Appeal 24-06 Appealing Planning
Commission’s Approval of Appeal 24-
05 Presented by: Gabriel Elliott, Director of
Community Development and Housing
Department
Location/Zoning Map 379 E. Industrial Way
Aerial Map – Waterman Business Center
Flores Street
Site Layout
Background
There are two parties to this appeal.
v Appellant II, Carney Mehr Law, representing ADESA International, a frozen food manufacturing company, doing business at 379 E. Industrial Way, in the Waterman Business Center.
v Appellant I, The Waterman Business Center Association (WBCA) is the building owners’ association responsible for, among other duties, enforcing the Waterman Business Center’s CC&Rs and other Rules and Regulations for the 12-building Waterman Business Center.
Background
v Appellant II is appealing Planning Commission’s decision of an appeal filed by Appellant I.
v Appellant I’s appeal was approved by the Planning Commission on November 12, 2024.
v Appellant I’s appeal was predicated on the removal of certain conditions of approval from Administrative Development Permit (ADP) 22-020 (Attachment E).
v ADP 22-020 was issued for the installation of an approximate outdoor 9,000-gallon liquid nitrogen tank, including Conditions of Approval numbers 20-26.
v There are no other businesses within the center with 9,000-gallon nitrogen tanks.
Background
vThis is the Nitrogen Tank in question:
v Staff’s position was that special conditions were necessary because of the size and location of the tank.
Conditions of Approval
(20) Bobtail and semi-trucks will park, load, and unload only in the areas designated. The 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 site outside of these hours.
(21) Applicant agrees to screen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal screening material will be painted to match the main building field color of 379 E Industrial Building. (22) Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans to be approved by WBCA
.
July 20, 2023: Following direction from prior Agency Director of Community, Housing, and Economic Development and City Planner, planning amended and redacted Conditions of Approval 20 through 26 from the original Administrative Development Permit 22-020 with Amendment to Conditions 23-01 (Attachment F).
July 24, 2023: The WBCA appealed the removal of Conditions of Approval 20 through 26 through a letter (Attachment G).
Conditions of Approval
(23) Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests.
(24) No utility lines will be mounted on the exterior of the building.
(25) The storm drain trench (which is WBCA property) is to remain undisturbed before, during and after construction. The storm drain flow of the lot will be maintained and not altered.
(26) In addition to these conditions, WBCA is requiring proper notice (minimum 3 business days) and insurance before starting construction over, near, under, around the fire water main that runs through the proposed construction area.
Appeal Process
vThese conditions were added to ADP 22-020.
v ADESA protested addition of the conditions and Planning Staff removed them. vAppellant I protested and appealed removal of the conditions. vAppellant I’s protest and appeal from July 2023 was not processed until a new Department Director was in place in 2024.
vTo avoid litigation, the Director official allowed the appeal to go forward. vThe Planning Commission heard the Appeal on November 12, 2024, after continuance from an earlier meeting.
The Appeal
vPlanning Commission approved the appeal which would restore the conditions of approval.
Appellant I wants the Conditions 20 -26 of ADP 22-020 reinstated because ADESA was and is still in violation of the conditions of ADP 22-020.
v Appellant II claims that the Planning Commission should not have heard the appeal because it was processed late.
vAppellant II also contests adding the conditions in the first place because they were tenant/landlord issues and not City issues. Also claims that no other uses in the complex have those conditions attached.
vDirector’s position is that the City has jurisdiction to enforce conditions of approval for a development and that there are no other businesses with similar characteristics as ADESA.
Appeal Procedure
vPer San Bernardino Municipal Code Section 19.52.100,
appeals shall be filed within 15 days of the decision rendered and accompanied by a filing fee specified in Chapter 19.32 (Applications and Fees).
vOn July 24, 2023, the WBCA wrote a letter (Attachment 13), appealing the removal of the conditions; the letter was not processed subject to the requirements of the San Bernardino Municipal Code Section 19.52.090 – 19.52.120
Appellant I’s Site Photos – Parking violation
Violations
Appellant I’s Site Photos – Parking violation
Violations
Appellant I’s Site Photos – Parking violation
Violations
Appellant II’s Exhibits
Appellant II’s Exhibits
Recommendations
1.Adopt a Resolution No. 2025-263 denying Appeal 24-
06, thereby sustaining Planning Commission’s approval
of Appeal 24-05.
OR
2. Adopt a Resolution No. 2025-264 approving Appeal
24-06, thereby overturning the Planning Commissions
approval of Appeal 24-05.
Questions
This concludes staff’s
presentation. Staff is happy to
answer any questions the Mayor
and City Council may have.