Resolution No. 5606105
RESOLUTION NO. 5606
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
CONDITIONAL USE PERMIT NO. 2002-12 - 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 35, Division 7 of the Zoning Ordinance of the City of Cypress to allow the
construction and operation of a full - service car wash, with a fast -food restaurant, located at 5890
Lincoln Avenue within the PC Planned Community 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 PC Planned Community Zone in which the
site is located, which is:
Intended to permit a compatible mix of land uses, planned commercial
developments and business parks, and a variety of housing styles and
densities.
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/fast -food restaurant use
would be an appropriate use for the subject property and would be consistent with
the land use provisions of the Cypress Zoning Ordinance, the Lincoln Avenue
Specific Plan, and the Cypress General Plan.
(2) The proposed project would be consistent with the goals and policies
of the Lincoln Avenue Redevelopment Project Area Plan and the Cypress General
Plan.
(3) The proposed full - service car wash/fast -food restaurant 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/fast -food restaurant 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. 2002 -12.
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 and the Lincoln Avenue Specific Plan, respectively.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Cypress does hereby approve Conditional Use Permit No. 2002 -12, 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 23n' day of September, 2002.
ATTEST:
AarnIS
Y CLERK OF I1 CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYO' O THE CITY OF CYPRESS
I, JILL R. INGRAM- GUERTIN, 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 23rd day of September, 2002, by the following roll call vote:
� 1 L
AYES: 3 COUNCIL MEMBERS: Piercy, McGill, and Sondhi
NOES: 1 COUNCIL MEMBERS: McCoy
ABSENT: 1 COUNCIL MEMBERS: Keenan
1011- a. it_
ITY CLERK OF THE CITY OF CYPRESS
106
107
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2002-12
5890 Lincoln Avenue
CONDITIONS OF APPROVAL
Bolded conditions represent those specific to this project.
* Asterisks Denote Mitigation Measures
GENF:RAI, CONDITIONS
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 el 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. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
5. All businesses occupying the subject buildings shall obtain Cypress business licenses prior
to commencement of business operations.
6. All applicable conditions of Conditional Use Permit 2002 -12 shall be complied with prior
to occupancy of the subject buildings.
7. All business activity shall occur within the building, 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 granted for other outdoor activity in accordance with
Section 13.1 of the Cypress Zoning Ordinance.
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Exhibit "A"
Conditional Use Permit No. 2002 -12
Conditions of Approval
Page 2
8. 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 Forty -Three Dollars ($43.00) County administrative fee, to
enable the City to file the Certificate of Fee Exemption in accordance with 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 applicant/developer
has not delivered to the Community Development Department the check required above,
the approval for the project granted herein shall be void.
ENGINEERING CONDITIONS
9. The developer shall conform to all applicable provisions and requirements of the State
Subdivision Map Act, and the City's Subdivision Ordinance and Zoning Ordinance shall be
satisfied.
10. Upon separate ownership of parcels, reciprocal easements shall be recorded and agreements
filed with the City governing joint use and maintenance of drive approaches, drainage,
onsite parking, irrigation system, etc.
*11. Drainage shall be solved to the satisfaction of the City Engineer. A grading and drainage
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 by
the City Engineer. 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 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 %). (Mitigation Measure No. HWQ3.)
* 12. Prior to issuance of building permits, the applicant/developer shall submit for approval of
the City Public Works Department, a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMPs) that will be used on -site to
control predictable pollutant runoff. (Source: Cypress Public Works Department.)
(Mitigation Measure No. HWQ1.)
13. A canopy 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.
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Exhibit "A"
Conditional Use Permit No. 2002 -12
Conditions of Approval
Page 3
14. 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.
15. 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 removed
pollutants containing detergents, polish/wax, and petroleum by products.
16. 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.
17. Facility should be designed to utilize reclaimed water as part of its washing
operation.
18. 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.
19. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12 "), and measure from the highest finished grade.
A six -inch (6 ") concrete curb shall be constructed per City standards to protect all block
walls and structures exposed to vehicular traffic. The property lines shall have a single
block wall only and the Developer shall obtain and submit to the City the written
permission of the adjacent property owner. Grade separation shall not exceed two feet (2')
between two (2) adjacent properties. The entire facade of the eastern wall of the car
wash tunnel shall be up- graded with architectural detail features (acceptable to the
Community Development Director and consistent with the car wash building
materials) should the City determine that the removal of the existing masonry
perimeter wall is required. If required, a plan for the east wall facade up -grade shall
be submitted to the Community Development Department for review and approval
prior to issuance of building permits.
20. 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 City Engineer, 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.
21. 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.
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Exhibit "A"
Conditional Use Permit No. 2002 -12
Conditions of Approval
Page 4
22. 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.
23. 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. 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.
24. 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.
25. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connecting existing buildings at this property shall be plugged at the property line.
26. For landscaping within the public right -of -way, 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,
prepared 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. Additionally, an agreement shall be executed by the developer to
provide for ongoing maintenance.
27. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• City -wide Traffic Improvement Fee (Per Res. 4348 and current fee Resolution).
• Regional Traffic Improvement Fee (Per Resolution. 4400).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, OCSD -09).
• Grading Plan Check and Permit Fee (Per Resolution 5069).
• All applicable Building Division fees.
COMMI TNITY DEVELOPMENT CONDITIONS
28. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2002 -12 will require an amendment to the conditional use
permit.
29. 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
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Exhibit "A"
Conditional Use Permit No. 2002 -12
Conditions of Approval
Page 5
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity.
30. The east wall of the car wash tunnel shall have the same exterior facade treatment and
materials as the other building walls of the subject site. If the existing block wall
located along the east property line is removed, the applicant shall submit a revised
east elevation plan showing the exterior treatment of the lower half of the tunnel wall
at this location. The revised east elevation plan shall be subject to review and
approval by the Community Development Director.
31. Architectural elevations, site plans, and floor plans shall be reviewed and approved by the
Community Development Department prior to the issuance of building permits.
32. 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.
*33. 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.)
34. 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.
35. 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.
36. 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.
37. 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.
38. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a
variety approved by the Community Development Director.
39. A comprehensive sign program for both building and freestanding monument signs shall be
submitted for Community Development Department approval prior to any signing
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Exhibit "A"
Conditional Use Permit No. 2002 -12
Conditions of Approval
Page 6
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.
40. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
41. All product and material storage shall occur within the building. Exterior storage is
specifically prohibited.
42. Outside public address speakers, telephone bells, buzzers and similar devices which are
audible on adjoining properties are hereby prohibited.
43. 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.
44. 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.
45. 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.
46. 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.
*47. The vacuum motor /accumulator for the car wash use shall be placed inside an
approved enclosed mechanical equipment room. (Mitigation Measure No. N1.)
*48. A silencer package shall be used on the dryer for the car wash use to reduce noise
generation. (Mitigation Measure No. N2.)
*49. 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. N3.)
50. 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.
51. All mechanical equipment associated with the car wash use shall be located within a fully
enclosed room/building.
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Exhibit "A"
Conditional Use Permit No. 2002 -12
Conditions of Approval
Page 7
52. The project shall comply with all mitigation measures as referenced in the Negative
Declaration prior to issuance of Certificate of Occupancy.
53. Should substantiated complaints be received, this conditional use permit may be modified
and/or revoked, subject to a public hearing.
*54. 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.)
*55. 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.)
*56. Transportation of hazardous materials to the car wash site shall comply with all
applicable regulations of the Department of Transportation. (Mitigation Measure
No. HM3.)
BI TH .DING CONDITIONS
57. Applicant/developer shall comply with applicable provisions of the 1997 Uniform Building,
Plumbing and Mechanical Codes, 1996 National Electrical Code, California Administrative
Code, Title 24, and the Code of the City of Cypress.
58. An automatic fire sprinkler system, approved by the Fire Marshal, may be required.
59. Applicant/developer shall comply with all disclosure requirements of the Orange County
Fire Authority for hazardous materials use and/or storage and the South Coast Air Quality
Management District for exhaustion of air contaminants.
*60. Type 5 cement shall be used for all foundations and slabs on grade. (Mitigation Measure
No. GEO4.)
61. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
62. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, in compliance with the Seismic Hazard
Mapping Act of the State of California, grading, paving, sulfate test and other pertinent
information under good engineering practice.
63. 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. (Example: street side of curb is public right -of -way. Not allowed).
• Community Development Department • Planning Division •
Exhibit "A"
Conditional Use Permit No. 2002 -12
Conditions of Approval
Page 8
64. Prior to final certificate of occupancy, as required by California State Health and Safety
Code, Section 19850, the applicant shall submit to the Cypress Building Division 35mm
microfilm copies of the approved plans on standard aperture cards to serve as the official
file copy of the approved building plans.
*65. 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.)
*66. 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.)
*67. 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.)
*68. 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. GEO4.)
*69. 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. (Mitigation Measure No. HWQ2.)
*70. 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.)
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Exhibit "A"
Conditional Use Permit No. 2002 -12
Conditions of Approval
FIRE AITTHC)RITY CONDITIONS
Page 9
71. Prior to issuance of any building permits, the applicant shall submit a fire hydrant
location plan for the review and approval of the Fire Chief.
72. Prior to the issuance of a building permit, the applicant shall provide evidence of
adequate fire flow. The "Orange County Fire Authority Water Availability for Fire
Protection" form shall be signed by the applicable water district and submitted for
approval to the Orange County Fire Authority. If sufficient water to meet fire flow
requirements is not available, an automatic fire extinguishing system may be required in
each structure affected by insufficient fire flow.
73. Prior to the recordation of a subdivision map or the issuance of any grading permit,
whichever occurs first, the applicant shall obtain approval of the Fire Chief for all fire
protection access roads to within 150 feet of all portions of the exterior of every structure
on site.
74. Prior to the issuance of a building permit, the applicant shall submit plans and obtain
approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet
in width. The plans shall indicate the locations of red curbing and signage. A drawing of
the proposed signage with the height, stroke and color of lettering and the contrasting
background color shall be submitted to and approved by the Fire Chief.
75. Prior to the issuance of any certificate of use and occupancy, the fire lanes shall be
installed in accordance with the approved fire lane plan. The CC &R's, or other approved
documents, shall contain a fire lane map and provisions which prohibit parking in the fire
lanes. The method of enforcement shall be documented.
76. Prior to the approval of an use /site permit(s), issuance of any grading permits or building
permits, whichever occurs first, the applicant shall submit to the Fire Chief a list of the
quantities of all hazardous, flammable and combustible materials, liquids or gases to be
stored, used, or handled on site. These liquids and materials shall be classified according
to the Uniform Fire Code using the "Orange County Fire Authority Chemical
Classification Handout ". The submittal shall provide a summary sheet listing each hazard
class, the total quantity of chemicals stored per class and the total quantity of chemicals
used in that class. All forms of materials are to be converted to units of measure in
pounds, gallons and cubic feet.
77. Prior to the issuance of a building permit, the applicant shall contact the Orange County
Fire Authority Hazardous Materials Disclosure Office at (714) 744 -0463 to obtain a
"Hazardous Materials Disclosure Chemical Inventory and Business Emergency Plan"
packet. This shall be completed and submitted to the Fire Chief prior to the issuance of a
building permit.
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Exhibit "A"
Conditional Use Permit No. 2002 -12
Conditions of Approval
Page 10
78. Prior to the issuance of a building permit, the applicant shall submit plans for the review
and approval of the Fire Chief as indicated on the OCFA Plan Submittal Criteria form.
Contact the Orange County Fire Authority at (714) 744 -0403 for a copy of the Fire Safety
Site /Architectural Notes to be placed on the plans prior to submittal.
79. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
POLICE CONDITIONS
80. Barricades of a type approved by the Community Development Department shall be
used when the car wash business is closed in order to prevent trespassing on the car
wash property. Additionally, appropriate signs with Cypress Municipal Code
language prohibiting loitering shall be posted.
Effective: 9/23/2002
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