Waterman Business Center Association 328 E Commercial Rd #107 San Bernardino, CA 92408
Tel 562.427.7771
Fax 562.427.7774
July 24, 2023 Sent Via Email
mora-rodriguez [email protected]
[email protected]
Ms. Elizabeth Mora-Rodriguez/Mr. Michael Rosales
Associate Planner
City of San Bernardino
Planning Division
201 North "E" Street, 3rd Floor
San Bernardino, CA 92401
RE: Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20 Waterman Business Center
379 E Industrial Rd, San Bernardino, CA 92408
Dear Ms. Mora-Rodriguez and Mr. Rosales:
We are in receipt of Michael Rosales' attached July 20, 2023 letter (Exhibit A) informing us of the removal of important conditions of approval that were part of Administrative Development Permit 22- 20 for 379 E Industrial Rd. We would like to appeal the removal of these conditions and strongly urge the Planning Division to leave Administrative Development Permit 22-20 unchanged. The Administrative Development Permit 22-20 and the associated Condition of Approval 23-01 were created by the City in response to the tenant at 379 E Industrial Rd (Adesa International) requesting (among other improvements) installation of a large liquid nitrogen tank in its yard. This large liquid nitrogen tank was originally installed by the tenant with no permits. After concerns were raised, the City required the applicant to procure Administrative Development Permit 22-20.
As the original developer of the project, we are very familiar with the attached June 2006 original Project Conditions of Approval for the Waterman Business Center (Exhibit B) of which 379 E Industrial Rd is a part. Condition of Approval #6 requires any modification impacting (among other things) on-site circulation and parking, loading and landscaping to refile the original application and for the City to hold a subsequent hearing by the Planning Commission. Additionally, Condition of Approval #8 of the June 2006 original Project Conditions of Approval also requires "any exterior structural equipment... to be architecturally screened by wall or structural element, blending with the building design and include landscaping". Unfortunately, no hearing was held by the City for Administrative Development Permit 23-01, but the City did inform the Waterman Business Center Association and the Conditions of Approval 23-01 were satisfactory to the Association as originally approved.
The addition of a 35' long, 15' wide, 12.5' high liquid nitrogen tank to the yard of the 379 E Industrial Rd building (see Exhibit C for tenant's site plan and elevations of this tank) significantly impacts circulation and parking for the building, modifies existing storm water drainage, removes landscaping & parking stalls and is clearly visible to neighboring tenants and owners (especially the professional office tenants of 350 E Commercial Rd whose storefronts look directly at the location of this liquid Waterman Business Center Association 328 E Commercial Rd #107 San Bernardino, CA 92408
Tel 562.427.7771
Fax 562.427.7774
nitrogen tank). The Conditions of Approval 23-01 that the City is proposing to remove are exactly the conditions added to address these issues. These conditions were agreed to, without protest, by the applicant (tenant Adesa International) and the building owner of 379 E Industrial Rd. Without these conditions, both the Waterman Business Center Association as well as neighboring tenants and property owners would have objected to the installation of the large liquid nitrogen tank.
In the City's letter of July 20, 2023, the City indicates they are removing these seven important conditions of approval in the Administrative Development Permit 22-20 because these conditions "are more restrictive than conditions on other businesses within the business complex." No other tenants have requested or made exterior modifications that impact the June 2006 original Planning Commission approval. When this applicant proposed adding a large liquid nitrogen tank that impacts on-site circulation/parking, loading, storm water drainage, and landscaping and requires screening, the applicant per the 2006 Conditions of Approval is required to reapply for approval and hold a subsequent hearing. The result of this process was Conditions of Approval 23-01. To remove these conditions of approval, compromises the City approval process and removes due process from other stakeholders impacted by the installation of this large liquid nitrogen tank. We would like to have a meeting with City staff to ensure our concerns are addressed. Please call me at your earliest convenience.
The Waterman Business Center Association
By: Seventh Street Development, Inc, its Manager
Craig Furniss
President
Attachment 1: Appeal Application Required Information
1. Specific Action being appealed and the date of that action:
In a letter dated July 20, 2023 The Planning Division of the City of San Bernardino removed 7 conditions of approval within Administrative Development Permit 22-20 on 379 E. Industrial Road (APN: 0141-581- 03) San Bernardino, CA 92408.
We request the seven conditions of approval be reinstated immediately for Development Permit 22-20 as they were removed without notice or due process. Restoring Condition #20 is of particular importance. The Waterman Business Center Association appealed the removal of these conditions of approval on July 24, 2023 (see attached letter Exhibit 1) within four days of receipt of a letter from San Bernardino Planning that they were removed. After much follow-up, we received a reply this year after the new Community Development Director was appointed and were instructed to resubmit our letter with this application.
2. Specific Grounds for the appeal:
The tenant at 379 E. Industrial Road, San Bernardino is Adesa International ("Adesa"). Since the conditions were removed, the issues these conditions were designed to address have materialized, including Adesa employees parking on adjacent owners' lots due to lack of parking on their own lot and street, semi trucks blocking and queueing on Industrial Road during business hours, and trucks blocking fire lanes. Condition of approval #20 of the Administrative Development Permit is the most vital to be restored. This condition states:
"20. Bobtail and semi-trucks will park, load, and unload only in the areas designated on Exhibit A.
Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on iste outside of these hours." The subject building is a grade level building with limited parking. With the installation of a 35' long 15' wide and 12.5' high liquid nitrogen tank on the lot (which was the subject of the Administrative Development permit), loading of semi-trucks during business hours creates fire lane violations (for which citations have been issued by SBPD), circulation issues on Industrial Road as trucks block the road, and causes employees of Adesa to seek parking off site including on other owners' lots. Limiting semi-truck parking, loading, and unloading to the hours of 9:00 pm to 6:00 am as originally agreed to by the applicant will address this issue.
Attachment 2: Photos of 379 E. Industrial Road Operations Please see the below information:
Photo 1: Installed 9,000 gallon liquid nitrogen tank. No other member of Waterman Business Center has exterior modifications like this.
LIGUID NITROGEN
Airgas.
Photo 2: Example of a semi-truck loading during business hours on February 2n° 2024. The truck is blocking Industrial Road and when unloading blocks in Adesa employees parked in the pedestrian stalls.
Smurfit 1 aptla
Photo 3: Container dropped in pedestrian stalls (front) with another truck unloading in the background (behind)
Photo 4: Example of a truck loading in a fire lane (curb is red) that is prohibited.
Photo 5: Photo of a truck container dropped in pedestrian spaces in July 2024 causing employees to park in adjacent owners lot.
Photo 6: Photo of a second truck container on the same day as Photo 5 above dropped in pedestrian spaces in July 2024
Photo 7: Site Plan showing two truck containers taking passenger spaces plus the nitrogen tank taking the remaining pedestrian spaces. (See Photo 5 and 6 for reference) 379 E. Industrial Road Containers plus Nitrogen Tank