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Home My WebLink About2018-1001 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-100 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND APPROVING SUBDIVISION 18-01, CONDITIONAL USE PERMIT 18-01, A REQUEST TO ALLOW A SERVICE STATION AND CONVENIENCE STORE WITH A TYPE 20 (OFF -SALE BEER & WINE) ABC LICENSE, A DRIVE-THRU RESTAURANT, AND A SIT DOWN RESTAURANT, AND FINDING OF PUBLIC CONVENIENCE OR NECESSITY LETTER 18-01 ON A SITE OF APPROXIMATELY 3.5 ACRES LOCATED ON THE SOUTHWEST CORNER OF KENDALL DRIVE AND SHANDIN HILLS DRIVE WITHIN THE COMMERCIAL GENERAL (CG -1) ZONE AND TRANSIT DISTRICT (TD) OVERLAY WHEREAS, on January 4, 2018, pursuant to the requirements of § 19.66 (Subdivision Maps), and §19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, an application for General Plan Amendment 18-01, Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 was duly submitted by: Property Owner: Stater Bros. Markets P.O. Box 150 Colton, CA 92324 Project Applicant: ICO Real Estate Group, Inc. 4221 Wilshire Blvd. Suite 380 Los Angeles, CA 90010 Property Address: Southwest corner of Kendall Drive and Shandin Hills Drive APN(S): 0266-521-17, 18, and 19 WHEREAS, Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 is a request to adjust the internal property lines of the existing parcels for recordation as a parcel map, and allow the development, establishment and operation includes a service station with six (6) pump islands, convenience store containing approximately 3,128 square feet with an Type -20 (Off -Sale Beer and Wine) ABC License, a restaurant with drive-thru containing approximately 2,325 square feet, and a restaurant containing approximately 6,088 square feet on a site containing a total of approximately 0.32 acres; and WHEREAS, pursuant to requirements of §15060(c) of the California Environmental Quality Act, the Planning Division of the Community Development Department evaluated Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01; and for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, on February 14, 2018, pursuant to the requirements of § 19.44 of the City of San Bernardino Development Code, the Development and Environmental Review 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Committee reviewed the application and moved Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 to the Planning Commission for consideration; and WHEREAS, on March 3, 2018, pursuant to the requirements §19.52.020 of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners within 500 feet of the subject property of the holding of a public hearing at which the Categorical Exemption and Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 would be considered; and WHEREAS, on March 13, 2018, pursuant to the requirements of §19.52.040 of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to the Categorical Exemption and Subdivision 18-01, Conditional Use Permit 18- 01, and Public Convenience or Necessity Letter 18-01 and at which meeting the Planning Commission considered the Categorical Exemption and Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01; and WHEREAS, after closing said public hearing, the Planning Commission adopted Resolution No. 2018-020 recommending to the Mayor and City Council the adoption of the Categorical Exemption, and the approval of Subdivision 18-01, Conditional Use Permit 18- 01, and Public Convenience or Necessity Letter 18-01; and WHEREAS, notice of the April 4, 2018 public hearing for the Mayor and City Council's consideration of the proposed Resolution was published in The Sun newspaper on March 20, 2018, and was mailed to property owners within a 500 foot radius of the project site in accordance with Development Code Chapter 19.52; and WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals), Chapter 19.66 (Subdivision Maps), and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The Mayor and City Council find that the above -stated Recitals are true and hereby adopt and incorporate them herein. SECTION 2. Findings of Fact — Subdivision 18-01. Finding No. 1: The proposed map is consistent with the General Plan. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding of Fact: The proposed subdivision will adjust the internal property lines of the existing parcels in order to better serve the specific structures and uses that will be established on each parcel, but the changes to the parcels lines are still consistent with General Plan goals and Policies and the relevant provisions of the Development Code. Finding No. 2: The design and improvements of the proposed subdivision is consistent with the General Plan. Finding of Fact: The subdivision proposes only minor adjustments to the existing parcel lines, but meets the minimum lot size requirements of the Development Code and will therefore be consistent with the General Plan. Finding No. 3: The site is physically suitable for the type of development. Finding of Fact: Each parcel has been designed to not only meet, but exceed the provisions of the Development Code in regard to the minimum lot size requirements for the proposed uses. Finding No. 4: The site is physically suitable for the proposed density of development. Finding of Fact: Each parcel has been designed to not only meet, but exceed the provisions of the Development Code in regard to the minimum lot size requirements for the proposed uses. Finding No. 5: The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. Finding of Fact: The design of the subdivision will not have any significant negative impacts to wildlife or their habitat. The project is exempt from CEQA review and no sensitive or protected species have been identified on the site. No significant negative impacts on the environment are anticipated to result from development of the site. Finding No. 6: The design of the subdivision or type of improvements will not cause serious public health problems. Finding of Fact: The design of the proposed subdivision meets all of the applicable Development Code requirements and will not result in any serious public health problems. The proposed parcel will have access to existing public streets. Existing utilities and public services are available to serve the project site and ensure the maintenance of public health and safety. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding No. 7: The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Finding of Fact: The design of the subdivision will not conflict with any public or private easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary. SECTION 3. Findinr-s of Fact — Conditional Use Permit 18-01 and Public Convenience or Necessity Letter 18-01: Finding No. 1: The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject zone and complies with all of the applicable provisions of this Development Code Finding of Fact: The proposed development of a service station, convenience store, drive-thru restaurant, and sit down restaurant is a permitted use within the proposed Commercial General (CG -1) Zone and Transit District (TD) Overlay, subject to the approval of a Conditional Use Permit with the appropriate Conditions of Approval. The proposal under Conditional Use Permit 18-01 will be developed in compliance with all of the applicable provisions of the City of San Bernardino Development Code, including development standards and applicable design guidelines. Finding No. 2: The proposed use is consistent with the General Plan. Finding of Fact: General Plan Land Use Element Policy 2.1.3 — Encourage future development to provide public spaces that foster social interaction. General Plan Land Use Element Goal 2.2 — Promote development that integrates with and minimizes impacts on surrounding land uses. General Plan Land Use Element Policy 2.2.1 - Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element. General Plan Land Use Element Policy 2.3.1 - Commercial center, open spaces, educational facilities, and recreational facilities should be linked to residential neighborhoods. General Plan Land Use Element Policy 2.3.7 - Improvements shall be made to transportation corridors that promote physical connectivity and reflect consistently high aesthetic values. 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General Plan Community Design Element Policy 5.7.6 - Encourage architectural detailing, which includes richly articulated surfaces and varied fagade treatment, rather than plain or blank walls. The proposed project implements the above General Plan goals and policies in that the proposed development has been specifically designed to encourage connectivity and pedestrian as well as vehicular access to the site. The project is located in the Transit District (TD) Overlay, but the development standards of the TD Overlay are somewhat contradictory to the design requirements for vehicle oriented uses, specifically the placement and orientation of the structures and drive-thru lanes. In order to meet the goals and intentions of these types of uses, the landscaping a pedestrian access points have been enhanced in a way that promotes the pedestrian friendly connectivity requirements of the TD Overlay, while maintaining the unique requirements of the service station and drive-thru restaurant. Finding No. 3: The approval of the Conditional Use Permit or Minor Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code. Finding of Fact: The proposed development of a service station, convenience store, drive-thru restaurant, and sit down restaurant will be harmonious and compatible with existing and future developments within the proposed Commercial General (CG -1) Zone and the Transit District (TD) Overlay. The surrounding area consists of a mixture of residential and commercial uses. Appropriate Conditions of Approval have been imposed on the proposed development to ensure that the existing residential neighborhoods will not be negatively impacted by the development of the proposed service station, convenience store, drive- thru restaurant, and sit down restaurant. The scale and density of the proposed development conforms to the development standards of the Commercial General (CG -1) Zone and Transit District (TD) Overlay. Since the proposal is consistent with both the General Plan and Development Code, no land use conflict is expected to result from construction of the proposed project. Finding No. 4: There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. Finding of Fact: In accordance with § 15060 of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 and concluded that Subdivision 18-01, Conditional Use Permit 18-01, and 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Finding No. 5 Public Convenience or Necessity Letter 18-01 is found to be exempt under §15332 (Infill Development) of CEQA due to the fact that: 1) the project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable Zoning District and regulations; 2) the proposed development occurs within city limits on a project site of no more than five (5) acres substantially surrounded by urban uses; 3) the project site has no value as habitat for endangered, rare or threatened species; 4) Conditions of Approval will be imposed to alleviate potential impacts; and, 5) there are no potentially significant effects relating to traffic, noise, air quality, or water quality that may result from the proposed construction of a service station with a convenience store, a drive thru restaurant, and a sit down restaurant. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed development consists of uses that are conditionally permitted within the Commercial General (CG -1) Zone and Transit District (TD) Overlay. A Traffic Study was prepared in connection with the proposed development, and approved by the City's Traffic Engineer. Additionally, appropriate Conditions of Approval have will be imposed to alleviate any potential impacts. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The proposed service station, convenience store, drive-thru restaurant, and sit down restaurant along with the required on-site and off-site improvements is permitted within the proposed Commercial General (CG -1) Zone and Transit District (TD) Overlay, subject to the approval of a General Plan Amendment, Subdivision, Conditional Use Permit, and Public Convenience or Necessity Letter with the appropriate Conditions of Approval and CEQA determination. The subject site as a commercial development is sufficient in size to accommodate the proposal under Conditional Use Permit 18-01 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal. Finding No. 7: There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18', 19 20 21 22 23 24 25 26 27 28 Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed service station, convenience store, drive-thru restaurant, and sit down restaurant along with the construction of the required on-site and off-site improvements. The existing site is located on parcels already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval, the proposed development under Conditional Use Permit 18-01 will not be detrimental to public services or public health and safety. Finding No. 8 Finding or Public Convenience or Necessity (Business and Professions Code Section 23958.4(b) (2)), if the activity will be located in an area that has been determined by the state of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a). Finding of Fact: The subject site is located within Census Tract 46.03, where ABC license concentration standards allow for a maximum of three (3) off - sale licenses. There are a currently four (4) active off -sale license within the census tract, but the ABC License request will not increase that number as the license will be transferred from the existing 7 - Eleven convenience store located at 1395 W Kendall Drive within the same census tract. The Police Department reviewed the application for the Type 20 License and conducted an investigation based on the information provided and crime statistics in the surrounding area. Based off of their analysis, the Police Department recommended approval of the ABC Type 20 License subject to the Conditions of Approval. SECTION 4. Compliance with the California Environmental Quality Act. In accordance with §15060 of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 and concluded that Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01 is found to be exempt under §15332 (Infill Development) of CEQA due to the fact that: 1) the project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable Zoning District and regulations; 2) the proposed development occurs within city limits on a project site of no more than five (5) acres substantially surrounded by urban uses; 3) the project site has no value as habitat for endangered, rare or threatened species; 4) Conditions of Approval will be imposed to alleviate potential impacts; and, 5) there are no potentially significant effects relating to traffic, noise, air quality, or water quality that may result from the proposed construction of a service station with a convenience store, a drive thru restaurant, and a sit down restaurant. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5. Notice of Exemption. The Planning Division of the Community Development Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City's compliance with the California Environmental Quality Act in adopting the Categorical Exemptions. SECTION 6. — Subdivision 18-01, Conditional Use Permit 18-01, and Public Convenience or Necessity Letter 18-01, as approved by Ordinance, is incorporated herein by reference. SECTION 7. — Conditions of Approval. Subdivision 18-01, Conditional Use Permit 18- 01, and Public Convenience or Necessity Letter 18-01 is hereby approved subject to the following Conditions of Approval: 1. This approval is to allow the development, establishment and operation of a commercial center, along with the construction of the required on-site and off-site improvements, on a site comprised of three (3) parcels containing a total of approximately 3.50 acres. The proposed project will be constructed in three (3) phases, as follows: Phase 1 includes a service station with six (6) pump islands, convenience store containing approximately 3,128 square feet with an Type -20 (Off -Sale Beer and Wine) ABC License; Phase 2 includes a restaurant with drive-thru containing approximately 2,325 square feet; and, Phase 3 includes a restaurant containing approximately 6,088 square feet. The project site is located on the southwest corner of Kendall Drive and Shandin Hills Drive (APNs: 0266-521-17, 18, and 19) within the Commercial General (CG -1) Zone and Transit District (TD) Overlay. 2. The project site shall be developed and maintained in accordance with the plans stamped March 13, 2018 (EXHIBIT "A"), approved by the City, which includes a site plan, floor plans, exterior elevations, and concept landscaping plan on file in the Planning Division; the Conditions of Approval contained herein; and, the City's Municipal Code regulations. 3. Within two (2) years of the Development Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. 1E EXPIRATION DATE: April 4, 2020 The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items, thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys' fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as "Attorney's fees" for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. 6. Construction -related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall only occur Monday through Friday. 7. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 8. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code 19.28.120, Water Efficient Landscaping Standards, and to maintain a pedestrian friendly access to the site. 9. Minor modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 10. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Services Department and the City Clerk's Office/Business Registration Division. 11. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable. 12. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours of being reported. 0J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 14. All exterior lighting shall be contained within property lines and energy efficient with the option to lower or reduce usage when the facility is closed. 15. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets. 16. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. 17. Every six (6) months, over a period of two (2) years from the issuance of the Certificate of Occupancy, the Planning Division shall conduct an inspection of the business operations and property to ensure compliance with the Conditions of Approval to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to exist, the applicant shall submit an application, and appropriate application fee, for reconsideration by the Planning Commission. Police Department Conditions 18. Adequate Li ting. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot and exterior of the premises. Additionally, lights shall be installed and shall operate on each side of the exterior of the building. The position of all such lighting shall not disturb the normal privacy and use of any neighboring residences. These lights shall be maintained in good working order and shall remain on during darkness anytime the establishment is open. 19. Capacity. The venue capacity established for the premises by the San Bernardino County Fire Department shall not be exceeded at any time. 20. Complaints. A "complaint response community relations" program will be established and maintained by the owner. This program will include the following: a. Posting a permanent sign at the entry of the establishment listing the telephone number for the San Bernardino Police Department. b. Coordinating efforts with the Police Department to monitor community complaints about the activities of the establishment. Having a representative of the establishment reasonably available to meet with neighbors or the applicable neighborhood association on a regular basis or at their request to resolve any neighborhood complaints regarding the establishment. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. Compliance with Law. The owners, managers, renters, and every other person in charge of the premises or any event thereon must comply with all City, County, and State building, fire, zoning, and health regulations; all State and local noise and nuisance laws and ordinances; and all provisions of California law, the San Bernardino Municipal Code, and the San Bernardino City Charter. 22. Drug Paraphernalia: The sale of drug/tobacco paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5 shall be prohibited. "Drug Paraphernalia" means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000. 23. Exterior Signage. The following signs shall be required to be prominently posted in a readily visible manner on an exterior wall or fixture on each side of the building (not on windows) in English, Spanish and the predominant language of the patrons: "No Loitering," "No Drinking," "No panhandling or soliciting," and "It is illegal to possess an open container of alcohol in the vicinity of this establishment." 24. Extraordinary Law Enforcement Services. The owner shall be responsible for reimbursement costs to the City of San Bernardino for "Extraordinary" police services on the premises. Extraordinary police services are those defined under San Bernardino Municipal Code Section 8.82.010. 25. Graffiti. Any graffiti painted, drawn, marked, etched, or otherwise placed upon the premises or on any area under the control of the owner shall be removed or painted over within 48 hours. 26. Information to Police Department. Upon demand, the owner, lessee, manager, and employees must make available to any police official the current names and addresses of persons who are in the management or operation of the establishment. Additionally, the owner shall keep copies of all permits and licenses issued to the establishment readily available for inspection at the premises upon demand by any police official. 27. Interior Signage. The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture (not on windows) in English, Spanish and the predominant language of the patrons: "California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age." 28. Litter. The premises, parking lots, any area adjacent to the premises over which the owner of the establishment has control, and any area adjacent to the premises occupied or used by the establishment's patrons shall be kept free of litter and debris. These areas shall be cleaned of any litter upon the close of business each day. The owner shall be responsible 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for the posting of signs prohibiting litter around the exterior of the premises and in adjacent parking areas. 29. Loitering. The establishment's owner, manager, employees, and security officers shall be required to discourage loiterers and ask persons loitering longer than fifteen (15) minutes to leave the area and contact the Police Department for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so. 30. Noise. No music or other noise originating from the premises may extend beyond the property boundaries of the establishment. 31. Posting. A copy of these conditions for approval, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment. 32. Prohibited Vegetation. Exterior vegetation shall not be planted, maintained, or allowed to grow on the premises that could be used as a hiding place for persons. Exterior vegetation shall be planted and maintained in a manner that minimizes its use as a hiding place. 33. Public Phones. If public telephones are installed on the premises, they shall be installed in well -lighted locations and programmed for outgoing calls only. 34. Window Obstructions. No more than 25% of windows or clear doors shall bear advertising of any sort, and all advertising signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and obstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance. 35. Hours of Operation. Although the convenience store will be open 24 hours per day, seven days per week, the sale of alcohol shall be permitted only between the hours of 6:00 a.m. and 2:00 a.m. daily. 36. Miti atin Alcohol -Related Problems. Whenever alcohol is sold, furnished, or consumed on the premises, the establishment shall be required to mitigate alcohol-related problems that negatively impact those individuals living or working in the neighborhood and surrounding community. To that end, the following conditions relating to alcohol shall be imposed: a. No alcohol sales are permitted inside or outside the premises without a license issued by the California Department of Alcoholic Beverage Control. b. No alcohol will be sold or furnished to minors (anyone under the age of 21). c. No alcohol may be sold at any time to any patron appearing to be intoxicated. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 d. ® No wine sales shall be permitted in bottle or containers of less than 750 milliliters, unless sold in manufacturer multi -packs of no less than 4 pack quantities. e. ® No malt beverage products shall be sold with an alcohol content greater than five and one half percent by volume. f. ® The sale of wine with an alcoholic content greater than 14 percent by volume shall be prohibited unless in corked bottles and aged at least two (2) years. g. ® Beer or malt liquor sold individually in containers of 40 ounces or less shall be prohibited. h. ® No containers of beer or malt liquor shall be sold which are not in their original factory packages of 6 or greater. i. ® No cooler products, either wine or malt beverage based, shall be sold in less than 4 pack _ quantities. j. No persons shall be permitted to congregate outside the building or in the parking lots or other areas under the control of the owner and/or lessee. k. No violence, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise or litter shall be allowed on the premises, in the parking lots, on the streets surrounding the premises, in any area controlled by the owner of the premises and/or lessee or in any area occupied or used by patrons of the premises. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises or under the control of the licensee with the exception of other establishments licensed by the California Department of Alcoholic Beverage Control. No alcoholic beverages shall be consumed along the exterior of the establishment, in any parking area, or on any adjacent city street or alleyway. in. The owners and all employees of establishments involved in the sale of alcoholic beverages complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training with sixty (60) days of the Conditional Use Permit 18-01 and Public Convenience or Necessity Letter 18- 01 -approval, or within sixty (60) days of hire for employees hired after that date. To satisfy this requirement, the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The RBS course shall include at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify minors and persons already intoxicated. The establishment may elect to send only supervisory employees to the RBS training, who would then be responsible for training all employees who are involved in the sale of alcoholic beverages. 37. Security Cameras. If security cameras are installed on the premises, all criminal and suspicious activities recorded by or viewed on such surveillance equipment must be 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reported to local law enforcement. To the extent allowed by law, the establishment owner, manager, and employees are required to provide any footage, tapes, or other recording media from the security cameras to the Police Department. Number of cameras needed: at least two _(2) 24 hour time lapse security cameras. Land Development Division Conditions 38. Drainage and Flood Control a. A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of-way dedicated as necessary. b. The detention basin shall be designed in accordance with "Detention Basin Design Criteria for San Bernardino County." Retention basins are not acceptable. C. The development is located within Zone X (shaded) on the Federal Insurance Rate Maps on booklet #06071C7945H with year 08/28/2008 and may be subject to sheet overflow to a depth of less than 1 foot in a 100 -year storm. Therefore, all building pads shall be raised above the surrounding area as approved by the City Engineer. d. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. e. If site drainage is to be outlet into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. f. A Preliminary Full -Categorical Water Quality Management Plan (WQMP) is conceptually approved with minor comments to incorporate into the Final WQMP Plan. Comments will be provided to the Engineer. g. Direct connection to the existing catch basin or storm drain shall not be allowed unless approved by Public Works Department in writing. h. A Final Full -Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino's Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP. A CD copy of the approved WQMP and Hydrology Study shall be required prior to grading permit issuance. i. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. j. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I1MG k. All contaminated drainage from spills in the vicinity of the fuel dispensers shall be contained in a tank on-site and properly disposed of by hauling to an approved contaminated waste disposal facility. Contaminated drainage shall not be discharged into the City streets or storm drain system. 1. The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. Grading and Landscaping a. The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. b. If more than 5,000 cubic yards of earthwork is proposed, the grading shall be supervised in accordance with Section 3317.2 of the California Building Code. C. The applicant must post a grading bond prior to issuance of a grading permit. The amount of the bond is to be determined by the Land Development Division. d. If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. C. If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. f. Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6" high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5' deep and may overhang the landscaping or walkway by 2.5'. Overhang into the setback area or into an ADA path of travel (minimum 4' wide) is not permitted. g. Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 h. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel. The minimum size of the refuse enclosure shall be 8 feet x 15 feet for bins storage area. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3' wide by 6 " high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. i. Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on- site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. j. This project is located in the high wind zone. All walls and fences shall be designed to meet current CBC requirements. All construction details shall be included on the appropriate plan. Structural calculations shall be provided for City review. k. No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner's agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. 1. The Drive-through lane and the parking area adjacent to the building shall be constructed of PCC concrete pavement. in. The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and Photometric plot shall be provided which show that the proposed on-site lighting design will provide: • 1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and • 0.25 foot-candles security lighting during all other hours. n. The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. o. An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P. A reciprocal easement shall be recorded prior to grading plan approval for reciprocal drainage, access, sewer, and/or parking proposed to cross lot lines. q. The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking. r. Prior to occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one year. S. The public right-of-way, between the property line and top of curb (also known as "parkway") along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project's on-site landscape plan, unless the parkway area is included in a Landscape and Lighting Maintenance District, in which case, a separate landscape plan shall be provided. t. All electrical transformers located outdoors on the site, shall be screened from view with a solid wall or landscaping and shall not be located in any setback/right-of-way area. If the transformer cannot be screened, it shall be located in an underground vault unless approved by the City Engineer pursuant to Section 19.30.110. 40. Landscape Maintenance District a. The project is located in an existing AD 959. Any modification or work within the assessment boundary shall be approved by Real Property Division. b. The landscape along Shandin Hills Drive shall be consistent with the existing landscape presented in AD 1042 to the South. C. A standard mow strip shall be installed to delineate private landscape and assessment district landscape (2' turf area) on Kendall Drive. d. Prior to sale of each parcel, the Developer shall provide the City's Real Property Section of the Public Works Division with a signed copy of the "Notice of Assessment District" disclosure for each property purchaser. 41. Utilities a. Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b. The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. C. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d. This project is located in the sewer service area maintained by the City of San Bernardino Municipal Water Department. Therefore, any necessary sewer main extension shall be designed and constructed in accordance to the requirements of SBMWD. e. An approved plumbing plan and permit from Water Department Environmental Health shall be obtained for the proposed restaurant prior to Building permit issuance. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f. Utility services shall be placed underground and easements provided as required. g. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. h. Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On -Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 42. Mapping a. A Parcel Map is proposed for this development. The Parcel Map based upon field survey shall be required. b. The applicant's surveyor/engineer shall submit a Parcel Map with supporting documents for review and approval to Land Development. The Parcel map shall be recorded prior to Building Permit issuance. 43. Street Improvement and Dedications a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: L C. Q C. f. Street Name Right of Wa ft. Curb Line ft Kendall Drive 70' (Existing) Existing Shandin Hills Drive 44' (Existing) Existing If the existing sidewalk and/or curb & gutter adjacent to the site are in poor condition, the sidewalk and/or curb & gutter shall be removed and reconstructed to City Standards. Curb & Gutter shall conform to Standard No. 200, Type "B" and sidewalk shall conform to Standard No. 202, Case "A" (6' wide adjacent to curb), unless otherwise approved by the City Engineer. At all curb returns within and adjacent to the project site, construct accessible curb ramps in accordance with Caltrans or Green Book Standards to comply with current ADA accessibility requirements. Dedicate sufficient right-of-way at the corner to accommodate the ramp. Construct Driveway Approaches per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. Curb returns at the Southwest corner of Kendall Drive and Shandin Hills Drive shall be constructed with a 35 -foot radius. An encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City's right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 g. Kendall Dive and Shandin Hills Drive shall have a 0.20 and 0.10 foot grind and asphalt concrete overlay to the centerline of the project site frontage respectively. h. Install LED Street Lights on Shandin Hills Drive along project frontage in accordance with City Standard Nos. SL -1 and SL -2. Also, a separate light plan shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. i. The existing street light along the project frontage shall be replaced with an LED lamp. j. Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. k. The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. 44. Required Engineering Plans a. A complete submittal for plan checking shall consist of - 0 f■ street improvement plans (may include street lights or street lighting may be separate plan), ■ sewer plans (Private sewers may be shown on on-site improvement plan; public sewers must be on a, separate plan with profile submitted to SBMWD), ■ storm drain plans (Private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile), traffic signal plans, ■ signing and striping plan (may be on sheets included in street improvement plan), ■ lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), ■ grading (may be incorporated with on-site improvement plan), ■ on-site improvement plans and on-site landscaping and irrigation, ■ water plans (shall be submitted to San Bernardino Municipal Water Department), • other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. ■ All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) b. All off-site improvement plans submitted for plan check shall be prepared on the City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided. C. After completion of plan checking, final mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval. d. Copies of the City's design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are 19 1 2 3 4 5 6 7 8 151 16 17 18 19 20 21 22 23 24 25 26 27 28 also available at no charge at the Public Works Web Site at httl2://www.sbcitv.org 45. Phasing a. The project is proposed to be developed in phases, each individual phase shall be designed to provide maximum public safety, convenience for public service vehicles, and proper traffic circulation. In order to meet this requirement, the following will be required prior to the finalization of any phase: b. Improvement plans for the total project or sufficient plans beyond the phase boundary to verify the feasibility of the design shall be complete to the satisfaction of the City Engineer and/or Building Official. C. A Plan shall be submitted for review and approval by the Engineering Division, Fire, and Planning Departments, indicating what improvements will be constructed with the given phase, subject to the following: d. Drainage facilities, such as storm drains, channels, earth berms and block walls, shall be constructed, as necessary, to protect the development from off- site flows: e. A properly designed water system shall be constructed, which is capable of providing required fire flow, perhaps looping or extending beyond the phase boundaries. f. Easements for any of the above and the installation of necessary utilities shall be completed; and, g. Phase boundaries shall correspond to the lot lines shown on the approved tentative map. 46. Required Engineering Permits a. Grading permit. b. On-site improvements construction permit (except buildings - see Development Services -Building Division), including landscaping. C. Off-site improvement construction permit. IM Applicable Engineering Fees a. All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. b. The current fee schedule is available at Public Works or http://www.sbcitv.ori1 48. Traffic Requirements a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan approval. Building and Safety Division Conditions 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 49. This is a formal submittal to the building Division and shall include all required documents, which includes a soils report, when determined to be required. 50. Address the requirements of the California Green Code 2016 for all debris. Check the VOC forms per code. 51. Check Chapter 3 of the California Building Code for the Occupancy Requirements and Chapter 4 for the Special Use Requirements. 52. As a reminder the Building Department submittal is separate from the Fire Department. Please show location of all existing hydrants. 53. Refer to Chapter 11 B of the California Building Code 2016 for ADA Requirements. 54. Refer to Section 105 Permits for all required permits of the California Building Code 2016. San Bernardino County Fire District Conditions 55. Shall comply with all Building, Fire Codes and Fire District standard requirements based on occupancy classification. 56. Any changes to this proposal shall require a new Fire District condition letter. 57. Any changes to the approved life safety system shall require plans to be submitted to the Fire District prior to construction including fire sprinklers, fire alarms, underground water supply for fire protection, cooking appliances and Hood protections. 58. Monitored fire sprinkler system is required for the proposed building(s). Plans shall be submitted to the FD prior to construction. PER CFC 903.2.1.1. 59. Knox Box/Key Box is required in sprinklered buildings, and shall be provided and installed in accordance with CFC & Fire Department Standard. 60. Required fire flow for this project shall meet the minimum requirements established in the California Fire Code. 61. An approved on-site fire protection water system in accordance with the Fire District standard is required. The system is required to be in place and serviceable prior to building construction. 62. An approved water supply system, complete with street fire hydrants complying with the Fire District standard shall be in place prior to any combustible construction. 63. Provide a complete on-site fire protection plan to the Fire District which indicates the location of all required fire protection appliances (FDCs, PIVs, DDCs, proposed and existing fire hydrants, etc.). 21 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28. 64. Fencing, walls or car ports shall not obstruct Fire Department access to fire hydrants and property. 65. Provide the following FD notes on the site utility plan: a. A separate permit is required by the Fire Department for installation of on-site water systems. No work may begin until the permit has been obtained. A permit application may be obtained from Fire Prevention. b. All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the hydrants per Fire Department Standard. c. Paint curbs red, 15' to either side of fire hydrant and FDC. d. Fire Department Connection required within 50 feet of a hydrant. e. Bollards (crash posts) may be required at time of final inspection (to protect the fire hydrants and FDC from vehicular traffic). f. Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and 500 for residential areas. 66. Premise and Building Identification and addressing shall be a minimum of 12 inches in height. 67. All required access roads shall meet county standards of 26' in width and turning radius. Plans shall be submitted and approved prier to construction commencement. 68. All underground fuel tanks shall be submitted to the County CUPA for review. 69. Fire Sprinklers are required for this project. When occupant load is over 100 in A-2 occupancy type and/or building is over 5,000 square feet per San Bernardino County Ordinance. 70. Fire Riser room is required. See County Standard requirements. 71. Fire extinguishers are required throughout. All spacing shall meet CFC for spacing and size. 72. All Exiting shall comply with the California Fire Code and Building Code for travel distance, lineal feet, and width. 73. If a fire suppression system is installed, a separate submittal is required (Hood systems, FM 200). 74. Annual Fire Department Permit is required. Contact 909-918-2201 for information. 111 111 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION AND APPROVING SUBDIVISION 18-01, CONDITIONAL USE PERMIT 18-01, A REQUEST TO ALLOW A SERVICE STATION AND CONVENIENCE STORE WITH A TYPE 20 (OFF -SALE BEER & WINE) ABC LICENSE, A DRIVE-THRU RESTAURANT, AND A SIT DOWN RESTAURANT, AND FINDING OF PUBLIC CONVENIENCE OR NECESSITY LETTER 18-01 ON A SITE OF APPROXIMATELY 3.5 ACRES LOCATED ON THE SOUTHWEST CORNER OF KENDALL DRIVE AND SHANDIN HILLS DRIVE WITHIN THE COMMERCIAL GENERAL (CG -1) ZONE AND TRANSIT DISTRICT (TD) OVERLAY I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 4th day of April 2018, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ V BARRIOS X VALDIVIA X SHORETT y NICKEL�� RICHARD MULVIHILL )' ABSTAIN ABSENT C /1.of Georgean arena, CAC, City Clerk The foregoing Resolution is hereby approved this 4th day of Approved as to form: Gary D. Saenz, City Attorney By: 23 11 R. Carey D City of San 2018. Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 221 23''. 24 25 26 27 28 EXHIBIT A APPROVED PLANS 24 via 496 il 4�t 1`��'