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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. • Community Development Department • Planning Division • 108 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. • Community Development Department • Planning Division • 109 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. • Community Development Department • Planning Division • 110 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 • Community Development Department • Planning Division • 111 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 • Community Development Department • Planning Division • 112 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. • Community Development Department • Planning Division • 113 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.) • Community Development Department • Planning Division • 1 1 114 115 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. • Community Development Department • Planning Division • 116 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 • Community Development Department • Planning Division •