HomeMy WebLinkAbout2018-2151
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RESOLUTION NO. 2018-215
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION,
AND APPROVING CONDITIONAL USE PERMIT 17-29 AND PUBLIC
CONVENIENCE OR NECESSITY LETTER 18-03 TO ALLOW THE DEVELOPMENT
OF A SERVICE STATION AND CONVENIENCE STORE WITH AN ALCOHOLIC
BEVERAGE CONTROL TYPE -20 (OFF -SALE BEER & WINE) LICENSE ON TWO (2)
PARCELS CONTAINING A TOTAL OF APPROXIMATELY 1.4 ACRES LOCATED AT
1195 S. WATERMAN AVENUE (APN: 0280-142-25 AND 36) WITHIN THE
INDUSTRIAL LIGHT (IL) ZONE.
WHEREAS, on December 7, 2017, pursuant to the requirements of Chapter 19.42
(Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), Chapter 19.36
(Conditional Use Permit), §19.08.020 (Development Permitted and Conditionally Permitted
Uses -Industrial Zones), §19.06.030.2.B Article II, Section II (Alcohol Beverage Sales),
§19.06.030.2.F (Convenience Stores) and §19.06.030.2.T (Service Stations) of the City of San
Bernardino Development Code, an application for Development Code Amendment (Zoning
Map Amendment) 17-09, Conditional Use Permit 17-29 and Public Convenience and
Necessity Letter 18-03 was duly submitted by:
Property Owner: Pannipa Pornphongpan
PO Box 138
Loma Linda, CA 92354
Project Applicant: Evergreen — Orange Show & Waterman LLC
2390 E Camelback Rd, Suite 410
Phoenix, AZ 85016
Property Address: 1195 S. Waterman Avenue
APN(S): 0280-142-25 and 36
WHEREAS, Development Code Amendment (Zoning Map Amendment) 17-
09 is a request to allow the change of the Zoning District Classification from Office Industrial
Park (OIP) to Industrial Light (IL) of two (2) parcels (APN: 0280-142-25 and 36) containing a
total of approximately 1.4 acres; and
WHEREAS, Conditional Use Permit 17-29 is a request to allow the development,
establishment and operation of a service station with six (6) pump islands (canopy: 2,400
square feet), three (3) diesel truck fueling islands (canopy: 2,100 square feet) and a
convenience store containing approximately 3,806 square feet with an Alcoholic Beverage
Control Type -20 (Off -Sale Beer and Wine) License, along with the construction of the
required on-site and off-site improvements, on a project site comprised of two (2) parcels
containing a total of approximately 1.4 acres; and
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WHEREAS, Public Convenience or Necessity Letter 18-03 is a request to allow an
Alcoholic Beverage Control Type -20 (Off -Sale Beer and Wine) License in connection with
the proposed convenience store; and
WHEREAS, the Planning Division of the Community Development Department has
reviewed Development Code Amendment (Zoning Map Amendment) 17-09, Conditional Use
Permit 17-29 and Public Convenience or Necessity Letter 18-03 for consistency with the City
of San Bernardino General Plan and compliance with the City of San Bernardino
Development Code and California Government Code; and
WHEREAS, pursuant to requirements of §15060(c) of the California Environmental
Quality Act, the Planning Division of the Community Development Department evaluated
Development Code Amendment (Zoning Map Amendment) 17-09, Conditional Use Permit
17-29 and Public Convenience or Necessity Letter 18-03; and
WHEREAS, on June 12, 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, Development Code Amendment (Zoning Map Amendment) 17-
09, Conditional Use Permit 17-29 and Public Convenience or Necessity Letter 18-03 and at
which meeting, the Planning Commission considered the Mitigated Negative Declaration,
General Plan Amendment 16-07, Development Code Amendment (Zoning Map Amendment)
16-08, Conditional Use Permit 16-17, and Public Convenience or Necessity Letter 17-01; and
WHEREAS, notice of the July 18, 2018 public hearing for the Mayor and City
Council's consideration of the proposed Resolution was published in The Sun newspaper on
July 6, 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 Chapters 19.52 and 19.36 of the City of
San Bernardino Development Code, the Mayor and City Council has the authority to take
action on Conditional Use Permit 17-29 and Public Convenience or Necessity Letter 18-03.
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 — Conditional Use Permit 17-29.
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 project is to allow development, establishment and
operation of a service station with six (6) pump islands, three (3) diesel
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truck fueling islands, including a request for an Alcohol Beverage
Control Type -20 (Beer & Wine) license and Public Convenience or
Necessity Letter in conjunction with new construction of a convenience
store containing approximately 3,806 square feet, which are
conditionally permitted uses pursuant to Development Code
§19.08.020. The project site is located in the Office Industrial Park
(OIP) Zone and is surrounded by existing light industrial development.
The proposed development will comply with all applicable
Development Code standards, such as parking landscaping, building
setbacks and height, etc. for Industrial Light (IL) Zones. Further, the
development of the subject property will enhance the appearance of the
underutilized property. Therefore, the project would not impair the
integrity and character of the subject land use district or be detrimental
to surrounding properties.
Finding No. 2: The proposed use is consistent with the General Plan.
Finding of Fact: General Plan Land Use Element Goal 2.4 — Enhance the quality of life
and economic vitality in San Bernardino by strategic infill of new
development and revitalization of existing development.
The proposal to develop, establish and operate a service station with six
(6) pump islands, three (3) diesel truck fueling islands, including a
request for an Alcoholic Beverage Control Type -20 (Off -Sale Beer and
Wine) License and Public Convenience or Necessity Letter in
conjunction with new construction of a convenience store containing
approximately 3,806 square feet is consistent with several General Plan
goals and policies. The Land Use Element (Table LU -2) lists the
intended uses for the Industrial Light (IL) Zone, and permits a variety
of light industrial uses, including warehousing/distribution, assembly,
light manufacturing, research and development, mini storage, and repair
facilities conducted within enclosed structures as well as supporting
retail and personal uses. Land Use Policy 2.2.1 requires compatibility
between land uses and quality design. Economic Development Policy
4.1.1 seeks out businesses that create jobs and generate sales tax
revenue. The proposed project will expand job opportunities within the
City. Furthermore, the proposed project will involve construction of a
new retail building with quality design elements that will be compatible
with other commercial uses within the surrounding area. Therefore the
proposed project would be compatible with surrounding land uses and
consistent with the General Plan.
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.
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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 infill site
located in an urbanized area and is substantially surrounded by existing
light industrial development. Approval of the proposed project would
not result in any impacts on the environment. The scale and density of
the proposed development conforms to the development standards of
the Industrial Light (IL) Zone. 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 § 15063 of the California Environmental Quality Act
(CEQA), an Initial Study/Mitigated Negative Declaration was prepared
in connection with General Plan Amendment 16-07, Development
Code Amendment (Zoning Map Amendment) 16-08, Conditional Use
Permit 16-17 and Public Convenience or Necessity Letter 17-01 for the
development, establishment and operation of an service station,
convenience store, and express drive-thru carwash facility along with
the construction of the required on-site and off-site improvements. In
accordance with §15097 of CEQA, a Mitigation Monitoring and
Reporting Program has been prepared in order to ensure that the
mitigation measures are implemented to prevent potential
environmental impacts.
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: In accordance with § 15063 of the California Environmental Quality Act
(CEQA), an Initial Study/Mitigated Negative Declaration was prepared
in connection with General Plan Amendment 16-07, Development
Code Amendment (Zoning Map Amendment) 16-08, Conditional Use
Permit 16-17, and Public Convenience or Necessity Letter 17-01 for the
development, establishment and operation of an service station,
convenience store, and express drive-thru carwash facility along with
the construction of the required on-site and off-site improvements. In
accordance with §15097 of CEQA, a Mitigation Monitoring and
Reporting Program has been prepared in order to ensure that the
mitigation measures are implemented to prevent potential
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environmental impact. Therefore, the proposed service station,
convenience store, and express drive-thru carwash facility will be
completed in a manner so that it is consistent with the surrounding area,
and no significant negative impacts on the environment are anticipated.
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, and express drive-thru
carwash facility is permitted within the proposed Commercial General
(CG -1) Zone, subject to the approval of a General Plan Amendment,
Development Code Amendment (Zoning Map Amendment) and
Conditional Use Permit 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 16-17 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.
Finding of Fact: There are adequate provisions for public access, public utilities, and
public services for the proposed service station, convenience store, and
express drive-thru carwash facility. 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 and Mitigation Measures, the proposed development under
Conditional Use Permit 16-17 will not be detrimental to public services
or public health and safety.
SECTION 3. Findings of Fact -_Public Convenience or Necessity Letter 17-01.
Finding No. 1: 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 proposed Type 21 ABC (Off -Sale General) License is
recommended for denial, due to the over concentration of off -sale
licenses, the proximity to an existing elementary school, the intensity of
the license type, and the proposed 24 hour operations of the proposed
convenience store. Only two (2) off -sale licenses are permitted in
Census Tract 124, but there are currently twelve (12) active off -sale
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licenses, nine (9) are Type 20 ABC (Off -Sale Beer & Wine) Licenses,
and three (3) are Type 21 ABC (Off -Sale General) Licenses. Urbite
Elementary School is located only approximately 525 feet from the
proposed convenience store. Therefore, an Alcoholic Beverage Control
Type -20 (Off -Sale Beer & Wine) License is appropriate in favor of an
Alcoholic Beverage Control Type -21 (Off -Sale General) License for
the proposed convenience store because the intensity of Type -21 (Off -
Sale General) licenses should be limited to Supermarkets and larger
establishments where the sale of alcohol is not the predominant
function of the business. Additionally, the Public Convenience or
Necessity Letter fails to make an adequate justification as to for why an
Alcoholic Beverage Control Type -21 (Off -Sale General) License,
rather than an Alcoholic Beverage Control Type -20 (Off -Sale Beer &
Wine) License is necessary for the public convenience.
SECTION 4. Compliance with the California Environmental QualiV Act. The Mayor
and City Council having independently reviewed and analyzed the record before it, including the
Initial Study/Mitigated Negative Declaration pursuant to§ 15063 (Initial Study) of CEQA , and
written and oral testimony, and having exercised their independent judgment, find that
Conditional Use Permit 16-17 and Public Convenience or Necessity Letter 17-01 was will
have no significant adverse effect on the environment that could not be properly mitigated; and,
find that the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program
as accepted by the Planning Division of the Community Development Department as to the
effects of proposed Conditional Use'Permit 16-17 and Public Convenience or Necessity Letter
17-01, has been completed in compliance with CEQA and is hereby adopted and incorporated
herein by reference.
SECTION 5. Notice of Determination. The Planning Division of the Community
Development Department is hereby directed to file a Notice of Determination 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 Mitigated Negative Declaration.
SECTION 6. — Development Code Amendment (Zoning Map Amendment) 17-09, as
approved by Ordinance, is incorporated herein by reference. This Resolution and these
approvals are expressly contingent upon the enactment of the Ordinance approving
Development Code Amendment (Zoning Map Amendment) 17-09.
SECTION 7. — Conditions of Approval. Conditional Use Permit 17-29, is hereby
approved, subject to the following Conditions of Approval:
1. This is an approval to allow the development, establishment and operation of a service
station with six (6) pump islands (canopy: 2,400 square feet), three (3) diesel track
fueling islands (canopy: 2,100 square feet) and a convenience store containing
approximately 3,806 square feet with an Alcoholic Beverage Control Type -20 (Off -
Sale Beer and Wine) License, along with the construction of the required on-site and
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off-site improvements. The project site is located at 1195 S. Waterman Avenue within
the Industrial Light (IL) Zone.
2. The project site shall be developed and maintained in accordance with the plans
stamped July 18, 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: August 31, 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 condition shall remain
in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the
request of applicant.
Planning Division
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 may 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
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KI
Q
IM
111.
and/or finish materials shall be reviewed and approved by the Planning Division prior
to commencement of work.
The project landscape plans shall be prepared in accordance with Development Code
Section 19.28.120, Water Efficient Landscaping Standards.
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.
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.
The project shall comply with all applicable requirements of the Building and Safety
Division, Fire Department, Police Department, Municipal Water Department, Public
Services Department and the City Clerk's Office/Business Registration Division.
12. 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.
13. 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.
14. 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.
15. All exterior lighting shall be energy efficient with the option to lower or reduce usage
when the facility is closed.
16. 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.
17. The project must comply with the requirements of the California Department of
Alcoholic Beverage Control.
18. No alcoholic beverages shall be sold on the premise or property under the licensee's
control without first obtaining a valid alcohol sales/service license through the
California Department of Alcoholic Beverage Control.
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19. Prior to the commencement of the sale of alcoholic beverages, the applicant shall
submit for and obtain approval of an Operator's Permit from the Office of the City
Clerk.
20. Every six (6) months, over 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, along with the
appropriate fee, for Reconsideration by the Planning Commission.
21. Adequate Li l tines. 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.
22. Capacity. The venue capacity established for the premises by the San Bernardino
County Fire Department shall not be exceeded at any time.
23. Com Taints. 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.
c) 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.
24. 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.
25. 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,
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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.
26. 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."
27. 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.
28. 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.
29. Hours of Operation. The hours of operation for the convenience store shall be twenty-
four (24) hours and the sale of alcoholic beverages shall be limited to the hours of 6:00
a.m. to 2:00 a.m. seven days a week.
30. Information to Police Department. Upon demand, the owner, 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.
31. 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."
32. 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 for the posting of signs prohibiting litter around the exterior of the
premises and in adjacent parking areas.
33. Lois. The establishment's owner, manager, employees, and security officers shall
be required to discourage loiterers and ask persons loitering longer than fifteen
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.
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34. Noise. No music or other noise originating from the premises may extend beyond the
property boundaries of the establishment.
35. 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.
36. Prohibited Ve =eta, ation. 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.
37. Public Phones. If public telephones are installed on the premises, they shall be
installed in well -lighted locations and programmed for outgoing calls only.
38. 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.
39. Mitigating 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 Department of Alcoholic Beverage Control.
• No alcohol will be sold or furnished to minors (anyone under the age of 21).
• No alcohol may be sold at any time to any patron appearing to be intoxicated.
• No wine sales shall be permitted in bottles or containers of less than 750
milliliters, unless sold in manufacturer multi -packs of no less than four -pack
quantities.
• No malt beverage products shall be sold within an alcohol content greater than
five and one half percent by volume.
• The sale of wine with an alcohol content
greater than fourteen (14) percent by volume shall be prohibited unless in
corked bottles and aged at least two (2) years.
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• Beer or malt liquor sold individually in
containers of 40 ounces or less is prohibited.
• No containers of beer not in their original
factory packages of six-packs or greater.
• No cooler products, either wine or malt
beverage based, shall be sold in less than four -pack quantities.
• No persons shall be permitted to congregate
outside the building or in the parking lots or other areas under the control of
the owner.
• 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 or in any area occupied or used by
patrons of the premises.
1. 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 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.
m. The owners and all employees of establishments involved in the sale of
alcoholic beverages shall complete an approved course in Licensee Education
on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service"
(RBS) training within sixty (60) days of the date of this Administrative
Development Permit, 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.
40. 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
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.
41. Security Guards. On-site security guards may be required, based upon the specific
facts and circumstances of on-site security and operations, as contained in deemed
Ordinance M (Security Cameras) & deemed Ordinance N (Security Guards). All
security guards shall have all required state and City permits and licenses.
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42. 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 & Safety Division
43. Plans submitted shall conform to the 2016 California Building Codes. Please note this
will include the California Green Building Code.
44.
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48.
49.
Project shall confirm to Chapter 3 of California Building Code 2016.
Project shall also conform to the requirements of Chapter 4 of the California Building
Code 2016, Special Details Requirements Based on use of Occupancy.
Provide sprinkler requirements for the occupant load according to California Building
Code 2016.
Provide all disabled access requirements and complete details on plans prior to plan
review submittal and conform to Chapter 11 B of California Building Code 2016.
Prior to building permit issuance, a complete set of plans shall be submitted and
accompanied by a Soils Report.
The applicant shall comply with regulations set forth in Chapter 7 of the California
Building Code 2016 for Fire/Smoke Protection Requirements.
Land Development Division
50. 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 development is located within Zone X of the Federal Insurance Rate Maps on
booklet #06071C8684J with year 09/02/2016.
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) An approved Preliminary Full -Categorical Water Quality Management Plan
(WQMP) shall be required for the project entitlement. The applicant is directed to
the County of San Bernardino's Flood Control web page for the template and
Technical Guidance Document.
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151.
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 is required prior to grading permit issuance.
g) 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.
h) 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.
i) 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.
j) 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 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.
d) A liquefaction evaluation is required for the site. This evaluation must be
submitted and approved prior to issuance of a grading permit. Any grading
requirements recommended by the approved liquefaction evaluation shall be
incorporated in the grading plan.
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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 on-site improvement plan shall include details of on-site lighting, including
light location, type of poles and fixtures, foundation design with structural
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calculations, conduit location, material and size, and Photometric plot shall be
provided which show that the proposed on-site lighting design will provide:
o 1 foot-candle of illumination uniformly distributed over the surface of the
parking lot during hours of operation, and
o 0.25 foot-candles security lighting during all other hours.
k) 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.
1) 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.
m) 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.
n) 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.
o) 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.
p) 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.
q) A Demolition Permit is required for the demolition of the existing structures on the
project site. A record of the square -footage for each of the structures shall be
recorded for credit towards the Impact Fees.
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.
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52.
53.
I b)
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) Utility services shall be placed underground and easements provided as required.
f) Existing Utilities which interfere with new construction shall be relocated at the
Developer's expense as directed by the City Engineer.
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
Orange Show Rd
Waterman Ave.
Richt of WavAl
Curb Line(ft)
38 (Existing)
42 (Existing)
46 (Existing)
55 (Existing)
i
Orange Show Road
i) The street shall be rehabilitated and the structural street section shall be designed
on the "R" value of the subgrade as determined by soils testing and the traffic
Index. The minimum AC thickness shall be 4 inches with an AB thickness of 8
inches.
ii) The existing sidewalk and/or curb & gutter adjacent to the site that are in poor
condition 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.
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C)
iii) 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.
Waterman Avenue
i) The street shall be rehabilitated and the structural street section shall be
designed on the "R" value of the subgrade as determined by soils testing and the traffic
Index. The minimum AC thickness shall be 4 inches with an AB thickness of 8
inches.
ii) Construct sidewalk adjacent to the site in accordance with City Standard No.
202; Case "A" (6' wide adjacent to curb).
iii) The existing sidewalk and/or curb & gutter adjacent to the site that are in poor
condition 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.
iv) 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.
d) If the existing curb return at the corner of Orange Show Rd. and Waterman
Ave. does not meet current ADA requirement, the accessible curb ramps shall be
removed and reconstructed 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.
e) Curb returns at the intersection of Orange Show Rd. and Waterman Ave. shall
be constructed with a 35 -foot radius.
f) The driveway approaches for the project shall be subjected to right -in -right -out
only. Proper signage shall be installed at each entrance/exit.
g) 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.
h) Any pavement works affecting the traffic loop detectors shall be coordinated
and subjected to Public Works Traffic Division requirements.
i) 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.
54. Required Engineering Plans
a) A complete submittal for plan checking shall consist of:
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• 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 also
available at no charge at the Public Works Web Site at http://www.sbcitv.or�
55. Re uired Engineering Permits
a) Grading permit.
b) On-site improvement construction permit (except buildings - see Community
Development Department — Building Division), including landscaping.
c) Off-site improvement construction permit.
55. 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
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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
htt}}_//www_sbcit� .orr-
56. Traffic Rqguirements
a) A scoping application is required prior to the entitlement process. If
determined by Traffic Engineer that Traffic Study is required, one shall be
submitted and approved prior to entitlement hearing.
SECTION 8. 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.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADOPTING THE CATEGORICAL EXEMPTION,
AND APPROVING CONDITIONAL USE PERMIT 17-29 AND PUBLIC
CONVENIENCE OR NECESSITY LETTER 18-03 TO ALLOW THE DEVELOPMENT
OF A SERVICE STATION AND CONVENIENCE STORE WITH AN ALCOHOLIC
BEVERAGE CONTROL TYPE -20 (OFF -SALE BEER & WINE) LICENSE ON TWO (2)
PARCELS CONTAINING A TOTAL OF APPROXIMATELY 1.4 ACRES LOCATED AT
1195 S. WATERMAN AVENUE (APN: 0280-142-25 AND 36) WITHIN THE
INDUSTRIAL LIGHT (IL) ZONE.
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
I e day of July 2018, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
y
y
Y (o.)
Y
ABSTAIN ABSENT
George anna, CMC, City Clerk
The foregoing Resolution is hereby approved this 18'h day of July 2018.
R. Carey Davis, ayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:L:3 '��
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EXHIBIT A
APPROVED PLANS
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