RES 12562 - Laserfiche WebLink

EXHIBIT B P12-0637 Final Conditions of Approval Safeway Fuel Center 6782 Bernal Avenue September 4, 2012 1. This conditional use permit will lapse within one year from the effective date unless a building permit is issued and construction has commenced and is diligently pursued toward completion or the City has approved an extension. 2. The effective date of P12-0637 shall concur with the effective date for PUD-02-09M. If PUD-02-09M is denied or the ordinance approving PUD-02-09M fails to become effective, P12-0637 shall automatically lapse with no further legal force or effect. 3. To the extent permitted by law, the project applicant shall defend (with counsel reasonably acceptable to the City), indemnify and hold harmless the City, its City Council, its officers, boards, commissions, employees and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorneys fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. 4. If the operation of this use results in conflicts pertaining to parking, noise, traffic, circulation, property maintenance including litter, or other impacts, at the discretion of the Community Development Director, this conditional use permit may be referred to the Planning Commission for subsequent review at a public hearing. If necessary, the Planning Commission may modify or add conditions of approval to mitigate such impacts. 5. Alcoholic beverages such as beer, wine, and hard liquors shall not be offered for sale from the kiosk building and shall be purchased from the grocery store only. 6. Changes to the operations shall not be made without prior approval from the Planning Division. 7. The service station may be open 24 hours per day including fuel deliveries. 8. The service station operator shall continuously monitor the operation of the service station. There shall be at least one service station employee, in addition to the employee(s) operating the cash register or stationed inside the kiosk building, stationed in the pump island area to monitor traffic flow and operations to ensure an efficient traffic flow through the pump islands and to prevent vehicle queues from blocking the adjoining driveway aisles and driveway entrances. During peak-use times, the pump island monitors shall be increased to two monitors or more, if necessary. 1