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Resolution No. 6346492 RESOLUTION NO. 6346 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING AN APPLICATION FOR CONDITIONAL USE PERMIT NO. 2012 -09, INCLUDING OFF -SALE BEER AND WINE - 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 re- establishment of an existing gasoline service station, with 3,201 square feet of retail commercial area, located at 9472 Valley View Street within the CG Commercial General Zone. The subject application included a request to operate a convenience store, including off -sale beer and wine, within the commercial building. 2. That the City Council, after proper notice thereof, duly held a public hearing on said application as provided by law, in which the public was given the opportunity to be heard regarding Conditional Use Permit No. 2012 -09. 3. That the City Council hereby finds that: a. The proposed location of the gasoline service station and convenience store, including off -sale beer and wine, is in accord with the objectives of the Zoning Ordinance and the purpose of the CG 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 -scale shopping centers and regional malls, which may be anchored by several department stores or other large -scale retail outlets. b. The proposed location of the gasoline service station and convenience store, including off -sale beer and wine, and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity in that: (1) The proposed development and use would comply with the development standards and permitted uses of the CG Commercial General Zone. (2) The proposed site design would provide adequate vehicle access, circulation, and onsite parking. (3) The subject property is surrounded by properties zoned for commercial and multi - family residential uses and the proposed service station and convenience store, including off -sale beer and wine, as conditioned, would be compatible with the existing uses on those properties. (4) The proposed service station and retail commercial building and uses, including off -sale beer and wine, as conditioned, would not create a significant adverse impact on the environment. (5) The proposed sale of alcoholic beverages would provide a public convenience or necessity for citizens of the City and the surrounding area. c. The proposed conditional use will comply with each of the applicable provisions of the Zoning Ordinance. 493 NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Cypress does hereby approve the gasoline service station use and convenience store use, including off -sale beer and wine, as Conditional Use Permit No. 2012 -09, subject to the conditions attached hereto as Exhibit "A ". Any challenge to this Resolution, and the findings set forth therein, must be filed within the 90 day statute of limitations set forth in Code of Civil Procedure 1094.6. PASSED AND ADOPTED by the City Council • the of Cypress at a regular meeting held on the 14th day of January, 2013. ATTEST: CITY CLERK OF THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS MAYOR OF HE CITY OF CYPRESS I, DENISE BASHAM, 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 14th day of January, 2013, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Yarc, Johnson, Mills and Narain NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Bailey u'1 CITY CLERK OF THE CITY OF CYPRESS 494 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2012-09 9472 Valley View Street CONDITIONS OF APPROVAL (Including an off -sale beer and wine sales use) Notes: *Regular text denotes standard conditions of approval. Bolded conditions represent those specific to this project. 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 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. 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, Orange County Health Department, and Cypress Building and Safety Division shall be satisfied prior to commencement of the business operation. 6. The applicant shall obtain a Cypress business license prior to commencement of the business operation. • Community Development Department • Planning Division • 495 Exhibit "A" Conditional Use Permit No. 2012 -09 Conditions of Approval Page 2 7. All applicable conditions of Conditional Use Permit No. 2012 -09 shall be complied with prior to occupancy of the subject building. 8. All business activity shall occur within the building. Temporary use permits may be granted for outdoor activity in accordance with Section 35, Division 10, of the Cypress Zoning Ordinance. 9. 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 Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Exemption 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. Any and all correction notice(s) generated through the plan check and /or inspection process is /are hereby incorporated by reference as conditions of approval and shall be fully complied with by the owner, applicant and all agents thereof. PUBLIC WORKS CONDITIONS Drainage 10. Prior to issuance of grading or building permits or recordation of the subdivision map, whichever comes first, at the direction of the Engineering Division Manager, the applicant shall submit a grading plan for approval, in ink, on Mylar, signed and stamped by a registered California civil engineer and using actual grades from an Orange County Surveyor's Benchmark on a form acceptable to the Engineering Division Manager. The applicant shall ensure: Drainage is solved to the satisfaction of the Engineering Division Manager. The Grading Plan is consistent with the Water Quality Management Plan, Site Plan and any Improvement Plan for proposed public storm drains. Submittal of a Preliminary Grading Plan if deemed necessary by the Engineering Division Manager. The topography of the area surrounding this development shall be made to establish existing drainage flow patterns. The minimum slope standards are met for 1% for landscape areas, AC parking areas 1.5 %, Concrete .2 %. All surface runoff and subsurface drainage is directed to the nearest acceptable drainage facility, as determined by the Engineering Division Manager. • Community Development Department • Planning Division • 496 Exhibit "A" Conditional Use Permit No. 2012 -09 Conditions of Approval Page 3 Drainage facilities discharging onto adjacent property shall be designed to imitate the manner in which runoff is currently produced from the site or alternatively, the applicant may obtain a drainage acceptance and maintenance agreement, suitable for recordation, from the owner of said adjacent property. All drainage facilities must be consistent with the County of Orange Grading Ordinance as supplemented by the Engineering Division and Local Drainage Manual. Submittal of a drainage study, when determined necessary by the Engineering Division Manager, evidencing that proposed drainage patterns will not overload existing storm drains. Submittal of drainage studies, when determined necessary by the Engineering Division Manager, indicating how the project grading, in conjunction with the drainage conveyance systems including applicable swales, channels, street flows, catch basins, storm drains, and flood water retarding, will allow building pads to be safe from inundation from rainfall runoff which may be expected from all storms up to and including the theoretical 100 -year flood. Engineering 11. Prior to recordation of a subdivision map, the applicant shall submit all public improvement plans and grading plans per the Public Works Department Standard Plans and specified design criteria. All plans shall be in ink on 24 inch by 36 inch Mylar with City title block on all sheets. Fees 12. Prior to issuance of building permits, the applicant shall pay for the following fees (Per Resolution No. 6118, except as otherwise noted below): Public Improvement Plan Check. Public Improvement Permit and Inspection. Grading / On -Site (Non - Structural) Plan Check. Grading Permit and Inspection. Drainage Fee for Master Drainage Plan. City -wide Traffic Improvement. Regional Traffic Improvement. Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD -09). Sewer 13. Prior to the recordation of the subdivision map, the applicant shall submit a sewer design plan detailing all the proposed public sewer lines meeting the requirements of the City Design Standards for Sewer Facilities. • Community Development Department • Planning Division • 497 Exhibit "A" Conditional Use Permit No. 2012 -09 Conditions of Approval Page 4 14. Prior to issuance of certificate of occupancy, the applicant, as required by Ordinance No. 1065 for Food Service Establishments, shall install a grease control device that meets the requirements of Uniform Plumbing Code Section 1014.0 (Appendix H) and conforms to the minimum requirements as specified in City of Cypress Standard Plan No. 299, Sand/Oil Separator & Grease Interceptor with Sample Box. 15. Prior to certificate of occupancy, the applicant shall demonstrate that the business owner has properly trained their employees on the proper disposal of fats, oils and grease best management practices. Streets 16. Prior to issuance of certificate of occupancy, the applicant shall replace any deficient sidewalk or driveway approaches or cause to fix any other frontage improvement located in the public right -of -way that do not meet the requirements of the Federal American Disabilities Act (ADA) and State of California Title 24. The applicant shall submit a plan for any improvement, in consultation with or as required by the Engineering Division Manager, and obtain a permit from the Public Works Department prior to any work within the right -of -way. The applicant shall grant an easement to the City for pedestrian purposes for any improvement such as driveway approaches for compliance with ADA requirements. Applicant/Developer shall reconstruct 4 existing driveways for ADA compliance. Approximate areas of driveways to be reconstructed are: 8' x 40', 8' x 37', 10' x 40', and 10' x 43'. 17. Prior to issuance of certificate of occupancy, the applicant shall remove and replace any existing public improvements at the development site which have existing damage, are damaged due to construction, or otherwise below current standards, to the satisfaction of the Engineering Division Manager. Traffic 18. Prior to the issuance of any grading permits, the applicant shall provide adequate sight distance per Engineering Standard Plan 204 and 205 at all street intersections, driveways and parkways, in a manner meeting the approval of the Engineering Division Manager. The applicant shall make all necessary revisions to the plan to meet the sight distance requirement such as removing slopes or other encroachments from the limited use area in a manner meeting the approval of the Engineering Division Manager and Planning Manager. Utilities 19. Prior to certificate of occupancy, the applicant shall install all new and existing utility services underground. • Community Development Department • Planning Division • 498 Exhibit "A" Conditional Use Permit No. 2012 -09 Conditions of Approval Page 5 Attention is directed that trenching and backfill in streets shall be per City of Cypress Public Works Standard Plan No. 109. Arterials shall be crossed by boring only. In public streets, lateral open cuts spaced within 20 feet of each other shall be covered with a one inch continuous asphalt concrete cap. Water Quality 20. Prior to the issuance of building permits, the applicant shall submit a certified copy of the approved Final Water Quality Management Plan along with the final approved Grading Plan and all other supporting documentation on a Compact Disc in digital file formats acceptable to the Assistant City Engineer. 21. The applicant is directed to Chapter 12 Health and Sanitation, Article IV Cypress Water Quality, Section 13 -23 (a) (9) regarding required submittal for a Water Quality Management Plan (WQMP) to control urban runoff. This project has been classified as a priority project under section XII New Development (Including Significant Redevelopment) Order No. R8- 2009 -0030 of the Waste Discharge Requirements of the California Regional Water Quality Control Board, Santa Ana Region for the cities within Orange County (NPDES Permit) available at http:// www. ocwatershed .com/Documents /R84thterm.pdf. Said WQMP shall include best management practices for source control, pollution prevention, site design, and low impact development as well as structural treatment controls among many factors. Site design for controlling urban runoff must first evaluate infiltration, then harvest and water re -use, then evapotranspiration and only bio- treatment if the other three are not feasible. Submittal and subsequent approval of the Preliminary Water Quality Management Plan does not guarantee approval of the Final Water Quality Management Plan. Should the final calculations and submittals not meet the required thresholds necessary to meet the obligations of the City under the NPDES Permit for development and its incorporated documents such as the Drainage Area Management Plan and Technical Guidance Document, alterations to the site and the site plan may be required as prescribed by the Director of Public Works or Director of Community Development to the WQMP. The aforementioned documents are available for download at http:// www.ocwatersheds.com/WQMP.aspx. Any significant alteration to the site plan due to the Final WQMP may then require approval of the Council of the revised site plan. Additionally, as required under the NPDES Permit, attention is directed that the WQMP must identify a responsible party and implement funding sources for maintaining any treatment controls as required as part of the development and must ensure that appropriate easements and ownerships are properly recorded in public records and access is made available for inspection of said devices. 22. Prior to issuance of certificate of occupancy, the applicant shall clean all on -site storm drain systems, catch basins, filters, storm drain lines, inlet boxes, etc. Additionally, upon direction of the Engineering Division Manager, the applicant shall clean any public storm drain systems, catch basins, filters, lines, inlet boxes that the Engineering Division Manager has determined have been impacted by the applicant's construction. • Community Development Department • Planning Division • 499 Exhibit "A" Conditional Use Permit No. 2012 -09 Conditions of Approval Page 6 If clean -up is not performed, the City may make arrangements to clean the system at developer's expense. 23. Prior to the issuance of any grading or building permits, the applicant shall submit for review and approval by the Engineering Division Manager, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control predictable pollutant runoff. The applicant's WQMP shall be in conformance with the Orange County Drainage Area Management Plan (DAMP), Model WQMP, and Technical Guidance Manual for reference, and the City's WQMP template for submittal. This WQMP shall include the following: - Detailed site and project description Potential stormwater pollutants Post - development drainage characteristics - Low Impact Development (LID) BMP selection and analysis - Structural and Non - Structural source control BMPs - Site design and drainage plan (BMP Exhibit) GIS coordinates for all LID and Treatment Control BMPs Operation and Maintenance (O &M) Plan that (1) describes the long -term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that will be responsible for long -term operation and maintenance of the referenced BMPs; and (3) describes the mechanism for funding the long -term operation and maintenance of the referenced BMPs The BMP Exhibit from the approved WQMP shall be included as a sheet in all plan sets submitted for plan check and all BMPs shall be depicted on these plans. Grading and building plans must be consistent with the approved BMP exhibit. 24. Prior to the issuance of a certificate of use and occupancy, the applicant shall demonstrate compliance with the City's NPDES Implementation Program in a manner meeting the satisfaction of the Engineering Division Manager and Water Quality Manager, including: Demonstrate that all structural Best Management Practices (BMPs) described in the BMP Exhibit from the project's approved WQMP have been implemented, constructed and installed in conformance with approved plans and specifications - Demonstrate that the applicant has complied with all non - structural BMPs described in the project's WQMP Submit for review and approval an Operations and Maintenance (O &M) Plan for all structural BMPs (the O &M Plan shall become an attachment to the WQMP) Demonstrate that copies of the project's approved WQMP (with attached O &M Plan) are available for each of the initial occupants Agree to pay for an inspection (special investigation) from the City for a date 12 months after the issuance of a Certificate of Use and Occupancy for the project to verify compliance with the approved WQMP and O &M Plan Demonstrate that the applicant has RECORDED one of the following: 1. The CC &R's (that must include the approved WQMP and O &M Plan) for the project's • Community Development Department • Planning Division • 500 Exhibit "A" Conditional Use Permit No. 2012 -09 Conditions of Approval Page 7 Home Owner's Association; 2. A water quality implementation agreement that has the approved WQMP and O &M Plan attached; or 3. The final approved Water Quality Management Plan (WQMP) and Operations and Maintenance (O &M) Plan. 25. The applicant shall be subject to all requirements of Section 13 -29 of the Cypress Municipal Code regarding stormwater pollution prevention including, but not limited to, obtaining a commercial /industrial stormwater discharge permit from the Public Works Department, prior to the issuance of a final certificate of occupancy. 26. The applicant shall place sufficient trash receptacles outside to collect trash generated by its patrons. No less than one receptacle shall be provided. These shall be properly maintained and not allowed to overflow. 27. The applicant shall construct new or modify its existing trash enclosure structure to possess a solid covered roof that prohibits stormwater to enter and then discharge from the enclosure. The applicant shall obtain all required permits from the Building Department for construction and also obtain final inspection from the Public Works Department to ensure it meets the above mentioned criteria prior to the issuance of a final certificate of occupancy. COMMUNITY DEVELOPMENT CONDITIONS 28. The approved uses include: a gasoline service station (without vehicle service /repair bays); a retail commercial building containing a convenience store, with off -sale beer and wine; and a speculative retail commercial lease area. Any expansion or modification of the approved use beyond what is approved as part of Conditional Use Permit No. 2012 -09 will require an amendment to the Conditional Use Permit. 29. Adult supervision (over 21 years of age) shall be maintained on the business premises at all times. A sign shall be posted at the point of purchase, stating that the sale of tobacco to minors shall be prohibited. 30. The applicant shall comply with all applicable Health and Safety Codes pertaining to the sale of tobacco and tobacco related products. 31. Utilities shall not be released until all conditions of approval have been met to the satisfaction of the Community Development Department. 32. 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. 33. Architectural elevations and site plans shall be reviewed and approved by the Community Development Department prior to the issuance of building permits. • Community Development Department • Planning Division • 501 Exhibit "A" Conditional Use Permit No. 2012 -09 Conditions of Approval Page 8 34. 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. 35. On -site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. 36. 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. 37. 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. 38. 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 Consolidated Disposal Services. 39. A detailed landscape and automatic irrigation plan shall be submitted to the Cypress Planning Division for review and approval at least 60 days prior to issuance of a certificate of occupancy. In addition, a bond shall be posted with the Public Works Department to guarantee against defects in plant materials and workmanship for a period of 1 year from acceptance of the landscape installation. All required landscaping shall be permanently maintained in a neat and orderly condition. 40. All qualifying landscape projects in the City shall comply with the City's Water Efficiency Ordinance as well as the water efficient requirements of the Cypress Zoning Code. 41. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and of a variety approved by the Community Development Director. 42. A redwood landscape retainer, a minimum of 2" x 6" in size, shall be installed along all property lines where necessary to retain the landscape planters until adjoining properties are developed. 43. A comprehensive sign program for both building and freestanding monument signs shall be submitted for Community Development Department approval prior to the installation of any signs. The developer shall not erect or display on the subject property any signs which have not been approved in writing by the Community Development Department. • Community Development Department • Planning Division • 502 Exhibit "A" Conditional Use Permit No. 2012 -09 Conditions of Approval Page 9 44. The installation and method of sign illumination shall be reviewed and approved by the Planning Division and the Building and Safety Division. The business owner shall take the appropriate measures to ensure that the illumination of the sign shall not create glare for vehicular traffic. All electrical conduits, timer devices, and other electrical equipment shall be buried underground or concealed within the sign. Freestanding sign structures shall be located in compliance with Section 3.11.150 of the Cypress Zoning Ordinance pertaining to the traffic safety visibility area. 45. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so as to cover all landscaped areas. 46. All product and material storage shall occur within the building. Exterior storage is specifically prohibited. 47. Outside public address speakers, telephone bells, bu72ers and similar devices which are audible on adjoining properties are hereby prohibited. 48. 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. 49. A wrought iron fence and gate shall be added at the north end of the east side yard to the satisfaction of the Community Development Department. 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. The City Council shall maintain the right to review the business' hours of operation and may, subject to a public hearing, limit the business hours should substantiated complaints be received that the business hours are creating an adverse impact upon neighboring properties. 54. The business' delivery hours, with the exception of gasoline /fuel deliveries, shall be limited from 7:00 a.m. to 10:00 p.m. on weekdays and Saturdays, and from 9:00 a.m. to 10:00 p.m. on Sundays and federal holidays (Z.O. Sect. 3.10.070.C.2). Late night or early morning deliveries of goods other than gasoline /fuel shall be specifically prohibited. 24 -hour gasoline /fuel deliveries shall be permitted by this Conditional Use Permit. • Community Development Department • Planning Division • 503 Exhibit "A" Conditional Use Permit No. 2012 -09 Conditions of Approval Page 10 55. The access door to the business premises facing the alleyway and adjoining residences shall remain closed during all hours of business operation. Said door shall be designated and used for emergency exit purposes only. 56. No overnight parking shall be permitted, except for employee vehicles. No for -sale vehicles shall be parked onsite for display. 57. No outdoor repair or servicing of vehicles shall be permitted under any circumstances. 58. Should substantiated complaints be received, this Conditional Use Permit may be modified and/or revoked, subject to a public hearing. 59. 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, if the City's noise standards are exceeded. 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, only if the City's noise standards are exceeded. 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. 60. Mechanical devices associated with the cleaning and maintenance of real property may be used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such devices include but are not limited to stationary or mobile pumps, fans, compressors, generators, blowers, and sweepers. The use of such devices for such purposes is prohibited at all other times. 61. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic Beverage Control prior to Conditional Use Permit No. 2012 -09 becoming effective. 62. Although the convenience market is permitted to operate 24- hours, alcohol sales shall be limited from 6 a.m. to 12 a.m. midnight. 63. Alcohol cooler doors shall be locked after 12 a.m. midnight, and shall have partitions within the coolers that prevent reaching around from neighboring cooler doors into the alcoholic beverage cooler area. 64. The cooler areas containing alcoholic beverages shall not exceed fifty percent (50 %) of the total cooler area. 65. Floor displays of alcoholic beverages shall be prohibited to prevent "grab & run" theft. • Community Development Department • Planning Division • 504 Exhibit "A" Conditional Use Permit No. 2012 -09 Conditions of Approval Page 11 66. Window or exterior signage advertising alcoholic beverages shall be prohibited. 67. Outdoor payphones shall be prohibited on the subject property. 68. The business shall post "No Loitering" signage on the convenience store building. 69. The convenience market shall install a surveillance camera system with audio capabilities, colored monitor, and silent alarm. 70. The sale of packaged single - serving beer and malt beverages for off- premises consumption, in less than a factory- packaged six -pack or three -pack totaling less than 72 ounces (including 40 -ounce and 24 -ounce bottles and cans of beer and malt liquor) shall be prohibited. 71. The sale of all fortified wines shall be prohibited, unless approved in writing by the Cypress Chief of Police. 72. Wine shall not be sold in bottles or containers smaller than 750 ml., except wine - coolers, which must be sold in manufacturer pre - packaged quantities (at a minimum of 4). 73. The sales of beer or malt beverages in quantities of 24 oz., 32 oz., 40 oz., or similar size containers are prohibited. No beer or malt beverages shall be sold in quantities of less than three per sale in manufactured pre - packaged quantities. 74. Beer, malt beverages, and wine coolers in containers of 16 oz. or less cannot be sold by single containers. These beverages shall be sold in manufacturer pre - packaged multi- unit quantities. 75. No alcoholic beverages shall be consumed on the premises. A sign stating "NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THESE PREMISES" shall be posted in a place that is clearly visible to patrons of the establishment. BUILDING CONDITIONS 76. Applicant/developer shall obtain the required permits and comply with applicable provisions of the 2010 California Building, Plumbing, Electrical, and Mechanical Codes, the 2010 California Administrative Code, Title 24, and the Code of the City of Cypress. 77. Type 5 cement shall be used for all foundations and slabs on grade. 78. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil. moisture barrier. • Community Development Department • Planning Division • 505 Exhibit "A" Conditional Use Permit No. 2012 -09 Conditions of Approval Page 12 79. Handicapped accessible parking and path of travel shall meet current ADA access requirements. FIRE AUTHORITY CONDITIONS - COMMERCIAL 80. Prior to issuance of a building permit, the applicant or responsible party shall submit the Fire Master Plan (service code PR145) for the project to the Orange County Fire Authority for review and approval. POLICE CONDITIONS 81. The property address shall be clearly identified on both sides of the freestanding sign base. A minimum of 6" lettering shall be used for the property address. The property address shall also be posted in a visible location on the building. 82. Lighting for commercial buildings shall be as follows: 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 1 foot -candle of light. All exterior bulbs shall be protected by weather and vandalism resistant cover(s). c. Open parking lots, and access thereto, providing more than 10 parking spaces and for use by the general public, shall be provided with a maintained minimum of 1 foot - candle of light on the parking surface from dusk until the termination of business every operating day. 83. The landscaping and lighting plans for the project shall also be subject to review by the Cypress Police Department. Effective: 1 -14 -2013 • Community Development Department • Planning Division •