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HomeMy WebLinkAbout2018-1291 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 the development is a permitted use within the Commercial General (CG -1) Zone, subject to the approval of a Conditional Use Permit with appropriate Conditions of Approval and CEQA Determination. Therefore, the proposed project would be compatible with the surrounding land uses and consistent with the General Plan. Finding No. 3: Approval of the Conditional Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and § 19.20.03 0(6) of the Development Code. Finding of Fact: The project is exempt from environmental review under CEQA §15332 (In -Fill Development Projects), and complies with the requirements of Development Code §19.20.030(6). The project location is an in -fill site located in an urbanized area and is surrounded by existing commercial and residential development. Additionally, the proposed project will be service by a full range of public services and utilities. No environmental impacts are anticipated from the proposed development, establishment and operation of the proposed use. Therefore, approval of the proposed project would not result in any impacts on the environment. Finding No. 4: There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored through the imposed Conditions of Approval. Finding of Fact: The project site is an in -fill lot and the surrounding area is urbanized. Therefore, no significant negative impacts on the environment are anticipated to result from the restaurant with drive-thru and multi -tenant retail buildings. Finding No. 5: 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 design is in compliance with the Development Code requirements that are applicable to location, height and setbacks for commercial development with drive-thrus and multi -tenant retail buildings. The proposed buildings will be located along N. Waterman Avenue adjacent to existing commercial and residential uses. Access to the subject property will be throuP two (2) driveways located along E. Country Club Lane and E. 29t Street. Additionally, the proposed project design will provide a decorative wall and landscaping in order to mitigate noise that may be audible anywhere on adjacent property or 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24i 25 26 27 28 public right-of-way. Therefore, the design of the project will ensure that the project will not create any significant noise, traffic, or other conditions that would be detrimental or objectionable to other uses in the vicinity or adverse to the public health, safety, convenience, or welfare of the City. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The site is physically suitable for the type and density/intensity of the project being proposed as evidenced by project compliance with all applicable Development Code Standards. The size of the project site is adequate to accommodate the proposed improvements, in compliance with the requirements of the Development Code. 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. Finding of Fact: The site has direct access from E. Country Club Lane and E. 29`' Street. All agencies responsible for reviewing access and providing water, sanitation and other public services to the site have had the opportunity to review the proposal, and none indicated inability to serve the project site. Establishment of the proposed project, subject to Conditions of Approval, will not be detrimental to public services or public health and safety. SECTION 4. Compliance with the California Environmental Quality Act. — In accordance with § 15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Conditional Use Permit 17-22 and concluded that Conditional Use Permit 17-22 is found to be exempt under §15061(b)(2) (Review for Exemption) of CEQA. Pursuant to §15332 (In -Fill Development Projects) of CEQA, a Class 32 Categorical Exemption consists of projects characterized as in -fill development meeting the conditions contained within §15332 of CEQA. The Planning Division staff has analyzed proposed Conditional Use Permit 17-22 and has determined that it is Categorically Exempt from CEQA pursuant to §15332 of the CEQA Guidelines due to the fact that: 1) the project is consistent the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; 2) the proposed development is located within the City limits on less than five (5) acres; 3) Conditions of Approval will be imposed to alleviate potential impacts; and, 4) there are no additional potential significant environmental impacts that may result from the proposed development, establishment and operation of the proposed use. 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 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 certifying the City's compliance with California Environmental Quality Act in adopting the Categorical Exemption. SECTION 5. — Conditions of Approval: Conditional Use Permit 17-22, is hereby approved subject to the following Conditions of Approval: 19 This is an approval to allow the development, establishment and operation of a restaurant with drive-thru containing approximately 2,237 square feet and a multi -tenant retail building containing approximately 2,978 square feet, along with the construction of the required on-site and off-site improvements, on a parcel containing approximately 0.67 acres located at 2855 N. Waterman Avenue within the Commercial General (CG -1) Zone. The project site shall be developed and maintained in accordance with the plans stamped May 2, 2018 (EXHIBIT "A"), approved by the City , which includes a site plan, floor plans, and exterior elevations 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 Conditional Use 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 Conditional Use 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. EXPIRATION DATE: MAY 2, 2020 4. The review authority may grant a time extension, for good cause, not to exceed 12 months. The applicant must file an application, the processing fees, and all required submittal items, 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. 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 Conditional Use Permit, this 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 condition shall remain in effect if the Conditional Use 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 p.m. and 7:00 a.m. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 a.m. or leave the site after 8:00 p.m. Construction activities may only occur Monday through Saturday. 7. Any proposed perimeter fencing or walls shall be constructed of decorative materials (e.g. slump stone, stucco, or split -face block with cap rock). Both sides of the wall shall have decorative finish. 8. All exterior lighting shall be shielded or recessed so that direct glare and reflections are contained within the boundaries of the site, shall be directed downward and away from adjoining properties and shall be energy efficient with the option to lower or reduce usage when the facility is closed. All lighting fixtures shall be decorative and appropriate in scale, intensity, and height to the use. 9. Music and operational noise shall not exceed the standards in §19.20.030 of the Development Code and the City of San Bernardino Municipal Code §8.54 (Noise Control). 10. Noise from the speaker system for the restaurant with drive-thru shall not be audible beyond the property line at any time. The speaker system shall have a volume control feature, and speaker volume shall be reduced during the evening and early -morning hours if necessary. 11. If the color of any of the buildings, walls or fences or other exterior finish material is to be modified, the revised color scheme and/ or finish materials shall be reviewed and approved by the Planning Division prior to commencement of work. 12. The project landscape plans shall be prepared in accordance with Development Section 19.28.120, Water Efficient Landscaping Standards. Landscaping shall be provided to buffer and reduce noise impacts on surrounding properties. 13. The windows shall provide an unobstructed view to the inside of the premises at all times. Window signage shall not comprise more than 25% of the window area. 14. Minor modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 15. The property owner(s), facility operator and property management shall be responsible for regular maintenance of the 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 within 24 hours of being report of being reported. 7 1 21 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 16. Signs are not approved as a part of this permit. Prior to establishing any new signs, the applicant shall submit an application and received approval for a Sign Permit from the Planning Division. 17. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, and California Board of Equalization), as applicable. 18. Submittal requirements for permit applications (building, site improvements, landscaping, etc.) to Building Plan Check and/or Public Works/Engineering shall include all Conditions of Approval and Standard Requirements issued with the Planning approval, printed on the plan sheets. 19. 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. Building and Safety Division 20. The project will require a formal plan submittal with plans submitted by a professional. 21. The submittal will be governed by the California Building Codes 2016 cycle. 22. The California Green Code is strongly enforced in the City of San Bernardino. 23. A Geotechnical Report will be required per California Building Code Section 1803. 24. A San Bernardino County Fire District submittal will be required. 25. The project will also have to comply with all Municipal Codes set down by the City of San Bernardino. 26. All easements shall be in written form on plans. 27. All ADA requirements set forth by Chapter 11 of the 2016 California Building Code will be maintained. 28. Plans will be approved by all Divisions of the Community Development Department prior to permit issuance. San Bernardino County Consolidated Fire District 29. Shall comply with all current Building, Fire Codes and Fire Department Standards requirements based on occupancy classification. 30. Any changes to this proposal shall require new Fire Department condition letter. 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 31. Any changes to the approved life safety system shall require plans to be submitted to the FD prior to construction including the following; (Fire Sprinklers, Fire Alarms, Underground water supply for fire protection, Cooking appliances & Hood protections.). 32. Knox Box/Key Box is required, and shall be provided and installed in accordance with CFC & Fire Department Standard. 33. An approved on-site fire protection water system, in accordance with Fire Department Standard is required. The system is required to be in place and serviceable prior to building construction. 34. Provide the following FD notes on the site utility plan: • 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. • All hydrants shall have a blue reflective dot placed in the drive lane adjacent to the hydrants per Fire Department Standard. • Paint curbs red, 15' to either side of fire hydrant and FDC. • Fire Department Connection required within 50 feet of a hydrant. • Bollards (crash posts) may be required at time of final inspection (to protect the fire hydrants and FDC from vehicular traffic). • Public fire hydrants are required along streets at intervals not to exceed 300 feet for commercial and 500 for residential areas. 35. Premise and Building identification and addressing shall be a minimum of 12 inch in height. 36. Fire extinguishers are required throughout. All spacing shall meet the CFC for spacing and size. 37. All Exiting shall comply with the California Fire Code and Building Code for travel distance, lineal feet, and width. 38. If a fire suppression system is installed a separate submittal is required. (Hood systems, FM 200) Land Development Division 139. 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. 9 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 b. The development is located within Zone X of the Federal Insurance Rate Maps on booklet #06071 C7944H with year 08/28/2008. c. 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. d. 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. e. A Preliminary Full -Categorical Water Quality Management Plan (WQMP) is conceptually approved with minor comments to incorporate into the Final WQMP Plan. Comments have been provided to the Engineer. f. 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. g. 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. 40. 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. 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 Building Official. c. 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. d. 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. 10 1 2 3 4 5, 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 e. 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. f. 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. g. 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. h. 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. i. 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. j. The Drive-through lane and the parking area adjacent to the building shall be constructed of PCC concrete pavement. k. 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: 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 • 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. 1. 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. m. 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. n. A Lot Merger is required for this project. The applicant is directed to the City's web page at www.sbcity.org — Departments — Public Works — Submittal Requirements for submittal requirements. o. 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. p. 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. q. 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. r. 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. s. No permanent structure shall be constructed within the rear 5'of each lot dedicated as public utilities easement on Tract 3546, M.B. 46/72. 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. 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 17 23 24 25 26 27 28 d. This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. e. Utility services shall be placed underground and easements provided as required. f. All existing overhead utilities adjacent to or traversing the site on either side of the street shall be placed underground in accordance with Section 19.20.030 of the Development Code. g. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. 42. 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: Street Name Right of Way(ft.) Curb Line(ft) Waterman Avenue 55 (Existing) (Existing) Country Club Lane 30 (5' Dedication Required) 20 (Proposed) 29th Street 30 (Existing) Existing b. Waterman Avenue i. 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. ii. Remove existing driveway approaches that are not part of the approved plan and replace with full height curb & gutter and sidewalk. iii. Install one (1) LED Street Lights adjacent to the site 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. iv. Waterman Avenue shall have a 0.20 foot grind and asphalt concrete overlay to the centerline of the project site frontage. 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 c. Country Club Lane i. 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. ii. Re -Construct Driveway Approaches per City Standard No. 204, Type II, to include an accessible by-pass around the top of the drive approach. iii. Country Club Lane shall have a 0.20 foot grind and asphalt concrete overlay to the centerline of the project site frontage. iv. If the existing curb ramp at the Northeast corner of Country Club Lane and Waterman Avenue does not meet current accessibility standard, the curb ramp shall be reconstructed/upgraded to meet current Caltrans or Green Book Standards. Dedicate sufficient right-of-way at the corner to accommodate the ramp. d. 291i Street i. 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. ii. Re -Construct Driveway Approaches per City Standard No. 204, Type II, to include an accessible by-pass around the top of the drive approach. iii. Construct accessible curb ramps at the Southeast Corner of 291i Street and Waterman Avenue in accordance to Caltrans or Green Book Standards to comply with current ADA accessibility requirement. Dedicate sufficient right-of-way at the corner to accommodate the ramp. e. 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. Public facilities shall be restored or constructed back to Public Works Department satisfaction. f. 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. 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 43. Required Engineering Plans a. A complete submittal for plan checking shall consist of: ■ 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), ■ 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 also available at no charge at the Public Works Web Site at http://www.sbcity.org 44. 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. 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 45. 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 the Public Works Counter and at http://www.sbcit%:.or,-, 46. Traffic Re(;uirements a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer and CalTrans' requirements prior to Street Improvement plan approval. b. In addition to all Traffic mitigation measures required by the City Traffic Engineer and CalTrans, the following mitigation measures shall be implemented prior to Street Improvement plan approval: i. Sidewalk barriers such as a gate with a sign to prevent crossing at E. 29a' Street and Country Club Lane on N. Waterman Avenue. ii. Crosshatching on E. 29b Street with a "Keep Clear" zone at N. Waterman Avenue intersection. iii. Left-hand turn lane pocket/arrow going southbound on N. Waterman Avenue onto Country Club Lane. I' Public Works Department Integrated Waste Management 47. During the demolition/construction developer and contractor to use services through the City of San Bernardino's exclusive franchised hauler Burrtec Waster Industries. 1I 48. The proposed refuse enclosure location for the restaurant is acceptable. 49. If possible shift retail building refuse enclosure away from drive-thru entrance. 50. Construct Standard Plan 508 refuse enclosures with 8'X15' interior dimensions for bin storage. 51. Work with the Building Division to modify the refuse enclosures to meet ADA Access requirements. ADA access requirements are in addition to the 8'X15' interior dimensions for bin storage. 52. If gated, provide access by means of a gate key, code, or remote. 53. Assembly Bill 341 Mandatory Commercial Recycling may apply. 54. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. 16 X 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 55. Upon completion, service is provided through the City of San Bernardino's exclusive franchised hauler Burttee Waste Industries. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 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 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DENYING APPEAL 18-01, THEREBY UPHOLDING THE PLANNING COMMISSION'S ADOPTION OF THE CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT 17-22 FOR THE CONSTRUCTION OF A RESTAURANT WITH DRIVE-THRU AND A MULTI - TENANT RETAIL BUILDING ON A PARCEL CONTAINING APPROXIMATELY 0.67 ACRES LOCATED AT 2855 N. WATERMAN AVENUE 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 2nd day of May 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS %� S VALDIVIA SHORETT) NICKEL RICHARD MULVIHILL y_ .1 Georgeann` arena, CMC, ' y Clerk The foregoing Resolution is hereby approved this 2nd day of May 2018. �t / � c� R. Carey Davis, ayor City of San Be ardino Approved as to form: Gary D. Saenz, City Attorney By: C:�:r L— 18 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 EXHIBIT A APPROVED PLANS wt {T1 T C �1i ro Suns •r.�l�pys`i43`�r',:V'�;. 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