
24. Car wash equipment area shall be enclosed and protected from the elements. If any
chemicals are stored within the enclosure, then the enclosure shall be designed to contain
any chemical spills that may occur. Facility shall also have a spill response contingency
plan in place that addresses spill incidents.
25. All on site drainage shall flow into a drainage system with filtering system to remove any
pollutants produced at the facility. This system should be designed to remove pollutants
containing detergents, polish/wax, and petroleum by products.
26. Detail and Drying areas shall have rolled berms to contain all water runoff from vehicles,
as well as, other car care products used as part of the auto detail service. The bermed
areas shall have drain inlets with appropriate filtering system.
27. Facility should be designed to utilize reclaimed water as part of its washing operation.
28. The above noted conditions do not exempt this project from any other structural
improvements that are required by the NPDES Drainage Area Management Plan for
Orange County.
STORMWATER QUALITY
29. A Water Quality Management Plan (WQMP) shall be submitted which identifies
appropriate construction and post construction as well as structural and non-
structural Best Management Practices (BMP's) to City of Cypress for review and
approval. Project shall also incorporate measures as specified in the County of
Orange Drainage Area Management Plan (DAMP) and the Model Water Quality
Management Plan (WQMP) to help control runoff. Examples of BMP's and control
measures are included in the California Storm Water Best Management Practices
Handbook, Industrial/Commercial and Construction Activity, and the County of
Orange Drainage Area Management Plan and subsequent revisions, and the City's
Local Implementation Plan. (Mitigating Measure No. HWQ5)
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Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 5
30. Pursuant to the City's Water Quality Ordinance, if the City planning agency determines
that the project will have a "de minimis impact" on the quality of stormwater runoff, then
it may deem the project exempt from the Development Planning Program and issue a
written waiver of the requirements for preparation and approval of a Water Quality
Management Plan (WQMP). The applicant shall still submit the "Owner's Certification
of Compliance with Minimum Requirements" and comply with the applicable
construction requirements listed in Condition No. 33.i (i -x) herein.
31. For those applications involving New Development:
a. The applicant shall submit a project specific Water Quality Management Plans
(Project WQMPs) in accordance with the Section A -7.6 and Exhibit A -7.IV of the
Council adopted Local Implementation Plan if the application meets any of the following
criteria:
(1) The development qualifies as one of the priority project categories listed
as follows: residential development of 10 units or more; commercial and industrial
development greater than 100,000 square feet including parking areas; automotive repair
shop (SIC codes 5013, 5014, 5541, 7532 -7534, and 7536- 7539);
(2) The development is a restaurant where the land area of development is
5,000 square feet or more including parking areas (SIC code 5812);
(3) The development involves an impervious surface of 2,500 square feet or
more located within, directly adjacent to (within 200 feet), or discharging directly to
receiving water within Environmentally Sensitive Areas; or
(4) The development involves a parking lot area of 5,000 square feet or more,
or with 15 or more parking spaces, and potentially exposed to urban runoff or the
development does not qualify as one of the Priority Project Categories but requires
discretionary action that will include a precise plan of development (unless the
Development Services Director deems the project as exempt from this requirement) or
requires issuance of a non - residential plumbing permit predominantly for changes to fuel
dispensers.
The applicant shall include in its WMQP identification of the relevant best management
practices in the project design if such project meets one of the categories for priority
project designation noted above
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 6
32. For those applications involving Significant Redevelopment, where the "Significant
Redevelopment" consists of development that would create or add at least 5,000 square
feet of impervious surfaces on an already developed site and includes, but is not limited
to: the expansion of a building footprint; addition to or replacement of a structure;
replacement of an impervious surface that is not part of a routine maintenance activity; or
where the "Significant Redevelopment" consist of land disturbing activities related with
structural or impervious surfaces but does not include trenching and resurfacing
associated with utility work; resurfacing and reconfiguring surface parking lots; or where
the "Significant Redevelopment" consist of new sidewalk construction, pedestrian ramps,
or bike lane on public and private existing roads; and replacement of damaged pavement.
Replacement of impervious surfaces includes any activity that is not part of a routine
maintenance activity where impervious material(s) are removed, exposing underlying soil
during construction.
a. The applicant shall submit project specific Water Quality Management Plans
(Project WQMPs) in accordance with the Section A -7.6 and Exhibit A -7.IV of the
Council adopted Local Implementation Plan the application meets any of the
following criteria:
(1) The development qualifies as one of the priority project categories listed
as follows: residential development of 10 units or more; commercial and
industrial development greater than 100,000 square feet including parking areas;
automotive repair shop (SIC codes 5013, 5014, 5541, 7532 -7534, and 7536-
7539);
(2) Restaurant where the land area of development is 5,000 square feet or
more including parking areas (SIC code 5812); impervious surface of 2,500
square feet or more located within, directly adjacent to (within 200 feet), or
discharging directly to receiving water within Environmentally Sensitive Areas;
(3) Parking lot area of 5,000 square feet or more, or with 15 or more parking
spaces, and potentially exposed to urban runoff or the development does not
qualify as one of the Priority Project Categories but requires discretionary action
that will include a precise plan of development (unless the Development Services
Director deems the project as exempt from this requirement) or requires issuance
of a non - residential plumbing permit predominantly for changes to fuel
dispensers.
The applicant shall include in its WMQP identification of the relevant best management
practices in the project design if such project meets one of the categories for priority
project designations noted above, except where the "Significant Redevelopment" results
in an increase of less than fifty percent of the impervious surface of a previously existing
development, and the existing development was not subject to WQMP requirements, the
WMQP requirements apply only to the addition, and not to the entire development.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 7
33. For those applications involving any development that is required to submit a WQMP,
the applicant shall conform to the following requirements:
a. WQMP's for priority new or significant redevelopment must address site design
BMPs, routine structural and non - structural Source Control BMPs, Treatment
Control BMPs, including consideration of a regional or watershed approach, and the
mechanism(s) by which long -term operation and maintenance of all structural
BMPs will be provided while non - priority new or significant redevelopment must
address routine structural and non - structural Source Control BMPs, consideration of
Site Design BMPs, and the mechanism(s) by which long -term operation and
maintenance of all structural BMPs will be provided.
b. The applicant shall submit the WQMP prior at one or both points in the project
planning and permitting stage as determined by the Director of Development
Services:
i. During the discretionary approval process (land use permit) of a proposed
project, when the City would exercise judgment or deliberation in order to
approve or disapprove a new development or significant redevelopment
project, or
ii. During the ministerial approval process of issuing a grading, building,
demolition, or similar "construction" permits in which only fixed standards
or objective measures are applied.
c. For projects that require submittal of construction plans, the applicant for plan
check must incorporate all of the structural BMPs identified in an approved
Project WQMP and therefore, the applicant is required to obtain approval of the
final Project WQMP prior to submitting construction plans for plan check.
d. Prior to the issuance of any grading or building permits for projects that will result
in soil disturbance of one or more acres of land, the applicant shall demonstrate
that coverage has been obtained under California's General Permit for Stormwater
Discharges Associated with Construction Activity by providing a copy of the
Notice of Intent (NOI) submitted to the State Water Resources Control Board and
a copy of the subsequent notification of the issuance of a Waste Discharge
Identification (WDID) Number. Projects subject to this requirement shall prepare
and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the
current SWPPP shall be kept at the project site and be available for City review
on request.
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Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 8
e. Prior to the issuance of any building or grading permits or prior to recordation
upon subdivision of land if determined applicable by Director of Development
Services, the applicant shall submit to the City for review and approval a Water
Quality Management Plan that:
i. Addresses Site Design BMPs such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas,
creating reduced or "zero discharge" areas, and conserving natural areas
ii. Incorporates the applicable Routine Source Control BMPs as defined in the
DAMP
iii. Incorporates Treatment Control BMPs as defined in the DAMP
iv. Generally describes the long -term operation and maintenance requirements
for the Treatment Control BMPs,
v. Identifies the entity that will be responsible for long -term operation and
maintenance of the Treatment Control BMPS, and
vi. Describes the mechanism for funding the long -term operation and
maintenance of the Treatment Control BMPs.
f. Prior to building or grading permit close -out and/or the issuance of a certificate of
use or a certificate of occupancy, the applicant shall:
i. Demonstrate that all structural best management practices (BMPs) described
in the Project WQMP have been constructed and installed in conformance
with approved plans and specifications,
ii. Demonstrate that applicant is prepared to implement all non - structural
BMPs described in the Project WQMP,
iii. Demonstrate that an adequate number of copies of the approved Project
WQMP are available onsite,
iv. Demonstrate that a mechanism or agreement acceptable to the City has been
executed for the long -term funding and performance of BMP operation,
maintenance, repair, and/or replacement.
v. For industrial facilities subject to California's General Permit for
Stormwater Discharges Associated with Industrial Activity as defined by
Standard Industrial Classification (SIC) code, demonstrate that coverage has
been obtained by providing a copy of the Notice of Intent (NOI) submitted
to the State Water Resources Control Board and a copy of the notification of
the issuance of a Waste Discharge Identification (WDID) Number.
• Community Development Department • Planning Division •
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Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 9
g. Submit for review and approval by the City an Operations and Maintenance
(O &M) Plan for all structural BMPs. The plan must include the following:
i. Structural BMPs
ii. Employee responsibilities and training for BMP operation and maintenance
iii. Operating schedule
iv. Maintenance frequency and schedule
v. Specific maintenance activities
vi. Required permits from resource agencies, if any
vii. Forms to be used in documenting maintenance activities
viii. Notification to Orange County Vector Control District of the structural
BMPs in place
ix. Recordkeeping requirements (at least 5 years)
x. If a property owner or a private entity, such as a homeowners association
(HOA), retains or assumes responsibility for operation and maintenance of
structural BMPs, the applicant will require access for inspection through an
agreement. Such access easements shall be binding throughout the life of
the project, or until the BMPs requiring access are acceptably replaced with
a BMP not requiring access. Funding for the long -term operation and
maintenance of structural BMPs will be front - funded, or otherwise
guaranteed via mechanisms such as approved assessment districts, or other
funding mechanisms.
h. The applicant shall obtain a separate public works permit for any BMP that is
required within the public right of way. During the rainy season from October 1
to April 30, any BMP that is placed in front of a storm drain catch basin or inlet
shall be placed at the beginning of the workday and removed at the end of each
workday to reduce any potential for flooding. The applicant shall monitor if rain
is expected, to remove the BMP during the workday.
• Community Development Department • Planning Division •
351
Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 10
Prior to the issuance of a building or grading permit, the applicant shall include
the following as general or special notes on both the building and grading plan
sheets for new development or significant redevelopment projects and shall
adhere to the note requirements:
i. Sediment from areas disturbed by construction shall be retained on site
using structural controls to the maximum extent practicable.
ii. Stockpiles of soil shall be properly contained to minimize sediment
transport from the site to streets, drainage facilities or adjacent properties via
runoff, vehicle tracking, or wind.
iii. Appropriate BMPs for construction- related materials, wastes, spills or
residues shall be implemented to minimize transport from the site to streets,
drainage facilities, or adjoining properties by wind or runoff.
iv. Runoff from equipment and vehicle washing shall be contained at
construction sites unless treated to reduce or remove sediment and other
pollutants.
v. All construction contractor and subcontractor personnel are to be made
aware of the required best management practices and good housekeeping
measures for the project site and any associated construction staging areas.
vi. At the end of each day of construction activity all construction debris and
waste materials shall be collected and properly disposed in trash or recycle
bins.
vii. Construction sites shall be maintained in such a condition that an anticipated
storm does not carry wastes or pollutants off the site. Discharges of material
other than stormwater are allowed only when necessary for performance and
completion of construction practices and where they do not: cause or
contribute to a violation of any water quality standard; cause or threaten to
cause pollution, contamination or nuisance; or contain a hazardous
substance in a quantity reportable under Federal Regulations 40 CFR Parts
117 and 302.
viii. Potential pollutants include but are not limited to: solid or liquid chemical
spills; wastes from paints, stains, sealants, glues, lime, pesticides,
herbicides, wood preservatives and solvents, asbestos fibers, paint flakes or
stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or battery
fluids; concrete, detergent or floatable wastes; wastes from any
engine /equipment steam cleaning or chemical degreasing; and super
chlorinated potable water line flushings.
ix. During construction, disposal of such materials should occur in a specified
and controlled temporary area on -site physically separated from potential
stormwater runoff, with ultimate disposal in accordance with local, state and
federal requirements.
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352
Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 11
x. Dewatering of contaminated groundwater, or discharging contaminated soils
via surface erosion is prohibited. Dewatering of non - contaminated
groundwater requires a National Pollutant Discharge Elimination System
(NPDES) permit from the respective State Regional Water Quality Control
Board."
34. The applicant shall implement the following project specific conditions with regards to
water quality:
a. Prior to the issuance of any building permits, the applicant shall include in the plans
any urban runoff control measures deemed necessary by the Building Official for
those situation where the threshold of a WQMP may not be met but where the project
requires urban control runoff measures.
b. Prior to issuance of certificates of use and occupancy or building permits for
individual tenant improvements or construction permits for a tank or pipeline, uses
shall be identified and, for specified uses, the applicant shall propose plans and
measures for chemical management (including, but not limited to, storage, emergency
response, employee training, spill contingencies and disposal). The chemical
management measures shall be incorporated as an element of a Water Quality
Management Plan and shall be subject to the approval of the City Building Official
and other specified agencies such as the Fire Authority/Fire Department, the Orange
County Health Care Agency and sewering agencies to ensure implementation of each
agency's respective requirements. Certificates or permits may be ministerial withheld
if features needed to properly manage chemicals cannot be incorporated into a
previously completed building, center or complex.
COMMUNITY DEVELOPMENT CONDITIONS
35. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2007 -02 will require an amendment to the conditional use
permit.
36. 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.
37. Architectural elevations, site plans, and floor plans shall be reviewed and approved by the
Community Development Department prior to the issuance of building permits.
38. 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 structures.
• Community Development Department • Planning Division •
353
Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 12
* 39. Onsite security lighting shall be arranged so that direct rays will not shine on or
produce glare for the adjacent street traffic or adjacent businesses. (Mitigation
Measure No. AES1.).
40. 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.
41. The transformer boxes and water valves shall be placed in locations acceptable to the
Community Development Director and shall be adequately screened from view with plant
materials.
42. The developer shall provide an adequate number of trash enclosures onsite and at a location
acceptable to City staff. Construction bins must be maintained onsite. Bin rental shall be
contracted through Briggeman (Consolidated) Disposal.
43. A detailed landscape and automatic irrigation plan shall be submitted to the Community
Development 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 for a period of
one -year after installation.
44. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
45. A comprehensive sign program for both building and freestanding monument signs shall be
submitted for Community Development 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 Community Development Department.
46. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
47. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
48. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
49. 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.
• Community Development Department • Planning Division •
354
Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 13
50. 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.
51. 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.
52. 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.
* 53. Grading and exterior building construction activities shall be limited to the hours of
between 7:00 a.m. and 8:00 p.m. Monday through Friday, between 9:00 a.m. and
8:00 p.m. on Saturday. Interior building construction and tenant improvements
shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through
Saturday. No construction activity shall be allowed on Sundays or federal holidays.
In addition, construction equipment shall be equipped with effective muffling
devices. Compliance with this measure is subject to field inspection by City staff.
(Mitigating Measure No. N1.).
* 54. The vacuum motor /accumulator for the car wash use shall be placed inside an
approved enclosed mechanical equipment room. (Mitigation Measure No. N2.).
* 55. A silencer package shall be used on the dryer for the car wash use to reduce noise
generation. (Mitigation Measure No. N3.).
* 56. Customer notification of completion of the drying process shall be solely by hand
signals, waving a towel, or other silent means. Honking of horns, whistling, or
yelling shall be prohibited. (Mitigation Measure No. N4.).
57. The City Council shall maintain the right to review the hours of operation for the car
wash and automotive repair uses 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.
58. All mechanical equipment associated with the car wash use shall be located within a fully
enclosed room/building.
59. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to issuance of Certificate of Occupancy.
60. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
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Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 14
* 61. Any hazardous waste that is generated onsite shall be transported to an appropriate
disposal facility by a licensed hauler in accordance with the appropriate State and
Federal Laws. (Mitigation Measure No. HM1.).
* 62. The applicant shall comply with all applicable requirements of the Orange County
Fire Authority related to the storage and handling of hazardous materials.
(Mitigation Measure No. HM2.).
* 63. Transportation of hazardous materials to the car wash site shall comply with all
applicable regulations of the Department of Transportation. (Mitigation Measure
No. HM3.).
BUILDING CONDITIONS
64. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2001 California Building, Plumbing, Electrical, and Mechanical Codes, the 2001
California Administrative Code, Title 24, and the Code of the City of Cypress.
65. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
66. Construction bins for non- recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "on site" out of the public
right -of -way unless a permit is obtained from the Public Works Department.
67. A pre - grading SWPP's inspection is required prior to grading permit issuance. All
required grading stormwater BMP's shall be installed and inspected by the building
division prior to release of the grading permit.
* 68. Project construction/demolition activities shall comply with SCAQMD Rule 403, as
revised. The applicant /developer shall also obtain approval of a dust control plan
from the Building Division prior to issuance of each grading or building permit.
Dust - reducing measures shall include regular watering of graded surfaces,
restriction of all construction vehicles and equipment to travel along established and
regularly watered roadways, and suspending operations that create dust during
windy conditions (winds greater than 25 mph). (Mitigation Measure No. AQ1.).
* 69. All structures shall be designed as confirmed, during the building design plan
checking, to withstand anticipated ground shaking caused by future earthquakes
within an acceptable level of risk (i.e., high risk zone) as designated by the City's
latest adopted edition of the Uniform Building Code. (Mitigation Measure No.
GEO1.).
• Community Development Department • Planning Division •
356
Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 15
* 70. Prior to issuance of a grading permit, a site specific geologic and soils report shall be
prepared by a registered geologist or soils engineer and submitted to the City
Building Department for approval prior to the issuance of a grading permit. The
report shall specify design parameters necessary to remediate any soils and geologic
hazards. (Mitigation Measure No. GEO2.).
* 71. Precise grading plans shall include an Erosion, Siltation and Dust Control Plan for
the approval of the City Building Department. The Plan's provisions may include
sedimentation basins, sand bagging, soil compaction, revegetation, temporary
irrigation, scheduling and time limits on grading activities, construction equipment
restrictions on -site. This plan shall also demonstrate compliance with South Coast
Air Quality Management District Rule 403, which regulates fugitive dust control.
(Source: Pursuant to the requirements of Mitigation Measure #3, page 5.1 -7,
Cypress General Plan Update EIR.) (Project Mitigation Measure No. GEO3.).
* 72. Prior to issuance of building permits, the Developer/Property owner shall submit a
Water Quality Management Plan (WQMP) which identifies construction and post
construction as well as structural and non - structural Best Management Practices
(BMP's) to the Engineering Division for review and approval. Project shall also
incorporate measures as specified in the County of Orange Drainage Area
Management Plan (DAMP) to help control runoff. Examples of BMP's and control
measures are included in the California Storm Water Best Management Practices
Handbook, Industrial/Commercial and Construction Activity, and the County of
Orange Drainage Area Management Plan and subsequent revisions, and the City's
Local Implementation Plan. The WQMP shall be prepared in accordance with the
template provided to the applicant and shall identify all appropriate structural and
non - structural best management practices (BMP's). (Mitigating Measure No.
HWQ1)
* 73.
All on site drainage shall flow into a drainage system with filtering system to remove
any pollutants produced at the facility. This system should be designed to remove
pollutants containing detergents, polish/wax, and petroleum by products.
(Mitigation Measure No. HWQ2.).
* 74. Facility shall be designed to utilize reclaimed water as part of its washing operation.
(Mitigating Measure No. HWQ3).
• Community Development Department • Planning Division •
357
Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
Page 16
* 75. The applicant shall be responsible to prevent any and all water runoff that may cause
environmental harm. The applicant shall follow all requirements by the Water
Quality Management Plan (WQMP), the County of Orange Drainage Area
Management Plan (DAMP), the Model Water Quality Plan (WQMP), the Local
Implementation Plan, Treatment Beast Management Practices (BMP's) and shall
satisfy all requirements of the Engineer Division. (Mitigating Measure No. HWQ6).
* 76. Prior to issuance of building permits, the developer shall demonstrate to the City of
Cypress that the use of low water use fixtures, plumbing fixtures and appliances are
planned for the project in accordance with applicable standards and requirements.)
(Mitigation Measure No. UTIL1.).
77. Prior to issuance of building permits, the applicant/developer shall submit to the City
Building Division evidence that coverage has been obtained under a National Pollution
Discharge Elimination System (NPDES) Statewide Industrial Stormwater Permit for
General Construction Activities from the State Water Resources Control Board.
FIRE AUTHORITY CONDITIONS
78. Prior to the issuance of building permit, the applicant shall submit to the Fire Chief a list of
all hazardous, flammable and combustible liquids, solids or gases to be stored, used or
handled on site. The materials shall be classified according to the Uniform Fire Code and a
document submitted to the Fire Chief with a summary listed the totals for storage and use
for each hazard class. Please contact the OCFA at (714) 573 -6100 or visit the OCFA
website to obtain a copy of the "Guidelines for Completing Chemical Classification
Packets."
79. Prior to the issuance of a building permit, the applicant shall complete and submit to the Fire
Chief a copy of a "Hazardous Materials Disclosure Chemical Inventory and Business
Emergency Plan: packet. Please contact the OCFA Hazardous Materials Services Section at
(714) 573 -6100 to obtain a copy of the packet.
POLICE CONDITIONS
80. The parking area should be well lit to help prevent cars from being burglarized while
patrons are in the facility. There should be lighting in the landscape areas around the
perimeter of the buildings and plants near the ground floor windows. Landscape near the
doors should be kept low for better visibility by passing patrol cars.
81. A minimum of six -inch (6 ") lettering shall be used for the property address. The property
address shall also be posted in a visible location on the building.
• Community Development Department • Planning Division •
358
Exhibit "A"
Conditional Use Permit No. 2007 -02
Conditions of Approval
82. Lighting for commercial buildings shall be as follows:
Page 17
a. 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.
b. All exterior commercial doors, during the hours of darkness, shall be illuminated
with a minimum of one (1) footcandle of light. All exterior bulbs shall be
protected by weather and vandalism resistant cover(s).
Effective: 2 -26 -2007
• Community Development Department • Planning Division •