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HomeMy WebLinkAbout5703-4T FONTANA A I- I f Cl R N' f A City Council AcquanetM Warrefi Mayof Jesus "Jesse" Sandoval Mayor Pro Tem John & Roberls Council Member Michael Tahw Council Member Jesse Armendarez Council Member October 4, 2017 uglas Fenn 1 N. Parkcenter Drive nta Ana, CA 92705 RE: Master Case No. 17-031; Conditional Use Permit No. 17-017; Conditional Use Permit No. 17-018; and Administrative Site Plan No. 17- 025 Dear Mr. Fenn: The above -referenced project for approval to demolish an existing residentiai dwelling unit and construct a new 3.000 square foot 24-hour convenience store (7 -eleven) with a Type -20 ABC license, two (2) fuel canopies for two (2) diesel pump islands and four (4) gasoline pump islands on a parcel of approximately 1 .22 acres, was approved by the City of Fontana's Planning Commission at the regularly scheduled meeting held on October 3, WIT Please note that this action of the Planning Commission is subject to a fifteen (15) calendar day appeal period following the approval to allow for the filing of appeals with the City Council of the City of Fontana. An appeal automatically stays the Planning Commission decision until the City Council conducts a public hearing and renders a decision on the appeal. If no appeal is submitted, the notification sign shall be taken down on October 18. 2017, Enclosed are the conditions of approval for this project. These conditions shall be kept within the premises and remain legible at all times. Should you have any questions regarding this approval, please contact the project planner, Brett Hamilton, at (909) 350-6656, or by email at bhamilton@fontana.org. Additionally, if you have any questions concerning next steps in the development process, please call the City's Development Services Supervisor, Carla Pursel, at (909.) 350-6712, Sincerely, COMMUNITY DEVELOPMENT DEPARTMENT Pl� ',,ng Qivis�� Zai AbuBakar Director of Community Development Enclosure: Conditions of Approval CIFY OFFUNIANA 8353 SiEm%AVENUE, rONIANA.CAUFORNIA92335 v,­xw.Foat"a�org 20, On a regular and reasonable basis litter shall be removed daily from the premises, including adjacent public sidewalks and all parking areas under the control of the business owner/licensee, These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris. 21. The business ownerilicensee shall comply with the City False Alarm Ordinances. 22. Graffiti abatement by the business owner/licensee shall be immediate and ongoing on the licensed premises, but in no event shall graffiti be allowed unabated on the premises for more than 48 hours, Abatement shall take the form of removal or shall be covered/pairted over with a color reasonably matching the color of the existing building, structure, or other surface being abated, Additionally, the business owner/licensee shall notify the City within 24 hours (at 909.350 -GONE) of any graffiti elsewhere on the property not under the business owner/lice n see's control so that it may be abated by the property owner and/or the City's Graffiti Enforcement Team. 23, The management and employees of the licensed premise shall be required to prevent loitering in the parking lot of the site. The management and employees of the licensed premise shall regularly police the area under its control to prevent the loitering of persons about the premises, 24. Sales of alcoholic beverages will be restricted to, and within the confines of, the building portion of the licensed premises. 25. A digital video surveillance system is required at the premise. It is recommended to be an internet-based system and shall be maintained in proper working order at all times. The surveillance video/visual media shall be maintained for a minimum of sixty (60) days and upon request, shall be accessible to law enforcement personnel for viewing, copying and collection purposes during regular business hours. 26. Signs shall comply with all City of Fontana sign requirements, No more than 25% of the total window area and clear doors shall bear advertising or signs of any sort. Window signs shall be placed and maintained in a manner so that there is a clear and unobstructed view of the interior of the premises from the public sidewalk or entrance to the premises (this applies to all windows of this location). 27. The exterior of the licensed premises, including adjacent public sidewalks and all parking lots under the control of the licensee, shall be illuminated during the hours of darkness, at all entrances, sidewalks or parking sufaces, at a minimum of one foot candle of light, 28. A prominent, permanent sign or signs stating "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be posted on all sides of the building, and shall be clearly visible to patrons of the licensee. The si--e, format, placement, and languages of the sign or signs shall be determined by the Department of Alcoholic Beverage Control, Generally, the signs should be 24 inches in length and 14 inches in width with the print of sufficient size to make them clearly readable. FINAL COA BHAMILTON PLANNING COMMISSION OCTOBER 3, 2017 UNDERGROUND SERVICE ALERT Call: TOLL FREE 1-800-422-4133 KNOW WHAT'S BELOW. CALL BEFORE YOU DIG. TWO WORKING DAYS BEFORE YOU DIG EXHIBIT "A" A.— CITY OF FONTANA CONDITIONS OF APPROVAL CASE. Conditional Use Permit No, 17-017 (Service Station) DATE- October 3, 2017 Master Case No, 17-031 LOCATION: 16060 Jurupa Ave; the project is located on approximately 1.21 adjusted gross acres located at the northwest corner of Citrus Ave and Jurupa Ave. 1 . This Conditional Use Permit approves the operation of a 24-hour service station with six (6) pump islands (four gasoline and two diesel) at 16060 Jurupa Ave. 2. This Conditional Use Permit shall become null and void twenty-four (24) months from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period. 1 The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the f lollowing have occurred: A. All of the improvements, -construction, alteration and other work set forth in this pro ' iect have been completed and have been accepted by the City, as evidenced by the City's issuance of a Certificate of Occupancy or other document evidencing the City's final inspection and acceptance of the work; and R, All other Conditions of Approval imposed by this project1have been fulfilled. 4. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant's proposed project or to any approvals of the Planning Commission and/or City Council concerning this pmiect, including but not limited to actions challenging CEQA actions, permits, variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptly notify the applicant of any clairn, action, or proceeding and the City of Fontana shall cooperate in the defense. In the event of any such third party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City INAL C� BIFIAMIL101-11 PLANNING COMMISSION OCTOBER 3, 2017 29. A prominent, permanent sign or signs stating "NO OPEN ALCOHOLIC BEVERAGE CONTAINERS ARE ALLOWED ON THE PREMISES"shall be posted on all sides of the building, and shall be clearly visible to patrons of the licensee- The size, format, placement and languages of the sign or signs shall be determined by the Department of Alcoholic Beverage Control, Generally, the signs should be 24 inches in length and 14 inches in width with the print of sufficient size to make them clearly readable. 30. No electronic arcade or amusement games are permitted on the licensed premises at any time. 31. In the event security problems occur and at the request of the Police Department, the business owner/licensee or management, at his or her own expense, shall provide a California licensed, uniformed security guard(s) on the premises, during such hours as requested and directed by the Police Department. All uniformed security guards shall comply with Fontana City Code section 22-62, and shall be registered with the State of California's Bureau of Security and Investigative Services as a security guard prior to employment within the City of Fontana. 32. The licensee shall attend a Licensee Education or Alcohol and Drugs (LEAD) training or a responsible beverage service (RBS) training sponsored by the California Department of Alcoholic Beverage Control within six (6) months, and any employee engaged in the sale/service of alcohol shall attend the LEAD or RBS training within 90 days of employment. 33. The approved set of Conditions of Approval, and the ABC license shall be posted at all times at a visible location behind the cashier's counter in the facility and shall remain legible at all times. 34, The establishment or installation of public pay telephones on the exterior and/or interior of the building is only permitted by approval of a minor use permit application by the Director of Community Development, END OF CONDITIONS OF APPROVAL FINAL COA 8HAMILTON PLANNING COMMISSION OCTOBER 3, 2017 for such legal fees and costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs. liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth. The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval. Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval, Applicant's soie and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, and/or specific performance. 5 The establishment or installation of public pay telephones on the exterior and/or interior of the building is only permitted by approval of a minor use permit application by the Director of Community Development. 6� The conditions of approval shall be posted in a location on the property in which it is readily visible to employees and agents of the business. 7. All Conditions of Approval contained herein shall be incorporated into a!] applicable final construction plans and a copy of these conditions, signed by the property owner or legal representative, shall be placed on a sheet in the final building or grading plans prior to issuance of any building or grading permits. FIRE DEPARTMENT - HAZARDOUS MATERIALS 8� Prior to installation, plans for underground storage tank systems shall be reviewed and approved by Office of the Fire Marshal, Hazardous Materials Division. Submit copies of City approved plans for review. For additional information contact (909) 386-8464. 9, Prior to occupancy, applicant shall be required to apply for one or more of the following or apply for exemption from hazardous materials laws and regulations: a Hazardous Materials Handier Permit, a Hazardous Waste Generator Permit, an Aboveground Storage Tank Permit, andJor an Underground Storage Tank Permit. For information, Office of the Fire Marshal. Hazardous Materials Division at (909) 386-8401 � END OF CONDITIONS OF APPROVAL FINAL COA BHAMILTON PLANNING COMMISSION OCTOBER 3,2017 EXHIBIT "C" QN7 CITY OF FONTANA CONDITIONS OF APPROVAL CASE: Master Case No. 17-031 DATE: October 3, 2017 Administrative Site Plan No. 17-025 LOCATION: 16060 Jurupa Ave; The project is an irregular-shaped property on approximately 1.21 adjusted gross acres located at the northwest corner of Citrus Ave and Jurupa Ave. PLANNING DIVISION: I This approval is for Administrative Site Plan No. 17-025 for site and architectural review of a 3,000 square foot convenience store, a 24-hour service station with a 1,908 square foot gasoline fuel canopy and an 895 square foot diesel fuel canopy, as approved by the Planning Commission on October 3, 2017 and as shown in Exhibit C-1. 2. The rights and privileges granted by this project shall not become effective, nor shall the Applicant commence the use for which this project is granted, until both of the following have occurred. - A. All of the improvements, construction, alteration and other work set forth in this project have been completed and have been accepted by the City, as evidenced by the City's issuance ol a Certificate of Occupancy or other document evidencing the City's final inspection and acceptance of the work-, and B. All other Conditions of Approval imposed by this project have been fulfilled. 3. The applicant shall defend, indemnify, protect and hold harmless the City of Fontana or its agents, officers, attorneys and employees from any and all actual or alleged claims, actions or proceedings against the City of Fontana or its agents, officers, attorneys or employees to attack, set aside, void, annul or seek monetary damages arising out of any challenge to the applicant's proposed project or to any approvals of the Planning Commission and/or City Council concerning this project, including but not limited to actions challenging CEQA actions, permits. variances, plot plans, design plans, maps, licenses, and amendments. The City of Fontana shall promptIv notify the applicant of any claim, action. or proceeding and the City of Fontana shall cooperate in the defense. In the event of any such third party action or proceeding, the City shall have the right to retain legal counsel. The applicant shall be responsible and reimburse the City FINAL COA SHAMILTON PLANNING COMMISSION OCTOBER 3, 2017 EXHIBIT "B" .. .. ... . . ... % CITY OF FONTANA CONDITIONS OF APPROVAL CASE: Conditional Use Permit No. 17-018 (ABC Type -20) DATE: October 3, 2017 Master Case No. 17-031 LOCATION: 16060 Jurupa Ave; The project is an irregu!ar-shaped property on approximately 1.21 adjusted gross acres located at the northwest corner of Citrus Ave and Jurupa Ave. 1. This Conditional Use Permit approves a type -20, Alcoholic Beverage Control license for off -sale retail sales of alcoholic beverages at the proposed 24-hour convenience store at 16060 Jurupa Ave. 2. At any time. the Director of Community Development may bring a status report to the Planning Commission identifying impacts or failure to comply with conditions resulting from the Conditional Use Permit approval. Such status report may contain a police report regarding calls for service at the location, Nothing herein shall modify or limit the City's authority to regulate the business or modify or revoke the permit upon the City's determination that the business is being operated in a manner adverse to the public's health, safety, and welfare. 3� The operation of the business shall not violate any federal, state, or local laws or ordinances, including the rules, regulations and orders of the State Alcoholic Beverage Control Department and all conditions of the City of Fontana's Conditional Use Permit. Failure to comply with these requirements shall constitute grounds for revocation of a conditional use permit. 4, All tobacco products shail remain under the control of the management, behind the cashier's counter. 5, If licensed premises operates twenty-four (24) hours a day, the business owner/licensee shall keep all beer and wine within a lockable permanently affixed cooler, lockable permanently affixed display case, or under the control of the management behind the cashier's counter, The coolers and display cases shall be locked during the hours of two (2) a.m. to six (6) a.m. daily. Additionally, no alcoholic beverages shall be sold during the hOL.-S of two (2) a,m. to six (6) a.m. daily. 6, Employees engaged in the sale or distribution of alcoholic beverages shall be at least 18 years of age. If the business owner, licensee, or management choose to FINAL COA BHAMILTON PLANNING COMMISSION OCTOBER 3,2017 for such legal fees and costs, in their entirety, including actual attorneys'fees, which may be incurred by the City in defense of such action or proceeding. This indemnification shall also include, but not be limited to, damages, fees and/or costs awarded against the City, if any, and cost of suit, attorneys' fees, and other costs, liabilities and expenses incurred in connection with such claim, action, or proceeding whether incurred by applicant, the City and/or any parties bringing such forth. The City of Fontana and the applicant acknowledge that the City would not have approved this project if the City were to be liable to applicant in damages under or with respect to all or any part of this application or this condition of approval, Accordingly, applicant shall not sue the City for damages or monetary relief for any matter arising from or related to this condition of approval. Applicant's sole and exclusive remedy shall be limited to declaratory/injunctive relief, mandate, andlor specific performance. 4. Prior to the construction of any modifications, all structural and aesthetic changes to the project design must be requested and approved in writing by the Director of Community Development or his/her designee. Major structural and aesthetic changes exceeding the codified parameters of administrative policy shall be presented to the Planning commission for approval, Changes made without approval as stated herein, will prevent the occupancy of the structure until corrections are approved in writing by all appropriate staff. 5. All signs shalt be reviewed under a separate Design Review Sign application, 6, This Administrative Site Plan shall become null and void two years from the date of approval, unless the appropriate permits have been obtained and construction, defined as permit obtainment, commencement of construction of the primary building on site, and successful completion of the first Building and Safety Division inspection, has commenced within this period, 7, Exterior lighting compatible with the design of the building shall be provided for the parking lot, The lighting shall be directed and shielded so as to illuminate only the parking area and to avoid glare impacts on adjacent properties. This project shall comply with all applicable provisions, regulations and development standards of the City of Fontana Municipal Code. 9. Color combinations and color schemes for commercial buildings approved under an Administrative Site Plan application shall not be modified or changed without prior approval from the original approving body by a revision to the original application. Minor hue color changes may be approved by the Director of Community Development. The Director of Community Development shall have the authority to refer minor hue color changes to the Planning Commission for consideration under a revision to the original application if deemed necessary, Appeals shall follow provisions of the Municipal Code. FiN�NL C� A SHANIOLTON PLANNING COMMISSION OCTOBER 3,2017 employ a salesperson between the ages of 18 to 20, that salesperson must be under the continuous supervision of at least one salesperson who is 21 years old or older. 7. No beer or wine shail be displayed within five feet of the cash register or the front door or between the register and the front door unless it is under the control of the management behind the cashier's counter (ABC requirement for Concurrent Sales of A!cohol and Gasoline). 8. No display or sale of beer, wine or distilled spirits, shall be made from an ice tub (ABC requirement for Concurrent Sales of Alcohol and Gasoline). 9� No alcohol advertisements at the fuel islands (ABC requirement for Concurrent Sales of Alcohol and Gasoline). 10, No alcohol sales from a drive-in window (ABC requirement for Concurrent Sales of Alcohol and Gasoline). 1. No self -illuminated beer or wine advertisements on buildings or windows (ABC requirement for Concurrent Sales of Alcohol and Gasoline). 12. Cashiers/employees engaged in the sale of beer or wine or distilled spirits between 10:00 p.m. and 2:00 a,m. must be at least age 21 (ABC requirement for Concurrent Sales of Alcohol and Gasoline). 13. The sale of malt liquor or fortified wine products with an alcoholic content greater than 17 percent by volume is prohibited. 14. The licensee shall not sell single bottles of wine in less than 750 ml- containers. Specialty or dessert wines which are only packaged in 375 milliliter bottles shall be permitted. 15, The sale of beer or malt beverages in single size containers of 40 ounces or less is prohibited. 16. The licensed premise shall not sell individual units of beer or wine from the manufacturer's multi -unit packages (three -packs, four -packs, six-packs, etc.). 17, The licensee shall not allocate more than half of the cooler doors for the sale of alcoholic beverages. All designated coolers for alcoholic beverages shall be located furthest away from the entrance doors, 18. The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around the licensed premises. 19. In the event that adult merchandise (books, magazines, videos and CDs) is offered for sale, all such merchandise shall be kept under the control of the management behind the cashier's counter and must be segregated from other reading material and screened from the view of minors. FINAL COA BHAMILTON PLANNING COMMISSION OCTOBER 3,2017 10. The occupants of this facility shall comply with applicable provisions of local, state and federal laws and regulations with respect to noise, vibration, smoke, odors, fire and explosive hazards, including, but not limited to the City's adopted Hazardous Materials Management Plan and Industrial Wastewater/Discharge requirements. 11. The establishment or installation of any new public pay telephones on the exterior and or interior of the buildings is only permitted by approval of a minor use permit application by the Director of Community Development. 12. Bicycle parking racks or secured bicycle lockers shall be provided for this development, Bicycle racks or lockers shall be provided at a rate of one bicycle parking space per 20 automobile parking spaces with a minimum of a two -bike rack. 13� On-site pedestrian walkways and bicycle paths shall be provided between the buildings and the public streets and sidewalks or transit stops, for all new nonresidential development and shall have decorative treatments. 14, All roof -mounted mechanical units shall be screened from view of adjacent streets by a parapet in height equal or greater to the installed unit, unless another method of visual screening is approved by the Director of Community Development, 15. Any foam treatment used for architecture treatments and/or projections located on the first floor (under 14 feet) shall be covered with concrete or similar durable material a minimum of '/4 inch thick, or as determined by the Director of Community Development. 16- All landscaping shail be healthy and maintained in a reasonable manner as determined by the Director of Community Development or his/her designee. 17. After the ten (10) day appeal period, the applicant shall remove the notice of Filing sign(s) from the project site. The applicant may request a refund of the $300.00 sign deposit: the request shall be in writing accompanied with a W-9 tax form. The request shall be submitted to the Planning Division. 8. All construction activities including the erection (including excavating), demolition, alteration or repair of any building or structure shall be limited to the hours of TOO a.m. and 6:00 p,m. on weekdays and between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays; no construction is to be conducted on Sundays or federal holidays. !9. The construction contractor shall use light construction equipment (e.g. small bulldozers and trucks) within 15 feet from the western construction boundary, 20. Mechanical ventilation such as air conditioning systems shall be installed for the proposed 24 hour convenience store. 21, The project applicant shall install an 8 foot high perimeter wall along the west and north property lines of the project site. UNAUTHORIZED CHANGES & USES: THE ENGINEER PREPARING THESE PLANS WILL NOT BE RESPONSIBLE FOR, OR LIABLE FOR, UNAUTHORIZED CHANGES TO OR USES OF THESE PLANS. ALL CHANGES TO THE PLANS MUST BE IN WRITING AND MUST BE APPROVED BY THE PREPARER OF THESE PLANS. CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE NTH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR WILL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE OF CONSTRUCTION OF THE PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY, THAT THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS, AND CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL UABILITY, REAL OR ALLEGED, IN CONNECTION NTH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPTING LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF DESIGN PROFESSIONAL. FINAL COA BHAMILTON PLANNING COMMISSION OCTOBER 3,2017 ENGINEERS NOTE TO CONTRACTOR-. THE EXISTENCE AND LOCATION OF ANY UNDERGROUND UTILITIES, PIPES, AND/OR STRUCTURES SHOWN ON THESE PLANS WERE OBTAINED BY A SEARCH OF AVAILABLE RECORDS. TO THE BEST OF OUR KNOWLEDGE, THERE ARE NO EXISTING UTILITIES EXCEPT AS SHOWN ON THESE PLANS. THE CONTRACTOR SHALL ASCERTAIN THE TRUE VERTICAL AND HORIZONTAL LOCATION OF THOSE UNDERGROUND UTILITIES TO BE USED AND SHALL BE RESPONSIBLE FOR ANY DAMAGE TO ANY PUBLIC OR PRIVATE UTILITIES, SHOWN OR NOT SHOWN HEREON. IF THE CONTRACTOR ENCOUNTERS ANY DISCREPANCIES, CONFLICTS OR AREAS WHICH HE FEELS UNWORKABLE, HE SHALL NOTIFY THE GRADING ENGINEER IMMEDIATELY PRIOR TO CONTINUING OR DEVIATING FROM THIS PLAN. 0 C) C) :;i - Ln 0 a_ 0 1`1 En 0 I_ C 0 E) CN L) ft, C) 1-- 0 F_ U U) ;Z l— LLJ 0 ,-1 _J 0 0 U_ I LLJ Ln LLJ CD CL < :3 0 0 --t T CY) C 0c) 0 CM C:) — M M 01 r-) C:) C-4 LLJ C31 V) Q) co u_J c,4 00 W LLJ