Mayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
REVISED AGENDA
FORTHE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, SEPTEMBER 17, 2025
3:30 PM CLOSED SESSION 5:00 PM OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Eric Levitt
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
MAYOR PRO TEM, WARD 3 CITY ATTORNEY
Fred Shorett Telicia Lopez
COUNCIL MEMBER, WARD 4 ACTING CITY CLERK
Kim Knaus
COUNCIL MEMBER, WARD 5
Mario Flores
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino
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Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore
Sanchez Council Member, Ward 2
Sandra Ibarra Mayor Pro Tem, Ward 3
Juan Figueroa Council Member, Ward 4
Fred Shorett Council Member, Ward 5
Kim Knaus Council Member, Ward 6
Mario Flores Council Member, Ward 7
Dr. Treasure Ortiz Mayor Helen Tran
City Manager Eric Levitt
City Attorney Sonia Carvalho
Acting City Clerk Telicia Lopez
3:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION p. 14
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Matthew Brown v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2025900
ii.) Ricardo Paniagua v. City of San Bernardino, et al., United States District Court Case No. 5:25 cv01181SSS
iii.) San Bernardino Development Company, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2405584 B) CONFERENCE WITH LEGAL COUNSEL Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): (2) Cases C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)City Clerk (Discussion; Appointment)
5:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
Mayor and City Council of the City of San Bernardino Page 3
PRESENTATIONS
1. Citizen(s) of the Month – Stevie Valencia, Jr. - The Essential Barber Club - Civic Engagement p. 15
2. Proclamation for Hispanic Heritage Month – September 15 – October 15, 2025 (All Wards) p. 17
3. Proclamation for California Native American Day in the City of San Bernardino – September 26, 2025 (All Wards) p. 19
PUBLIC HEARING
4. Continuation, September 17, 2025, of Public Hearing to Adopt Resolution Denying or Approving Appeal 2406 of Planning Commission's Approval of Resolution 2024034 PC that Restored the Conditions of Approval for Administrative Development Permit 22020 (Ward 3) p. 22 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Adopt Resolution No. 2025352 of the Mayor and City Council of the City of San Bernardino, California denying Appeal 2406 of Appeal 2405, thereby upholding the Planning Commission’s approval of Appeal 2405, which restored the deleted conditions of approval 20 (twenty) through 26 (twentysix) that were redacted within the Community Development and Housing Departments approval of Amendment to Conditions of Approval 2301 for Administrative Development Permit 22020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 014158103) within the Industrial Light (IL) zone, Ward 3 (Attachment 1 (A1)).
OR
2. Adopt Resolution No. 2025353 of the Mayor and City Council of the City of San Bernardino, California approving Appeal 2406, thereby overturning the Planning Commission’s approval of Appeal 2405, regarding conditions of approval 20 (twenty) through 26 (twentysix), that were redacted through the Community Development and Housing Departments approval of Amendment to Conditions of Approval 2301 originally drafted for Administrative Development Permit 22020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 014158103) within the Industrial Light (IL) zone, Ward 3 (Attachment 3 (A2)).
Mayor and City Council of the City of San Bernardino Page 4
5. Approval of the Draft Fiscal Year 20242025 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (All Wards) p. 533
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduct a public hearing on the draft Fiscal Year 20242025 Consolidated Annual Performance and Evaluation Report; and
2. Authorize its submission to the United States Department of Housing and Urban Development; and
3. Authorize the City Manager or designee to take any further actions and execute any additional documents necessary to effectuate the submission of the Fiscal Year 20242025 Consolidated Annual Performance and Evaluation Report.
CITY MANAGER UPDATE
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA We ask that you please observe proper decorum, and do not speak out of turn or make comments from your seat. If you wish to address the Mayor and City Council please be sure to submit a speaker slip. If you speak out of turn or disrupt the meeting a warning may be given and/or you will be asked to leave the meeting pursuant to Government Code Section 54957.9 and Penal Code 403.
CONSENT CALENDAR
6. Approval of Various Mayor and City Council Meeting Minutes p. 887 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:
1. April 2, 2025 Regular Meeting Draft Minutes
2. June 18, 2025 Regular Meeting Draft Minutes
3. July 16, 2025 Regular Meeting Draft Minutes
4. August 13, 2025 Special Meeting Draft Minutes
Mayor and City Council of the City of San Bernardino Page 5
7. Irrevocable Agreement to Annex No. 2025385 to Provide Sewer Services (Ward 6) p. 939
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025367:
1. Approving the application to the Local Agency Formation Commission to provide City sewer services to a property located at 2326 Portola Street, San Bernardino, California, within the unincorporated community of San Bernardino County; and
2. Authorizing the City Manager to execute an Irrevocable Agreement to Annex.
8. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 51, Tax Zone No. 51 (Cajon Industrial Park located at the northwest corner of Institution Road and Southern Pacific RR) (Ward 6) p. 954
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025368:
1. Authorizing the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 20191 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 51); and
2. Authorizing the levy of special taxes therein.
9. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for July 2025 (All Wards) p. 990
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial, payroll disbursements and purchasing card transactions for July 2025.
10. Investment Portfolio Report for July 2025 (All Wards) p. 1089 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Investment Portfolio Report for July 2025.
11. Adoption of Resolution, Establishing the Start Time for the Parks, Recreation and Community Services Commission Regular Meetings (All Wards) p. 1122
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025369 establishing the start time for the regular meetings of the Parks, Recreation and Community Services Commission.
Mayor and City Council of the City of San Bernardino Page 6
12. Authorize the City Manager to Execute Amendment No.1 to the Law Enforcement Services Agreement with the San Bernardino International Airport Authority (All Wards) p. 1128
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the proposed First Amendment to the Law Enforcement Services Agreement between the City of San Bernardino and the San Bernardino International Airport Authority.
13. Acceptance of Yuhaaviatam of San Manuel Nation Grant Award p. 1145 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California (“City”) adopt Resolution No. 2025370 authorizing:
1. The acceptance of the Yuhaaviatam of San Manuel Nation Grant Award; and
2. The amendment of the Fiscal Year 2025/2026 adopted Budget in both revenue and expenditures by $200,000.
14. Approve Amendment No. 2 to the Agreement with Z & K Consultants, Inc. for Nicholson Park Construction Management and Construction Inspection Services for$167,156.21 for a total amount not to exceed $844,794 (Ward 6) p. 1160
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 2 to the Professional Services Agreement with Z & K Consultants, Inc. in the amount of $167,156.21 for the Construction Management and Construction Inspection Services for Nicholson Park Improvements, increasing the not to exceed amount to $844,794 (Project); and
2. Authorize the City Manager or designee to execute all documents with Z & K Consultants, Inc.; and
3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
Mayor and City Council of the City of San Bernardino Page 7
15. Authorization to Issue Two Task Orders with Infrastructure Engineers for Inspection Services in Support of the City’s Capital Improvement Program and Land Development for a total amount not to exceed $450,000 (All Wards) p. 1201
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Task Order No. 2026001 with Infrastructure Engineers, A Bowman Company, in the amount of $250,000 for inspection services in support of the City’s Capital Improvement Program (CIP); and
2. Approve Task Order No. 2026002 with Infrastructure Engineers, A Bowman Company, in the amount of $200,000 for inspection services in support of the Land Development Division; and
3. Authorize the City Manager, or designee, to execute both task orders and any related documents necessary to implement these services, consistent with the terms of the existing Professional Services Agreement with Infrastructure Engineers.
16. Authorization to Issue Two Task Orders with Willdan Engineering for Plan Check, and Staff Augmentation Services in Support of the Land Development Division for a total amount not to exceed $800,000 (All Wards) p. 1226 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Authorize Task Order No. 2026001 with Willdan Engineering in the amount of $600,000 for the provision of plan check services in support of the Land Development Division; and
2. Authorize Task Order No. 2026002 with Willdan Engineering in the amount of $200,000 for the provision of staff augmentation in support of the Land Development Division; and
3. Authorize the City Manager or designee to execute both task orders and any related documents necessary to implement these services, consistent with the terms of the existing oncall Professional Services Agreement with Willdan Engineering.
Mayor and City Council of the City of San Bernardino Page 8
17. Approve the Memorandum of Understanding with the San Bernardino Municipal Water Department for the Total Lease Amount Not to Exceed $354,098 for Water Department Property (Ward 3) p. 1305 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025371:
1. Authorizing the City Manager to Execute the Memorandum of Understanding (MOU) with the San Bernardino Municipal Water Department (SBMWD) for the lease of Water Department Property at 333 Chandler Place; and
2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Animal Shelter operating budget in the amount of $66,696.00 for the lease of Water Department Property at 333 Chandler Place.
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
18. Discuss a Potential for a OneYear Moratorium on the Sale and Use of Fireworks Within the City of San Bernardino and/or Restriction on Permitting and/or Increasing Fines and Enforcement; to be Brought Back to the City Council Within the Next 60 Days (All Wards) – (Council Member Ortiz) p. 1361
19. Direct Staff to Research and Bring Back a Policy Proposal Within 45 Days Evaluating the Feasibility of Requiring All Public and Private Homeless Shelters, Interim Housing Facilities, Homeless Recuperative Care Centers and Similar Facilities Operating Within the City of San Bernardino to Allocate of Minimum of 40% of Beds, Rooms and Service to the City of San Bernardino to Effectively Address the City’s Unhoused Population, Demonstrate the Ability to Provide Shareable Data (As the Law Permits) and Track Participant Outcomes for No Less Than Six months, Submit a 12 Month Security Plan Annually for Approval, Reimbursement Requirement for Any Nuisance Complaints and Increased Service Demands as a Result of the Project, and Complete Interior and Exterior Facility Upgrades that Enhance Neighborhood Aesthetics and Align with Current City Standards. (All Wards) (Council Member Knaus) p. 1362
20. Direct the City Manager to Convene a Special Meeting or Workshop of the Mayor and City Council Within 30 to 60 Days to Provide a Comprehensive Update on the Navigation Center and CityFunded Homeless Service Contractors, Including Project Status, timeline, Budget, Funding, and Performance Outcomes from 2022 to Present. (All Wards) (Council Member Shorett) p. 1363
Mayor and City Council of the City of San Bernardino Page 9
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on October 01, 2025 at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
Mayor and City Council of the City of San Bernardino Page 10
CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the revised agenda for the September 17, 2025, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Tuesday, September 16, 2025.
I declare under the penalty of perjury that the foregoing is true and correct.
Telicia Lopez, CMC, Acting City Clerk
Mayor and City Council of the City of San Bernardino Page 10
CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the revised agenda for the September 17, 2025, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Tuesday, September 16, 2025.
I declare under the penalty of perjury that the foregoing is true and correct.
Telicia Lopez, CMC, Acting City Clerk
Mayor and City Council of the City of San Bernardino Page 11 NOTICE:
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.
In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:
Public Comments and Testimony:
Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.
Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.
Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization's Address.
Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.
Rule 5. Time Limits:
5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.
5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.
Mayor and City Council of the City of San Bernardino Page 12 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.
Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. (A minimum of 15 copies of the document must be provided to distribute to the Mayor, City Council, staff and the public.)
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.
Mayor and City Council of the City of San Bernardino Page 13 ALTERNATE MEETING VIEWING METHOD:
If there are any technicalissues withthelivestream orrecordingfrom the main agendaportalor if you requirean optionwith ClosedCaptioning,you may view themeetingfrom thefollowinglocation (TV3). https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
Written comments can be emailed to [email protected]. Written public comments received up to 2:00 p.m. on the day of the meeting (or otherwise indicated on the agenda)will be provided to the Mayor and City council and made part of the meeting record. Written public commentswillnot be read aloudbycitystaff. Written correspondence canbe accessedbythe publiconline at tinyurl.com/agendabackup .
Attendthe meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the followingpage: tinyurl.com/mccpubliccomments. Anyrequests to speak submitted electronically after the 2:00 p.m. deadline will not be accepted.
Please note: messages submitted via email and this page are only monitored from the publicationof the final agendauntil the deadline to submit public comments. Please contact theCity Clerk at 9099982680or [email protected] assistance outside of this timeframe. Written correspondence submittedafter the deadlinewill be providedto the Mayorand CityCouncilat thefollowing regular meeting.
MEETING TIME
NOTE: Pursuant to ResolutionNo.2024029,adoptedby theMayorand City Council on February21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00P.M. on the same day it began.At 9:00 P.M.,the Mayorand City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00P.M.and will continue all other items on which additional time is required until a future Mayor and City Council meeting. Amajority vote of the Council is required to extend a meeting beyond 10:00P.M.to discuss specified items.”
CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: Closed Session
Recommendation:
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Mark Brown v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2025900
ii) Ricardo Paniagua v. City of San Bernardino, et al., United States District Court Case No. 5:25-cv-01181-SSS
iii) San Bernardino Development Company, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No.
CIVSB2405584
B) CONFERENCE WITH LEGAL COUNSEL - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): (2) Cases C) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)City Clerk (Discussion; Appointment)
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, 1st Ward
Department: Council Office
Subject: Citizen(s) of the Month – Stevie Valencia, Jr.
The Essential Barber Club - Civic Engagement
Packet Page. 15
CERTIFICATE
OF RECOGNITION
FROM THE MAYOR & CITY COUNCIL
PROUDLY PRESENTED TO
STEVIE VALENCIA, JR.
THE ESSENTIAL BARBER CLUB
CIVIC ENGAGEMENT RECOGNITION
SEPTEMBER 2025
Citizen of the Month
In recognition of your outstanding service, steadfast dedication, and unwavering commitment to improving the quality of life for the residents of San Bernardino, your leadership, compassion, and civic engagement embody the spirit of community and serve as an inspiration to others. We honor the meaningful difference you continue to make in our city.
PRESENTED ON SEPTEMBER 17, 2025
Packet Page. 16
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Hispanic Heritage Month – September 15 – October 15, 2025 (All Wards)
Packet Page. 17
A PROCLAMATION OF
THE MAYOR AND CITY COUNCIL
PROCLAIMING SEPTEMBER 15 – OCTOBER 15, 2025,
AS HISPANIC HERITAGE MONTH
IN THE CITY OF SAN BERNARDINO
WHEREAS, Hispanic Heritage Month is observed nationally from September 15 through October 15 each year, recognizing the histories, cultures, and contributions of Americans whose ancestors came from Spain, Mexico, the Caribbean, and Central and South America; and
WHEREAS, this celebration began in 1968 as Hispanic Heritage Week under President Lyndon B. Johnson and was expanded in 1988 to a month-long recognition by President Ronald Reagan, reflecting the importance of Hispanic and Latino communities in shaping the history and fabric of the United States; and
WHEREAS, the City of San Bernardino is home to a vibrant and diverse Hispanic and Latino community whose traditions, values, entrepreneurship, and leadership have enriched the cultural, social, and economic vitality of our city; and WHEREAS, Hispanic residents of San Bernardino have made significant contributions in every field including education, business, public service, healthcare, the arts, and community leadership, strengthening the unity and resilience of our city; and WHEREAS, the San Bernardino Hispanic Chamber of Commerce has played a vital role in advancing opportunities for Hispanic-owned businesses, promoting economic development, supporting entrepreneurs, and fostering partnerships that help strengthen the local economy; and
WHEREAS, the City recognizes the importance of honoring the leadership, hard work, and dedication of organizations like the San Bernardino Hispanic Chamber of Commerce that empower business owners and support the prosperity of our community; and WHEREAS, Hispanic Heritage Month provides an opportunity to celebrate the achievements of Hispanic Americans, to reflect on the challenges that remain, and to reaffirm our commitment to equity, inclusion, and opportunity for all.
NOW, THEREFORE, BE IT RESOLVED, THAT, the Mayor of the City of San Bernardino, on behalf of the City Council, do hereby proclaim September 15 – October 15, 2025, as Hispanic Heritage Month in the City of San Bernardino, and encourage all residents to join in recognizing the contributions and achievements of Hispanic and Latino Americans, and in celebrating the cultural richness that strengthens and unites our community.
Presented on the 17th Day of September 2025
Packet Page. 18
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor Tran
Department: Mayor's Office
Subject: Proclamation for California Native American Day in the City of San Bernardino – September 26, 2025
(All Wards)
Packet Page. 19
PROCLAMATION OF THE
MAYOR AND CITY COUNCIL
OBSERVING SEPTEMBER 26, 2025, AS
CALIFORNIA NATIVE AMERICAN DAY
IN THE CITY OF SAN BERNARDINO
WHEREAS, the City of San Bernardino recognizes the importance of acknowledging and honoring the rich history, culture, and contributions of California Native Americans:
and,
WHEREAS, the City of San Bernardino recognizes and acknowledges that our city is on the Ancestral Homelands of the Yuhaaviatam of San Manuel Nation, and is home to the first and only California Native American elected to the States’ Legislature, Assemblymember James C. Ramos; and
WHEREAS, California Native American Day provides an opportunity to celebrate the heritage, traditions, and resilience of California Native American peoples; and, WHEREAS, California Native American Day offers a chance to educate the community about the diverse California Native American cultures that have shaped our region in our state; and,
WHEREAS, the City of San Bernardino aims to promote inclusivity, diversity, and respect for all individuals and communities within our city limits; and, WHEREAS, California Native American communities have made significant contributions to the growth, development, and progress in the City of San Bernardino through their rich traditions, art, language, medicine, environmental stewardship, and more; and,
WHEREAS, recognizing California Native American Day will foster a greater understanding and appreciation of the historical and contemporary issues faced by California Native American communities; and,
WHEREAS, the State of California officially recognized California Native American Day as an official state holiday as a result of AB 1953 being signed into law by then Governor Wilson, authored by then Assemblymember Joe Baca Sr.
NOW, THEREFORE, BE IT PROCLAIMED THAT the Mayor & City Council of San Bernardino that: The City of San Bernardino officially recognizes the importance of California Native American Day, celebrated every year on the 4th Friday of September and this year on September 26, 2025.
The City of San Bernardino encourages residents, educational institutions, and community organizations to observe California Native American Day through activities, Packet Page. 20
events, and educational initiatives that promote understanding, cultural exchange, and respect for California Native American traditions and contributions.
The City of San Bernardino encourages local businesses and organizations to support California Native American artisans, entrepreneurs, and cultural initiatives through partnerships, collaborations, and sponsorship opportunities.
The City of San Bernardino calls upon neighboring jurisdictions to recognize California Native American Day as an official observance, highlighting the importance of honoring and respecting the Native American people and their contributions to our society.
Presented this 17th Day of September 2025
Packet Page. 21
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: September 17, 2025
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing; Department: Community Development & Housing
Subject: Continuation, September 17, 2025, of Public Hearing to Adopt Resolution Denying or Approving Appeal 24-06 of
Planning Commission's Approval of Resolution 2024-034-
PC that Restored the Conditions of Approval for
Administrative Development Permit 22-020 (Ward 3)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Adopt Resolution No. 2025-352 of the Mayor and City Council of the City of San Bernardino, California denying Appeal 24-06 of Appeal 24-05, thereby upholding the Planning Commission’s approval of Appeal 24-05, which restored the deleted conditions of approval 20 (twenty) through 26 (twenty-six) that were redacted within the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; for the property located at 379 E.
Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 1 (A1)).
OR
2. Adopt Resolution No. 2025-353 of the Mayor and City Council of the City of San Bernardino, California approving Appeal 24-06, thereby overturning the Planning Commission’s approval of Appeal 24-05, regarding conditions of approval 20 (twenty) through 26 (twenty-six), that were redacted through the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 originally drafted for Administrative Development Permit 22-020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 3 (A2)).
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Executive Summary
This staff report outlines the recommended actions of the City Council, actions taken by the Planning Commission and Planning Staff, regarding the property known as 379 E. Industrial Road (Attachments 9 and 10). The action taken by the City Council could affirm or overturn Planning Commission’s approval of Resolution 2024-034 for Appeal 24-05 (Attachment 6).
Background
Appellant II
Carney Mehr Law (known as Appellant II), representing ADESA International, a frozen food manufacturing company, doing business at 379 E. Industrial Way, in the Waterman Business Center, is appealing Planning Commission’s decision of November 12, 2024. At that meeting, and by adoption of Resolution 2024-034, the Planning Commission heard Appellant II’s claims and still approved Appeal 24-05, filed by the Waterman Business Center Association (WBCA, Appellant I). The decision of the Planning Commission restored the seven (7) deleted conditions of approval for Administrative Development Permit (ADP) 22-020.
Planning Commission’s November 12, 2024 Directive
After listening to presentation on both sides of the appeal, the Planning Commission directed staff to return Administrative Use Permit 22-020 for revocation based on information provided by both Appellant II and Appellant I (WBCA). The Commission believed that ADESA International was in violation of the City’s parking code and the conditions of approval for ADP 22-020.
The basis of appellant II’s appeal is that the appeal heard by the Planning Commission on November 12, 2024, was untimely. According to Carney Mehr Law (Appellant II), “a total of 412 days passed” between the final action and the submittal of the appeal and that “the appeal should not have been heard by the Planning Commission at all”.
Appellant II also claims that a city does not serve to enforce private association regulations, and that any disagreements between tenant and management are considered private matters. The current Director of Community Development & Housing disagrees with this statement because the conditions included with ADP 22- 020 were not only private association regulations. Also, those conditions were necessary because ADESA International was the only business within the 12-building complex, to install a 9,000-gallon hydrogen tank outdoors. This is considered a special circumstance that requires special regulations.
Appellant II also claims that “allowing the appeal to go forward compromised the Permittee’s (ADESA’s) due process and vested property right in the Amended Permit”.
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The Director’s position on this is that Appellant I’s due process was also abridged when the timely appeal was filed one day after the removal of several conditions from ADP 22-020 by staff and not processed. The City faces the same exposure to litigation from Appellant I as with Appellant II.
Appellant I
The Waterman Business Center Association (known as Appellant I) 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. 379 E. Industrial Way is one of the 12 buildings within the Waterman Business Center and is owned by S&E Investments, a WBCA member leasing the building to ADESA. ADESA is a tenant and a member of the WBCA.
Appellant I appealed the removal of conditions of approval for Administrative Development Permit 22-020, which was issued on July 22, 2022 to allow ADESA International to install an approximately 9,000-gallon liquid nitrogen tank outdoors.
The seven conditions identified below as well as the timing of the appeal are some of the bones of contention of Appellant II’s appeal. The seven conditions state as follows:
(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.
(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.
Staff Actions in 2023
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Most of the information pertaining to city staff’s actions in 2023 are detailed in the attached Planning Commission staff report (Attachment 5). However, for the benefit of the Mayor and City Council, staff provides the following synopsis.
At the direction of the department’s then director and City Planner, planning staff, on July 20, 2023, amended and redacted Conditions of Approval 20 through 26 (above) from the original Administrative Development Permit 22-020 with Amendment to Conditions 23-01(Attachment 12). Four days later, on 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. Per 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).
The appeal filed by WBCA met the 15-day statutory filing period; however, staff did not engage with the appellant nor request payment and submittal of the appeal on an official appeal form as they were directed by the then interim Director not to engage as they (the Interim Director) would look into the issue and come up with a resolution.
There was no communication between Planning Staff or any of the Appellants until 2024.
It was not until September 4, 2024, more than a year and two months after the official appeal request letter was filed, that the Planning Department, under a new director, officially processed the appeal with the accompanying fee. One of the reasons why the Appellant I (WBCA) was adamant about the appeal and the restoration of the conditions of approval for ADP 22-022, was that ADESA, between 2023 and 2024 were in violation of the parking terms substantiated within ADP 22-020.
Although the WBCA alleges issues with the parking and presented photographic evidence of these violations which indicate that trucks were parked in red parking zones and access to other tenants’ parking spaces was impeded, the Police Department confirmed that there was one call for service for a parking violation within a one-year period and none to Code Enforcement, per research, that were enforceable.
The Planning Commission heard all testimonies on November 12, 2024 and moved to approve the appeal by Appellant I.
Discussion
Chronology
In February 2021 an application for a Zoning Verification Review for ADESA International was received by the City of San Bernardino Planning Division. Because the proposed land use was a permitted use per the City of San Bernardino Development Code Chapter 19.08 Section 19.08.080.01 (Industrial Zones list of Permitted, Development Permitted and Conditionally Permitted uses), the Planning Division issued the Zoning Verification Review determining that the Land Use was Packet Page. 25
permitted within the Industrial Light zone, and a business license could be obtained through the Business Registration Department with the processing of applicable applications and payment of applicable fees.
In May 2022, an application for Administrative Development Permit 22-020 was submitted by ADESA International for the installation of an approximately 9,000-gallon nitrogen tank which would be utilized in conjunction with the packaging of their frozen foods which they package and distribute to other businesses. At the time of the submission of Administrative Development Permit 22-020, the Waterman Business Center Association (Appellant I) expressed some concerns to Planning Staff about the operating characteristics of tenant ADESA international. Specifically, Appellant I indicated that ADESA had performed unpermitted construction and were parking in unauthorized parking locations throughout the Industrial Center, including red zones, which was impeding vehicular access and parking for other businesses and their employees.
Besides the concerns about parking and circulation, the WBCA was also concerned that installing the nitrogen tank would result in: (a) modifications to existing storm drains; (b) elimination of required landscaping; and (c) that the tank would represent and eyesore to offices within the industrial park, which was not in conformance with their CC&Rs (Attachment 14)
After the Planning Division’s analysis of the project in its entirety and through working with ADESA and in an effort to work with the WBCA (Appellant I), Planning Division management at the time agreed to incorporate a set of conditions that were crafted by the Appellant I (WBCA) and included them within Administrative Development Permit 22-020. The understanding was that the addition of the Conditions of Approval within ADP 22-020 were agreed upon by all parties involved (Attachment 15). This agreement, confirmed by Appellant I’s President, ensured no objections from Appellant I (WBCA), ADESA, and all stakeholders. Appellant I also attested that without the addition of the Conditions of Approval the WBCA and stakeholders within the industrial center would have objected to the addition of the nitrogen tank. The seven conditions referenced earlier were added to ADP 22-020.
In March 2023, a representative from ADESA contacted the City Manager’s office, City Planner, and Department Director about Administrative Development Permit 22-020 and Conditions of Approval 20 through 26. They wanted to know the rationale behind imposing the conditions. The then City Planner and Department Director explained that the conditions were included to accommodate all parties and avoid any conflicts within the 12-building development.
Subsequent to the meeting in March, then Agency Director and the City Planner directed the removal of Conditions 20 through 26, claiming they were operational concerns between WBCA and ADESA. Before this action was taken, the Director of Community Development and the City Planner resigned.
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In May of 2023 ADESA’s legal team reached out to the City to see what position the City was taking on the removal of the said conditions. At that time the City Planner and Department Director positions were vacant.
In July 2023, the conditions of approval 20 through 26 were redacted Conditions from the original ADP with Amendment to Conditions 23-01. Staff created the report, signed it, and sent it to both ADESA International as they was the original applicant and occupants of the building and Appellant I (WBCA).
On July 20, 2023 Appellant I (WBCA) sent a letter to Planning staff appealing the removal of Conditions of Approval 20 through 26. It was around this time an interim Department Director was appointed. The Director determined that if Appellant I wanted to appeal the removal of said conditions, the department would honor it.
At the duly noticed public hearing of the Planning Commission on October 8, 2024, Appeal 24-05 was continued to the Planning Commission meeting of November 12, 2024 for final action because ADESA was unable to attend the hearing, and the City’s legal counsel did not want one side of the case presented to the Planning Commission without representation from the other side.
At the duly noticed public hearing of the Planning Commission on November 12, 2024 the Appellant I (WBCA), and two (2) community business owners, Family Memorial and Crematory and Social Vocational Services, spoke out in opposition to ADESA’s business practices. After the Appellant I’s and public input, the Respondent (ADESA), represented by Appellant II, rebutted (Attachment 16), but the Planning Commission deliberated and approved Appeal 24-05 with the adoption of Resolution 2024-034.
On November 25, 2024, Appellant II filed for Appeal 24-06 which was thirteen days form the date of the Planning Commission deliberation within the allotted time to appeal a decision.
At the Duly noticed public hearing of the Mayor and City Council on August 20, 2025 by request from both Appellants I and II, the Mayor and City Council continued Appeal 24-06 to a date specific Mayor and City Council hearing of September 17, 2025. The motion was carried by Council Member Fred Shorette and Seconded by Council Member Dr. Treasure Ortiz and the continuance for the item to September 17, 2025 was passed unanimously.
Appellant II’s grounds for appeal (Attachment 7), and Appellant I’s responses (Attachment 8) are included as exhibits to this report.
Plannings Rationale:
The Conditions of Approval that were imposed do not do anything extra for the permit.
The Administrative Development Permit already covered all the concerns that were raised in the first place, including parking, in which condition 19 of the original approval was never removed and addressed parking issues. The addition or the removal of the Conditions of Approval 20-26 isn’t substantial, the Cities implemented Conditions Packet Page. 27
covered all concerns in the first place and the conditions 20-26 were redundant.
Condition 20 doesn’t relate to the City’s code and is handled through the WBCA CC&Rs. Conditions 21 and 22 go beyond what the City requires for fencing and landscaping and are already covered under the original Conditions of Approval imposed by the City of San Bernardino within the original ADP. Condition 24, which is about exterior equipment, goes against the City’s Development Code if it stays as written. Conditions 23, 25, and 26 are about private business operations, which the City doesn’t control and should not have included and are already included in the WBCA CC&Rs. Also, Condition 19, which stayed in the original approval, talks about parking. It says the applicant must make sure that all vehicles—including those of employees and visitors—only park at 379 E Industrial Road unless they have written permission to park elsewhere.
2021-2025 Strategic Targets and Goals
N/A
Fiscal Impact
There is no fiscal impact associated with Appeal 24-06.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Adopt Resolution No. 2025-352 of the Mayor and City Council of the City of San Bernardino, California denying Appeal 24-06 of Appeal 24-05, thereby upholding the Planning Commission’s approval of Appeal 24-05, which restored the deleted conditions of approval 20 (twenty) through 26 (twenty-six) that were redacted within the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; for the property located at 379 E.
Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 1 (A1)).
OR
2. Adopt Resolution No. 2025-353 of the Mayor and City Council of the City of San Bernardino, California approving Appeal 24-06, thereby overturning the Planning Commission’s approval of Appeal 24-05, regarding conditions of approval 20 (twenty) through 26 (twenty-six), that were redacted through the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 originally drafted for Administrative Development Permit 22-020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 3 (A2)).
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Attachments
Attachment 1 Resolution NO. 2025-352 (Denying AP 24-06) Attachment 2 Resolution NO. 2025-352 (“Exhibit A1” project plans) Attachment 3 Resolution NO. 2025-353 (Approving AP 24-06) Attachment 4 Resolution NO. 2025-353 (Exhibit A2” project plans) Attachment 5 November 12, 2024 PC package for reference Attachment 6 Planning Commission approval of Reso 2024-034 Attachment 7 Appellant Justification (Appeal) Letter ADESA Attachment 8 WBCA response to ADESA appeal grounds
Attachment 9 Zoning Map
Attachment 10 Aerial Map
Attachment 11 Administrative Development Permit 22-020 (original approval) Attachment 12 Amendment to Conditions 23-01 (removing the conditions) Attachment 13 WBCA original Letter of Appeal AKA Letter to Elizabeth MoraRodriguez (7.24.2023) Attachment 14 “Exhibit B” Recorded Waterman CCR's
Attachment 15 “Exhibit C” Agreements of all parties
Attachment 16 ADESA original response to WBCA original appeal (from
11.12.24 meeting )
Attachment 17 Original Appeal Applications for both Parties (AP 24-05 and AP 24-06)
Attachment 18 Copy of Chapter 19.52
Attachment 19 Presentation
Attachment 20 Proof of Publication-Appeal 24-06
Attachment 21 PD Calls to Service 2024-2025
Ward:
3 Synopsis of Previous Council Actions:
The Mayor and City Council unanimously voted to continue the item to the meeting of September 17, 2025. Re-noticing was not required due to the fact that there was a date specific continuance.
CC: Eric Levitt, City Manager
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Resolution No. 2025-352
Resolution No. 2025-352
September 17, 2025
RESOLUTION NO. 2025-352
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DENYING APPEAL 24-06 OF APPEAL 24-05, THEREBY
UPHOLDING THE PLANNING COMMISSION’S
APPROVAL OF APPEAL 24-05, WHICH RESTORED THE
DELETED CONDITIONS OF APPROVAL 20 (TWENTY)
THROUGH 26 (TWENTY-SIX), THAT WERE REDACTED
THROUGH THE COMMUNITY DEVELOPMENT AND
HOUSING DEPARTMENTS APPROVAL OF
AMENDMENT TO CONDITIONS OF APPROVAL 23-01
FOR ADMINISTRATIVE DEVELOPMENT PERMIT 22-
020; FOR THE PROPERTY LOCATED AT 379 E.
INDUSTRIAL ROAD ON 0.83 ACRES (APN: 0141-581-03)
WITHIN THE INDUSTRIAL LIGHT (IL) ZONE, WARD 3.
WHEREAS, on November 25, 2024, pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits-Applications) of the City of San Bernardino Development Code an application for Appeal 24-06 was duly submitted by:
Appellant: Adesa International and SGE Investments, LLC 379 E. Industrial Road
City of San Bernardino, CA 92408
Respondent: Waterman Business Center Association
328 E. Commercial Road Suite 107
San Bernardino, CA 92408
Parcel Address: 379 E. Industrial Road
APN: 0141-581-03
Lot Area: 0.83 acres
WHEREAS, Appeal 24-06 is an appeal of the Planning Commission’s approval of Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were deleted from the original Administrative Development Permit 22-020 for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) located within the Industrial Light (IL) zone, Ward 3; and
WHEREAS, On July 22, 2022, the original approval for Administrative Development Permit 22-020 was issued to Adesa International and involved the installation of an approximately 9,000-gallon nitrogen tank which would be utilized in conjunction with the packaging of Adesa International frozen foods; this approval included Conditions of Approval numbers 20-26; and
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Resolution No. 2025-352
Resolution No. 2025-352
September 17, 2025
WHEREAS, on July 20, 2023, planning staff amended and deleted Conditions of Approval 20 through 26 from the original Administrative Development Permit 22-020 with Amendment to Conditions 23-01;and
WHEREAS, On July 24, 2023 The Waterman Business Center Association sent a letter requesting an Appeal of Amendment to Conditions of Approval 23-01 specifically related to the deletion of Conditions of Approval numbers 20 (twenty) – 26 (twenty-six); and WHEREAS, On September 4, 2024, The Waterman Business Center Association filed Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22- 020; and
WHEREAS, on October 8, 2024 pursuant to the requirements of Sections 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020. At the public hearing of the Planning Commission opposing comments speaking to the approval of Appeal 24-05 were made by Family Memorial and Crematory and Social Vocational Services. However, Appeal 24-05 was continued to the Planning Commission meeting of November 12, 2024 for final action; and WHEREAS, At the duly noticed public hearing of the Planning Commission on November 12, 2024 the appellant of Appeal 24-05 (Waterman Business Center Association) and two (2) community business owners, Family Memorial and Crematory and Social Vocational Services, spoke out in opposition to the respondent (ADESA) business practices. After the appellant and respondents’ testimony, and public input, the Planning Commission deliberated and approved Appeal 24-05 which restored the deleted conditions of approval 20 (twenty) through 26 (twenty-six), redacted with the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; and
WHEREAS, on November 25, 2024 Adesa International and SGE Investments LLC filed Appeal 24-06 of Appeal 24-05; and
WHEREAS, notice of the August 20, 2025 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on August 9, 2025 and mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, at the duly noticed public hearing of the Mayor and City Council on August 20, 2025, at the request of both parties, Appellant I and Appellant II; Appeal 24-06 of Appeal 24- 05 was continued to the Mayor and City Council meeting of September 17, 2025 for consideration; and
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Resolution No. 2025-352
Resolution No. 2025-352
September 17, 2025
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearing and Appeals) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to act on Appeal 24-06 of Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Compliance with the California Environmental Quality Act. Being the decision-making body for the project, the Mayor and City Council reviewed and considered the information contained in the administrative record for the initial approval of Administrative Development Permit 22-020. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council finds as follows:
1. The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines, and
2. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines; and
3. The application of the categorical exemption is not barred by one of the exceptions set forth in the State CEQA Guidelines Section 15300.2; and
4. The determination of State CEQA exemption reflects the independent judgment of the Mayor and City Council.
SECTION 3. CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF ADMINISTRATIVE DEVELOPMENT PERMIT 22-020:
Based upon the comprehensive review and evaluation, as required by Chapter 19.44 of the City of San Bernardino Development Code, Administrative Development Permit 22-020 was approved subject to the following Conditions of Approval:
1. This Administrative Development Permit is an approval to allow the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building. The project site is located at 379 E. Industrial Road (APN:0141-581-03), within the Industrial Light (IL) Zone.
2. Within two (2) years of the Administrative Development Permit approval, commencement of construction shall have occurred, or the permit/approval shall become Packet Page. 32
Resolution No. 2025-352
Resolution No. 2025-352
September 17, 2025
null and void. In addition, if after commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Administrative Development 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.
3. The site shall be developed and maintained in accordance with the approved plans stamped June 22, 2022 approved by the City, which includes a site plan, on file in the Planning Division; the conditions contained herein; and, the City’s Municipal Code regulations.
EXPIRATION DATE: June 22, 2024
4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (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.
6. 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 Administrative Development Permit, this condition shall remain in effect if the Administrative Development Permit is rescinded or revoked, whether or not at the request of applicant.
7. 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.
8. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and/or architecture shall be submitted to the Planning Division prior to any modification of the building exterior, for evaluation for substantial conformance to the approved plans.
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Resolution No. 2025-352
Resolution No. 2025-352
September 17, 2025
9. Minor Modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds ten percent (10%) of allowable measurable design/site considerations shall require the refilling of the original application.
10. The property owner(s), facility operator and property management will be responsible for regular maintenance of the 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 must be removed within 24 hours of being reported.
11. The applicant/owner shall maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition at all times and any dead or missing vegetation must be promptly replaced.
12. 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. Signs painted on the buildings are prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained.
13. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval printed on the plan sheets.
14. A concrete washout shall be provided for the proposed project.
15. All Conditions of Approval shall be completed prior to final inspection and sign-off.
16. All new construction shall require permits prior to commencement.
17. 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.
18. All new construction shall be confirmed with the San Bernardino County Fire Department. Please contact San Bernardino County Fire Department Fire Prevention, located at 200 E. 3rd Street, San Bernardino, CA 92410 regarding all and/or any submittal requirements regarding new construction via phone at (909) 918-2200. 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.
19. Applicant shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner.
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Resolution No. 2025-352
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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 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.
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.
Public Works Conditions
a. For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall 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 Dedication of Right of Way
(ft.) from centerline Curb Line(ft)
Industrial Parkway
(0141-581-03-0000)
30’ Existing
No Dedication
“Local Industrial”
Per General Plan
19’+/- Existing
None-Proposed
b. Industrial Road-TI=5.5:
i) Placement of the tank shall not be within the existing or any future rightsof-way. ii) The existing curb & gutter, sidewalk, and/or driveway fronting the site are in fair condition, if any curb & gutter panels, or sidewalk panels are lifted, cracked, or do not meet current ADA requirements, each of the panels Packet Page. 35
Resolution No. 2025-352
Resolution No. 2025-352
September 17, 2025
shall be replaced per city standards. Install Sidewalk in missing areas of the frontage. iii) Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer.
iv) When replacing/reconstructing curb and gutter panels, construct 8" Curb and Gutter per City Standard No. 200, type “B”.
v) If Replacing or reconstructing Sidewalk panels construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). vi) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering.
* A Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). * These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans.
c. City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections.
d. A temporary construction 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.
e. Any pavement work affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. 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. g. The above conditions shall comply with current codes and policies at time of construction.
h. The above conditions shall comply with current codes, policies, and standards at time of construction.
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Resolution No. 2025-352
Resolution No. 2025-352
September 17, 2025
i. Prior to a Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works.
27. Required Engineering Plans
a. A complete submittal for plan checking shall consist of:
▪ Street improvement plans (may include streetlight or street lighting may be separate plans).
▪ Signing and striping plan (may be on sheets included in street improvement plan
▪ On-site improvement plans and landscaping and irrigation, ▪ Lighting (on-site lighting may be included in on-site improvement plan or maybe on a separate stand-alone plan).
▪ CFD’s are required, the CFD Plans shall include Landscaping, Irrigation, Basins, etc. items that are included in the CFD that are not listed in the plans above, shall be on separate sheets included in the street improvement plans. ▪ 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. 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.sbcity.org. c. 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.
d. 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.
e. Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project. Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval.
28. Required Engineering Permits
a. On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping.
b. Off-site improvement construction permits.
c. WQMP/Hydrology (THR) (if applicable)
Packet Page. 37
Resolution No. 2025-352
Resolution No. 2025-352
September 17, 2025
d. CFD/Street Dedication Permit (if applicable)
e. Traffic Control and ROW Permits (if applicable)
29. Applicable Engineering Fees
a. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org
b. 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 fee for each set of plans will be required at time of application for plan check. c. 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.
30. Traffic Requirements
a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan.
31. Integrated Waste Management
a. During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b. The site plan dated November 22, 2021, identifies the installation of a 9,000- gallon liquid nitrogen tank and equipment enclosure at an existing building located at 379. E. Industrial Road.
c. Burrtec Waste’s review of the site plan identifies a proposed nitrogen storage tank located east of the existing refuse enclosure serving the property. The enclosure is currently accessed by a looped driveway. Based on the information provided, the project tank and enclosure will not impact Burrtec’ s ability to service the existing refuse enclosure. Any changes to the overall design, enclosure specifications or location, or access may adversely impact Burrtec’ s ability to service the project.
Any design modification that could impact Burrtec’ s service will be subject to review by Burrtec. Burrtec’ s review of this project is limited to determining whether it meets Burrtec’ s minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to equipment and personnel and do not pertain to the project’s compliance with applicable federal, state and local land use and environmental laws, building codes or other applicable government regulations.
Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project.
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Resolution No. 2025-352
Resolution No. 2025-352
September 17, 2025
d. Contact the Building & Safety Division to determine ADA accessibility requirements. Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area.
e. Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508). f. Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City.
g. Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35-foot long, three-axle collection truck.
The minimum inside curb radius shall be at least 28 feet. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s truck turning template may be obtained from the Public Works Department in PDF and CAD. h. Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet.
The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet. i. Hammerhead Turnarounds – Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the Public Works Department.
j. If gated, access shall be provided by means of a key, code, or remote. k. Assembly Bill 341 Mandatory Commercial Recycling may apply. l. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. m. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. n. Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222.
San Bernardino Consolidated Fire District
31. All conditions set forth by the County of San Bernardino Fire Department shall be followed.
Packet Page. 39
Resolution No. 2025-352
Resolution No. 2025-352
September 17, 2025
CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF AMENDMENT TO CONDITIONS OF APPROVAL 23-01 FOR ADMINISTRATIVE DEVELOPMENT PERMIT 22-020:
The approval of Amendment to Conditions of Approval 23-01 for Administrative Development Perit 22-020 was subject to the following Conditions of Approval:
1. This approval authorizes the applicant an allowance for the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building located on a parcel containing approximately 0.83 acres located at 379 E. Industrial Road (APN:0141-581-03) within the Industrial Light (IL) zone.
2. This approval shall comply with Administrative Development Permit 22-20, dated June 22, 2022.
The following Conditions of Approval for previously approved Administrative Development Permit 22-20 are deleted from the original approval of Administrative Development Permit 22- 020 as follows:
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.
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.
CONDITIONS OF APPROVAL RE-INSTATED WITHIN ADMINISTRATIVE DEVELOPMENT PERMIT 22-020 WITH THE ADOPTION OF RESOLUTION 2024- 034 THAT WOULD REMAIN WITHIN ADMINISTRATIVE DEVELOPMENT PERMIT 22-020 WITH THE ADOPTION OF RESOLUTION NO. 2025-263:
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Resolution No. 2025-352
Resolution No. 2025-352
September 17, 2025
The following Conditions of Approval for previously approved Administrative Development Permit 22-020 which were redacted with Amendment to Conditions 23-01, and then re-instated with the adoption of Resolution 2024-034 approved by Planning Commission on November 12 2024 are as follows:
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 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.
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.
End of Conditions of Approval
SECTION 4. The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings.
SECTION 5. Severability: If any section, subsection, subdivision, sentence, 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 No. 2025-352
Resolution No. 2025-352
September 17, 2025
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of September, 2025
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, Acting City Clerk
Approved as to form:
Albert Maldonado, City Attorney
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Resolution No. 2025-352
Resolution No. 2025-352
September 17, 2025
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-352, adopted at a regular meeting held on the 17th day of September, 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ ______ ______ _______ _______
IBARRA ______ ______ _______ _______
FIGUEROA ______ ______ _______ _______
SHORETT ______ ______ _______ _______
KNAUS ______ ______ _______ _______
FLORES ______ ______ _______ _______
ORTIZ ______ ______ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2025.
_____________________________
Telicia Lopez, Acting City Clerk
Packet Page. 43
96.49'
231.44'
184.30'
E INDUSTRIAL RD
30'±
24'-1"±
21' ±
63'±
8.5'
TYP
23'-3"±
℄
49.46'±
211.72'±
INSTALLATION OF 9,000-GAL LIN TANK
AND ENCLOSURE
Adesa International
LOCATION
SGE JOB No. 521.073.422
May 20, 2022
TEL. (949) 552-5244 FAX (949) 552-5243
S. GORDIN STRUCTURAL DESIGN
2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612
& ENGINEERING SERVICES (SGE), INC.
379 E Industrial Rd, San Bernardino, CA 92408
ADESA INTERNATIONAL
DATE: November 22, 2021
REVISIONS
TOTAL SITE PLAN SHEETS - 2
DESIGNED BY
APPROVED BY
JT
VSG
THESE PLANS WERE DEVELOPED RESTRICTIVELY
FOR USE ON THE STRUCTURES AND BY
PERSONS/COMPANY AS SPECIFIED IN THE TITLE
BLOCK. ANY OTHER USE (INCLUDING, BUT NOT
LIMITED TO, DISSEMINATION AND COPYING) OF
THESE PLANS OR ANY USE OF THE PLANS BY ANY
PARTY OR PARTIES OTHER THAN THE ONES
SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY
PROHIBITED UNLESS UNDER A WRITTEN
PERMISSION BY SGE.
CLIENT
PRACTICAL
SOLUTIONS
15233 VANADA RD,
LA MIRADA, CA 90638
ATTENTION:
REFER TO LIST OF REVISIONS ON THIS SHEET:
THE RELEASE OF THIS DRAWING WITH THE LATEST
REVISION NUMBER AND DATE SUPERSEDES AND VOIDS
ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE
SUBJECT SITE.
N VICINITY MAP DRAWING INDEX
SP1 SITE PLAN, NOTES & PROJECT INFORMATION
SP2 ENLARGED AREA OF WORK, ELEVATIONS & DETAILS
S1 STRUCTURAL LAYOUT, NOTES & DETAILS
S2 STRUCTURAL DETAILS
S3 ENCLOSURE DETAILS
KEYNOTES
EXISTING (E), NO CHANGE
BY OTHERS, NIC
NEW (N)
REFER TO STRUCTURAL DRAWINGS
1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN
2E PARKING 2N CONCRETE PAD
3E ACCESSIBLE PARKING SPACE 3N BOLLARD
4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE
5E DRIVEWAY 5N DOOR, BY OTHERS, NIC
6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC
7E TRANSFORMER
8E REFUSE ENCLOSURE
9E 6' FENCE & GATE
10E CURB
1 -
SP1
SITE PLAN,
NOTES &
PROJECT
INFORMATION
PROJECT
SITE
20 0 20 40
1 SITE PLAN
FOR REFERENCE ONLY
5E
1E
FT FT FT
CONSTRUCTION NOTES
1. GENERAL CONSIDERATIONS
A. ALL WORK SHALL BE PERFORMED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE
LOCAL, STATE, AND NATIONAL CODES, AS WELL AS WITH THE PRINCIPLES OF GOOD CONSTRUCTION PRACTICE.
B. DURING THE CONSTRUCTION PERIOD THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY (INCLUDING FIRE SAFETY) OF THE NEW, AS WELL AS EXISTING, STRUCTURES. THE CONTRACTOR SHALL
PROVIDE ADEQUATE SHORING, BRACING, AND GUYS IN ACCORDANCE WITH ALL NATIONAL, STATE, AND LOCAL SAFETY ORDINANCES. THAT RESPONSIBILITY SHALL APPLY CONTINUOUSLY AND SHALL NOT BE LIMITED TO NORMAL WORKING HOURS. ANY DEVIATION FROM SUCH ORDINANCES MUST BE REVIEWED AND APPROVED BY SGE PRIOR TO CONSTRUCTION.
C. THE CONTRACTOR SHALL THOROUGHLY REVIEW THE PLANS AND CHECK ALL DIMENSIONS PRIOR TO COMMENCING THE WORK. ALL DISCREPANCIES SHALL BE CALLED TO THE ATTENTION OF SGE AND RESOLVED BEFORE PROCEEDING WITH THE WORK.
D. THE CONTRACTOR SHOULD NOT PROCEED WITH CONSTRUCTION IN CASE OF CONFLICT(S) BETWEEN
THE DETAILS, AND/OR BETWEEN THE DETAILS AND PLANS, AND/OR BETWEEN THE PLANS AND SCHEDULES. THE CONSTRUCTION SHALL RESUME ONLY UPON THE FULL RESOLUTION OF SUCH CONFLICT BY SGE.
E. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE RESTORATION OF WORKING CONDITION OF ALL EXISTING COMPONENTS AND STRUCTURES AFFECTED BY THIS CONSTRUCTION. THE CONTRACTOR
SHALL CONSTANTLY KEEP THE AREA OF CONSTRUCTION FROM ACCUMULATION OF WASTE MATERIALS AND DEBRIS.
F. AT THE END OF EACH DAY OF CONSTRUCTION ACTIVITY, ALL CONSTRUCTION DEBRIS AND WASTE MATERIALS SHALL BE COLLECTED AND PROPERLY DISPOSED IN TRASH OR RECYCLE BINS. AT THE END
OF WORK, THE CONTRACTOR SHALL REMOVE ALL WASTE, SURPLUS MATERIAL, TOOLS, AND EQUIPMENT.
G. THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE ENGINEER HARMLESS FROM ANY AND
ALL LIABILITY, REAL OR ALLEGED, IN CONJUNCTION WITH THIS PROJECT EXCEPT FOR LIABILITY RISING FROM THE SOLE NEGLIGENCE OF THE ENGINEER.
H. DO NOT SCALE THESE DRAWINGS. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER ASSUMED OR SCALED DIMENSIONS.
I. ALL DIMENSIONS ARE TO FACE OF FINISHED SURFACES. LAYOUT OF STRUCTURES AND FOUNDATIONS
MUST BE DETERMINED BY EXAMINATION OF PLANS AND FINISH MATERIALS SELECTED AND SHALL NOT BE ASSUMED AS BEING EXPRESSED BY THE WRITTEN FINISHED SURFACE DIMENSIONS.
J. SITE DRAWINGS ARE BASED UPON THE PLANS OBTAINED FROM THE AUTHORITY HOLDING JURISDICTION (AHJ), AND/OR PROVIDED BY THE PROPERTY OWNER, AND/OR AVAILABLE AERIAL IMAGES.
UNLESS NOTED OTHERWISE, NO TOPOGRAPHIC, BOUNDARY, OR LAND TITLE SURVEY WAS PERFORMED FOR THE PROJECT.
2. STORMWATER, EROSION, AND ENVIRONMENTAL CONSIDERATIONS
ALL CONSTRUCTION WORK SHALL FULLY COMPLY WITH ALL STORMWATER, EROSION, GRADING, AND
ENVIRONMENTAL REQUIREMENTS OF THE LOCAL, STATE AND FEDERAL CODES - INCLUDING (BUT NOT LIMITED TO) THE FOLLOWING:
A. ALL CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR PERSONNEL ARE TO BE MADE AWARE OF,
AND COMPLY WITH, THE AUTHORITY HOLDING JURISDICTION (AHJ) BEST MANAGEMENT PRACTICES (BMP) AND GOOD HOUSEKEEPING MEASURES FOR THE PROJECT SITE AND ANY ASSOCIATED CONSTRUCTION STAGING AREAS.
B. APPROPRIATE BMP FOR CONSTRUCTION-RELATED MATERIALS, WASTES, AND SPILLS SHALL BE
IMPLEMENTED TO MINIMIZE TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES, OR ADJOINING PROPERTY BY WIND OR RUNOFF.
C. CONSTRUCTION SITES SHALL BE MAINTAINED IN SUCH A CONDITION THAT AN ANTICIPATED STORM DOES NOT CARRY WASTES OR POLLUTANTS OFF THE SITE. DISCHARGES OF MATERIAL OTHER THAN
STORMWATER ARE ALLOWED ONLY WHEN NECESSARY FOR PERFORMANCE AND COMPLETION OF CONSTRUCTION PRACTICES AND WHERE THEY DO NOT: (A) CAUSE OR CONTRIBUTE TO A VIOLATION OF ANY WATER QUALITY STANDARD; (B) CAUSE OR THREATEN TO CAUSE POLLUTION, CONTAMINATION, OR NUISANCE; AND/OR (C) CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITY REPORTABLE UNDER FEDERAL REGULATIONS CFR PARTS 117 AND 302.
D. RUNOFF FROM EQUIPMENT AND VEHICLE WASHING SHALL BE CONTAINED AT CONSTRUCTION SITES UNLESS TREATED TO REDUCE OR REMOVE SEDIMENT OR OTHER POLLUTANTS.
E. POTENTIAL POLLUTANTS INCLUDE, BUT ARE NOT LIMITED TO: SOLID OR LIQUID CHEMICAL SPILLS;
WASTES FROM PAINTS, STAINS, SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WOOD PRESERVATIVES AND SOLVENTS; ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS, LUBRICANTS, AND HYDRAULIC, RADIATOR OR BATTERY FLUIDS; FERTILIZERS, VEHICLE/EQUIPMENT WASH WATER AND CONCRETE WASH WATER; CONCRETE; DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY ENGINE/ EQUIPMENT STEAM CLEANING OR CHEMICAL DEGREASING AND SUPERCHLORINATED POTABLE WATER LINE FLUSHING.
F. DURING CONSTRUCTION, THE DISPOSAL OF SUCH MATERIALS SHALL OCCUR IN A SPECIFIED AND
CONTROLLED TEMPORARY AREA ON-SITE PHYSICALLY SEPARATED FROM STORMWATER RUNOFF, WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS.
G. DEWATERING OF CONTAMINATED GROUND WATER OR DISCHARGING OF CONTAMINATED SOILS VIA SURFACE EROSION IS PROHIBITED. DEWATERING OF NON-CONTAMINATED GROUND WATER REQUIRES
A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM THE RESPECTIVE STATE REGIONAL WATER QUALITY BOARD.
H. SEDIMENT FROM AREAS DISTURBED BY CONSTRUCTION SHALL BE RETAINED ON SITE USING STRUCTURAL CONTROLS TO THE MAXIMUM PRACTICAL EXTENT.
I. STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT TRANSPORT FROM THE
SITE TO STREETS, DRAINAGE FACILITIES OR ADJACENT PROPERTIES VIA RUNOFF, VEHICLE TRACKING, OR WIND.
J. GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF THE SLOPES AND TOWARD DESILTING FACILITIES AT THE CONCLUSION OF EACH WORKING DAY.
K. THE PERMITTEE AND THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE THE NECESSARY
PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES A HAZARDOUS CONDITION.
L. THE PERMITTEE AND THE CONTRACTOR SHALL ENSURE THAT THE EROSION CONTROL WORK IS IN ACCORDANCE WITH THE APPROVED PLANS.
3. ACCESSIBILITY CONSIDERATIONS
AN ACCESSIBLE ROUTE (PATH OF TRAVEL) FROM THE AREA OF WORK TO THE BUILDING ENTRY, TOILET
ROOMS, AND ACCESSIBLE PARKING SHALL FULLY COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE BUILDING CODE AND AJH. THESE REQUIREMENTS INCLUDE (BUT ARE NOT LIMITED TO) THE FOLLOWING:
A. PATH OF TRAVEL SHALL BE ESTABLISHED ALONG THE SHORTEST POSSIBLE ACCESSIBLE ROUTE FROM
THE ACCESSIBLE PARKING TO THE BUILDING ENTRANCE AND DESIGNATED WITH CODE-COMPLIANT SIGNAGE.
B. ANY OBSTRUCTION THAT OVERHANGS THE PATH OF TRAVEL SHALL BE A MINIMUM OF 80” ABOVE THE WALKING SURFACE AS MEASURED FROM THE BOTTOM OF THE OBSTRUCTION.
C. WALKS AND SIDEWALKS SHALL BE A MINIMUM OF 48” WIDE EXCEPT AT DOORS WHERE WIDENED LEVEL AREAS SHALL BE PROVIDED. THE WIDENED LEVEL AREAS SHALL NOT BE LESS THAN 60” SQUARE AT A DOOR OR GATE THAT SWINGS TOWARD THE WALK, AND NOT LESS THAN 48” WIDE BY 44” DEEP AT A DOOR OR GATE THAT SWINGS AWAY FROM THE WALK.
D. THE SLOPE OR WALKING SURFACES OF ACCESSIBLE ROUTES SHALL NOT EXCEED 5% ALONG THE DIRECTION OF TRAVEL AND 2% ACROSS THAT DIRECTION.
E. ABRUPT CHANGES IN LEVEL ALONG ANY ACCESSIBLE ROUTE SHALL NOT EXCEED ½” UNLESS BEVELED WITH A SLOPE OF 50% MAXIMUM. CHANGES IN LEVEL NOT EXCEEDING ¼” MAY BE VERTICAL.
F. WALKING SURFACES ON AN ACCESSIBLE ROUTE SHALL BE FREE OF GRATINGS WHENEVER POSSIBLE.
GRATINGS LOCATED IN THE SURFACE OF ANY OF THESE AREAS SHALL HAVE GRID OPENINGS MEASURING MAXIMUM ½” IN THE DIRECTION OF TRAFFIC FLOW.
G. FLOOR AND GROUND SURFACES SHALL BE STABLE, FIRM, AND SLIP RESISTANT. IF CARPET OR CARPET
TILE IS USED IN A COMMON-USE AREA OR PUBLIC-USE AREA ON A GROUND OR FLOOR SURFACE, IT SHALL HAVE FIRM BACKING OR NO BACKING. CARPET OR CARPET TILE SHALL HAVE A LEVEL LOOP,
TEXTURED LOOP, LEVEL CUT PILE, OR LEVEL CUT/UNCUT PILE TEXTURE WITH MAXIMUM PILE HEIGHT OF ½”. EXPOSED EDGES OF CARPET SHALL BE FASTENED TO FLOOR SURFACES AND HAVE TRIM ALONG THE ENTIRE LENGTH OF THE EXPOSED EDGE.
H. ALL DOOR MATS SHALL BE RECESSED AND ADEQUATELY ANCHORED TO PREVENT INTERFERENCE WITH WHEELCHAIR TRAFFIC.
I. ALL LEVEL AREAS AT EXIST DOORS SHALL HAVE MINIMUM LENGTHS OF 60” IN THE DIRECTION OF THE DOOR SWING AND 44” IN THE OPPOSITE DIRECTION - AS MEASURED AT RIGHT ANGLES TO THE PLANE OF THE DOOR IN ITS CLOSED POSITION.
J. ALL DOORS SHALL PROVIDE A MINIMUM CLEAR WIDTH OF 32” AND HEIGHT OF 80”. CLEAR OPENINGS OF
DOORWAYS WITH SWINGING DOORS SHALL BE MEASURED BETWEEN THE FACE OF THE DOOR AND THE STOP, WITH THE DOOR OPEN 90 DEGREES.
K. OPENINGS MORE THAN 24” DEEP SHALL BE MINIMUM 36” WIDE CLEAR.
L. THERE SHALL BE NO PROJECTIONS INTO THE REQUIRED CLEAR OPENING WIDTH LOWER THAN 34” ABOVE THE FINISH FLOOR OR GROUND. PROJECTIONS INTO THE CLEAR OPENING WIDTH BETWEEN 34” AND 80” ABOVE THE FINISH FLOOR OR GROUND SHALL NOT EXCEED 4 INCHES.
M. HAND-ACTIVATED DOOR OPENING HARDWARE (LEVER-TYPE HARDWARE, PANIC BARS, PUSH-PULL
ACTIVATING BARS OR OTHER HARDWARE DESIGNED TO PROVIDE PASSAGE) SHALL HAVE A SHAPE THAT
IS EASY TO GRASP WITH ONE HAND AND DOES NOT REQUIRE TIGHT GRASPING, TIGHT PINCHING OR TWISTING OF THE WRIST TO OPERATE.
N. HAND-ACTIVATED DOOR OPENING HARDWARE SHALL BE OPERABLE WITH A SINGLE EFFORT NOT EXCEEDING 8.5 LBS FOR EXTERIOR DOORS, 5 LBS FOR INTERIOR DOORS, AND 15 LBS FOR FIRE DOORS.
O. ALL OPERABLE DOOR HARDWARE SHALL BE MOUNTED AT 30” MINIMUM AND 44” MAXIMUM ABOVE THE FINISHED FLOOR.
P. SURFACES OF SWINGING DOORS WITHIN THE VERTICAL DISTANCE OF 10” FROM THE FINISH FLOOR
SHALL HAVE A SMOOTH SURFACE ON THE PUSH SIDE EXTENDING THE FULL WIDTH OF THE DOOR OR GATE.
NOTE:
SITE PLAN IS FOR REFERENCE ONLY
SGE STAMP ONLY PERTAINS TO THE
AREA OF WORK.
PROJECT INFORMATION
NO
CHANGE
PROJECT DESCRIPTION INSTALLATION OF A 9,000-GALLON HORIZONTAL LIN TANK
CHANGE IN PARKING
ჲ NO CHANGE IN FLOOR AREA
PROJECT VALUATION TBD
PROJECT ADDRESS ჲ 379 E INDUSTRIAL RD,
SAN BERNARDINO, CA 92408
PROJECT COORDINATES ჲ 34.0567841 °N, 117.2767049 °W
ASSESSOR PARCEL NUMBER ჲ 0141-581-03
ZONING ჲ INDUSTRIAL LIGHT - IL
OCCUPANCY ჲ F-2, S-2
CODES 2019 CALIFORNIA BUILDING CODE
2019 CALIFORNIA MECHANICAL CODE
2019 CALIFORNIA PLUMBING CODE
2019 CALIFORNIA ELECTRICAL CODE
2019 CALIFORNIA GREEN BUILDING STANDARDS CODE
2019 CALIFORNIA ENERGY EFFICIENCY STANDARDS
2019 CALIFORNIA FIRE CODE
LOT SIZE ჲ 0.83 ACRES
BUILDING AREA ჲ 16,237 S.F.
BUILDING CONSTRUCTION TYPE ჲ V-B
AUTOMATED SPRINKLERS? ჲ YES
EXISTING USES WITHIN 100' OF
PROPERTY ჲ INDUSTRIAL LIGHT - IL
PAVEMENT TYPE ჲ ASPHALT
PROJECT TEAM
OWNER ALBERTO DE SANTIAGO
1440 VINEYARD AVE,
ONTARIO, CA 91761
(949) 975-9412
TENANT ADESA INTERNATIONAL
379 E INDUSTRIAL RD,
SAN BERNARDINO, CA 92408
(562) 234-1322
STRUCTURAL ENGINEER SGE CONSULTING STRUCTURAL ENGINEERS 2081 BUSINESS CENTER DR. #105
IRVINE, CA 92612
(949) 552-5244
CONTRACTOR TBD
E REDLANDS BLVD
S WATERMAN AVE
E INDUSTRIAL RD
E COMMERCIAL RD
10 N
2E
2E
2E
3E
6E
10E
8E
AREA OF WORK
1 SP2
ENLARGED
7E
3E
5E
9E
10E
10E
10E
10E
4E
1N
2N
3N
4N
4 PARKING SPACES TO BE REMOVED
PARKING ANALYSIS
BUILDING 379
USE OF AREA OFFICE
INDUSTRIAL - WAREHOUSE/STORAGE
FLOOR AREA 2,123 SF OFFICE
+ 14,114 SF INDUSTRIAL
16,237 SF TOTAL
REQUIRED PARKING PER CODE, OFFICE 1 SPACE PER 250 SF
REQUIRED PARKING PER CODE, INDUSTRIAL 1 SPACE PER 1,000 SF CALCULATED REQUIRED PARKING, OFFICE 2,123 SF x 1 SPACE = 8.5 SPACES 250 SF
9 PARKING SPACES REQUIRED BASED ON
OFFICE AREA PER CODE
CALCULATED REQUIRED PARKING, INDUSTRIAL 14,114 SF x 1 SPACE = 14.1 SPACES 1,000 SF
15 PARKING SPACES REQUIRED BASED ON
INDUSTRIAL AREA PER CODE
CALCULATED REQUIRED PARKING, TOTAL 9 SPACES OFFICE
+ 15 SPACES INDUSTRIAL
24 SPACES TOTAL REQUIRED
PROPOSED CHANGES 4 PARKING SPACES TO BE REMOVED
NO CHANGES TO ADA PARKING SPACES
PARKING SUMMARY
CURRENT PROPOSED
31 SPACES AVAILABLE
7 SPACES IN EXCESS
CURRENT PARKING IN COMPLIANCE
WITH PARKING STANDARDS
27 SPACES AVAILABLE
3 SPACES IN EXCESS
PROPOSED PARKING IN COMPLIANCE
WITH PARKING STANDARDS
ADDITIONAL PARKING NOTES
ALL REMAINING PARKING SPACES ARE TO BE ACCESSIBLE AT ALL TIMES.
ALL EMPLOYEE PARKING TO BE DONE WITHIN THE PROPERTY SITE ONLY.
PARKING AT OTHER PROPERTIES AND ON-STREET PARKING IS NOT ALLOWED. 5N
6N
OPERATIONAL CONSIDERATIONS
SEMI-TRUCK DELIVERIES WILL BE BETWEEN THE HOURS OF 9PM AND 6AM.
OPERATIONS TEAMS WILL DISPOSE OF ALL WASTE IN A TIMELY MANNER IN AN EFFORT TO MAINTAIN CLEAN VISUALS AND MINIMIZE ANY ODORS.
TRAFFIC WILL BE PROPERLY MANAGED AND NO TRAFFIC WILL PARK ON ADJACENT PROPERTY.
Packet Page. 44
36'-3"
16'-9"
6"±
INSTALLATION OF 9,000-GAL LIN TANK
AND ENCLOSURE
Adesa International
LOCATION
SGE JOB No. 521.073.422
May 20, 2022
TEL. (949) 552-5244 FAX (949) 552-5243
S. GORDIN STRUCTURAL DESIGN
2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612
& ENGINEERING SERVICES (SGE), INC.
379 E Industrial Rd, San Bernardino, CA 92408
ADESA INTERNATIONAL
DATE: November 22, 2021
REVISIONS
TOTAL SITE PLAN SHEETS - 2
DESIGNED BY
APPROVED BY
JT
VSG
THESE PLANS WERE DEVELOPED RESTRICTIVELY
FOR USE ON THE STRUCTURES AND BY
PERSONS/COMPANY AS SPECIFIED IN THE TITLE
BLOCK. ANY OTHER USE (INCLUDING, BUT NOT
LIMITED TO, DISSEMINATION AND COPYING) OF
THESE PLANS OR ANY USE OF THE PLANS BY ANY
PARTY OR PARTIES OTHER THAN THE ONES
SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY
PROHIBITED UNLESS UNDER A WRITTEN
PERMISSION BY SGE.
CLIENT
PRACTICAL
SOLUTIONS
15233 VANADA RD,
LA MIRADA, CA 90638
ATTENTION:
REFER TO LIST OF REVISIONS ON THIS SHEET:
THE RELEASE OF THIS DRAWING WITH THE LATEST
REVISION NUMBER AND DATE SUPERSEDES AND VOIDS
ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE
SUBJECT SITE.
PARKING
ONLY
VAN
ACCESSIBLE
MINIMUM
FINE $250
80" MIN TO FIN. GRADE
WALL OR POLE MOUNTED
PARKING IDENTIFICATION
SIGNS SHALL BE
REFLECTORIZED WITH A
MINIMUM AREA OF 70 SQUARE
INCHES
PARKING SPACE IDENTIFICATION SIGNS SHALL
INCLUDE THE INTERNATIONAL SYMBOL OF
ACCESSIBILITY.
SYMBOL OF ACCESSIBILITY AND THEIR
BACKGROUND SHALL HAVE A NON-GLARE
FINISH, THE SYMBOL SHALL CONSIST OF A
WHITE FIGURE ON A BLUE BLACK GROUND. THE
BLUE SHALL BE COLOR NO. 15090 IN FEDERAL
STANDARD 595B.
ADDITIONAL SIGN
REQUIRED FOR VAN
ACCESSIBLE PARKING
ADDITIONAL SIGN BELOW THE
INTERNATIONAL SYMBOL OF
ACCESSIBILITY SHALL STATE
"MINIMUM FINE $250".
℄ OF
ACCESSIBLE
PARKING SIGN
NOTE: PARKING SPACE IDENTIFICATION SIGN SHALL
BE VISIBLE FROM EACH PARKING SPACE. SIGNS
SHALL BE PERMANENTLY POSTED EITHER
IMMEDIATELY ADJACENT TO THE PARKING SPACE OR
WITHIN THE PROJECTED PARKING SPACE WIDTH AT
THE HEAD END OF THE PARKING SPACE. SIGNS MAY
ALSO BE PERMANENTLY POSTED ON A WALL AT THE
INTERIOR END OF THE PARKING SPACE.
AN ADDITIONAL SIGN SHALL BE POSTED EITHER:
1. IN A CONSPICUOUS PLACE AT EACH ENTRANCE TO AN
OFF-STREET PARKING FACILITY OR;
2. IMMEDIATELY ADJACENT TO ON-SITE ACCESSIBLE
PARKING AND VISIBLE FROM EACH PARKING SPACE
17"
MIN
22"
MIN
THE ADDITIONAL SIGN SHALL CLEARLY STATE IN
LETTERS WITH A MINIMUM HEIGHT OF 1 INCH THE
FOLLOWING:
"UNAUTHORIZED VEHICLES PARKED IN DESIGNATED
ACCESSIBLE SPACES NOT DISPLAYING
DISTINGUISHING PLACARDS OR SPECIAL LICENSE
PLATES ISSUED FOR PERSONS WITH DISABILITIES WILL
BE TOWED AWAY A THE OWNER'S EXPENSE. TOWED
VEHICLES MAY BE RECLAIMED AT: ________________
OR BY TELEPHONING: ________________."
ACCESSIBILITY
DIRECTIONAL
SYMBOL
9'-0" MIN
8'
17'
PARKING
NO
18'-0" @ 90° PARKING
20'-0" DIAGONAL PARKING
36"
36"
NOTE: EACH ACCESSIBLE CAR AND VAN SPACE
SHALL HAVE SURFACE IDENTIFICATION
INTERNATIONAL SYMBOL OF
ACCESSIBILITY COLORED IN
WHITE ON A BLUE
BACKGROUND. THE BLUE
SHALL BE COLORED NO. 15090
IN FEDERAL STANDARD 595B.
THE CENTERLINE OF THE INTERNATIONAL SYMBOL
OF ACCESSIBILITY SHALL BE A MAXIMUM OF 6 INCHES
FROM THE CENTERLINE OF THE PARKING SPACE, IT'S
SIDES PARALLEL TO THE LENGTH OF THE PARKING
SPACE AND ITS LOWER CORNER, AT OR LOWER SIGN
ALIGNED WITH, THE END OF THE PARKING SPACE.
(N)TOC
10'-6" REF
12" CLR FOR
VENTILATION
11'
7'
6" 6"
(E)TOG
1 ENLARGED AREA OF WORK
PLAN, SCALE: 1" = 3-0"
SP2
ENLARGED
AREA OF WORK,
ELEVATIONS &
DETAILS
N
ACCESS AISLES SHALL BE MARKED WITH A BLUE
PAINTED BORDERLINE AROUND THEIR PERIMETER.
THE AREA WITHIN THE BLUE BORDERLINES SHALL
BE MARKED WITH HATCHED LINES A MAXIMUM OF
36 INCHES ON CENTER IN COLOR CONTRASTING
WITH THAT OF THE AISLE SURFACE, PREFERABLY
BLUE OR WHITE. THE WORDS "NO PARKING" SHALL
BE PAINTED ON THE SURFACE WITHIN EACH
ACCESS AISLES IN WHITE LETTERS A MINIMUM OF
12 INCHES IN HEIGHT AND LOCATED TO BE VISIBLE
FROM THE ADJACENT VEHICULAR WAY. ACCESS
AISLES MARKING MARKINGS MAY EXTEND BEYOND
THE MINIMUM REQUIRED LENGTH.
ACCESS AISLES SHALL NOT OVERLAP THE
VEHICULAR WAY AND SHALL BE PERMITTED TO BE
PLACED ON EITHER SIDE OF THE PARKING SPACE
EXCEPT FOR VAN PARKING SPACES WHICH SHALL
HAVE ACCESS AISLES LOCATED ON THE
PASSENGER SIDE OF THE PARKING SPACES.
A CURB OR WHEEL STOP SHALL BE
PROVIDED IF REQUIRED TO PREVENT
ENCROACHMENT OF VEHICLES OVER
THE REQUIRED CLEAR WIDTH OF
ADJACENT ACCESSIBLE ROUTES.
MAX SLOPE OF PARKING SURFACE SHALL
NOT EXCEED 2% IN ANY DIRECTION.
THE PARKING SPACE SHALL BE
OUTLINED OR PAINTED BLUE
ADA PARKING STANDARDS
THE PARKING STANDARDS
SHALL BE IN COMPLIANCE
WITH 2010 ADA STANDARDS
FOR ACCESSIBLE DESIGN AND
2019 CBC 11B DIVISION 5
2 (N) TANK
ELEVATION, SCALE: 1" = 3'-0"
2 -
KEYNOTES
EXISTING (E), NO CHANGE
BY OTHERS, NIC
NEW (N)
REFER TO STRUCTURAL DRAWINGS
1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN
2E PARKING 2N CONCRETE PAD
3E ACCESSIBLE PARKING SPACE 3N BOLLARD
4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE
5E DRIVEWAY 5N DOOR, BY OTHERS, NIC
6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC
7E TRANSFORMER
8E REFUSE ENCLOSURE
9E 6' FENCE & GATE
10E CURB
3N
2N
3N
1N
2N
4N
(E) SUBBASE
9E
10E
10E
1N
4N
COLUMN CL
TYP
6N
5N
6N
(N) SECURITY BARS
Packet Page. 45
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
RESOLUTION NO. 2025-353
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING APPEAL 24-06, THEREBY OVERTURNING
THE PLANNING COMMISSION’S APPROVAL OF APPEAL
24-05, WHICH RE-INSTATED THE DELETED
CONDITIONS OF APPROVAL 20 (TWENTY) THROUGH 26
(TWENTY-SIX), WHICH WERE REDACTED WITHIN THE
COMMUNITY DEVELOPMENT AND HOUSING
DEPARTMENTS APPROVAL OF AMENDMENT TO
CONDITIONS OF APPROVAL 23-01 FOR
ADMINISTRATIVE DEVELOPMENT PERMIT 22-020. THE
PROPERTY IS LOCATED AT 379 E. INDUSTRIAL ROAD
ON 0.83 ACRES (APN: 0141-581-03) WITHIN THE
INDUSTRIAL LIGHT (IL) ZONE, WARD 3.
WHEREAS, on November 25, 2024, pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits-Applications) of the City of San Bernardino Development Code, an application for Appeal 24-06 was duly submitted by:
Appellant: Adesa International and SGE Investments, LLC 379 E. Industrial Road
City of San Bernardino, CA 92408
Respondent: Waterman Business Center Association
328 E. Commercial Road Suite 107
San Bernardino, CA 92408
Parcel Address: 379 E. Industrial Road
APN: 0141-581-03
Lot Area: 0.83 acres
WHEREAS, Appeal 24-06 is a request to appeal the Planning Commission’s approval of Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were deleted from the original Administrative Development Permit 22-020 for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) located within the Industrial Light (IL) zone, Ward 3; and
WHEREAS, On July 22, 2022, the original approval for Administrative Development Permit 22-020 was issued to Adesa International and involved the installation of an approximately 9,000-gallon nitrogen tank which would be utilized in conjunction with the packaging of Adesa International frozen foods; this approval included Conditions of Approval numbers 20-26; and Packet Page. 46
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
WHEREAS, on July 20, 2023, planning staff amended and deleted Conditions of Approval 20 through 26 from the original Administrative Development Permit 22-020 with Amendment to Conditions 23-01;and
WHEREAS, On July 24, 2023 The Waterman Business Center Association sent a letter requesting an Appeal of Amendment to Conditions of Approval 23-01 specifically related to the deletion of Conditions of Approval numbers 20 (twenty) – 26 (twenty-six); and WHEREAS, On September 4, 2024, The Waterman Business Center Association filed Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020; and
WHEREAS, on October 8, 2024 pursuant to the requirements of Sections 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020. At the public hearing of the Planning Commission opposing comments speaking to the approval of Appeal 24-05 were made by Family Memorial and Crematory and Social Vocational Services. However, Appeal 24-05 was continued to the Planning Commission meeting of November 12, 2024 for final action; and WHEREAS, At the duly noticed public hearing of the Planning Commission on November 12, 2024 the appellant of Appeal 24-05, the Waterman Business Center Association, and two (2) community business owners, Family Memorial and Crematory and Social Vocational Services, spoke out in opposition to the respondent, ADESA’s business practices. After the appellant and respondents’ testimony, and public input, the Planning Commission deliberated and approved Appeal 24-05 which restored the deleted conditions of approval 20 (twenty) through 26 (twentysix), redacted with the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020; and WHEREAS, on November 25, 2024 Adesa International and SGE Investments LLC filed Appeal 24-06 of Appeal 24-05; and
WHEREAS, notice of the August 20, 2025 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on August 9, 2025 and mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, at the duly noticed public hearing of the Mayor and City Council on August 20, 2025, at the request of both parties, Appellant I and Appellant II; Appeal 24-06 of Appeal 24- 05 was continued to the Mayor and City Council meeting of September 17, 2025 for consideration; and
Packet Page. 47
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearing and Appeals) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to act on Appeal 24-06 of Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Compliance with the California Environmental Quality Act. Being the decision-making body for the project, the Mayor and City Council reviewed and considered the information contained in the administrative record for the initial approval of Administrative Development Permit 22-020. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council finds as follows:
1. The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines, and
2. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines; and
3. The application of the categorical exemption is not barred by one of the exceptions set forth in the State CEQA Guidelines Section 15300.2; and
4. The determination of State CEQA exemption reflects the independent judgment of the Mayor and City Council.
SECTION 3. CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF ADMINISTRATIVE DEVELOPMENT PERMIT 22-020:
Based upon the comprehensive review and evaluation, as required by Chapter 19.44 of the City of San Bernardino Development Code, Administrative Development Permit 22-020 was approved subject to the following Conditions of Approval:
1. This Administrative Development Permit is an approval to allow the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building. The project site is located at 379 E. Industrial Road (APN:0141-581-03), within the Industrial Light (IL) Zone.
2. Within two (2) years of the Administrative Development Permit approval, commencement of construction shall have occurred, or the permit/approval shall become null and void. In Packet Page. 48
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
addition, if after commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Administrative Development 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.
3. The site shall be developed and maintained in accordance with the approved plans stamped June 22, 2022 approved by the City, which includes a site plan, on file in the Planning Division; the conditions contained herein; and, the City’s Municipal Code regulations.
EXPIRATION DATE: June 22, 2024
4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (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.
6. 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 Administrative Development Permit, this condition shall remain in effect if the Administrative Development Permit is rescinded or revoked, whether or not at the request of applicant.
7. 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.
8. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and architecture shall be submitted to the Planning Division prior to any modification of the building exterior, for evaluation for substantial conformance to the approved plans.
Packet Page. 49
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
9. Minor Modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds ten percent (10%) of allowable measurable design/site considerations shall require the refilling of the original application.
10. The property owner(s), facility operator and property management will be responsible for regular maintenance of the 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 must be removed within 24 hours of being reported.
11. The applicant/owner shall maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition at all times and any dead or missing vegetation must be promptly replaced.
12. 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. Signs painted on the buildings are prohibited.
Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained.
13. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval printed on the plan sheets.
14. A concrete washout shall be provided for the proposed project.
15. All Conditions of Approval shall be completed prior to final inspection and sign-off.
16. All new construction shall require permits prior to commencement.
17. 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.
18. All new construction shall be confirmed with the San Bernardino County Fire Department.
Please contact San Bernardino County Fire Department Fire Prevention, located at 200 E. 3 rd Street, San Bernardino, CA 92410 regarding all and/or any submittal requirements regarding new construction via phone at (909) 918-2200. 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.
Packet Page. 50
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
19. Applicant shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner.
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 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.
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.
Public Works Conditions
a. For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall 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 Dedication of Right of Way
(ft.) from centerline Curb Line(ft)
Industrial Parkway
(0141-581-03-0000)
30’ Existing
No Dedication
“Local Industrial”
Per General Plan
19’+/- Existing
None-Proposed
b. Industrial Road-TI=5.5:
i) Placement of the tank shall not be within the existing or any future rightsof-way.
Packet Page. 51
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
ii) The existing curb & gutter, sidewalk, and/or driveway fronting the site are in fair condition, if any curb & gutter panels, or sidewalk panels are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards. Install Sidewalk in missing areas of the frontage.
iii) Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer.
iv) When replacing/reconstructing curb and gutter panels, construct 8" Curb and Gutter per City Standard No. 200, type “B”.
v) If Replacing or reconstructing Sidewalk panels construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb).
vi) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering.
* A Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). * These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, public storm drain shall be on a separate set of plans.
c. City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections.
d. A temporary construction encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s rightof-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.
e. Any pavement work affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. 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. g. The above conditions shall comply with current codes and policies at time of construction.
Packet Page. 52
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
h. The above conditions shall comply with current codes, policies, and standards at time of construction.
i. Prior to a Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works.
27. Required Engineering Plans
a. A complete submittal for plan checking shall consist of:
▪ Street improvement plans (may include streetlight or street lighting may be separate plans).
▪ Signing and striping plan (may be on sheets included in street improvement plan
▪ On-site improvement plans and landscaping and irrigation, ▪ Lighting (on-site lighting may be included in on-site improvement plan or maybe on a separate stand-alone plan).
▪ CFD’s are required, the CFD Plans shall include Landscaping, Irrigation, Basins, etc. items that are included in the CFD that are not listed in the plans above, shall be on separate sheets included in the street improvement plans. ▪ 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. 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.sbcity.org. c. 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.
d. 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.
e. Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project. Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval.
28. Required Engineering Permits
a. On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping.
Packet Page. 53
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
b. Off-site improvement construction permits.
c. WQMP/Hydrology (THR) (if applicable)
d. CFD/Street Dedication Permit (if applicable)
e. Traffic Control and ROW Permits (if applicable)
29. Applicable Engineering Fees
a. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org
b. 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 fee for each set of plans will be required at time of application for plan check. c. 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.
30. Traffic Requirements
a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan.
31. Integrated Waste Management
a. During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b. The site plan dated November 22, 2021, identifies the installation of a 9,000-gallon liquid nitrogen tank and equipment enclosure at an existing building located at 379.
E. Industrial Road.
c. Burrtec Waste’s review of the site plan identifies a proposed nitrogen storage tank located east of the existing refuse enclosure serving the property. The enclosure is currently accessed by a looped driveway. Based on the information provided, the project tank and enclosure will not impact Burrtec’ s ability to service the existing refuse enclosure. Any changes to the overall design, enclosure specifications or location, or access may adversely impact Burrtec’ s ability to service the project.
Any design modification that could impact Burrtec’ s service will be subject to review by Burrtec. Burrtec’ s review of this project is limited to determining whether it meets Burrtec’ s minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to equipment and personnel and do not pertain to the project’s compliance with applicable federal, state and local land use and environmental laws, building codes or other applicable government regulations.
Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project.
Packet Page. 54
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
d. Contact the Building & Safety Division to determine ADA accessibility requirements. Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area.
e. Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508). f. Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City.
g. Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35-foot long, three-axle collection truck.
The minimum inside curb radius shall be at least 28 feet. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s truck turning template may be obtained from the Public Works Department in PDF and CAD.
h. Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet.
The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet.
i. Hammerhead Turnarounds – Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the Public Works Department.
j. If gated, access shall be provided by means of a key, code, or remote. k. Assembly Bill 341 Mandatory Commercial Recycling may apply. l. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. m. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. n. Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222.
San Bernardino Consolidated Fire District
Packet Page. 55
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
31. All conditions set forth by the County of San Bernardino Fire Department shall be followed.
CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF AMENDMENT TO CONDITIONS OF APPROVAL 23-01 FOR ADMINISTRATIVE DEVELOPMENT PERMIT 22-020 WHICH WOULD BE RE-DACTED FROM THE PLANNING COMMISSION ADOPTED RESOLUTION 2024-0034 WITH THE MAYOR AND CITY COUNCIL ADOPTION OF RESOLUTION 2025-264:
The approval of Amendment to Conditions of Approval 23-01 for Administrative Development Perit 22-020 was subject to the following Conditions of Approval:
1. This approval authorizes the applicant an allowance for the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building located on a parcel containing approximately 0.83 acres located at 379 E. Industrial Road (APN:0141-581-03) within the Industrial Light (IL) zone.
2. This approval shall comply with Administrative Development Permit 22-20, dated June 22, 2022.
The following Conditions of Approval for previously approved Administrative Development Permit 22-20 are deleted from the original approval of Administrative Development Permit 22- 020 as follows:
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.
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.
End of Conditions of Approval
Packet Page. 56
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
SECTION 4. The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings.
SECTION 5. Severability: If any section, subsection, subdivision, sentence, 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.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of September 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, Acting City Clerk
Approved as to form:
Albert Maldonado, City Attorney
Packet Page. 57
Resolution No. 2025-353
Resolution No. 2025-353
September 17, 2025
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-353, adopted at a regular meeting held on the 17th day of September, 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ ______ ______ _______ _______
IBARRA ______ ______ _______ _______
FIGUEROA ______ ______ _______ _______
SHORETT ______ ______ _______ _______
KNAUS ______ ______ _______ _______
FLORES ______ ______ _______ _______
ORTIZ ______ ______ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2025.
_____________________________
Telicia Lopez, Acting City Clerk
Packet Page. 58
96.49'
231.44'
184.30'
E INDUSTRIAL RD
30'±
24'-1"±
21' ±
63'±
8.5'
TYP
23'-3"±
℄
49.46'±
211.72'±
INSTALLATION OF 9,000-GAL LIN TANK
AND ENCLOSURE
Adesa International
LOCATION
SGE JOB No. 521.073.422
May 20, 2022
TEL. (949) 552-5244 FAX (949) 552-5243
S. GORDIN STRUCTURAL DESIGN
2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612
& ENGINEERING SERVICES (SGE), INC.
379 E Industrial Rd, San Bernardino, CA 92408
ADESA INTERNATIONAL
DATE: November 22, 2021
REVISIONS
TOTAL SITE PLAN SHEETS - 2
DESIGNED BY
APPROVED BY
JT
VSG
THESE PLANS WERE DEVELOPED RESTRICTIVELY
FOR USE ON THE STRUCTURES AND BY
PERSONS/COMPANY AS SPECIFIED IN THE TITLE
BLOCK. ANY OTHER USE (INCLUDING, BUT NOT
LIMITED TO, DISSEMINATION AND COPYING) OF
THESE PLANS OR ANY USE OF THE PLANS BY ANY
PARTY OR PARTIES OTHER THAN THE ONES
SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY
PROHIBITED UNLESS UNDER A WRITTEN
PERMISSION BY SGE.
CLIENT
PRACTICAL
SOLUTIONS
15233 VANADA RD,
LA MIRADA, CA 90638
ATTENTION:
REFER TO LIST OF REVISIONS ON THIS SHEET:
THE RELEASE OF THIS DRAWING WITH THE LATEST
REVISION NUMBER AND DATE SUPERSEDES AND VOIDS
ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE
SUBJECT SITE.
N VICINITY MAP DRAWING INDEX
SP1 SITE PLAN, NOTES & PROJECT INFORMATION
SP2 ENLARGED AREA OF WORK, ELEVATIONS & DETAILS
S1 STRUCTURAL LAYOUT, NOTES & DETAILS
S2 STRUCTURAL DETAILS
S3 ENCLOSURE DETAILS
KEYNOTES
EXISTING (E), NO CHANGE
BY OTHERS, NIC
NEW (N)
REFER TO STRUCTURAL DRAWINGS
1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN
2E PARKING 2N CONCRETE PAD
3E ACCESSIBLE PARKING SPACE 3N BOLLARD
4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE
5E DRIVEWAY 5N DOOR, BY OTHERS, NIC
6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC
7E TRANSFORMER
8E REFUSE ENCLOSURE
9E 6' FENCE & GATE
10E CURB
1 -
SP1
SITE PLAN,
NOTES &
PROJECT
INFORMATION
PROJECT
SITE
20 0 20 40
1 SITE PLAN
FOR REFERENCE ONLY
5E
1E
FT FT FT
CONSTRUCTION NOTES
1. GENERAL CONSIDERATIONS
A. ALL WORK SHALL BE PERFORMED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE
LOCAL, STATE, AND NATIONAL CODES, AS WELL AS WITH THE PRINCIPLES OF GOOD CONSTRUCTION PRACTICE.
B. DURING THE CONSTRUCTION PERIOD THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY (INCLUDING FIRE SAFETY) OF THE NEW, AS WELL AS EXISTING, STRUCTURES. THE CONTRACTOR SHALL
PROVIDE ADEQUATE SHORING, BRACING, AND GUYS IN ACCORDANCE WITH ALL NATIONAL, STATE, AND LOCAL SAFETY ORDINANCES. THAT RESPONSIBILITY SHALL APPLY CONTINUOUSLY AND SHALL NOT BE LIMITED TO NORMAL WORKING HOURS. ANY DEVIATION FROM SUCH ORDINANCES MUST BE REVIEWED AND APPROVED BY SGE PRIOR TO CONSTRUCTION.
C. THE CONTRACTOR SHALL THOROUGHLY REVIEW THE PLANS AND CHECK ALL DIMENSIONS PRIOR TO COMMENCING THE WORK. ALL DISCREPANCIES SHALL BE CALLED TO THE ATTENTION OF SGE AND RESOLVED BEFORE PROCEEDING WITH THE WORK.
D. THE CONTRACTOR SHOULD NOT PROCEED WITH CONSTRUCTION IN CASE OF CONFLICT(S) BETWEEN
THE DETAILS, AND/OR BETWEEN THE DETAILS AND PLANS, AND/OR BETWEEN THE PLANS AND SCHEDULES. THE CONSTRUCTION SHALL RESUME ONLY UPON THE FULL RESOLUTION OF SUCH CONFLICT BY SGE.
E. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE RESTORATION OF WORKING CONDITION OF ALL EXISTING COMPONENTS AND STRUCTURES AFFECTED BY THIS CONSTRUCTION. THE CONTRACTOR
SHALL CONSTANTLY KEEP THE AREA OF CONSTRUCTION FROM ACCUMULATION OF WASTE MATERIALS AND DEBRIS.
F. AT THE END OF EACH DAY OF CONSTRUCTION ACTIVITY, ALL CONSTRUCTION DEBRIS AND WASTE MATERIALS SHALL BE COLLECTED AND PROPERLY DISPOSED IN TRASH OR RECYCLE BINS. AT THE END
OF WORK, THE CONTRACTOR SHALL REMOVE ALL WASTE, SURPLUS MATERIAL, TOOLS, AND EQUIPMENT.
G. THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE ENGINEER HARMLESS FROM ANY AND
ALL LIABILITY, REAL OR ALLEGED, IN CONJUNCTION WITH THIS PROJECT EXCEPT FOR LIABILITY RISING FROM THE SOLE NEGLIGENCE OF THE ENGINEER.
H. DO NOT SCALE THESE DRAWINGS. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER ASSUMED OR SCALED DIMENSIONS.
I. ALL DIMENSIONS ARE TO FACE OF FINISHED SURFACES. LAYOUT OF STRUCTURES AND FOUNDATIONS
MUST BE DETERMINED BY EXAMINATION OF PLANS AND FINISH MATERIALS SELECTED AND SHALL NOT BE ASSUMED AS BEING EXPRESSED BY THE WRITTEN FINISHED SURFACE DIMENSIONS.
J. SITE DRAWINGS ARE BASED UPON THE PLANS OBTAINED FROM THE AUTHORITY HOLDING JURISDICTION (AHJ), AND/OR PROVIDED BY THE PROPERTY OWNER, AND/OR AVAILABLE AERIAL IMAGES.
UNLESS NOTED OTHERWISE, NO TOPOGRAPHIC, BOUNDARY, OR LAND TITLE SURVEY WAS PERFORMED FOR THE PROJECT.
2. STORMWATER, EROSION, AND ENVIRONMENTAL CONSIDERATIONS
ALL CONSTRUCTION WORK SHALL FULLY COMPLY WITH ALL STORMWATER, EROSION, GRADING, AND
ENVIRONMENTAL REQUIREMENTS OF THE LOCAL, STATE AND FEDERAL CODES - INCLUDING (BUT NOT LIMITED TO) THE FOLLOWING:
A. ALL CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR PERSONNEL ARE TO BE MADE AWARE OF,
AND COMPLY WITH, THE AUTHORITY HOLDING JURISDICTION (AHJ) BEST MANAGEMENT PRACTICES (BMP) AND GOOD HOUSEKEEPING MEASURES FOR THE PROJECT SITE AND ANY ASSOCIATED CONSTRUCTION STAGING AREAS.
B. APPROPRIATE BMP FOR CONSTRUCTION-RELATED MATERIALS, WASTES, AND SPILLS SHALL BE
IMPLEMENTED TO MINIMIZE TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES, OR ADJOINING PROPERTY BY WIND OR RUNOFF.
C. CONSTRUCTION SITES SHALL BE MAINTAINED IN SUCH A CONDITION THAT AN ANTICIPATED STORM DOES NOT CARRY WASTES OR POLLUTANTS OFF THE SITE. DISCHARGES OF MATERIAL OTHER THAN
STORMWATER ARE ALLOWED ONLY WHEN NECESSARY FOR PERFORMANCE AND COMPLETION OF CONSTRUCTION PRACTICES AND WHERE THEY DO NOT: (A) CAUSE OR CONTRIBUTE TO A VIOLATION OF ANY WATER QUALITY STANDARD; (B) CAUSE OR THREATEN TO CAUSE POLLUTION, CONTAMINATION, OR NUISANCE; AND/OR (C) CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITY REPORTABLE UNDER FEDERAL REGULATIONS CFR PARTS 117 AND 302.
D. RUNOFF FROM EQUIPMENT AND VEHICLE WASHING SHALL BE CONTAINED AT CONSTRUCTION SITES UNLESS TREATED TO REDUCE OR REMOVE SEDIMENT OR OTHER POLLUTANTS.
E. POTENTIAL POLLUTANTS INCLUDE, BUT ARE NOT LIMITED TO: SOLID OR LIQUID CHEMICAL SPILLS;
WASTES FROM PAINTS, STAINS, SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WOOD PRESERVATIVES AND SOLVENTS; ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS, LUBRICANTS, AND HYDRAULIC, RADIATOR OR BATTERY FLUIDS; FERTILIZERS, VEHICLE/EQUIPMENT WASH WATER AND CONCRETE WASH WATER; CONCRETE; DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY ENGINE/ EQUIPMENT STEAM CLEANING OR CHEMICAL DEGREASING AND SUPERCHLORINATED POTABLE WATER LINE FLUSHING.
F. DURING CONSTRUCTION, THE DISPOSAL OF SUCH MATERIALS SHALL OCCUR IN A SPECIFIED AND
CONTROLLED TEMPORARY AREA ON-SITE PHYSICALLY SEPARATED FROM STORMWATER RUNOFF, WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS.
G. DEWATERING OF CONTAMINATED GROUND WATER OR DISCHARGING OF CONTAMINATED SOILS VIA SURFACE EROSION IS PROHIBITED. DEWATERING OF NON-CONTAMINATED GROUND WATER REQUIRES
A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM THE RESPECTIVE STATE REGIONAL WATER QUALITY BOARD.
H. SEDIMENT FROM AREAS DISTURBED BY CONSTRUCTION SHALL BE RETAINED ON SITE USING STRUCTURAL CONTROLS TO THE MAXIMUM PRACTICAL EXTENT.
I. STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT TRANSPORT FROM THE
SITE TO STREETS, DRAINAGE FACILITIES OR ADJACENT PROPERTIES VIA RUNOFF, VEHICLE TRACKING, OR WIND.
J. GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF THE SLOPES AND TOWARD DESILTING FACILITIES AT THE CONCLUSION OF EACH WORKING DAY.
K. THE PERMITTEE AND THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE THE NECESSARY
PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES A HAZARDOUS CONDITION.
L. THE PERMITTEE AND THE CONTRACTOR SHALL ENSURE THAT THE EROSION CONTROL WORK IS IN ACCORDANCE WITH THE APPROVED PLANS.
3. ACCESSIBILITY CONSIDERATIONS
AN ACCESSIBLE ROUTE (PATH OF TRAVEL) FROM THE AREA OF WORK TO THE BUILDING ENTRY, TOILET
ROOMS, AND ACCESSIBLE PARKING SHALL FULLY COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE BUILDING CODE AND AJH. THESE REQUIREMENTS INCLUDE (BUT ARE NOT LIMITED TO) THE FOLLOWING:
A. PATH OF TRAVEL SHALL BE ESTABLISHED ALONG THE SHORTEST POSSIBLE ACCESSIBLE ROUTE FROM
THE ACCESSIBLE PARKING TO THE BUILDING ENTRANCE AND DESIGNATED WITH CODE-COMPLIANT SIGNAGE.
B. ANY OBSTRUCTION THAT OVERHANGS THE PATH OF TRAVEL SHALL BE A MINIMUM OF 80” ABOVE THE WALKING SURFACE AS MEASURED FROM THE BOTTOM OF THE OBSTRUCTION.
C. WALKS AND SIDEWALKS SHALL BE A MINIMUM OF 48” WIDE EXCEPT AT DOORS WHERE WIDENED LEVEL AREAS SHALL BE PROVIDED. THE WIDENED LEVEL AREAS SHALL NOT BE LESS THAN 60” SQUARE AT A DOOR OR GATE THAT SWINGS TOWARD THE WALK, AND NOT LESS THAN 48” WIDE BY 44” DEEP AT A DOOR OR GATE THAT SWINGS AWAY FROM THE WALK.
D. THE SLOPE OR WALKING SURFACES OF ACCESSIBLE ROUTES SHALL NOT EXCEED 5% ALONG THE DIRECTION OF TRAVEL AND 2% ACROSS THAT DIRECTION.
E. ABRUPT CHANGES IN LEVEL ALONG ANY ACCESSIBLE ROUTE SHALL NOT EXCEED ½” UNLESS BEVELED WITH A SLOPE OF 50% MAXIMUM. CHANGES IN LEVEL NOT EXCEEDING ¼” MAY BE VERTICAL.
F. WALKING SURFACES ON AN ACCESSIBLE ROUTE SHALL BE FREE OF GRATINGS WHENEVER POSSIBLE.
GRATINGS LOCATED IN THE SURFACE OF ANY OF THESE AREAS SHALL HAVE GRID OPENINGS MEASURING MAXIMUM ½” IN THE DIRECTION OF TRAFFIC FLOW.
G. FLOOR AND GROUND SURFACES SHALL BE STABLE, FIRM, AND SLIP RESISTANT. IF CARPET OR CARPET
TILE IS USED IN A COMMON-USE AREA OR PUBLIC-USE AREA ON A GROUND OR FLOOR SURFACE, IT SHALL HAVE FIRM BACKING OR NO BACKING. CARPET OR CARPET TILE SHALL HAVE A LEVEL LOOP,
TEXTURED LOOP, LEVEL CUT PILE, OR LEVEL CUT/UNCUT PILE TEXTURE WITH MAXIMUM PILE HEIGHT OF ½”. EXPOSED EDGES OF CARPET SHALL BE FASTENED TO FLOOR SURFACES AND HAVE TRIM ALONG THE ENTIRE LENGTH OF THE EXPOSED EDGE.
H. ALL DOOR MATS SHALL BE RECESSED AND ADEQUATELY ANCHORED TO PREVENT INTERFERENCE WITH WHEELCHAIR TRAFFIC.
I. ALL LEVEL AREAS AT EXIST DOORS SHALL HAVE MINIMUM LENGTHS OF 60” IN THE DIRECTION OF THE DOOR SWING AND 44” IN THE OPPOSITE DIRECTION - AS MEASURED AT RIGHT ANGLES TO THE PLANE OF THE DOOR IN ITS CLOSED POSITION.
J. ALL DOORS SHALL PROVIDE A MINIMUM CLEAR WIDTH OF 32” AND HEIGHT OF 80”. CLEAR OPENINGS OF
DOORWAYS WITH SWINGING DOORS SHALL BE MEASURED BETWEEN THE FACE OF THE DOOR AND THE STOP, WITH THE DOOR OPEN 90 DEGREES.
K. OPENINGS MORE THAN 24” DEEP SHALL BE MINIMUM 36” WIDE CLEAR.
L. THERE SHALL BE NO PROJECTIONS INTO THE REQUIRED CLEAR OPENING WIDTH LOWER THAN 34” ABOVE THE FINISH FLOOR OR GROUND. PROJECTIONS INTO THE CLEAR OPENING WIDTH BETWEEN 34” AND 80” ABOVE THE FINISH FLOOR OR GROUND SHALL NOT EXCEED 4 INCHES.
M. HAND-ACTIVATED DOOR OPENING HARDWARE (LEVER-TYPE HARDWARE, PANIC BARS, PUSH-PULL
ACTIVATING BARS OR OTHER HARDWARE DESIGNED TO PROVIDE PASSAGE) SHALL HAVE A SHAPE THAT
IS EASY TO GRASP WITH ONE HAND AND DOES NOT REQUIRE TIGHT GRASPING, TIGHT PINCHING OR TWISTING OF THE WRIST TO OPERATE.
N. HAND-ACTIVATED DOOR OPENING HARDWARE SHALL BE OPERABLE WITH A SINGLE EFFORT NOT EXCEEDING 8.5 LBS FOR EXTERIOR DOORS, 5 LBS FOR INTERIOR DOORS, AND 15 LBS FOR FIRE DOORS.
O. ALL OPERABLE DOOR HARDWARE SHALL BE MOUNTED AT 30” MINIMUM AND 44” MAXIMUM ABOVE THE FINISHED FLOOR.
P. SURFACES OF SWINGING DOORS WITHIN THE VERTICAL DISTANCE OF 10” FROM THE FINISH FLOOR
SHALL HAVE A SMOOTH SURFACE ON THE PUSH SIDE EXTENDING THE FULL WIDTH OF THE DOOR OR GATE.
NOTE:
SITE PLAN IS FOR REFERENCE ONLY
SGE STAMP ONLY PERTAINS TO THE
AREA OF WORK.
PROJECT INFORMATION
NO
CHANGE
PROJECT DESCRIPTION INSTALLATION OF A 9,000-GALLON HORIZONTAL LIN TANK
CHANGE IN PARKING
ჲ NO CHANGE IN FLOOR AREA
PROJECT VALUATION TBD
PROJECT ADDRESS ჲ 379 E INDUSTRIAL RD,
SAN BERNARDINO, CA 92408
PROJECT COORDINATES ჲ 34.0567841 °N, 117.2767049 °W
ASSESSOR PARCEL NUMBER ჲ 0141-581-03
ZONING ჲ INDUSTRIAL LIGHT - IL
OCCUPANCY ჲ F-2, S-2
CODES 2019 CALIFORNIA BUILDING CODE
2019 CALIFORNIA MECHANICAL CODE
2019 CALIFORNIA PLUMBING CODE
2019 CALIFORNIA ELECTRICAL CODE
2019 CALIFORNIA GREEN BUILDING STANDARDS CODE
2019 CALIFORNIA ENERGY EFFICIENCY STANDARDS
2019 CALIFORNIA FIRE CODE
LOT SIZE ჲ 0.83 ACRES
BUILDING AREA ჲ 16,237 S.F.
BUILDING CONSTRUCTION TYPE ჲ V-B
AUTOMATED SPRINKLERS? ჲ YES
EXISTING USES WITHIN 100' OF
PROPERTY ჲ INDUSTRIAL LIGHT - IL
PAVEMENT TYPE ჲ ASPHALT
PROJECT TEAM
OWNER ALBERTO DE SANTIAGO
1440 VINEYARD AVE,
ONTARIO, CA 91761
(949) 975-9412
TENANT ADESA INTERNATIONAL
379 E INDUSTRIAL RD,
SAN BERNARDINO, CA 92408
(562) 234-1322
STRUCTURAL ENGINEER SGE CONSULTING STRUCTURAL ENGINEERS 2081 BUSINESS CENTER DR. #105
IRVINE, CA 92612
(949) 552-5244
CONTRACTOR TBD
E REDLANDS BLVD
S WATERMAN AVE
E INDUSTRIAL RD
E COMMERCIAL RD
10 N
2E
2E
2E
3E
6E
10E
8E
AREA OF WORK
1 SP2
ENLARGED
7E
3E
5E
9E
10E
10E
10E
10E
4E
1N
2N
3N
4N
4 PARKING SPACES TO BE REMOVED
PARKING ANALYSIS
BUILDING 379
USE OF AREA OFFICE
INDUSTRIAL - WAREHOUSE/STORAGE
FLOOR AREA 2,123 SF OFFICE
+ 14,114 SF INDUSTRIAL
16,237 SF TOTAL
REQUIRED PARKING PER CODE, OFFICE 1 SPACE PER 250 SF
REQUIRED PARKING PER CODE, INDUSTRIAL 1 SPACE PER 1,000 SF CALCULATED REQUIRED PARKING, OFFICE 2,123 SF x 1 SPACE = 8.5 SPACES 250 SF
9 PARKING SPACES REQUIRED BASED ON
OFFICE AREA PER CODE
CALCULATED REQUIRED PARKING, INDUSTRIAL 14,114 SF x 1 SPACE = 14.1 SPACES 1,000 SF
15 PARKING SPACES REQUIRED BASED ON
INDUSTRIAL AREA PER CODE
CALCULATED REQUIRED PARKING, TOTAL 9 SPACES OFFICE
+ 15 SPACES INDUSTRIAL
24 SPACES TOTAL REQUIRED
PROPOSED CHANGES 4 PARKING SPACES TO BE REMOVED
NO CHANGES TO ADA PARKING SPACES
PARKING SUMMARY
CURRENT PROPOSED
31 SPACES AVAILABLE
7 SPACES IN EXCESS
CURRENT PARKING IN COMPLIANCE
WITH PARKING STANDARDS
27 SPACES AVAILABLE
3 SPACES IN EXCESS
PROPOSED PARKING IN COMPLIANCE
WITH PARKING STANDARDS
ADDITIONAL PARKING NOTES
ALL REMAINING PARKING SPACES ARE TO BE ACCESSIBLE AT ALL TIMES.
ALL EMPLOYEE PARKING TO BE DONE WITHIN THE PROPERTY SITE ONLY.
PARKING AT OTHER PROPERTIES AND ON-STREET PARKING IS NOT ALLOWED. 5N
6N
OPERATIONAL CONSIDERATIONS
SEMI-TRUCK DELIVERIES WILL BE BETWEEN THE HOURS OF 9PM AND 6AM.
OPERATIONS TEAMS WILL DISPOSE OF ALL WASTE IN A TIMELY MANNER IN AN EFFORT TO MAINTAIN CLEAN VISUALS AND MINIMIZE ANY ODORS.
TRAFFIC WILL BE PROPERLY MANAGED AND NO TRAFFIC WILL PARK ON ADJACENT PROPERTY.
Packet Page. 59
36'-3"
16'-9"
6"±
INSTALLATION OF 9,000-GAL LIN TANK
AND ENCLOSURE
Adesa International
LOCATION
SGE JOB No. 521.073.422
May 20, 2022
TEL. (949) 552-5244 FAX (949) 552-5243
S. GORDIN STRUCTURAL DESIGN
2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612
& ENGINEERING SERVICES (SGE), INC.
379 E Industrial Rd, San Bernardino, CA 92408
ADESA INTERNATIONAL
DATE: November 22, 2021
REVISIONS
TOTAL SITE PLAN SHEETS - 2
DESIGNED BY
APPROVED BY
JT
VSG
THESE PLANS WERE DEVELOPED RESTRICTIVELY
FOR USE ON THE STRUCTURES AND BY
PERSONS/COMPANY AS SPECIFIED IN THE TITLE
BLOCK. ANY OTHER USE (INCLUDING, BUT NOT
LIMITED TO, DISSEMINATION AND COPYING) OF
THESE PLANS OR ANY USE OF THE PLANS BY ANY
PARTY OR PARTIES OTHER THAN THE ONES
SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY
PROHIBITED UNLESS UNDER A WRITTEN
PERMISSION BY SGE.
CLIENT
PRACTICAL
SOLUTIONS
15233 VANADA RD,
LA MIRADA, CA 90638
ATTENTION:
REFER TO LIST OF REVISIONS ON THIS SHEET:
THE RELEASE OF THIS DRAWING WITH THE LATEST
REVISION NUMBER AND DATE SUPERSEDES AND VOIDS
ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE
SUBJECT SITE.
PARKING
ONLY
VAN
ACCESSIBLE
MINIMUM
FINE $250
80" MIN TO FIN. GRADE
WALL OR POLE MOUNTED
PARKING IDENTIFICATION
SIGNS SHALL BE
REFLECTORIZED WITH A
MINIMUM AREA OF 70 SQUARE
INCHES
PARKING SPACE IDENTIFICATION SIGNS SHALL
INCLUDE THE INTERNATIONAL SYMBOL OF
ACCESSIBILITY.
SYMBOL OF ACCESSIBILITY AND THEIR
BACKGROUND SHALL HAVE A NON-GLARE
FINISH, THE SYMBOL SHALL CONSIST OF A
WHITE FIGURE ON A BLUE BLACK GROUND. THE
BLUE SHALL BE COLOR NO. 15090 IN FEDERAL
STANDARD 595B.
ADDITIONAL SIGN
REQUIRED FOR VAN
ACCESSIBLE PARKING
ADDITIONAL SIGN BELOW THE
INTERNATIONAL SYMBOL OF
ACCESSIBILITY SHALL STATE
"MINIMUM FINE $250".
℄ OF
ACCESSIBLE
PARKING SIGN
NOTE: PARKING SPACE IDENTIFICATION SIGN SHALL
BE VISIBLE FROM EACH PARKING SPACE. SIGNS
SHALL BE PERMANENTLY POSTED EITHER
IMMEDIATELY ADJACENT TO THE PARKING SPACE OR
WITHIN THE PROJECTED PARKING SPACE WIDTH AT
THE HEAD END OF THE PARKING SPACE. SIGNS MAY
ALSO BE PERMANENTLY POSTED ON A WALL AT THE
INTERIOR END OF THE PARKING SPACE.
AN ADDITIONAL SIGN SHALL BE POSTED EITHER:
1. IN A CONSPICUOUS PLACE AT EACH ENTRANCE TO AN
OFF-STREET PARKING FACILITY OR;
2. IMMEDIATELY ADJACENT TO ON-SITE ACCESSIBLE
PARKING AND VISIBLE FROM EACH PARKING SPACE
17"
MIN
22"
MIN
THE ADDITIONAL SIGN SHALL CLEARLY STATE IN
LETTERS WITH A MINIMUM HEIGHT OF 1 INCH THE
FOLLOWING:
"UNAUTHORIZED VEHICLES PARKED IN DESIGNATED
ACCESSIBLE SPACES NOT DISPLAYING
DISTINGUISHING PLACARDS OR SPECIAL LICENSE
PLATES ISSUED FOR PERSONS WITH DISABILITIES WILL
BE TOWED AWAY A THE OWNER'S EXPENSE. TOWED
VEHICLES MAY BE RECLAIMED AT: ________________
OR BY TELEPHONING: ________________."
ACCESSIBILITY
DIRECTIONAL
SYMBOL
9'-0" MIN
8'
17'
PARKING
NO
18'-0" @ 90° PARKING
20'-0" DIAGONAL PARKING
36"
36"
NOTE: EACH ACCESSIBLE CAR AND VAN SPACE
SHALL HAVE SURFACE IDENTIFICATION
INTERNATIONAL SYMBOL OF
ACCESSIBILITY COLORED IN
WHITE ON A BLUE
BACKGROUND. THE BLUE
SHALL BE COLORED NO. 15090
IN FEDERAL STANDARD 595B.
THE CENTERLINE OF THE INTERNATIONAL SYMBOL
OF ACCESSIBILITY SHALL BE A MAXIMUM OF 6 INCHES
FROM THE CENTERLINE OF THE PARKING SPACE, IT'S
SIDES PARALLEL TO THE LENGTH OF THE PARKING
SPACE AND ITS LOWER CORNER, AT OR LOWER SIGN
ALIGNED WITH, THE END OF THE PARKING SPACE.
(N)TOC
10'-6" REF
12" CLR FOR
VENTILATION
11'
7'
6" 6"
(E)TOG
1 ENLARGED AREA OF WORK
PLAN, SCALE: 1" = 3-0"
SP2
ENLARGED
AREA OF WORK,
ELEVATIONS &
DETAILS
N
ACCESS AISLES SHALL BE MARKED WITH A BLUE
PAINTED BORDERLINE AROUND THEIR PERIMETER.
THE AREA WITHIN THE BLUE BORDERLINES SHALL
BE MARKED WITH HATCHED LINES A MAXIMUM OF
36 INCHES ON CENTER IN COLOR CONTRASTING
WITH THAT OF THE AISLE SURFACE, PREFERABLY
BLUE OR WHITE. THE WORDS "NO PARKING" SHALL
BE PAINTED ON THE SURFACE WITHIN EACH
ACCESS AISLES IN WHITE LETTERS A MINIMUM OF
12 INCHES IN HEIGHT AND LOCATED TO BE VISIBLE
FROM THE ADJACENT VEHICULAR WAY. ACCESS
AISLES MARKING MARKINGS MAY EXTEND BEYOND
THE MINIMUM REQUIRED LENGTH.
ACCESS AISLES SHALL NOT OVERLAP THE
VEHICULAR WAY AND SHALL BE PERMITTED TO BE
PLACED ON EITHER SIDE OF THE PARKING SPACE
EXCEPT FOR VAN PARKING SPACES WHICH SHALL
HAVE ACCESS AISLES LOCATED ON THE
PASSENGER SIDE OF THE PARKING SPACES.
A CURB OR WHEEL STOP SHALL BE
PROVIDED IF REQUIRED TO PREVENT
ENCROACHMENT OF VEHICLES OVER
THE REQUIRED CLEAR WIDTH OF
ADJACENT ACCESSIBLE ROUTES.
MAX SLOPE OF PARKING SURFACE SHALL
NOT EXCEED 2% IN ANY DIRECTION.
THE PARKING SPACE SHALL BE
OUTLINED OR PAINTED BLUE
ADA PARKING STANDARDS
THE PARKING STANDARDS
SHALL BE IN COMPLIANCE
WITH 2010 ADA STANDARDS
FOR ACCESSIBLE DESIGN AND
2019 CBC 11B DIVISION 5
2 (N) TANK
ELEVATION, SCALE: 1" = 3'-0"
2 -
KEYNOTES
EXISTING (E), NO CHANGE
BY OTHERS, NIC
NEW (N)
REFER TO STRUCTURAL DRAWINGS
1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN
2E PARKING 2N CONCRETE PAD
3E ACCESSIBLE PARKING SPACE 3N BOLLARD
4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE
5E DRIVEWAY 5N DOOR, BY OTHERS, NIC
6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC
7E TRANSFORMER
8E REFUSE ENCLOSURE
9E 6' FENCE & GATE
10E CURB
3N
2N
3N
1N
2N
4N
(E) SUBBASE
9E
10E
10E
1N
4N
COLUMN CL
TYP
6N
5N
6N
(N) SECURITY BARS
Packet Page. 60
Public Hearing: Agenda Item No. 2
City of San Bernardino
Request for Planning Commission Action
Date: November 12, 2024
To: Honorable Chairperson and Planning Commissioners
From: Gabriel Elliott, Director of Community Development and Housing By: Michael Rosales, Senior Planner
Subject: Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020
Owner: Respondent:
Alberto D. Santiago Adesa International
9265 Burton Way 1440 S. Vinyard Avenue
Beverly Hills, CA 92408 Ontario, CA 91761
Appellant:
Waterman Business Center Association
328 E. Commercial Road #107
San Bernardino, CA 92408
Project Description:
Pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code, the appellant is requesting an appeal of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020, in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were redacted from the original Administrative Development Permit 22-020; for the property known as 379 E.
Industrial Road located on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3.
Recommendation:
It is recommended that the Planning Commission of the City of San Bernardino take the following action:
1) Adopt Resolution No. 2024-033 of the Planning Commission of the City of San Bernardino, California, denying Appeal 24-05 thereby upholding the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 (Attachment F) for Administrative Development Permit 22-020, Packet Page. 61
in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were redacted from the original Administrative Development Permit 22-020 (Attachment E); for the property known as 379 E. Industrial Road located on 0.83 acres (APN:
0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment A1).
OR
2) Adopt Resolution No. 2024-034 of the Planning Commission of the City of San Bernardino, California, approving Appeal 24-05 thereby restoring the deleted conditions of approval 20 (twenty) through 26 (twenty-six), included with the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 (Attachment F) for Administrative Development Permit 22-020 (Attachment E), for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment A2).
Background
July 22, 2022 Administrative Development Permit 22-020 was issued for the installation of an approximate 9,000-gallon liquid nitrogen tank, this approval included Conditions of Approval numbers 20-26.
July 20, 2023 Following direction from former management staff, planning amended and redacted Conditions of Approval 20 through 26 from the original Administrative Development Permit with Amendment to Conditions 23-01.
July 24, 2023 The WBCA emailed Staff a letter requesting an Appeal of Amendment to Conditions of Approval 23-01.
September 4, 2024 The WBCA formally files Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020.
October 8, 2024 At the duly noticed public hearing of October 8, 2024, Appeal 24-05 was continued to the November 12, 2024 Planning Commission hearing for a final action.
Public Hearing Noticing:
Notification of the public hearings for the project was completed as follows, in accordance with Section 19.52.020 (Hearing and Appeals – Application Processing) of the City of San Bernardino Development Code:
September 25, 2024: Notices were mailed to the property owners and tenants within 1,000 feet of the exterior boundaries of the subject property, providing the nature of the request, location of the property, the date, time, and place of the Planning Commission meeting of October 8, 2024 for Appeal 24-05.
Packet Page. 62
September 28, 2024: Legal advertisement was published in the San Bernardino Sun Newspaper.
Environmental Determination
In accordance with Section 15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with the original proposal for Administrative Development Permit 22-020 and concluded that the proposed project is exempt under the CEQA Guidelines pursuant to Section 15301 (Existing Facilities). A Class 1 Categorical Exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of the existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use.
Setting & Site Characteristics:
The project site is located at APN: 0141-581-03 within the Industrial Light (IL) zone, Ward 3 (Attachments C and D).
Table 1 below provides a summary of the surrounding land use characteristics of the subject site and surrounding properties.
TABLE 1: SITE AND SURROUNDING LAND USES
LOCATION LAND USE ZONE GENERAL PLAN
DESIGNATION
Site’s ADESA Industrial Light (IL) Commercial/ Tri-City Club
North Office and Industrial use Industrial Light (IL) Commercial/ Tri-City Club
South Office and Industrial use Industrial Light (IL) Commercial/ Tri-City Club
East Office and Industrial use Industrial Light (IL) Commercial/ Tri-City Club
West Office and Industrial use Industrial Light (IL) Commercial/ Tri-City Club
Analysis:
In February of 2021 an application for a Zoning Verification Review for ADESA International which is a frozen food distributor was received by the City of San Bernardino Planning Division. Being that the proposed land use was a permitted use per the City of San Bernardino Development Code Chapter 19.08 Section 19.08.080.01 (Industrial Zones list of Permitted, Development Permitted and Conditionally Permitted uses), the Planning Division issued the Zoning Verification Review determining that the Land Use operation of a frozen food distributor was permitted within the Industrial Light zone, and a business license could be obtained through the Business Registration Department with the processing of applicable applications and payment of applicable fees.
Packet Page. 63
In May 2022, an application for Administrative Development Permit 22-020 was submitted by ADESA International for the installation of an approximately 9,000-gallon nitrogen tank which would be utilized in conjunction with the packaging of their frozen foods in which they then distribute to other applicable businesses. At the time of the submission of Administrative Development Permit 22-020, the Waterman Business Center Association, who is the business operating managers of the center (Exhibit “B”), reached out to City Staff and had some concerns with the operating characteristics of their tenant ADESA international. ADESA had done unpermitted construction and were parking in unauthorized parking locations throughout the Industrial Center, including red zones, which was impeding parking for other businesses and their employees.
The WBCA also had concerns that installing the nitrogen tank would have impacts to parking and circulation, would cause modification to existing storm drains, remove landscaping, and there would be clear visibility of the nitrogen tank to offices situated within the industrial park itself. After the Planning Division’s analysis of the project in its entirety and through working with ADESA and in an effort to work with the Waterman Business Center Association (WBCA), Planning Division management at the time agreed to incorporate a set of conditions that were crafted by the WBCA and included them within our Administrative Development Permit 22-020.
The understanding was that the addition of the Conditions of Approval within Administrative Development Permit 22-020 was agreed upon by all parties involved (Exhibit “C”). This agreement, confirmed by WBCA President Craig Furniss, ensured no objections from WBCA, ADESA, and all stakeholders. The WBCA also attested that without the addition of the Conditions of Approval the WBCA and stakeholders within the industrial center would have objected to the addition of the nitrogen tank. The Conditions that were agreed on and added to Administrative Development Permit 22-020 are as follows:
• 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.
• 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. • 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.
• Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests
• No utility lines will be mounted on the exterior of the building.
Packet Page. 64
• 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.
• 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.
In March 2023, a representative from ADESA contacted the City Manager’s office and Planning Division Management about Administrative Development Permit 22-020 and Conditions of Approval 20 through 26 asking about the rationale behind these conditions.
Management explained that the conditions were included to accommodate all parties, as it was believed everyone agreed to the Conditions. There were additional meetings and communications involving former City Management staff, ADESA representatives, and the WBCA. However, Planning staff was in constant communication with Craig Furniss and the WBCA, informing them that ADESA wanted to alter the permit while staff was also in communication with ADESA about WBCA’s issues with their operations. The then Director of Community Development and the City Planner directed the removal of Conditions 20 through 26, as they were operational concerns between WBCA and ADESA, and our permit already addressed other WBCA operational concerns. Before this action was taken, the Director of Community Development and the City Planner resigned.
In May of 2023 ADESA’s legal team reached out to BB&K to see what position the City was taking on the removal of the said conditions. At that time there was no Planning Management nor Directors to make any calls decisions.
In July 2023, following direction from the former City Management Staff, planning amended and redacted Conditions of Approval 20 through 26 from the original ADP with Amendment to Conditions 23-01. Staff created the report, signed it, and sent it to both ADESA International and the Waterman Business Center Association.
On July 20, 2023 Craig Furniss and the WBCA reached out to Planning staff to protest the removal of the Conditions of Approval 20 through 26 via a letter requesting an appeal (Attachment G). It was around this time our interim Director of Community Development had started with the City of San Bernardino. After catching them up on the situation and after their own research they determined that if the WBCA wanted to Appeal the project the department would honor it.
From July of 2023 till now, there continues to be issues between ADESA International and the Waterman Business Center Association. On September 4, 2024, the Planning Division officially accepted and processed the appeal.
At the duly noticed public hearing of the Planning Commission on October 8, 2024, Appeal 24-05 was continued to the Planning Commission meeting of November 12, 2024 for final action.
Packet Page. 65
Appeal Grounds:
The appellant is requesting an appeal of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020, in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were redacted from the original Administrative Development Permit 22-020; for the property known as 379 E. Industrial Road located on
0.83 acres (APN: 0141-581-03) located within the Industrial Light (IL) zone, Ward 3.
On September 4, 2024, an application for Appeal 24-05 was filed by “Waterman Business Center Owners Association” to appeal the Community Development and Housing Departments decision to redact Conditions of Approval 20-26 from the original Administrative Development Permit 22-020 (Attachment E) pursuant to Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code.
1. The specific grounds for the appeal were provided by the appellant as follows: The Finding in the Letter Amendment to Conditions of Approval 23- 01(Attachment F) states that the Conditions of Approval are “more restrictive than conditions put on other businesses within the business complex”.
Response: The Conditions were created and mutually agreed upon by the building owner, the occupant/tenant (ADESA), and the Waterman Business Center Association (WBCA)(See EXHIBIT C). Secondly, the conditions were created when the specific owner installed a 9,000-gallon Nitrogen Tank on the property.
No other business has installed an exterior improvement nor a liquid nitrogen tank in their yard. Should the Nitrogen Tank be removed then the conditions of approval would no longer apply. These conditions of approval are necessary for the improvements made by the occupant.
One of the roles of the Association is to ensure its member comply with Local, State, and Federal Laws. The user loads during all hours of the day and block the fire lane to the building, block drivers on Industrial Road, and the occupants’ employees park in the neighboring building parking lots because their own parking lot is full and inaccessible due to Truck Loading. The Semi-Trucks are also parked within passenger vehicle parking spots.
2. Action Sought: The Conditions of Approval should be reinstated effective immediately and the business at the property address should comply with the conditions of approval they had already agreed too.
3. Additional Information: Please see the following exhibits (See Exhibit B for Management CC&Rs) and photos regarding violations at the property. The neighboring building contains businesses such as Social Vocational Services who offer program for adults with developmental disabilities. Staff for this business park on the street as their business is blocked by ADESA employees and trucks. The Conditions of Approval that were previously in place protected the neighboring business and their clients. The Planning Division did not have the right to make an executive decision to amend these restrictions.
End of Appellant Statement.
Packet Page. 66
Respondent:
As discussed in greater detail in Attachment H (Attached), Respondents oppose the appeal for the following reasons:
1. The appeal is untimely.
2. There is no nexus between the permit and the conditions the WBCA seeks to impose.
3. The conditions the WBCA seeks to impose are outside the scope of the relative CC&Rs and would cause the Respondents to be treated differently from all other owners/operators within the business center.
4. The grounds and evidence submitted by the WBCA are misleading.
5. The allegations made by the WBCA are best addressed between the WBCA and Respondents without burdening the City.
Additional Information:
Appeal was untimely (See Attachment H):The WBCA received notice of the Amendment on July 20, 2023, and sent a letter to the City on July 24, 2023.
However, WBCA’s appeal application was submitted on September 4, 2024, 412 days later. The City’s appeal form requires appeals to be filed within 15 days of the final action date, as per Section 19.52.100 of the San Bernardino Development Code. Section 19.52.140 allows reconsideration if new information is presented within 15 days of the final action date. The permit became final on August 4, 2023, giving the Respondents a vested interest. The 412-day delay makes the appeal untimely, and it should be denied by the Planning Commission.
No Nexus Between the Conditions and the Permit (See Attachment H): The Property has a separate, private driveway and dedicated parking lot for its deliveries and employee parking. Additionally, Industrial Road allows public parking without restriction. Despite this, the Association seeks to impose conditions upon S&E indefinitely and Adesa for the duration of its lease, that uniquely burdens this particular Property, and only this Property.
Conditions 20 Through 26 Are Outside the Authority of the WBCA and Cause Respondents to be Treated Differently from All Other Owners and Users in the Center (See Attachment H): WBCA lacks authority to impose Condition 20 for the improvement. The condition limiting delivery hours is not applied to any other property within the Association. The Waterman Business Center Rules and Regulations, adopted on January 18, 2022, allow unrestricted truck loading and unloading. The only relevant rule states that loading and unloading must occur on an owner’s lot without blocking common driveways, which Adesa complies with.
The CC&Rs address common driveways but loading and unloading at this property do not require their use.
WBCA’s Allegations Are Misleading (See Attachment H):
To justify its appeal, the WBCA makes the following three allegations:
1. Adesa employees park on adjacent owners’ lots due to lack of parking.
Packet Page. 67
2. Semi-trucks block and que on Industrial Road during business hours; and
3. Trucks block fire lanes.
The WBCA’s Allegations are Best Addressed By WBCA and Respondents Without Burdening the City (See Attachment H):
As the City determined and informed the WBCA more than a year ago, “the conditions being removed are better suited for private negotiation between the Association and the business owner. Not only is it far too late for the City to consider any appeal with regard to this permit, but the grounds alleged are inappropriate. Pursuant to its own CC&Rs and Rules and Regulations, the WBCA is already empowered to address parking, loading, and outdoor storage, among other possible issues. It is not the role of the City to enforce private rules and regulations.
For the foregoing reasons, the Respondents respectfully request the Planning Commission deny the appeal of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020
End of Applicant Statement
Conclusion:
City Staff believed all parties (tenant, owner, WBCA, and consultant) agreed to the conditions added to Administrative Development Permit 22-020 (#20-#26). However, since March of 2023, the tenant ADESA and their legal team had requested the removal of these conditions. Despite the City bringing this to WBCA’s attention multiple times, no action was taken. Therefore, staff removed Conditions of Approval #20-#29 within Administrative Development Permit 22-020 via Amendment to Conditions of Approval 23- 01 to align with how the City imposes conditions on other businesses in the complex and based off past direction. Any disagreements between tenant and management are considered private matters.
It is recommended that the Planning Commission of the City of San Bernardino take the following action:
1) Adopt Resolution No. 2024-033 of the Planning Commission of the City of San Bernardino, California, denying Appeal 24-05 thereby upholding the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 (Attachment F) for Administrative Development Permit 22-020 (Attachment E), in which conditions of approval numbers 20 through 26 were redacted from the original Administrative Development Permit 22-020; for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment A1).
OR
Packet Page. 68
2) Adopt Resolution No. 2024-034 of the Planning Commission of the City of San Bernardino, California, approving Appeal 24-05 thereby restoring the deleted conditions of approval 20 through 26, included with the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 (Attachment F) for Administrative Development Permit 22-020 (Attachment E) for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment A2).
Attachments:
Attachment A1 Resolution No. 2024-033
Attachment A2 Resolution No. 2024-034
Attachment B Justification Letter
Attachment C Location/Zoning Map
Attachment D Aerial Map
Attachment E Original Approval of Administrative Development Permit 22-020 Attachment F Approval of Amendment to Conditions of Approval 23-01 Attachment G Letter from Appellant (WBCA) asking for an Appeal Dated July 24, 2023, with photos
Attachment H Respondent (ADESA) response to Appeal 24-05 Packet Page. 69
ATTACHMENT A1
RESOLUTION 2024-033
Packet Page. 70
RESOLUTION NO. 2024-033-PC
1 RESOLUTION NO. 2024-033-PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN BERNARDINO CALIFORNIA,
DENYING APPEAL 24-05 THEREBY UPHOLDING THE
COMMUNITY DEVELOPMENT AND HOUSING
DEPARTMENT’S APPROVAL OF AMENDMENT TO
CONDITIONS OF APPROVAL 23-01 FOR
ADMINISTRATIVE DEVELOPMENT PERMIT 22-020, IN
WHICH CONDITIONS OF APPROVAL NUMBERS 20
(TWENTY) THROUGH 26 (TWENTY-SIX) WERE DELETED
FOR THE PROPERTY LOCATED AT 379 E. INDUSTRIAL
ROAD ON 0.83 ACRES (APN: 0141-581-03) LOCATED
WITHIN THE INDUSTRIAL LIGHT (IL) ZONE, WARD 3.
WHEREAS, on September 4, 2024, pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits-Applications) of the City of San Bernardino Development Code, an application for Appeal 24-05 was duly submitted by:
Appellant: Waterman Business Center Association
328 E. Commercial Road #107
San Bernardino, CA 92408
APN: 0141-581-03
Lot Area: 0.83 acres
WHEREAS, Appeal 24-05 is an appeal of the Community Development and Housing Department’s approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020, in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were deleted from the original Administrative Development Permit 22-020; for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) located within the Industrial Light (IL) zone, Ward 3;
WHEREAS, On July 22, 2022, the original approval for Administrative Development Permit 22-020, which included Conditions of Approval # 20 – 26, was issued to Adesa International and involved the installation of an approximately 9,000-gallon nitrogen tank which would be utilized in conjunction with the packaging of Adesa International frozen foods; WHEREAS, on July 20, 2023, planning staff amended and deleted Conditions of Approval 20 through 26 from the original ADP with Amendment to Conditions 23-01; WHEREAS, On July 24, 2023, The Waterman Business Center Association in a 2- page letter requested an Appeal of Amendment to Conditions of Approval 23-01; and WHEREAS, On September 4, 2024, The Waterman Business Center Association formally files Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020; and
Packet Page. 71
RESOLUTION NO. 2024-033-PC
2 WHEREAS, the Planning Division has reviewed Amendment to Conditions 23-01 for Administrative Development Permit 22-020 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, on September 28, 2024, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals-Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners and tenants within 1,000 feet of the subject property of the holding of a public hearing at which Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020 would be considered; and
WHEREAS, on October 8, 2024 pursuant to the requirements of Sections 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020;
WHEREAS, at the duly noticed public hearing of the City of San Bernardino Planning Commission, staff requested a continuance to the Duly notice Planning Commission meeting of November 12, 2024 in which the request was granted; and WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Planning Commission has the authority to act on Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020.
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION:
Being the decision-making body for the project, the Planning Division reviewed and considered the information contained in the administrative record for the initial approval of Administrative Development Permit 22-020. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Division, the Planning Commission finds as follows:
1. The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines, and
2. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines; and
3. The application of the categorical exemption is not barred by one of the exceptions set forth in the State CEQA Guidelines Section 15300.2; and Packet Page. 72
RESOLUTION NO. 2024-033-PC
3 4. The determination of State CEQA exemption reflects the independent judgment of the Planning Division.
SECTION 2. CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF ADMINISTRATIVE DEVELOPMENT PERMIT 22-020:
Based upon the comprehensive review and evaluation, as required by Chapter 19.44 of the City of San Bernardino Development Code, Administrative Development Permit 22-020 was approved subject to the following Conditions of Approval:
1. This Administrative Development Permit is an approval to allow the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building. The project site is located at 379 E. Industrial Road (APN:0141-581-03), within the Industrial Light (IL) Zone.
2. Within two (2) years of the Administrative Development 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 (1) year, then the permit/approval shall become null and void.
However, approval of the Administrative Development 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.
3. The site shall be developed and maintained in accordance with the approved plans stamped June 22, 2022 approved by the City, which includes a site plan, on file in the Planning Division; the conditions contained herein; and, the City’s Municipal Code regulations.
EXPIRATION DATE: June 22, 2024
4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (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.
6. 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.
Packet Page. 73
RESOLUTION NO. 2024-033-PC
4 7. 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 Administrative Development Permit, this condition shall remain in effect if the Administrative Development Permit is rescinded or revoked, whether or not at the request of applicant.
8. 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.
9. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and architecture shall be submitted to the Planning Division prior to any modification of the building exterior, for evaluation for substantial conformance to the approved plans.
10. Minor Modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds ten percent (10%) of allowable measurable design/site considerations shall require the refilling of the original application.
11. The property owner(s), facility operator and property management will be responsible for regular maintenance of the 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 must be removed within 24 hours of being reported.
12. The applicant/owner shall maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition at all times and any dead or missing vegetation must be promptly replaced.
13. 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. Signs painted on the buildings are prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained.
14. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval printed on the plan sheets.
15. A concrete washout shall be provided for the proposed project.
16. All Conditions of Approval shall be completed prior to final inspection and sign-off.
17. All new construction shall require permits prior to commencement.
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RESOLUTION NO. 2024-033-PC
5 18. 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.
19. All new construction shall be confirmed with the San Bernardino County Fire Department. Please contact San Bernardino County Fire Department Fire Prevention, located at 200 E. 3rd Street, San Bernardino, CA 92410 regarding all and/or any submittal requirements regarding new construction via phone at (909) 918-2200.
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.
20. Applicant shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner.
21. 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 site outside of these hours.
22. 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.
23. 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.
24. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests
25. No utility lines will be mounted on the exterior of the building.
26. 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.
27. 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.
Public Works Conditions
a. For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall 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:
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RESOLUTION NO. 2024-033-PC
6 Street Name Dedication of Right of Way
(ft.) from centerline Curb Line(ft)
Industrial Parkway
(0141-581-03-0000)
30’ Existing
No Dedication
“Local Industrial”
Per General Plan
19’+/- Existing
None-Proposed
b. Industrial Road-TI=5.5:
i) Placement of the tank shall not be within the existing or any future rightsof-way. ii) The existing curb & gutter, sidewalk, and/or driveway fronting the site are in fair condition, if any curb & gutter panels, or sidewalk panels are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards. Install Sidewalk in missing areas of the frontage.
iii) Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer.
iv) When replacing/reconstructing curb and gutter panels, construct 8" Curb and Gutter per City Standard No. 200, type “B”.
v) If Replacing or reconstructing Sidewalk panels construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). vi) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering.
* A Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). * These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, public storm drain shall be on a separate set of plans.
c. City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections.
d. A temporary construction 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.
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RESOLUTION NO. 2024-033-PC
7 e. Any pavement work affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. 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. g. The above conditions shall comply with current codes and policies at time of construction.
h. The above conditions shall comply with current codes, policies, and standards at time of construction.
i. Prior to a Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works.
28. Required Engineering Plans
a. A complete submittal for plan checking shall consist of:
▪ Street improvement plans (may include streetlight or street lighting may be separate plans).
▪ Signing and striping plan (may be on sheets included in street improvement plan
▪ On-site improvement plans and landscaping and irrigation, ▪ Lighting (on-site lighting may be included in on-site improvement plan or maybe on a separate stand-alone plan).
▪ CFD’s are required, the CFD Plans shall include Landscaping, Irrigation, Basins, etc. items that are included in the CFD that are not listed in the plans above, shall be on separate sheets included in the street improvement plans. ▪ 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. 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.sbcity.org. c. 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.
d. 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.
e. Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project. Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval.
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RESOLUTION NO. 2024-033-PC
8 29. Required Engineering Permits
a. On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping.
b. Off-site improvement construction permits.
c. WQMP/Hydrology (THR) (if applicable)
d. CFD/Street Dedication Permit (if applicable)
e. Traffic Control and ROW Permits (if applicable)
30. Applicable Engineering Fees
a. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org
b. 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 fee for each set of plans will be required at time of application for plan check. c. 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.
31. Traffic Requirements
a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan.
32. Integrated Waste Management
a. During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b. The site plan dated November 22, 2021, identifies the installation of a 9,000- gallon liquid nitrogen tank and equipment enclosure at an existing building located at 379. E. Industrial Road.
c. Burrtec Waste’s review of the site plan identifies a proposed nitrogen storage tank located east of the existing refuse enclosure serving the property. The enclosure is currently accessed by a looped driveway. Based on the information provided, the project tank and enclosure will not impact Burrtec’ s ability to service the existing refuse enclosure. Any changes to the overall design, enclosure specifications or location, or access may adversely impact Burrtec’ s ability to service the project.
Any design modification that could impact Burrtec’ s service will be subject to review by Burrtec. Burrtec’ s review of this project is limited to determining whether it meets Burrtec’ s minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to equipment and personnel and do not pertain to the project’s compliance with applicable federal, state and local land use and environmental laws, building codes or other applicable government regulations.
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RESOLUTION NO. 2024-033-PC
9 Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project.
d. Contact the Building & Safety Division to determine ADA accessibility requirements. Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area.
e. Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508). f. Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City.
g. Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35-foot long, three-axle collection truck.
The minimum inside curb radius shall be at least 28 feet. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s truck turning template may be obtained from the Public Works Department in PDF and CAD. h. Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet.
The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet. i. Hammerhead Turnarounds – Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the Public Works Department.
j. If gated, access shall be provided by means of a key, code, or remote. k. Assembly Bill 341 Mandatory Commercial Recycling may apply. l. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. m. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. n. Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222.
San Bernardino Consolidated Fire District
31. All conditions set forth by the County of San Bernardino Fire Department shall be followed.
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RESOLUTION NO. 2024-033-PC
10 SECTION 3. CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF AMENDMENT TO CONDITIONS OF APPROVAL 23-01 FOR
ADMINISTRATIVE DEVELOPMENT PERMIT 22-020:
The approval of Amendment to Conditions of Approval 23-01 for Administrative Development Perit 22-020 was subject to the following Conditions of Approval:
1. This approval authorizes the applicant an allowance for the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building located on a parcel containing approximately 0.83 acres located at 379 E.
Industrial Road (APN:0141-581-03) within the Industrial Light (IL) zone.
2. This approval shall comply with Administrative Development Permit 22-20, dated June 22, 2022 (Attachment E)
The following Conditions of Approval for previous approved Administrative Development Permit 22-20 are deleted from the original approval of Administrative Development Permit 22- 020 as follows:
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.
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.
Please be advised that the decision is final unless a written appeal is filed, with the appropriate fee, within fifteen (15) days of the date following the final date of approval, pursuant to Section 19.52.100 of the City of San Bernardino Development Code.
End of Conditions of Approval
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RESOLUTION NO. 2024-033-PC
11 SECTION 4. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adopt Planning Commission Resolution No.2024-033:
a. Finding that the environmental impacts of this project were previously analyzed under the Categorical Exemption adopted on July 22, 2022, in conjunction with Administrative Development Permit 22-020; and
b. Denying Appeal 24-05 for Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 based on the finding of fact, CEQA determination, and subject to the Conditions of Approval.
SECTION 5. SEVERABILITY:
If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. CUSTODIAN OF RECORDS
The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Development/Environmental Review Committee based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), (909) 384-5002.
PASSED, APPROVED, AND ADOPTED this 12th day of November 2024. _________________________________
Lisa Sherrick, Chairperson
San Bernardino Planning Commission
ATTEST:
_____________________________________
Gabriel Elliott, Planning Commission Secretary
City of San Bernardino, California
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RESOLUTION NO. 2024-033-PC
12 CERTIFICATION:
I, Alyssa Blancas Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2024-033 was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 12th day of November 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Alyssa Blancas, Recording Secretary
City of San Bernardino, California
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RESOLUTION NO. 2024-033-PC
13 EXHIBIT “A”
APPROVED PLANS
Packet Page. 83
96.49'
231.44'
184.30'
E INDUSTRIAL RD
30'± 24'-1"±
21' ±63'±
8.5' TYP
23'-3"±
℄
49.46'±
211.72'±
INSTALLATION OF 9,000-GAL LIN TANK
AND ENCLOSURE
Adesa International
LOCATION
SGE JOB No. 521.073.422
May 20, 2022
TEL. (949) 552-5244 FAX (949) 552-5243
S. GORDIN STRUCTURAL DESIGN2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612 & ENGINEERING SERVICES (SGE), INC.
379 E Industrial Rd, San Bernardino, CA 92408
ADESA INTERNATIONAL
DATE: November 22, 2021
REVISIONS
TOTAL SITE PLAN SHEETS - 2
DESIGNED BY
APPROVED BY
JT
VSG
THESE PLANS WERE DEVELOPED RESTRICTIVELY
FOR USE ON THE STRUCTURES AND BYPERSONS/COMPANY AS SPECIFIED IN THE TITLEBLOCK. ANY OTHER USE (INCLUDING, BUT NOTLIMITED TO, DISSEMINATION AND COPYING) OF
THESE PLANS OR ANY USE OF THE PLANS BY ANY
PARTY OR PARTIES OTHER THAN THE ONES
SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY
PROHIBITED UNLESS UNDER A WRITTENPERMISSION BY SGE.
CLIENT
PRACTICALSOLUTIONS
15233 VANADA RD,
LA MIRADA, CA 90638
ATTENTION:
REFER TO LIST OF REVISIONS ON THIS SHEET:
THE RELEASE OF THIS DRAWING WITH THE LATEST
REVISION NUMBER AND DATE SUPERSEDES AND VOIDS
ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE
SUBJECT SITE.
N VICINITY MAP DRAWING INDEX
SP1 SITE PLAN, NOTES & PROJECT INFORMATIONSP2 ENLARGED AREA OF WORK, ELEVATIONS & DETAILSS1 STRUCTURAL LAYOUT, NOTES & DETAILSS2 STRUCTURAL DETAILSS3 ENCLOSURE DETAILS
KEYNOTES
EXISTING (E), NO CHANGE
BY OTHERS, NIC
NEW (N)
REFER TO STRUCTURAL DRAWINGS
1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN
2E PARKING 2N CONCRETE PAD
3E ACCESSIBLE PARKING SPACE 3N BOLLARD
4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE
5E DRIVEWAY 5N DOOR, BY OTHERS, NIC6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC7E TRANSFORMER8E REFUSE ENCLOSURE9E 6' FENCE & GATE 10E CURB
1 -
SP1
SITE PLAN,
NOTES &
PROJECT
INFORMATION
PROJECT
SITE
20 0 20 40 1 SITE PLAN FOR REFERENCE ONLY
5E
1E
FT FT FT
CONSTRUCTION NOTES1. GENERAL CONSIDERATIONS
A. ALL WORK SHALL BE PERFORMED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE LOCAL, STATE, AND NATIONAL CODES, AS WELL AS WITH THE PRINCIPLES OF GOOD CONSTRUCTIONPRACTICE.
B. DURING THE CONSTRUCTION PERIOD THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY (INCLUDING FIRE SAFETY) OF THE NEW, AS WELL AS EXISTING, STRUCTURES. THE CONTRACTOR SHALL PROVIDE ADEQUATE SHORING, BRACING, AND GUYS IN ACCORDANCE WITH ALL NATIONAL, STATE, ANDLOCAL SAFETY ORDINANCES. THAT RESPONSIBILITY SHALL APPLY CONTINUOUSLY AND SHALL NOT BELIMITED TO NORMAL WORKING HOURS. ANY DEVIATION FROM SUCH ORDINANCES MUST BE REVIEWED AND APPROVED BY SGE PRIOR TO CONSTRUCTION.
C. THE CONTRACTOR SHALL THOROUGHLY REVIEW THE PLANS AND CHECK ALL DIMENSIONS PRIOR TO COMMENCING THE WORK. ALL DISCREPANCIES SHALL BE CALLED TO THE ATTENTION OF SGE AND RESOLVED BEFORE PROCEEDING WITH THE WORK.
D. THE CONTRACTOR SHOULD NOT PROCEED WITH CONSTRUCTION IN CASE OF CONFLICT(S) BETWEEN
THE DETAILS, AND/OR BETWEEN THE DETAILS AND PLANS, AND/OR BETWEEN THE PLANS AND SCHEDULES. THE CONSTRUCTION SHALL RESUME ONLY UPON THE FULL RESOLUTION OF SUCH CONFLICT BY SGE.
E. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE RESTORATION OF WORKING CONDITION OF ALL EXISTING COMPONENTS AND STRUCTURES AFFECTED BY THIS CONSTRUCTION. THE CONTRACTOR
SHALL CONSTANTLY KEEP THE AREA OF CONSTRUCTION FROM ACCUMULATION OF WASTE MATERIALS AND DEBRIS.
F. AT THE END OF EACH DAY OF CONSTRUCTION ACTIVITY, ALL CONSTRUCTION DEBRIS AND WASTE MATERIALS SHALL BE COLLECTED AND PROPERLY DISPOSED IN TRASH OR RECYCLE BINS. AT THE END
OF WORK, THE CONTRACTOR SHALL REMOVE ALL WASTE, SURPLUS MATERIAL, TOOLS, AND EQUIPMENT.
G. THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE ENGINEER HARMLESS FROM ANY AND
ALL LIABILITY, REAL OR ALLEGED, IN CONJUNCTION WITH THIS PROJECT EXCEPT FOR LIABILITY RISING FROM THE SOLE NEGLIGENCE OF THE ENGINEER.
H. DO NOT SCALE THESE DRAWINGS. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER ASSUMED OR SCALED DIMENSIONS.
I. ALL DIMENSIONS ARE TO FACE OF FINISHED SURFACES. LAYOUT OF STRUCTURES AND FOUNDATIONS MUST BE DETERMINED BY EXAMINATION OF PLANS AND FINISH MATERIALS SELECTED AND SHALL NOTBE ASSUMED AS BEING EXPRESSED BY THE WRITTEN FINISHED SURFACE DIMENSIONS.
J. SITE DRAWINGS ARE BASED UPON THE PLANS OBTAINED FROM THE AUTHORITY HOLDING JURISDICTION (AHJ), AND/OR PROVIDED BY THE PROPERTY OWNER, AND/OR AVAILABLE AERIAL IMAGES.
UNLESS NOTED OTHERWISE, NO TOPOGRAPHIC, BOUNDARY, OR LAND TITLE SURVEY WAS PERFORMED FOR THE PROJECT.
2. STORMWATER, EROSION, AND ENVIRONMENTAL CONSIDERATIONS
ALL CONSTRUCTION WORK SHALL FULLY COMPLY WITH ALL STORMWATER, EROSION, GRADING, AND ENVIRONMENTAL REQUIREMENTS OF THE LOCAL, STATE AND FEDERAL CODES - INCLUDING (BUT NOTLIMITED TO) THE FOLLOWING:
A. ALL CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR PERSONNEL ARE TO BE MADE AWARE OF,
AND COMPLY WITH, THE AUTHORITY HOLDING JURISDICTION (AHJ) BEST MANAGEMENT PRACTICES (BMP) AND GOOD HOUSEKEEPING MEASURES FOR THE PROJECT SITE AND ANY ASSOCIATED CONSTRUCTION STAGING AREAS.
B. APPROPRIATE BMP FOR CONSTRUCTION-RELATED MATERIALS, WASTES, AND SPILLS SHALL BE
IMPLEMENTED TO MINIMIZE TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES, OR ADJOINING PROPERTY BY WIND OR RUNOFF.
C. CONSTRUCTION SITES SHALL BE MAINTAINED IN SUCH A CONDITION THAT AN ANTICIPATED STORM DOES NOT CARRY WASTES OR POLLUTANTS OFF THE SITE. DISCHARGES OF MATERIAL OTHER THAN STORMWATER ARE ALLOWED ONLY WHEN NECESSARY FOR PERFORMANCE AND COMPLETION OFCONSTRUCTION PRACTICES AND WHERE THEY DO NOT: (A) CAUSE OR CONTRIBUTE TO A VIOLATION OF ANY WATER QUALITY STANDARD; (B) CAUSE OR THREATEN TO CAUSE POLLUTION, CONTAMINATION, OR NUISANCE; AND/OR (C) CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITY REPORTABLE UNDERFEDERAL REGULATIONS CFR PARTS 117 AND 302.
D. RUNOFF FROM EQUIPMENT AND VEHICLE WASHING SHALL BE CONTAINED AT CONSTRUCTION SITES UNLESS TREATED TO REDUCE OR REMOVE SEDIMENT OR OTHER POLLUTANTS.
E. POTENTIAL POLLUTANTS INCLUDE, BUT ARE NOT LIMITED TO: SOLID OR LIQUID CHEMICAL SPILLS;
WASTES FROM PAINTS, STAINS, SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WOOD PRESERVATIVES AND SOLVENTS; ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS, LUBRICANTS, AND HYDRAULIC, RADIATOR OR BATTERY FLUIDS; FERTILIZERS, VEHICLE/EQUIPMENT WASH WATER AND CONCRETE WASH WATER; CONCRETE; DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY ENGINE/ EQUIPMENT STEAM CLEANING OR CHEMICALDEGREASING AND SUPERCHLORINATED POTABLE WATER LINE FLUSHING.
F. DURING CONSTRUCTION, THE DISPOSAL OF SUCH MATERIALS SHALL OCCUR IN A SPECIFIED AND
CONTROLLED TEMPORARY AREA ON-SITE PHYSICALLY SEPARATED FROM STORMWATER RUNOFF, WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS.
G. DEWATERING OF CONTAMINATED GROUND WATER OR DISCHARGING OF CONTAMINATED SOILS VIA SURFACE EROSION IS PROHIBITED. DEWATERING OF NON-CONTAMINATED GROUND WATER REQUIRES
A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM THE RESPECTIVE STATE REGIONAL WATER QUALITY BOARD.
H. SEDIMENT FROM AREAS DISTURBED BY CONSTRUCTION SHALL BE RETAINED ON SITE USING STRUCTURAL CONTROLS TO THE MAXIMUM PRACTICAL EXTENT.
I. STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES OR ADJACENT PROPERTIES VIA RUNOFF, VEHICLE TRACKING,OR WIND.
J. GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF THE SLOPES AND TOWARD DESILTING FACILITIES AT THE CONCLUSION OF EACH WORKING DAY.
K. THE PERMITTEE AND THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE THE NECESSARY PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES AHAZARDOUS CONDITION.
L. THE PERMITTEE AND THE CONTRACTOR SHALL ENSURE THAT THE EROSION CONTROL WORK IS IN ACCORDANCE WITH THE APPROVED PLANS.
3. ACCESSIBILITY CONSIDERATIONS
AN ACCESSIBLE ROUTE (PATH OF TRAVEL) FROM THE AREA OF WORK TO THE BUILDING ENTRY, TOILET
ROOMS, AND ACCESSIBLE PARKING SHALL FULLY COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE BUILDING CODE AND AJH. THESE REQUIREMENTS INCLUDE (BUT ARE NOT LIMITED TO) THE FOLLOWING:
A. PATH OF TRAVEL SHALL BE ESTABLISHED ALONG THE SHORTEST POSSIBLE ACCESSIBLE ROUTE FROM
THE ACCESSIBLE PARKING TO THE BUILDING ENTRANCE AND DESIGNATED WITH CODE-COMPLIANT SIGNAGE.
B. ANY OBSTRUCTION THAT OVERHANGS THE PATH OF TRAVEL SHALL BE A MINIMUM OF 80” ABOVE THE WALKING SURFACE AS MEASURED FROM THE BOTTOM OF THE OBSTRUCTION.
C. WALKS AND SIDEWALKS SHALL BE A MINIMUM OF 48” WIDE EXCEPT AT DOORS WHERE WIDENED LEVEL AREAS SHALL BE PROVIDED. THE WIDENED LEVEL AREAS SHALL NOT BE LESS THAN 60” SQUARE AT A DOOR OR GATE THAT SWINGS TOWARD THE WALK, AND NOT LESS THAN 48” WIDE BY 44” DEEP AT ADOOR OR GATE THAT SWINGS AWAY FROM THE WALK.
D. THE SLOPE OR WALKING SURFACES OF ACCESSIBLE ROUTES SHALL NOT EXCEED 5% ALONG THE DIRECTION OF TRAVEL AND 2% ACROSS THAT DIRECTION.
E. ABRUPT CHANGES IN LEVEL ALONG ANY ACCESSIBLE ROUTE SHALL NOT EXCEED ½” UNLESS BEVELED WITH A SLOPE OF 50% MAXIMUM. CHANGES IN LEVEL NOT EXCEEDING ¼” MAY BE VERTICAL.
F. WALKING SURFACES ON AN ACCESSIBLE ROUTE SHALL BE FREE OF GRATINGS WHENEVER POSSIBLE.
GRATINGS LOCATED IN THE SURFACE OF ANY OF THESE AREAS SHALL HAVE GRID OPENINGS MEASURING MAXIMUM ½” IN THE DIRECTION OF TRAFFIC FLOW.
G. FLOOR AND GROUND SURFACES SHALL BE STABLE, FIRM, AND SLIP RESISTANT. IF CARPET OR CARPET
TILE IS USED IN A COMMON-USE AREA OR PUBLIC-USE AREA ON A GROUND OR FLOOR SURFACE, IT SHALL HAVE FIRM BACKING OR NO BACKING. CARPET OR CARPET TILE SHALL HAVE A LEVEL LOOP,
TEXTURED LOOP, LEVEL CUT PILE, OR LEVEL CUT/UNCUT PILE TEXTURE WITH MAXIMUM PILE HEIGHT OF ½”. EXPOSED EDGES OF CARPET SHALL BE FASTENED TO FLOOR SURFACES AND HAVE TRIM ALONG THE ENTIRE LENGTH OF THE EXPOSED EDGE.
H. ALL DOOR MATS SHALL BE RECESSED AND ADEQUATELY ANCHORED TO PREVENT INTERFERENCE WITH WHEELCHAIR TRAFFIC.
I. ALL LEVEL AREAS AT EXIST DOORS SHALL HAVE MINIMUM LENGTHS OF 60” IN THE DIRECTION OF THE DOOR SWING AND 44” IN THE OPPOSITE DIRECTION - AS MEASURED AT RIGHT ANGLES TO THE PLANE OF THE DOOR IN ITS CLOSED POSITION.
J. ALL DOORS SHALL PROVIDE A MINIMUM CLEAR WIDTH OF 32” AND HEIGHT OF 80”. CLEAR OPENINGS OF
DOORWAYS WITH SWINGING DOORS SHALL BE MEASURED BETWEEN THE FACE OF THE DOOR AND THE STOP, WITH THE DOOR OPEN 90 DEGREES.
K. OPENINGS MORE THAN 24” DEEP SHALL BE MINIMUM 36” WIDE CLEAR.L. THERE SHALL BE NO PROJECTIONS INTO THE REQUIRED CLEAR OPENING WIDTH LOWER THAN 34” ABOVE THE FINISH FLOOR OR GROUND. PROJECTIONS INTO THE CLEAR OPENING WIDTH BETWEEN 34”AND 80” ABOVE THE FINISH FLOOR OR GROUND SHALL NOT EXCEED 4 INCHES.
M. HAND-ACTIVATED DOOR OPENING HARDWARE (LEVER-TYPE HARDWARE, PANIC BARS, PUSH-PULL
ACTIVATING BARS OR OTHER HARDWARE DESIGNED TO PROVIDE PASSAGE) SHALL HAVE A SHAPE THAT
IS EASY TO GRASP WITH ONE HAND AND DOES NOT REQUIRE TIGHT GRASPING, TIGHT PINCHING OR TWISTING OF THE WRIST TO OPERATE.
N. HAND-ACTIVATED DOOR OPENING HARDWARE SHALL BE OPERABLE WITH A SINGLE EFFORT NOT EXCEEDING 8.5 LBS FOR EXTERIOR DOORS, 5 LBS FOR INTERIOR DOORS, AND 15 LBS FOR FIRE DOORS.
O. ALL OPERABLE DOOR HARDWARE SHALL BE MOUNTED AT 30” MINIMUM AND 44” MAXIMUM ABOVE THE FINISHED FLOOR.
P. SURFACES OF SWINGING DOORS WITHIN THE VERTICAL DISTANCE OF 10” FROM THE FINISH FLOOR
SHALL HAVE A SMOOTH SURFACE ON THE PUSH SIDE EXTENDING THE FULL WIDTH OF THE DOOR OR GATE.
NOTE:
SITE PLAN IS FOR REFERENCE ONLYSGE STAMP ONLY PERTAINS TO THE AREA OF WORK.
PROJECT INFORMATION
NO
CHANGE
PROJECT DESCRIPTION INSTALLATION OF A 9,000-GALLON HORIZONTAL LIN TANK
CHANGE IN PARKING
ჲ NO CHANGE IN FLOOR AREA
PROJECT VALUATION TBDPROJECT ADDRESS ჲ 379 E INDUSTRIAL RD, SAN BERNARDINO, CA 92408PROJECT COORDINATES ჲ 34.0567841 °N, 117.2767049 °W ASSESSOR PARCEL NUMBER ჲ 0141-581-03
ZONING ჲ INDUSTRIAL LIGHT - IL
OCCUPANCY ჲ F-2, S-2CODES 2019 CALIFORNIA BUILDING CODE 2019 CALIFORNIA MECHANICAL CODE2019 CALIFORNIA PLUMBING CODE2019 CALIFORNIA ELECTRICAL CODE2019 CALIFORNIA GREEN BUILDING STANDARDS CODE2019 CALIFORNIA ENERGY EFFICIENCY STANDARDS2019 CALIFORNIA FIRE CODE LOT SIZE ჲ 0.83 ACRESBUILDING AREA ჲ 16,237 S.F.BUILDING CONSTRUCTION TYPE ჲ V-B AUTOMATED SPRINKLERS? ჲ YES
EXISTING USES WITHIN 100' OFPROPERTY ჲ INDUSTRIAL LIGHT - IL PAVEMENT TYPE ჲ ASPHALT
PROJECT TEAM
OWNER ALBERTO DE SANTIAGO
1440 VINEYARD AVE,
ONTARIO, CA 91761
(949) 975-9412
TENANT ADESA INTERNATIONAL
379 E INDUSTRIAL RD,SAN BERNARDINO, CA 92408
(562) 234-1322
STRUCTURAL ENGINEER SGE CONSULTING STRUCTURAL ENGINEERS 2081 BUSINESS CENTER DR. #105
IRVINE, CA 92612
(949) 552-5244
CONTRACTOR TBD
E REDLANDS BLVD
S WATERMAN AVE
E INDUSTRIAL RD
E COMMERCIAL RD
10 N
2E
2E
2E
3E
6E
10E
8E
AREA OF WORK
1 SP2
ENLARGED
7E
3E
5E
9E
10E
10E
10E
10E
4E
1N
2N
3N
4N
4 PARKING SPACES TO BE REMOVED
PARKING ANALYSIS
BUILDING 379
USE OF AREA OFFICE
INDUSTRIAL - WAREHOUSE/STORAGE
FLOOR AREA 2,123 SF OFFICE
+ 14,114 SF INDUSTRIAL 16,237 SF TOTAL
REQUIRED PARKING PER CODE, OFFICE 1 SPACE PER 250 SFREQUIRED PARKING PER CODE, INDUSTRIAL 1 SPACE PER 1,000 SF CALCULATED REQUIRED PARKING, OFFICE 2,123 SF x 1 SPACE = 8.5 SPACES 250 SF
9 PARKING SPACES REQUIRED BASED ON
OFFICE AREA PER CODE
CALCULATED REQUIRED PARKING, INDUSTRIAL 14,114 SF x 1 SPACE = 14.1 SPACES 1,000 SF
15 PARKING SPACES REQUIRED BASED ON
INDUSTRIAL AREA PER CODE
CALCULATED REQUIRED PARKING, TOTAL 9 SPACES OFFICE
+ 15 SPACES INDUSTRIAL 24 SPACES TOTAL REQUIRED
PROPOSED CHANGES 4 PARKING SPACES TO BE REMOVED
NO CHANGES TO ADA PARKING SPACES
PARKING SUMMARY
CURRENT PROPOSED
31 SPACES AVAILABLE7 SPACES IN EXCESSCURRENT PARKING IN COMPLIANCE
WITH PARKING STANDARDS
27 SPACES AVAILABLE
3 SPACES IN EXCESS
PROPOSED PARKING IN COMPLIANCE
WITH PARKING STANDARDS
ADDITIONAL PARKING NOTES
ALL REMAINING PARKING SPACES ARE TO BE ACCESSIBLE AT ALL TIMES.
ALL EMPLOYEE PARKING TO BE DONE WITHIN THE PROPERTY SITE ONLY.
PARKING AT OTHER PROPERTIES AND ON-STREET PARKING IS NOT ALLOWED. 5N6N
OPERATIONAL CONSIDERATIONS
SEMI-TRUCK DELIVERIES WILL BE BETWEEN THE HOURS OF 9PM AND 6AM.
OPERATIONS TEAMS WILL DISPOSE OF ALL WASTE IN A TIMELY MANNER IN AN EFFORT TO MAINTAIN CLEAN VISUALS AND MINIMIZE ANY ODORS.
TRAFFIC WILL BE PROPERLY MANAGED AND NO TRAFFIC WILL PARK ON ADJACENT PROPERTY.
Packet Page. 84
36'-3"
16'-9"
6"±
INSTALLATION OF 9,000-GAL LIN TANK
AND ENCLOSURE
Adesa International
LOCATION
SGE JOB No. 521.073.422
May 20, 2022
TEL. (949) 552-5244 FAX (949) 552-5243
S. GORDIN STRUCTURAL DESIGN2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612 & ENGINEERING SERVICES (SGE), INC.
379 E Industrial Rd, San Bernardino, CA 92408
ADESA INTERNATIONAL
DATE: November 22, 2021
REVISIONS
TOTAL SITE PLAN SHEETS - 2
DESIGNED BY
APPROVED BY
JT
VSG
THESE PLANS WERE DEVELOPED RESTRICTIVELY
FOR USE ON THE STRUCTURES AND BYPERSONS/COMPANY AS SPECIFIED IN THE TITLEBLOCK. ANY OTHER USE (INCLUDING, BUT NOTLIMITED TO, DISSEMINATION AND COPYING) OF
THESE PLANS OR ANY USE OF THE PLANS BY ANY
PARTY OR PARTIES OTHER THAN THE ONES
SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY
PROHIBITED UNLESS UNDER A WRITTENPERMISSION BY SGE.
CLIENT
PRACTICALSOLUTIONS
15233 VANADA RD,
LA MIRADA, CA 90638
ATTENTION:
REFER TO LIST OF REVISIONS ON THIS SHEET:
THE RELEASE OF THIS DRAWING WITH THE LATEST
REVISION NUMBER AND DATE SUPERSEDES AND VOIDS
ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE
SUBJECT SITE.
80" MIN TO FIN. GRADE
WALL OR POLE MOUNTED
PARKING IDENTIFICATION
SIGNS SHALL BE
REFLECTORIZED WITH AMINIMUM AREA OF 70 SQUARE
INCHES
PARKING SPACE IDENTIFICATION SIGNS SHALL
INCLUDE THE INTERNATIONAL SYMBOL OF
ACCESSIBILITY.
SYMBOL OF ACCESSIBILITY AND THEIR
BACKGROUND SHALL HAVE A NON-GLARE
FINISH, THE SYMBOL SHALL CONSIST OF A
WHITE FIGURE ON A BLUE BLACK GROUND. THE
BLUE SHALL BE COLOR NO. 15090 IN FEDERAL
STANDARD 595B.
ADDITIONAL SIGN
REQUIRED FOR VAN
ACCESSIBLE PARKING
ADDITIONAL SIGN BELOW THE
INTERNATIONAL SYMBOL OF
ACCESSIBILITY SHALL STATE
"MINIMUM FINE $250".
℄ OF
ACCESSIBLE
PARKING SIGN
NOTE: PARKING SPACE IDENTIFICATION SIGN SHALL
BE VISIBLE FROM EACH PARKING SPACE. SIGNS
SHALL BE PERMANENTLY POSTED EITHER
IMMEDIATELY ADJACENT TO THE PARKING SPACE OR
WITHIN THE PROJECTED PARKING SPACE WIDTH AT
THE HEAD END OF THE PARKING SPACE. SIGNS MAYALSO BE PERMANENTLY POSTED ON A WALL AT THE INTERIOR END OF THE PARKING SPACE.
AN ADDITIONAL SIGN SHALL BE POSTED EITHER:
1. IN A CONSPICUOUS PLACE AT EACH ENTRANCE TO AN
OFF-STREET PARKING FACILITY OR;
2. IMMEDIATELY ADJACENT TO ON-SITE ACCESSIBLE
PARKING AND VISIBLE FROM EACH PARKING SPACE
17"
MIN
22"
MIN
THE ADDITIONAL SIGN SHALL CLEARLY STATE IN
LETTERS WITH A MINIMUM HEIGHT OF 1 INCH THE
FOLLOWING:
"UNAUTHORIZED VEHICLES PARKED IN DESIGNATED
ACCESSIBLE SPACES NOT DISPLAYING
DISTINGUISHING PLACARDS OR SPECIAL LICENSE
PLATES ISSUED FOR PERSONS WITH DISABILITIES WILL
BE TOWED AWAY A THE OWNER'S EXPENSE. TOWED
VEHICLES MAY BE RECLAIMED AT: ________________
OR BY TELEPHONING: ________________."
ACCESSIBILITY
DIRECTIONAL
SYMBOL
9'-0" MIN
8'
17' PARKING NO 18'-0" @ 90° PARKING 20'-0" DIAGONAL PARKING 36"
36"
NOTE: EACH ACCESSIBLE CAR AND VAN SPACE
SHALL HAVE SURFACE IDENTIFICATION
INTERNATIONAL SYMBOL OF
ACCESSIBILITY COLORED IN
WHITE ON A BLUE
BACKGROUND. THE BLUE
SHALL BE COLORED NO. 15090
IN FEDERAL STANDARD 595B.
THE CENTERLINE OF THE INTERNATIONAL SYMBOL
OF ACCESSIBILITY SHALL BE A MAXIMUM OF 6 INCHES
FROM THE CENTERLINE OF THE PARKING SPACE, IT'S
SIDES PARALLEL TO THE LENGTH OF THE PARKING
SPACE AND ITS LOWER CORNER, AT OR LOWER SIGN
ALIGNED WITH, THE END OF THE PARKING SPACE.
(N)TOC
10'-6" REF
12" CLR FOR
VENTILATION
11'
7'
6" 6"
(E)TOG
1 ENLARGED AREA OF WORK PLAN, SCALE: 1" = 3-0"
SP2
ENLARGED
AREA OF WORK,
ELEVATIONS &
DETAILS
N
ACCESS AISLES SHALL BE MARKED WITH A BLUE
PAINTED BORDERLINE AROUND THEIR PERIMETER.
THE AREA WITHIN THE BLUE BORDERLINES SHALL
BE MARKED WITH HATCHED LINES A MAXIMUM OF
36 INCHES ON CENTER IN COLOR CONTRASTING
WITH THAT OF THE AISLE SURFACE, PREFERABLY
BLUE OR WHITE. THE WORDS "NO PARKING" SHALLBE PAINTED ON THE SURFACE WITHIN EACH
ACCESS AISLES IN WHITE LETTERS A MINIMUM OF
12 INCHES IN HEIGHT AND LOCATED TO BE VISIBLE
FROM THE ADJACENT VEHICULAR WAY. ACCESS
AISLES MARKING MARKINGS MAY EXTEND BEYOND
THE MINIMUM REQUIRED LENGTH.
ACCESS AISLES SHALL NOT OVERLAP THE
VEHICULAR WAY AND SHALL BE PERMITTED TO BE
PLACED ON EITHER SIDE OF THE PARKING SPACEEXCEPT FOR VAN PARKING SPACES WHICH SHALLHAVE ACCESS AISLES LOCATED ON THEPASSENGER SIDE OF THE PARKING SPACES.
A CURB OR WHEEL STOP SHALL BE
PROVIDED IF REQUIRED TO PREVENT
ENCROACHMENT OF VEHICLES OVER
THE REQUIRED CLEAR WIDTH OF
ADJACENT ACCESSIBLE ROUTES.
MAX SLOPE OF PARKING SURFACE SHALL
NOT EXCEED 2% IN ANY DIRECTION.
THE PARKING SPACE SHALL BE
OUTLINED OR PAINTED BLUE
ADA PARKING STANDARDS
THE PARKING STANDARDS
SHALL BE IN COMPLIANCE
WITH 2010 ADA STANDARDS
FOR ACCESSIBLE DESIGN AND
2019 CBC 11B DIVISION 5
2 (N) TANK ELEVATION, SCALE: 1" = 3'-0"
2 -
KEYNOTES
EXISTING (E), NO CHANGE
BY OTHERS, NIC
NEW (N)
REFER TO STRUCTURAL DRAWINGS
1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN
2E PARKING 2N CONCRETE PAD
3E ACCESSIBLE PARKING SPACE 3N BOLLARD
4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE
5E DRIVEWAY 5N DOOR, BY OTHERS, NIC6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC7E TRANSFORMER8E REFUSE ENCLOSURE9E 6' FENCE & GATE 10E CURB
3N
2N
3N
1N
2N
4N
(E) SUBBASE
9E
10E
10E
1N
4N
COLUMN CL
TYP
6N
5N
6N
(N) SECURITY BARS
Packet Page. 85
ATTACHMENT A2
RESOLUTION 2024-034
Packet Page. 86
RESOLUTION NO. 2024-034-PC
1 RESOLUTION NO. 2024-034-PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN BERNARDINO CALIFORNIA,
APPROVING APPEAL 24-05 THEREBY OVERTURNING
THE COMMUNITY DEVELOPMENT AND HOUSING
DEPARTMENT’S APPROVAL OF AMENDMENT TO
CONDITIONS OF APPROVAL 23-01 FOR ADMINISTRATIVE
DEVELOPMENT PERMIT 22-020, RE-INSTATING
DELETED CONDITIONS OF APPROVAL NUMBERS 20
(TWENTY) THROUGH 26 (TWENTY-SIX) FOR THE
PROPERTY LOCATED AT 379 E. INDUSTRIAL ROAD
LOCATED ON 0.83 ACRES (APN: 0141-581-03) LOCATED
WITHIN THE INDUSTRIAL LIGHT (IL) ZONE, WARD 3.
WHEREAS, on September 4, 2024, pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits-Applications) of the City of San Bernardino Development Code, an application for Appeal 24-05 was duly submitted by:
Appellant: Waterman Business Center Association
328 E. Commercial Road #107
San Bernardino, CA 92408
APN: 0141-581-03
Lot Area: 0.83 acres
WHEREAS, Appeal 24-05 is a request to appeal the Community Development and Housing Department’s approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020, in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were deleted from the original Administrative Development Permit 22- 020; for the property known as 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) located within the Industrial Light (IL) zone, Ward 3; and WHEREAS, On July 22, 2022, the original approval for Administrative Development Permit 22-020 was issued to Adesa International and involved the installation of an approximately 9,000-gallon nitrogen tank which would be utilized in conjunction with the packaging of Adesa International frozen foods; this approval included Conditions of Approval numbers 20-26; and WHEREAS, on July 20, 2023, planning staff amended and deleted Conditions of Approval 20 through 26 from the original Administrative Development Permit 22-020 with Amendment to Conditions 23-01;and
WHEREAS, On July 24, 2023, The Waterman Business Center Association sent a letter requesting an Appeal of Amendment to Conditions of Approval 23-01 specifically related to the deletion of Conditions of Approval # 20 - #26; and
Packet Page. 87
RESOLUTION NO. 2024-034-PC
2 WHEREAS, On September 4, 2024 The Waterman Business Center Association formally files Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020; and
WHEREAS, the Planning Division Staff have reviewed of Amendment to Conditions 23- 01 for Administrative Development Permit 22-020 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, on September 28, 2024, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals-Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the property owners and tenants within 1,000 feet of the subject property of the holding of a public hearing at which Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020 would be considered; and
WHEREAS, on October 8, 2024 pursuant to the requirements of Sections 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Appeal 24-05 of Amendment to Conditions 23-01 for Administrative Development Permit 22-020;
WHEREAS, at the duly noticed public hearing of the City of San Bernardino Planning Commission, staff requested a continuance to the duly noticed Planning Commission meeting of November 12, 2024 in which the request was granted; and WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Planning Commission has the authority to act on Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020.
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION:
Being the decision-making body for the project, the Planning Division reviewed and considered the information contained in the administrative record for the initial approval of Administrative Development Permit 22-020. Based upon the facts and information contained in the administrative record including all written and oral evidence presented to the Planning Division finds as follows:
1. The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines, and
2. The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines; and
Packet Page. 88
RESOLUTION NO. 2024-034-PC
3 3. The application of the categorical exemption is not barred by one of the exceptions set forth in the State CEQA Guidelines Section 15300.2; and
4. The determination of State CEQA exemption reflects the independent judgment of the Planning Division.
SECTION 2. CONDITIONS OF APPROVAL FOR ORIGINAL SUPPORT OF ADMINISTRATIVE DEVELOPMENT PERMIT 22-020:
Based upon the comprehensive review and evaluation, as required by Chapter 19.44 of the City of San Bernardino Development Code, Administrative Development Permit 22-020 was approved subject to the following Conditions of Approval:
1. This Administrative Development Permit is an approval to allow the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building. The project site is located at 379 E. Industrial Road (APN:0141-581-03), within the Industrial Light (IL) Zone.
2. Within two (2) years of the Administrative Development 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 (1) year, then the permit/approval shall become null and void. However, approval of the Administrative Development 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.
3. The site shall be developed and maintained in accordance with the approved plans stamped June 22, 2022 approved by the City, which includes a site plan, on file in the Planning Division; the conditions contained herein; and, the City’s Municipal Code regulations.
EXPIRATION DATE: June 22, 2024
4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (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.
Packet Page. 89
RESOLUTION NO. 2024-034-PC
4 6. 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.
7. 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 Administrative Development Permit, this condition shall remain in effect if the Administrative Development Permit is rescinded or revoked, whether or not at the request of applicant.
8. 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.
9. If the color or architecture of the building is proposed to be modified in the future, the revised color scheme and architecture shall be submitted to the Planning Division prior to any modification of the building exterior, for evaluation for substantial conformance to the approved plans.
10. Minor Modification to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification which exceeds ten percent (10%) of allowable measurable design/site considerations shall require the refilling of the original application.
11. The property owner(s), facility operator and property management will be responsible for regular maintenance of the 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 must be removed within 24 hours of being reported.
12. The applicant/owner shall maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition at all times and any dead or missing vegetation must be promptly replaced.
13. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall apply and receive approval for a Sign Permit from the Planning Division. Signs painted on the buildings are prohibited. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained.
14. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval printed on the plan sheets.
15. A concrete washout shall be provided for the proposed project.
16. All Conditions of Approval shall be completed prior to final inspection and sign-off.
17. All new construction shall require permits prior to commencement.
Packet Page. 90
RESOLUTION NO. 2024-034-PC
5 18. 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.
19. All new construction shall be confirmed with the San Bernardino County Fire Department.
Please contact San Bernardino County Fire Department Fire Prevention, located at 200 E. 3 rd Street, San Bernardino, CA 92410 regarding all and/or any submittal requirements regarding new construction via phone at (909) 918-2200.
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.
20. Applicant shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner.
21. 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 site outside of these hours.
22. 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.
23. 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.
24. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests
25. No utility lines will be mounted on the exterior of the building.
26. 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.
27. 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.
Public Works Conditions
a. For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall 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:
Packet Page. 91
RESOLUTION NO. 2024-034-PC
6 Street Name Dedication of Right of Way
(ft.) from centerline Curb Line(ft)
Industrial Parkway
(0141-581-03-0000)
30’ Existing
No Dedication
“Local Industrial”
Per General Plan
19’+/- Existing
None-Proposed
b. Industrial Road-TI=5.5:
i) Placement of the tank shall not be within the existing or any future rightsof-way. ii) The existing curb & gutter, sidewalk, and/or driveway fronting the site are in fair condition, if any curb & gutter panels, or sidewalk panels are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards. Install Sidewalk in missing areas of the frontage.
iii) Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer.
iv) When replacing/reconstructing curb and gutter panels, construct 8" Curb and Gutter per City Standard No. 200, type “B”.
v) If Replacing or reconstructing Sidewalk panels construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb).
vi) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering.
* A Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). * These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans.
c. City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections.
d. A temporary construction encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s rightof-way.
Packet Page. 92
RESOLUTION NO. 2024-034-PC
7 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.
e. Any pavement work affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. 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. g. The above conditions shall comply with current codes and policies at time of construction.
h. The above conditions shall comply with current codes, policies, and standards at time of construction.
i. Prior to a Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works.
28. Required Engineering Plans
a. A complete submittal for plan checking shall consist of:
▪ Street improvement plans (may include streetlight or street lighting may be separate plans).
▪ Signing and striping plan (may be on sheets included in street improvement plan
▪ On-site improvement plans and landscaping and irrigation, ▪ Lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan).
▪ CFD’s are required, the CFD Plans shall include Landscaping, Irrigation, Basins, etc. items that are included in the CFD that are not listed in the plans above, shall be on separate sheets included in the street improvement plans. ▪ 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. 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.sbcity.org. c. 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.
d. 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.
Packet Page. 93
RESOLUTION NO. 2024-034-PC
8 e. Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project. Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval.
29. Required Engineering Permits
a. On-site improvements construction permit (except buildings - see Development Services-Building Division), including landscaping.
b. Off-site improvement construction permits.
c. WQMP/Hydrology (THR) (if applicable)
d. CFD/Street Dedication Permit (if applicable)
e. Traffic Control and ROW Permits (if applicable)
30. Applicable Engineering Fees
a. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org
b. 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 fee for each set of plans will be required at time of application for plan check. c. 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.
31. Traffic Requirements
a. All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan.
32. Integrated Waste Management
a. During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b. The site plan dated November 22, 2021, identifies the installation of a 9,000-gallon liquid nitrogen tank and equipment enclosure at an existing building located at 379.
E. Industrial Road.
c. Burrtec Waste’s review of the site plan identifies a proposed nitrogen storage tank located east of the existing refuse enclosure serving the property. The enclosure is currently accessed by a looped driveway. Based on the information provided, the project tank and enclosure will not impact Burrtec’ s ability to service the existing refuse enclosure. Any changes to the overall design, enclosure specifications or location, or access may adversely impact Burrtec’ s ability to service the project.
Any design modification that could impact Burrtec’ s service will be subject to review by Burrtec.
Packet Page. 94
RESOLUTION NO. 2024-034-PC
9 Burrtec’ s review of this project is limited to determining whether it meets Burrtec’ s minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to equipment and personnel and do not pertain to the project’s compliance with applicable federal, state and local land use and environmental laws, building codes or other applicable government regulations. Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project. d. Contact the Building & Safety Division to determine ADA accessibility requirements. Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area.
e. Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508). f. Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City.
g. Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35-foot long, three-axle collection truck. The minimum inside curb radius shall be at least 28 feet. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s truck turning template may be obtained from the Public Works Department in PDF and CAD.
h. Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet.
The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet.
i. Hammerhead Turnarounds – Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the Public Works Department.
j. If gated, access shall be provided by means of a key, code, or remote. k. Assembly Bill 341 Mandatory Commercial Recycling may apply. l. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply.
Packet Page. 95
RESOLUTION NO. 2024-034-PC
10 m. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. n. Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222.
San Bernardino Consolidated Fire District
31. All conditions set forth by the County of San Bernardino Fire Department shall be followed.
End of Conditions of Approval
SECTION 4. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adopt Planning Commission Resolution No.2024-034:
a. Finding that the environmental impacts of this project were previously analyzed under the Categorical Exemption adopted on July 22, 2022 in conjunction with Administrative Development Permit 22-020; and
b. Approving Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020, re-instating Conditions of approval numbers 20 through 26, based on the finding of fact, CEQA determination, and subject to the Conditions of Approval.
SECTION 5. SEVERABILITY:
If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. CUSTODIAN OF RECORDS
The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Development/Environmental Review Committee based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), (909) 384- 5002.
Packet Page. 96
RESOLUTION NO. 2024-034-PC
11 PASSED, APPROVED, AND ADOPTED this 12th day of November 2024. _________________________________
Lisa Sherrick, Chairperson
San Bernardino Planning Commission
ATTEST:
_______________________________________
Gabriel Elliott, Planning Commission Secretary
City of San Bernardino, California
CERTIFICATION:
I, Alyssa Blancas Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution No. 2024-034 was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 12th day of November 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Alyssa Blancas, Recording Secretary
City of San Bernardino, California
Packet Page. 97
RESOLUTION NO. 2024-034-PC
12 EXHIBIT “A”
APPROVED PLANS
Packet Page. 98
96.49'
231.44'
184.30'
E INDUSTRIAL RD
30'± 24'-1"±
21' ±63'±
8.5' TYP
23'-3"±
℄
49.46'±
211.72'±
INSTALLATION OF 9,000-GAL LIN TANK
AND ENCLOSURE
Adesa International
LOCATION
SGE JOB No. 521.073.422
May 20, 2022
TEL. (949) 552-5244 FAX (949) 552-5243
S. GORDIN STRUCTURAL DESIGN2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612 & ENGINEERING SERVICES (SGE), INC.
379 E Industrial Rd, San Bernardino, CA 92408
ADESA INTERNATIONAL
DATE: November 22, 2021
REVISIONS
TOTAL SITE PLAN SHEETS - 2
DESIGNED BY
APPROVED BY
JT
VSG
THESE PLANS WERE DEVELOPED RESTRICTIVELY
FOR USE ON THE STRUCTURES AND BYPERSONS/COMPANY AS SPECIFIED IN THE TITLEBLOCK. ANY OTHER USE (INCLUDING, BUT NOTLIMITED TO, DISSEMINATION AND COPYING) OF
THESE PLANS OR ANY USE OF THE PLANS BY ANY
PARTY OR PARTIES OTHER THAN THE ONES
SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY
PROHIBITED UNLESS UNDER A WRITTENPERMISSION BY SGE.
CLIENT
PRACTICALSOLUTIONS
15233 VANADA RD,
LA MIRADA, CA 90638
ATTENTION:
REFER TO LIST OF REVISIONS ON THIS SHEET:
THE RELEASE OF THIS DRAWING WITH THE LATEST
REVISION NUMBER AND DATE SUPERSEDES AND VOIDS
ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE
SUBJECT SITE.
N VICINITY MAP DRAWING INDEX
SP1 SITE PLAN, NOTES & PROJECT INFORMATIONSP2 ENLARGED AREA OF WORK, ELEVATIONS & DETAILSS1 STRUCTURAL LAYOUT, NOTES & DETAILSS2 STRUCTURAL DETAILSS3 ENCLOSURE DETAILS
KEYNOTES
EXISTING (E), NO CHANGE
BY OTHERS, NIC
NEW (N)
REFER TO STRUCTURAL DRAWINGS
1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN
2E PARKING 2N CONCRETE PAD
3E ACCESSIBLE PARKING SPACE 3N BOLLARD
4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE
5E DRIVEWAY 5N DOOR, BY OTHERS, NIC6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC7E TRANSFORMER8E REFUSE ENCLOSURE9E 6' FENCE & GATE 10E CURB
1 -
SP1
SITE PLAN,
NOTES &
PROJECT
INFORMATION
PROJECT
SITE
20 0 20 40 1 SITE PLAN FOR REFERENCE ONLY
5E
1E
FT FT FT
CONSTRUCTION NOTES1. GENERAL CONSIDERATIONS
A. ALL WORK SHALL BE PERFORMED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF THE LOCAL, STATE, AND NATIONAL CODES, AS WELL AS WITH THE PRINCIPLES OF GOOD CONSTRUCTIONPRACTICE.
B. DURING THE CONSTRUCTION PERIOD THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE SAFETY (INCLUDING FIRE SAFETY) OF THE NEW, AS WELL AS EXISTING, STRUCTURES. THE CONTRACTOR SHALL PROVIDE ADEQUATE SHORING, BRACING, AND GUYS IN ACCORDANCE WITH ALL NATIONAL, STATE, ANDLOCAL SAFETY ORDINANCES. THAT RESPONSIBILITY SHALL APPLY CONTINUOUSLY AND SHALL NOT BELIMITED TO NORMAL WORKING HOURS. ANY DEVIATION FROM SUCH ORDINANCES MUST BE REVIEWED AND APPROVED BY SGE PRIOR TO CONSTRUCTION.
C. THE CONTRACTOR SHALL THOROUGHLY REVIEW THE PLANS AND CHECK ALL DIMENSIONS PRIOR TO COMMENCING THE WORK. ALL DISCREPANCIES SHALL BE CALLED TO THE ATTENTION OF SGE AND RESOLVED BEFORE PROCEEDING WITH THE WORK.
D. THE CONTRACTOR SHOULD NOT PROCEED WITH CONSTRUCTION IN CASE OF CONFLICT(S) BETWEEN
THE DETAILS, AND/OR BETWEEN THE DETAILS AND PLANS, AND/OR BETWEEN THE PLANS AND SCHEDULES. THE CONSTRUCTION SHALL RESUME ONLY UPON THE FULL RESOLUTION OF SUCH CONFLICT BY SGE.
E. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE RESTORATION OF WORKING CONDITION OF ALL EXISTING COMPONENTS AND STRUCTURES AFFECTED BY THIS CONSTRUCTION. THE CONTRACTOR
SHALL CONSTANTLY KEEP THE AREA OF CONSTRUCTION FROM ACCUMULATION OF WASTE MATERIALS AND DEBRIS.
F. AT THE END OF EACH DAY OF CONSTRUCTION ACTIVITY, ALL CONSTRUCTION DEBRIS AND WASTE MATERIALS SHALL BE COLLECTED AND PROPERLY DISPOSED IN TRASH OR RECYCLE BINS. AT THE END
OF WORK, THE CONTRACTOR SHALL REMOVE ALL WASTE, SURPLUS MATERIAL, TOOLS, AND EQUIPMENT.
G. THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE ENGINEER HARMLESS FROM ANY AND
ALL LIABILITY, REAL OR ALLEGED, IN CONJUNCTION WITH THIS PROJECT EXCEPT FOR LIABILITY RISING FROM THE SOLE NEGLIGENCE OF THE ENGINEER.
H. DO NOT SCALE THESE DRAWINGS. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER ASSUMED OR SCALED DIMENSIONS.
I. ALL DIMENSIONS ARE TO FACE OF FINISHED SURFACES. LAYOUT OF STRUCTURES AND FOUNDATIONS MUST BE DETERMINED BY EXAMINATION OF PLANS AND FINISH MATERIALS SELECTED AND SHALL NOTBE ASSUMED AS BEING EXPRESSED BY THE WRITTEN FINISHED SURFACE DIMENSIONS.
J. SITE DRAWINGS ARE BASED UPON THE PLANS OBTAINED FROM THE AUTHORITY HOLDING JURISDICTION (AHJ), AND/OR PROVIDED BY THE PROPERTY OWNER, AND/OR AVAILABLE AERIAL IMAGES.
UNLESS NOTED OTHERWISE, NO TOPOGRAPHIC, BOUNDARY, OR LAND TITLE SURVEY WAS PERFORMED FOR THE PROJECT.
2. STORMWATER, EROSION, AND ENVIRONMENTAL CONSIDERATIONS
ALL CONSTRUCTION WORK SHALL FULLY COMPLY WITH ALL STORMWATER, EROSION, GRADING, AND ENVIRONMENTAL REQUIREMENTS OF THE LOCAL, STATE AND FEDERAL CODES - INCLUDING (BUT NOTLIMITED TO) THE FOLLOWING:
A. ALL CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR PERSONNEL ARE TO BE MADE AWARE OF,
AND COMPLY WITH, THE AUTHORITY HOLDING JURISDICTION (AHJ) BEST MANAGEMENT PRACTICES (BMP) AND GOOD HOUSEKEEPING MEASURES FOR THE PROJECT SITE AND ANY ASSOCIATED CONSTRUCTION STAGING AREAS.
B. APPROPRIATE BMP FOR CONSTRUCTION-RELATED MATERIALS, WASTES, AND SPILLS SHALL BE
IMPLEMENTED TO MINIMIZE TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES, OR ADJOINING PROPERTY BY WIND OR RUNOFF.
C. CONSTRUCTION SITES SHALL BE MAINTAINED IN SUCH A CONDITION THAT AN ANTICIPATED STORM DOES NOT CARRY WASTES OR POLLUTANTS OFF THE SITE. DISCHARGES OF MATERIAL OTHER THAN STORMWATER ARE ALLOWED ONLY WHEN NECESSARY FOR PERFORMANCE AND COMPLETION OFCONSTRUCTION PRACTICES AND WHERE THEY DO NOT: (A) CAUSE OR CONTRIBUTE TO A VIOLATION OF ANY WATER QUALITY STANDARD; (B) CAUSE OR THREATEN TO CAUSE POLLUTION, CONTAMINATION, OR NUISANCE; AND/OR (C) CONTAIN A HAZARDOUS SUBSTANCE IN A QUANTITY REPORTABLE UNDERFEDERAL REGULATIONS CFR PARTS 117 AND 302.
D. RUNOFF FROM EQUIPMENT AND VEHICLE WASHING SHALL BE CONTAINED AT CONSTRUCTION SITES UNLESS TREATED TO REDUCE OR REMOVE SEDIMENT OR OTHER POLLUTANTS.
E. POTENTIAL POLLUTANTS INCLUDE, BUT ARE NOT LIMITED TO: SOLID OR LIQUID CHEMICAL SPILLS;
WASTES FROM PAINTS, STAINS, SEALANTS, GLUES, LIMES, PESTICIDES, HERBICIDES, WOOD PRESERVATIVES AND SOLVENTS; ASBESTOS FIBERS, PAINT FLAKES OR STUCCO FRAGMENTS; FUELS, OILS, LUBRICANTS, AND HYDRAULIC, RADIATOR OR BATTERY FLUIDS; FERTILIZERS, VEHICLE/EQUIPMENT WASH WATER AND CONCRETE WASH WATER; CONCRETE; DETERGENT OR FLOATABLE WASTES; WASTES FROM ANY ENGINE/ EQUIPMENT STEAM CLEANING OR CHEMICALDEGREASING AND SUPERCHLORINATED POTABLE WATER LINE FLUSHING.
F. DURING CONSTRUCTION, THE DISPOSAL OF SUCH MATERIALS SHALL OCCUR IN A SPECIFIED AND
CONTROLLED TEMPORARY AREA ON-SITE PHYSICALLY SEPARATED FROM STORMWATER RUNOFF, WITH ULTIMATE DISPOSAL IN ACCORDANCE WITH LOCAL, STATE AND FEDERAL REQUIREMENTS.
G. DEWATERING OF CONTAMINATED GROUND WATER OR DISCHARGING OF CONTAMINATED SOILS VIA SURFACE EROSION IS PROHIBITED. DEWATERING OF NON-CONTAMINATED GROUND WATER REQUIRES
A NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FROM THE RESPECTIVE STATE REGIONAL WATER QUALITY BOARD.
H. SEDIMENT FROM AREAS DISTURBED BY CONSTRUCTION SHALL BE RETAINED ON SITE USING STRUCTURAL CONTROLS TO THE MAXIMUM PRACTICAL EXTENT.
I. STOCKPILES OF SOIL SHALL BE PROPERLY CONTAINED TO MINIMIZE SEDIMENT TRANSPORT FROM THE SITE TO STREETS, DRAINAGE FACILITIES OR ADJACENT PROPERTIES VIA RUNOFF, VEHICLE TRACKING,OR WIND.
J. GRADED AREAS ON THE PERMITTED AREA PERIMETER MUST DRAIN AWAY FROM THE FACE OF THE SLOPES AND TOWARD DESILTING FACILITIES AT THE CONCLUSION OF EACH WORKING DAY.
K. THE PERMITTEE AND THE CONTRACTOR SHALL BE RESPONSIBLE AND SHALL TAKE THE NECESSARY PRECAUTIONS TO PREVENT PUBLIC TRESPASS ONTO AREAS WHERE IMPOUNDED WATER CREATES AHAZARDOUS CONDITION.
L. THE PERMITTEE AND THE CONTRACTOR SHALL ENSURE THAT THE EROSION CONTROL WORK IS IN ACCORDANCE WITH THE APPROVED PLANS.
3. ACCESSIBILITY CONSIDERATIONS
AN ACCESSIBLE ROUTE (PATH OF TRAVEL) FROM THE AREA OF WORK TO THE BUILDING ENTRY, TOILET
ROOMS, AND ACCESSIBLE PARKING SHALL FULLY COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE BUILDING CODE AND AJH. THESE REQUIREMENTS INCLUDE (BUT ARE NOT LIMITED TO) THE FOLLOWING:
A. PATH OF TRAVEL SHALL BE ESTABLISHED ALONG THE SHORTEST POSSIBLE ACCESSIBLE ROUTE FROM
THE ACCESSIBLE PARKING TO THE BUILDING ENTRANCE AND DESIGNATED WITH CODE-COMPLIANT SIGNAGE.
B. ANY OBSTRUCTION THAT OVERHANGS THE PATH OF TRAVEL SHALL BE A MINIMUM OF 80” ABOVE THE WALKING SURFACE AS MEASURED FROM THE BOTTOM OF THE OBSTRUCTION.
C. WALKS AND SIDEWALKS SHALL BE A MINIMUM OF 48” WIDE EXCEPT AT DOORS WHERE WIDENED LEVEL AREAS SHALL BE PROVIDED. THE WIDENED LEVEL AREAS SHALL NOT BE LESS THAN 60” SQUARE AT A DOOR OR GATE THAT SWINGS TOWARD THE WALK, AND NOT LESS THAN 48” WIDE BY 44” DEEP AT ADOOR OR GATE THAT SWINGS AWAY FROM THE WALK.
D. THE SLOPE OR WALKING SURFACES OF ACCESSIBLE ROUTES SHALL NOT EXCEED 5% ALONG THE DIRECTION OF TRAVEL AND 2% ACROSS THAT DIRECTION.
E. ABRUPT CHANGES IN LEVEL ALONG ANY ACCESSIBLE ROUTE SHALL NOT EXCEED ½” UNLESS BEVELED WITH A SLOPE OF 50% MAXIMUM. CHANGES IN LEVEL NOT EXCEEDING ¼” MAY BE VERTICAL.
F. WALKING SURFACES ON AN ACCESSIBLE ROUTE SHALL BE FREE OF GRATINGS WHENEVER POSSIBLE.
GRATINGS LOCATED IN THE SURFACE OF ANY OF THESE AREAS SHALL HAVE GRID OPENINGS MEASURING MAXIMUM ½” IN THE DIRECTION OF TRAFFIC FLOW.
G. FLOOR AND GROUND SURFACES SHALL BE STABLE, FIRM, AND SLIP RESISTANT. IF CARPET OR CARPET
TILE IS USED IN A COMMON-USE AREA OR PUBLIC-USE AREA ON A GROUND OR FLOOR SURFACE, IT SHALL HAVE FIRM BACKING OR NO BACKING. CARPET OR CARPET TILE SHALL HAVE A LEVEL LOOP,
TEXTURED LOOP, LEVEL CUT PILE, OR LEVEL CUT/UNCUT PILE TEXTURE WITH MAXIMUM PILE HEIGHT OF ½”. EXPOSED EDGES OF CARPET SHALL BE FASTENED TO FLOOR SURFACES AND HAVE TRIM ALONG THE ENTIRE LENGTH OF THE EXPOSED EDGE.
H. ALL DOOR MATS SHALL BE RECESSED AND ADEQUATELY ANCHORED TO PREVENT INTERFERENCE WITH WHEELCHAIR TRAFFIC.
I. ALL LEVEL AREAS AT EXIST DOORS SHALL HAVE MINIMUM LENGTHS OF 60” IN THE DIRECTION OF THE DOOR SWING AND 44” IN THE OPPOSITE DIRECTION - AS MEASURED AT RIGHT ANGLES TO THE PLANE OF THE DOOR IN ITS CLOSED POSITION.
J. ALL DOORS SHALL PROVIDE A MINIMUM CLEAR WIDTH OF 32” AND HEIGHT OF 80”. CLEAR OPENINGS OF
DOORWAYS WITH SWINGING DOORS SHALL BE MEASURED BETWEEN THE FACE OF THE DOOR AND THE STOP, WITH THE DOOR OPEN 90 DEGREES.
K. OPENINGS MORE THAN 24” DEEP SHALL BE MINIMUM 36” WIDE CLEAR.L. THERE SHALL BE NO PROJECTIONS INTO THE REQUIRED CLEAR OPENING WIDTH LOWER THAN 34” ABOVE THE FINISH FLOOR OR GROUND. PROJECTIONS INTO THE CLEAR OPENING WIDTH BETWEEN 34”AND 80” ABOVE THE FINISH FLOOR OR GROUND SHALL NOT EXCEED 4 INCHES.
M. HAND-ACTIVATED DOOR OPENING HARDWARE (LEVER-TYPE HARDWARE, PANIC BARS, PUSH-PULL
ACTIVATING BARS OR OTHER HARDWARE DESIGNED TO PROVIDE PASSAGE) SHALL HAVE A SHAPE THAT
IS EASY TO GRASP WITH ONE HAND AND DOES NOT REQUIRE TIGHT GRASPING, TIGHT PINCHING OR TWISTING OF THE WRIST TO OPERATE.
N. HAND-ACTIVATED DOOR OPENING HARDWARE SHALL BE OPERABLE WITH A SINGLE EFFORT NOT EXCEEDING 8.5 LBS FOR EXTERIOR DOORS, 5 LBS FOR INTERIOR DOORS, AND 15 LBS FOR FIRE DOORS.
O. ALL OPERABLE DOOR HARDWARE SHALL BE MOUNTED AT 30” MINIMUM AND 44” MAXIMUM ABOVE THE FINISHED FLOOR.
P. SURFACES OF SWINGING DOORS WITHIN THE VERTICAL DISTANCE OF 10” FROM THE FINISH FLOOR
SHALL HAVE A SMOOTH SURFACE ON THE PUSH SIDE EXTENDING THE FULL WIDTH OF THE DOOR OR GATE.
NOTE:
SITE PLAN IS FOR REFERENCE ONLYSGE STAMP ONLY PERTAINS TO THE AREA OF WORK.
PROJECT INFORMATION
NO
CHANGE
PROJECT DESCRIPTION INSTALLATION OF A 9,000-GALLON HORIZONTAL LIN TANK
CHANGE IN PARKING
ჲ NO CHANGE IN FLOOR AREA
PROJECT VALUATION TBDPROJECT ADDRESS ჲ 379 E INDUSTRIAL RD, SAN BERNARDINO, CA 92408PROJECT COORDINATES ჲ 34.0567841 °N, 117.2767049 °W ASSESSOR PARCEL NUMBER ჲ 0141-581-03
ZONING ჲ INDUSTRIAL LIGHT - IL
OCCUPANCY ჲ F-2, S-2CODES 2019 CALIFORNIA BUILDING CODE 2019 CALIFORNIA MECHANICAL CODE2019 CALIFORNIA PLUMBING CODE2019 CALIFORNIA ELECTRICAL CODE2019 CALIFORNIA GREEN BUILDING STANDARDS CODE2019 CALIFORNIA ENERGY EFFICIENCY STANDARDS2019 CALIFORNIA FIRE CODE LOT SIZE ჲ 0.83 ACRESBUILDING AREA ჲ 16,237 S.F.BUILDING CONSTRUCTION TYPE ჲ V-B AUTOMATED SPRINKLERS? ჲ YES
EXISTING USES WITHIN 100' OFPROPERTY ჲ INDUSTRIAL LIGHT - IL PAVEMENT TYPE ჲ ASPHALT
PROJECT TEAM
OWNER ALBERTO DE SANTIAGO
1440 VINEYARD AVE,
ONTARIO, CA 91761
(949) 975-9412
TENANT ADESA INTERNATIONAL
379 E INDUSTRIAL RD,SAN BERNARDINO, CA 92408
(562) 234-1322
STRUCTURAL ENGINEER SGE CONSULTING STRUCTURAL ENGINEERS 2081 BUSINESS CENTER DR. #105
IRVINE, CA 92612
(949) 552-5244
CONTRACTOR TBD
E REDLANDS BLVD
S WATERMAN AVE
E INDUSTRIAL RD
E COMMERCIAL RD
10 N
2E
2E
2E
3E
6E
10E
8E
AREA OF WORK
1 SP2
ENLARGED
7E
3E
5E
9E
10E
10E
10E
10E
4E
1N
2N
3N
4N
4 PARKING SPACES TO BE REMOVED
PARKING ANALYSIS
BUILDING 379
USE OF AREA OFFICE
INDUSTRIAL - WAREHOUSE/STORAGE
FLOOR AREA 2,123 SF OFFICE
+ 14,114 SF INDUSTRIAL 16,237 SF TOTAL
REQUIRED PARKING PER CODE, OFFICE 1 SPACE PER 250 SFREQUIRED PARKING PER CODE, INDUSTRIAL 1 SPACE PER 1,000 SF CALCULATED REQUIRED PARKING, OFFICE 2,123 SF x 1 SPACE = 8.5 SPACES 250 SF
9 PARKING SPACES REQUIRED BASED ON
OFFICE AREA PER CODE
CALCULATED REQUIRED PARKING, INDUSTRIAL 14,114 SF x 1 SPACE = 14.1 SPACES 1,000 SF
15 PARKING SPACES REQUIRED BASED ON
INDUSTRIAL AREA PER CODE
CALCULATED REQUIRED PARKING, TOTAL 9 SPACES OFFICE
+ 15 SPACES INDUSTRIAL 24 SPACES TOTAL REQUIRED
PROPOSED CHANGES 4 PARKING SPACES TO BE REMOVED
NO CHANGES TO ADA PARKING SPACES
PARKING SUMMARY
CURRENT PROPOSED
31 SPACES AVAILABLE7 SPACES IN EXCESSCURRENT PARKING IN COMPLIANCE
WITH PARKING STANDARDS
27 SPACES AVAILABLE
3 SPACES IN EXCESS
PROPOSED PARKING IN COMPLIANCE
WITH PARKING STANDARDS
ADDITIONAL PARKING NOTES
ALL REMAINING PARKING SPACES ARE TO BE ACCESSIBLE AT ALL TIMES.
ALL EMPLOYEE PARKING TO BE DONE WITHIN THE PROPERTY SITE ONLY.
PARKING AT OTHER PROPERTIES AND ON-STREET PARKING IS NOT ALLOWED. 5N6N
OPERATIONAL CONSIDERATIONS
SEMI-TRUCK DELIVERIES WILL BE BETWEEN THE HOURS OF 9PM AND 6AM.
OPERATIONS TEAMS WILL DISPOSE OF ALL WASTE IN A TIMELY MANNER IN AN EFFORT TO MAINTAIN CLEAN VISUALS AND MINIMIZE ANY ODORS.
TRAFFIC WILL BE PROPERLY MANAGED AND NO TRAFFIC WILL PARK ON ADJACENT PROPERTY.
Packet Page. 99
36'-3"
16'-9"
6"±
INSTALLATION OF 9,000-GAL LIN TANK
AND ENCLOSURE
Adesa International
LOCATION
SGE JOB No. 521.073.422
May 20, 2022
TEL. (949) 552-5244 FAX (949) 552-5243
S. GORDIN STRUCTURAL DESIGN2081 Business Ctr Dr., Ste. 105, Irvine, CA 92612 & ENGINEERING SERVICES (SGE), INC.
379 E Industrial Rd, San Bernardino, CA 92408
ADESA INTERNATIONAL
DATE: November 22, 2021
REVISIONS
TOTAL SITE PLAN SHEETS - 2
DESIGNED BY
APPROVED BY
JT
VSG
THESE PLANS WERE DEVELOPED RESTRICTIVELY
FOR USE ON THE STRUCTURES AND BYPERSONS/COMPANY AS SPECIFIED IN THE TITLEBLOCK. ANY OTHER USE (INCLUDING, BUT NOTLIMITED TO, DISSEMINATION AND COPYING) OF
THESE PLANS OR ANY USE OF THE PLANS BY ANY
PARTY OR PARTIES OTHER THAN THE ONES
SPECIFIED IN THE TITLE BLOCK, ARE STRICTLY
PROHIBITED UNLESS UNDER A WRITTENPERMISSION BY SGE.
CLIENT
PRACTICALSOLUTIONS
15233 VANADA RD,
LA MIRADA, CA 90638
ATTENTION:
REFER TO LIST OF REVISIONS ON THIS SHEET:
THE RELEASE OF THIS DRAWING WITH THE LATEST
REVISION NUMBER AND DATE SUPERSEDES AND VOIDS
ALL DOCUMENTS PREVIOUSLY ISSUED BY SGE FOR THE
SUBJECT SITE.
80" MIN TO FIN. GRADE
WALL OR POLE MOUNTED
PARKING IDENTIFICATION
SIGNS SHALL BE
REFLECTORIZED WITH AMINIMUM AREA OF 70 SQUARE
INCHES
PARKING SPACE IDENTIFICATION SIGNS SHALL
INCLUDE THE INTERNATIONAL SYMBOL OF
ACCESSIBILITY.
SYMBOL OF ACCESSIBILITY AND THEIR
BACKGROUND SHALL HAVE A NON-GLARE
FINISH, THE SYMBOL SHALL CONSIST OF A
WHITE FIGURE ON A BLUE BLACK GROUND. THE
BLUE SHALL BE COLOR NO. 15090 IN FEDERAL
STANDARD 595B.
ADDITIONAL SIGN
REQUIRED FOR VAN
ACCESSIBLE PARKING
ADDITIONAL SIGN BELOW THE
INTERNATIONAL SYMBOL OF
ACCESSIBILITY SHALL STATE
"MINIMUM FINE $250".
℄ OF
ACCESSIBLE
PARKING SIGN
NOTE: PARKING SPACE IDENTIFICATION SIGN SHALL
BE VISIBLE FROM EACH PARKING SPACE. SIGNS
SHALL BE PERMANENTLY POSTED EITHER
IMMEDIATELY ADJACENT TO THE PARKING SPACE OR
WITHIN THE PROJECTED PARKING SPACE WIDTH AT
THE HEAD END OF THE PARKING SPACE. SIGNS MAYALSO BE PERMANENTLY POSTED ON A WALL AT THE INTERIOR END OF THE PARKING SPACE.
AN ADDITIONAL SIGN SHALL BE POSTED EITHER:
1. IN A CONSPICUOUS PLACE AT EACH ENTRANCE TO AN
OFF-STREET PARKING FACILITY OR;
2. IMMEDIATELY ADJACENT TO ON-SITE ACCESSIBLE
PARKING AND VISIBLE FROM EACH PARKING SPACE
17"
MIN
22"
MIN
THE ADDITIONAL SIGN SHALL CLEARLY STATE IN
LETTERS WITH A MINIMUM HEIGHT OF 1 INCH THE
FOLLOWING:
"UNAUTHORIZED VEHICLES PARKED IN DESIGNATED
ACCESSIBLE SPACES NOT DISPLAYING
DISTINGUISHING PLACARDS OR SPECIAL LICENSE
PLATES ISSUED FOR PERSONS WITH DISABILITIES WILL
BE TOWED AWAY A THE OWNER'S EXPENSE. TOWED
VEHICLES MAY BE RECLAIMED AT: ________________
OR BY TELEPHONING: ________________."
ACCESSIBILITY
DIRECTIONAL
SYMBOL
9'-0" MIN
8'
17' PARKING NO 18'-0" @ 90° PARKING 20'-0" DIAGONAL PARKING 36"
36"
NOTE: EACH ACCESSIBLE CAR AND VAN SPACE
SHALL HAVE SURFACE IDENTIFICATION
INTERNATIONAL SYMBOL OF
ACCESSIBILITY COLORED IN
WHITE ON A BLUE
BACKGROUND. THE BLUE
SHALL BE COLORED NO. 15090
IN FEDERAL STANDARD 595B.
THE CENTERLINE OF THE INTERNATIONAL SYMBOL
OF ACCESSIBILITY SHALL BE A MAXIMUM OF 6 INCHES
FROM THE CENTERLINE OF THE PARKING SPACE, IT'S
SIDES PARALLEL TO THE LENGTH OF THE PARKING
SPACE AND ITS LOWER CORNER, AT OR LOWER SIGN
ALIGNED WITH, THE END OF THE PARKING SPACE.
(N)TOC
10'-6" REF
12" CLR FOR
VENTILATION
11'
7'
6" 6"
(E)TOG
1 ENLARGED AREA OF WORK PLAN, SCALE: 1" = 3-0"
SP2
ENLARGED
AREA OF WORK,
ELEVATIONS &
DETAILS
N
ACCESS AISLES SHALL BE MARKED WITH A BLUE
PAINTED BORDERLINE AROUND THEIR PERIMETER.
THE AREA WITHIN THE BLUE BORDERLINES SHALL
BE MARKED WITH HATCHED LINES A MAXIMUM OF
36 INCHES ON CENTER IN COLOR CONTRASTING
WITH THAT OF THE AISLE SURFACE, PREFERABLY
BLUE OR WHITE. THE WORDS "NO PARKING" SHALLBE PAINTED ON THE SURFACE WITHIN EACH
ACCESS AISLES IN WHITE LETTERS A MINIMUM OF
12 INCHES IN HEIGHT AND LOCATED TO BE VISIBLE
FROM THE ADJACENT VEHICULAR WAY. ACCESS
AISLES MARKING MARKINGS MAY EXTEND BEYOND
THE MINIMUM REQUIRED LENGTH.
ACCESS AISLES SHALL NOT OVERLAP THE
VEHICULAR WAY AND SHALL BE PERMITTED TO BE
PLACED ON EITHER SIDE OF THE PARKING SPACEEXCEPT FOR VAN PARKING SPACES WHICH SHALLHAVE ACCESS AISLES LOCATED ON THEPASSENGER SIDE OF THE PARKING SPACES.
A CURB OR WHEEL STOP SHALL BE
PROVIDED IF REQUIRED TO PREVENT
ENCROACHMENT OF VEHICLES OVER
THE REQUIRED CLEAR WIDTH OF
ADJACENT ACCESSIBLE ROUTES.
MAX SLOPE OF PARKING SURFACE SHALL
NOT EXCEED 2% IN ANY DIRECTION.
THE PARKING SPACE SHALL BE
OUTLINED OR PAINTED BLUE
ADA PARKING STANDARDS
THE PARKING STANDARDS
SHALL BE IN COMPLIANCE
WITH 2010 ADA STANDARDS
FOR ACCESSIBLE DESIGN AND
2019 CBC 11B DIVISION 5
2 (N) TANK ELEVATION, SCALE: 1" = 3'-0"
2 -
KEYNOTES
EXISTING (E), NO CHANGE
BY OTHERS, NIC
NEW (N)
REFER TO STRUCTURAL DRAWINGS
1E PROPERTY LINE 1N TANK: 9,000-GALLON LIN
2E PARKING 2N CONCRETE PAD
3E ACCESSIBLE PARKING SPACE 3N BOLLARD
4E PATH OF TRAVEL 4N CORRUGATED STEEL FENCE
5E DRIVEWAY 5N DOOR, BY OTHERS, NIC6E BUILDING 6N SLIDING GATE, BY OTHERS, NIC7E TRANSFORMER8E REFUSE ENCLOSURE9E 6' FENCE & GATE 10E CURB
3N
2N
3N
1N
2N
4N
(E) SUBBASE
9E
10E
10E
1N
4N
COLUMN CL
TYP
6N
5N
6N
(N) SECURITY BARS
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ATTACHMENT B
JUSTIFICATION LETTER
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ATTACHMENT C
LOCATION/ZONING MAP
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ATTACHMENT C – LOCATION/ZONING MAP
CITY OF SAN BERNARDINO PLANNING
DIVISION
PROJECT: AP 24-05
LOCATION MAP
HEARING DATE: November 12, 2024
HEARING DATE: 4/27/2011
NORTH
Project site
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ATTACHMENT D
AERIAL MAP
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ATTACHMENT D – AERIAL MAP
CITY OF SAN BERNARDINO PLANNING
DIVISION
PROJECT: AP 24-05
AERIAL MAP
HEARING DATE: November 12, 2024
HEARING DATE: 4/27/2011
NORTH
PROJECT SITE
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ATTACHMENT E
ORIGINAL APPROVAL OF ADMINISTRATIVE
DEVELOPMENT PERMIT 22-020
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ATTACHMENT F
APPROVAL OF AMENDMENT TO CONDITIONS OF
APPROVAL 23-01
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ATTACHMENT G
LETTER FROM WBCA ASKING FOR AN APPEAL DATED
JULY 24, 2023 WITH PHOTOS AND EXHIBITS
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EXHIBIT A
WATERMAN (WBCA) CCRS
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Recorded In Official Records, County ol San Bernardino
RECORDING REQUESTED BY: ~:c:·•!~.--,~ LA~RY WALKER
6/27/2007
8:00 AM
MD
Vf~. • "" · Auditor/Controller - Recorder
' 803 LandAmerica Commonwealth
LandAmerica Commercial Services Doc#: 2007 - 0380257 Titles: 1 Pages:
Fees 206.00
WHEN RECORDED, MAIL TO:
Taxes 0.00
Other 0.00
PAID $206.00
DZIDA, CAREY & STEINMAN (SDH)
3 Park Plaza, Suite 750
Irvine, CA 92614
(Space Above For Recorder's Use)
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND RESERV AT.ION
OF EASEMENTS FOR
WATERMAN BUSINESS CENTER
NOTICE: THIS DOCUMENT REQUIRES THAT OWNERS AND THE ASSOCIATION
RESOLVE ALL DISPUTES WITH THE DECLARANT AND ITS AFFILIATES THROUGH ARBITRATION AND NOT BY A JURY TRIAL.
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DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND RESERVATION
OF EASEMENTS FOR
WATERMAN BUSINESS CENTER
TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS; INTERPRETATION ........................................................................ 2
1.1. Definitions ................................................................................................................ 2
1.2. Priorities and Inconsistencies ................................................................................... 7 ARTICLE II OWNER AND ASSOCIATION OBLIGATIONS AND ENTITLEMENTS ........... 7
2.1. Owners' Rights of Enjoyinent ................................................................................. 7
2.2. Common Driveways ................................................................................................ 8
2.3. Party Walls ............. ; ................................................................................................. 9
2.4. Easements for Drainage ........................................................................................... 9
2.5. Waiver of Use .......................................................................................................... 9
2.6. Taxes ...................................................................................................................... 10
2. 7. Hazardous Materials .............................................................................................. 10
2.8. Pollutant Discharge ................................................................................................ 10
2.9. Signage ................................................................................................................... 10
2.10. Outside Storage ...................................................................................................... 10
2.11. Owner's Statement of Use ..................................................................................... 10 ARTICLE III ASSOCIATION ...................................................................................................... 11
3.1. Organization ........................................................................................................... 11
3.2. Membership ........................................................................................................... 11 ARTICLE IV FUNCTIONS OF ASSOCIATION; MAINTENANCE STANDARDS; APPROVAL OF SIGNAGE ................................................................................ 12
4.1. Permitted Functions ............................................................................................... 12
4.2. Powers and Duties .................................................................................................. 12
4.3. Rules and Regulations ..................................................... ; ...................................... 13
4.4. Off site Nuisances ................................................................................................... 14
4.5. Violating Owner Participation ............................................................................... 14
4.6. Board Approval of Signage ................................................................................... 14
4. 7. Maintenance By Owners ........................................................................................ 14 ARTICLE V FUNDS AND ASSESSMENTS .............................................................................. 14
5.1. Obligation .............................................................................................................. 15
5.2. Maintenance Funds ................................................................................................ 15
5.3. Association Property Damage or Neglect; Other Special Assessments ................ 15
5.4. Common Assessments ........................................................................................... 15
5.5. Commencement of Common Assessments ............................................................ 16
5.6. Advanced Assessment Upon Transfer ................................................................... 16 SDH\30447.0001\361227.7 6/7/2007 -1-
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TABLE OF CONTENTS
Page
5.7. Capital Improvement Assessments ........................................................................ 17
5.8. Exempt Property .................................................................................................... 17
5.9. Nonpayment of Assessments ................................................................................. 17
5.10. Mortgage Protection-Liens .................................................................................... 20
ARTICLE VI DESTRUCTION OR CONDEMNATION OF ASSOCIATION
PROPERTY ......................................................................................................... 20
6.1. Damage by Owners ................................................................................................ 20
6.2. Repair of Damages ................................................................................................. 21
6.3. Condemnation of Association Property ................................................................. 21
6.4. Condemnation of a Lot .......................................................................................... 21
6.5. Notice to Owners and Listed Mortgagees .............................................................. 21 ARTICLE VII DECLARANT EXEMPTION ............................................................................... 21 ARTICLE VIII INSURANCE ....................................................................................................... 22
8.1. Casualty Insurance ................................................................................................. 22
8.2. Insurance Obligations of Owners ........................................................................... 23
8.3. Waiver of Subrogation ........................................................................................... 23
8.4. Liability and Other Insurance ................................................................................ 23 ARTICLE IX MISCELLANEOUS ............................................................................................... 24
9.1. Term and Tenn.ination ........................................................................................... 24
9.2. Amendments .......................................................................................................... 24
9.3. Mortgagee Protection-General ............................................................................... 25
9.4. Notices ................................................................................................................... 26
9.5. Enforcement and Non-Waiver ............................................................................... 27
9.6. Interpretation .......................................................................................................... 28
9. 7. Reservation of Easements ...................................................................................... 28
9.8. No Public Right of Dedication ............................................................................... 29
9.9. Disclosures ............................................................................................................. 29
9.10. No Representations or Warranties ......................................................................... 29
9.11. Standard of Care, Nonliability ............................................................................... 29
9.12. Arbitration of Disputes .......................................................................................... 30 .. SDH\30447.0001\361227.7 6/7/2007 -11-
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DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND RESERVATION
OF EASEMENTS
FOR
WATERMAN BUSINESS CENTER
THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ("Declaration', is made by WATERMAN BP, LLC, a California limited liability company ("Declarant',. Except as otherwise specified herein, the capitalized words and phrases used in this Declaration shall have the meanings specified in Article I hereof.
A. Declarant is the owner of certain real property in the City of San Bernardino, County of San Bernardino, State of California, more particularly described as ("Properties'') follows:
Lots l through 12, inclusive, of Tract No. 18083, as shown on a subdivision map on file in Book 32t:/ , Pages 27 to 32-, inclusive, of Maps, in the Office of the San Bernardino County Recorder.
B. A copy of sheet 3 of 6 sheets of the approved Tract Map 18083 for the Properties is attached hereto as Exhibit "A". All of the Properties will be developed as a commercial/industrial complex with certain common objectives designed to preserve the value of and to benefit all the property within the Properties. The common development plan imposes reciprocal burdens and benefits on all of the Properties, such that each portion and the entirety of the Properties are both burdened by the provisions of this Declaration for the benefit of each other portion of the Properties, and benefited by the burdens imposed on each other portion of the Properties.
C. Declarant further declares all of the Properties shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the easements, restrictions, covenants, conditions and equitable servitudes contained in this Declaration, all of which are for the purpose of preserving and protecting the value, attractiveness and desirability of the Properties, in furtherance of a comprehensive plan for the protection, maintenance, subdivision, improvement use and sale of the Properties, or any portion thereof. The covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens and charges set forth herein shall (1) run with the Properties; (2) be binding upon all persons having any right, title or interest in the Properties, or any part thereof, their heirs, successive owners and·assigns; (3) inure to the benefit of every portion of the Properties and any interest therein; (4) inure to the benefit of and be binding upon Declarant and their successive owners and each Owner and his or her respective successors-in-interest; and (5) may be enforced by Declarant, any Owner or the Association (subject to any express limitations set forth herein).
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ARTICLE I
DEFINITIONS; INTERPRETATION
1.1. Definitions. Unless otherwise expressly provided, the following words and phrases when used in this Declaration shall have the meanings hereinafter specified.
1.1.1 Approved Plans. Approved Plans means the drawings Approved For Construction dated December 8, 2006 prepared by Ware Malcomb (Sheets AO.I - A8.6) and Plotnik & Associates (grading plan - sheets #1-15, sewer improvement plans - sheets #1-2).
1.1.2 Articles. Articles mean the Articles of Incorporation of the Association on file with the California Secretary of State, as amended from time to time. :;¥-
1.1.3 Assessment. Assessment(s) means Common Assessment(s), Capital improvement Assessment(s), Reconstruction Assessment(s) and/or Special Assessment(s), as applicable.
1.1.4 Association. Association means Waterman Business Center Association, a California nonprofit corporation (formed pursuant to the Nonprofit Mutual Benefit Corporation Law), its successors and assigns. The Association is an "Association" as defined in Section 135l(a) of the California Civil Code. The Association will be formed by Declarant prior to the first Close of Escrow for the sale of a Lot or Condominium Unit in the Properties.
1.1.5 Association Property. The Association shall have easements over the Properties for the use, maintenance, repair and replacement of the "Association Property" described in Exhibit "B" attached hereto. Common Expenses for the Association Property shall be assessed against all Owners in proportion to the percentage shares of "Project Common Expenses" allocated to the Owners on Exhibit "D," as further provided in Article V. Declarant may designate additional Association Property in a Supplemental Declaration. Concurrently herewith, Declarant is recording a Supplemental Declaration covering only Lots 1 and 2 of Tract No. 18083 ("Condo Supplemental Declaration"), which among other things, (a) designates ~dditional Association Property within Lots 1 and 2 as being reserved for the exclusive use of Owners of Condominium Units within such Lots 1 and 2, (b) provides that Common Expenses attributable to Improvements and maintenance responsibilities of the Association under the Condo Supplemental Declaration shall be allocated solely among the Owners of Condominium Units within Lots 1 and 2, and (c) establishes certain additional covenants, conditions, restrictions and easements applicable only to Lots 1 and 2.
1.1.6 Beneficiary. Beneficiary means a Mortgagee under a Mortgage or a beneficiary under a deed of trust, as the case may be, and the assignees of such Mortgagee or beneficiary.
1.1. 7 Board or Board of Directors. Board or Board of Directors means the Association Board of Directors elected in accordance with the Association Bylaws and this Declaration.
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1.1.8 Budget. Budget means a written, itemized estimate of the Association's income and Common Expenses prepared pursuant to the Bylaws.
1.1.9 Bylaws. Bylaws means the Association's Bylaws adopted by the Board of Directors, as amended from time to time. ~
1.1. l O Capital Improvement Assessment. Capital Improvement Assessment means a charge against the Owners and their Lots or Condominium Units (as applicable), representing the Association's costs to install or construct any Improvements on any portion of the Association Property.
1.1.11 City. City means the City of San Bernardino and its various departments, divisions, employees and representatives.
1.1.12 Close of Escrow. Close of Escrow means the date on which a deed or long term ground lease or other such instrument is Recorded by Declarant conveying a Lot or Condominium Unit in the Properties to a third-party purchaser, with the exception of deeds between Declarant and any successor to the rights of Declarant hereunder.
1.1.13 Common Assessment. Common Assessment means the annual or supplemental charge against each Owner and his Lot or Condominium Unit, representing a portion of the ordinary Common Expenses for maintaining, improving, repairing, replacing, managing and operating the Association Property, which charge shall be levied among all Owners and their respective Lots or Condominium Units (as applicable), as provided herein.
Common Assessments shall include all late payment penalties, interest charges, attorneys' fees or other costs incurred by the Association in its efforts to collect all assessments authorized pursuant to this Declaration.
1.1.14 Common Driveways. Common Driveways means those driveway areas within the Properties designated for common use by the Owners of two (2) Lots (which are limited to the Common Driveway Lots described in Section l. l .15 below) and described and/or depicted on Exhibit "C" attached hereto.
1.1.15 Common Driveway Lots. The following pairs of Lots of Tract No. 18083 share a common driveway and are referred to as "Common Driveway Lots:" Lots 4 and 5; Lots 6 and 7; Lots 9 and 10; and Lots 11 and 12.
1.1.16 Common Expenses. Common Expenses means, subject to Article V, the actual and estimated costs of: maintaining, managing, operating, insuring, repairing and replacing the Association Property Improvements, managing and administering the Association and performing the Association's other obligations under this Declaration, unpaid Special Assessments, Reconstruction Assessments and Capital Improvement Assessments, including those costs not paid by the Owner responsible for payment.
1.1.17 Common Fire Water System. Common Fire Water System means the portions of the project fire water system that are not Individual Building Fire Water Systems (as defined below).
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1.1.18 Condominium Unit. Condominium Unit means a separate·interest in space as defined in Section 1351(f) of the California Civil Code and shown on a recorded condominium plan covering Lots 1 and 2 of Tract No. 18083, together with an undivided tenant in common interest in the common area described on such condominium plan.
1.1.19 County. County means the Co_unty of San Bernardino, in the State of California, and its various departments, divisions, employees and representatives.
1.1.20 Declarant. Declarant means Waterman BP, LLC, a California limited liability company, and its successors, and any other Person to which it assigns its rights hereunder by an express written and Recorded assignment. Any such assignment may include only specific rights of the Declarant hereunder and may be subject to such conditions and limitations as Declarant may impose in its sole and absolute discretion. As used in this Section, "successor" means any Person who acquires Declarant or substantially all of its assets, or who merges with Declarant by sale, merger, reverse merger, consolidations, sale of stock or assets, operation of law or otherwise.
1. 1.21 Declaration. Declaration means this Declaration of Covenants, Conditions, Restrictions and Reservation of Easements, as amended from time to time.
1.1.22 Deed of Trust. Deed of Trust means a Mortgage.
1.1.23 Design Committee Rules. Design Committee Rules means the Design Committee design standards, procedures, rules and guidelines which may be adopted by the Board pursuant to this Declaration, as amended from time to time.
1.1.24 Hazardous Materials. Hazardous Materials means any toxic substance, material or waste which is or becomes (i) regulated by any local governmental authority, the State of California or the United States Government; or (ii) defined as a "hazardous waste," "extremely hazardous waste," "restricted hazardous waste," "Non-RCRA hazardous waste," "RCRA h_azardous waste" or "recyclable material" under any federal, state or local statute or regulation promulgated thereunder.
1.1.25 Improvement. Improvement means all structures, landscaping and appurtenances thereto within the Properties, including but not limited to, as applicable, buildings, fixtures, outbuildings, signs, walkways, irrigation systems, storm drainage systems, streets, driveways, slopes, sidewalks, curbs and gutters, storm drain lines, catch basins, slopes, drains and appurtenances that collect and transport runoff from private property, sewer laterals, street lights, driveway and parking signage and striping improvements, parking areas, fences, trash enclosures, screening walls, retaining walls, stairs, hedges, windbreaks, plantings, planted trees and shrubs, and entry monumentation.
1.1.26 Individual Building Fire Water Systems. Individual Building Fire Water Systems means the portion of the project fire water system that is dedicated to an individual building and is downstream of that building's Pressure Indicator Valve (PIV).
1.1.27 Local Governmental Agency. Local Governmental Agency means the City, the County and any other local or municipal governmental entity or agency including, SDH\30447.0001\361227.7 6n/2007 -4-
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without limitation, any special assessment district, maintenance district or community facilities district.
1.1.28 Lot. Lot means any lot or parcel of land shown upon any Recorded subdivision map or Recorded parcel map of any portion of the Properties (as such lot or parcel may be modified by any Recorded lot line adjustment), together with the Improvements, if any, thereon. For purposes of this Declaration references to "Lot" shall not include any Association Property and shall not include Lots 1 and 2 of Tract No. 18083.
1.1.29 Maintenance Funds. Maintenance Funds means the accounts created for Association receipts and disbursements pursuant to Article V hereof.
1.1.30 Manager. Manager means the Person, firm or agent employed as an independent contractor by the Association to perform functions of the Association, as limited by the Restrictions and the terms of the agreement between the Association and such Person.
1.1.31 Member. Member means every Person holding a Membership in the Association .. Membership means the voting and other rights and privileges of Members as provided in the Restrictions, together with the correlative duties and obligations contained therein.
1.1.32 Membership. Membership means the voting and other rights and privileges of members of the Association, as provided in the Restrictions, together with their correlative duties.
1.1.33 Mortgage. Mortgage means any mortgage or deed of trust or other conveyance of a Lot or Condominium Unit or other portion of the Properties to secure the performance of an obligation, which will be reconveyed upon the completion of such performance. The term "Deed of Trust" or "Trust Deed" is synonymous with the term "Mortgage."
1.1.34 Mortgagee/Mortgagor. Mortgagee means a Person to whom a Mortgage is made and includes the beneficiary of a Deed of Trust. Mortgagor means a Person who mortgages property to another (i.e., the maker of a Mortgage), and includes the Trustor of a Deed of Trust. The term "Trustor" is synonymous with the term "Mortgagor," and the term "Beneficiary" is synonymous with the term "Mortgagee."
1.1.35 Notice and Hearing. Notice and Hearing means written notice and a hearing before the Board, as further provided in the Bylaws.
1.1.36 Owner. Owner means a Person or Persons, including Declarant, holding a fee simple or long-term ground leasehold interest of Record to a Lot or a Condominium Unit.
The term "Owner" includes a seller under an executory contract of sale, but excludes Mortgagees. For purposes of this Declaration, a "long-term ground leasehold interest" means a leasehold interest having a term often (10) or more years.
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1.1.3 7 Owner Representative. Owner Representative means the partners, members officers, directors, employees, agents, patrons, guests, customers, invitees, contractors, lessees, sublessees and licensees of an Owner.
1.1.38 Party Wall. Party Wall means each common_ wall shared by the buildings located on the following pairs of Lots in Tract No. 18083: Lots 3 and 4; Lots 5 and 6; Lots 8 and 9; and Lots 10 and 11.
1.1.39 Person. Person means a natural individual, a corporation, partnership or any other entity with the legal right to hold title to real property.
1.1.40 Properties. Properties is defined in Preamble Paragraph A above. The Properties are classified as a "common interest development" as defined in Section 1351(c) of the California Civil Code.
1.1.41 Reconstruction Assessment. Reconstruction Assessment means a charge against each Owner and such Owner's Lot or Condominium Unit representing a portion of the Association's cost to reconstruct any Improvements on the Association Property resulting from a casualty, pursuant to the provisions of this Declaration.
1.1.42 Record, Filed, Recordation. Record, Filed or Recordation means, with respect to any document, the recordation or filing of such document in the Office of the County Recorder.
1.1.43 Restrictions. Restrictions mean this Declaration, applicable Supplemental Declarations(s), the Articles, the Bylaws, the Rules and Regulations, the Sign Criteria, and restrictions (if any) set forth in a grant deed of a Unit or Lot from Declarant to an Owner.
1.1.44 Rules and Regulations. Rules and Regulations means the rules and regulations adopted by the Board as provided in the Restrictions.
1.1.45 Sign Criteria. Sign Criteria means the Sign Criteria for the Properties adopted by Declarant, as amended by Declarant and/or the Board from time to time.
1.1.46 Special Assessment. Special Assessment means a charge against a particular Owner and such Owner's Lot or Condominium directly attributable to or reimbursable by such Owner as provided in the Restrictions or equal to the cost incurred by the Association for corrective action performed pursuant to the Restrictions, or levied by the Board as a reasonable fine or penalty for noncompliance with the Restrictions, plus interest and other charges on such Special Assessment as provided for in this Declaration.
1.1.47 Supplemental Declaration. Supplemental Declaration means any declaration of covenants, conditions and restrictions and reservation of easements or similar document supplementing this Declaration which may be Recorded by Declarant from time to time. Declarant (and the Owner of the property subject thereto if other than Declarant) may record a Supplemental Declaration which incorporates this Declaration by reference and which may supplement this Declaration with such additional covenants, conditions, restrictions and SDH\30447.0001\361227.7 6/7n007 -6-
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easements. Supplemental Declarations may modify this Declaration as it applies to the property encumbered by the Supplemental Declaration.
1.2. Priorities and Inconsistencies. If there are conflicts or inconsistencies between this Declaration and the Articles of Incorporation, the Bylaws or the other Restrictions, the terms and provisions of this Declaration shall prevail.
ARTICLE II
OWNER AND ASSOCIATION OBLIGATIONS AND ENTITLEMENTS
2.1. Owners' Rights of Enjoyment. Every Owner and its Owner Representative(s) shall have a right to use the Association Property in accordance with the Restrictions, which right shall be appurtenant to and shall pass with title to every Lot and Condominium Unit, subject to the Association's right to exercise exclusive jurisdiction over and control of the Association Property (other than dedicated to and/or maintained by a Local Governmental Authority) and the following provisions:
2.1.1 Additional/Modification of Association Property. The right of Declarant to designate additional Association Property, modify the Association Property and/or designate Association Property within Lots 1 and 2 of Tract No. 18083 as being for the exclusive use of the Owners of Condominium Units on such Lots by recordation of an amendment to this Declaration or a Supplemental Declaration.
2.1.2 Rules and Regulations. The Association's right to establish reasonable Rules and Regulations pertaining to the use of the Association Property and any facilities located thereon.
2.1.3 Association Property Transfers. The Association's rights set forth in Section 4.2.4 of this Declaration and Declarant's rights set forth in Article VII hereof.
2.1.4 Use By Declarant. The right of Declarant (and its employees, sales agents, prospective purchasers, customers and representatives) to enter upon the Association Property, for the benefit of Declarant or any other property owned by Declarant, or any combination thereof, to complete the construction of any landscaping or other Improvement to be installed thereon.
2.1.5 Reconstruction of Improvements. The Association's right (by action of the Board) to reconstruct, replace or refinish any Improvement or portion thereof upon the Association Property, in accordance the original design, finish or standard of construction of such Improvement or of the other Improvements or, if not in accordance with the original design, finish or standard of construction, only with the approval of fifty-one percent (51 %) of the Association voting power with respect to Association Property described in this Declaration.
2.1.6 Maintenance. The Association's right to maintain and repair the Association Property.
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2.1.7 Restricted Areas. The Association's right, acting through the Board, to reasonably restrict access to landscaped areas, drainage facilities, maintenance facilities and similar areas of the Association Property. The Association shall have exclusive control over all of the Association Property.
2.2. Common Driveways. (Note: This Section 2.2 applies only to Lots 4 through 7 and 9 through 12 of Tract No. 18~83.)
2.2.1 Common Driveway Easements. Declarant hereby reserves, for the benefit of each Owner of a Common Driveway Lot and their respective Owner Representatives, nonexclusive reciprocal easements appurtenant to each such Common Driveway Lot, for vehicular and pedestrian access, ingress and egress over the Common Driveway, for the maintenance, repair and replacement of Improvements within the applicable Common Driveway, and for access to and use of the trash dumpster located in the enclosure on the common boundary of each respective Common Driveway Lot.
2.2.2 Common Driveway Use and Maintenance. There shall be no parking within any Common Driveway, and no Owner of a Common Driveway Lot shall interfere with or obstruct or permit its Owner Representatives to interfere with or obstruct the reasonable use of the Common Driveway by the other Owner of such Common Driveway Lot and such other Owner's Owner Representatives. Without limiting the generality of the foregoing, no gates or fences shall be constructed on any Common Driveway. The Owners of Common Driveway Lots shall jointly maintain, repair, replace and reconstruct, or cause to be maintained, repaired, replaced and reconstructed ( collectively, "Common Driveway Maintenance''), the Common Driveway serving such Owner's Lot substantially as originally constructed and improved by Declarant. Except as provided in Section 2.2.3 below, the cost of Common Driveway Maintenance shall be shared equally by the Owners of the Lots served by the applicable Common Driveway. The Owners of Lots served by a Common Driveway shall perform such Common Driveway Maintenance as they mutually agree on or, if they cannot so agree, as may be determined to be necessary by the Board following a petition to the Board by the Owner desiring to have Common Driveway Maintenance performed. If any Owner of a Common Driveway Lot refuses to join in any Common Driveway Maintenance ( after it has been agreed to in writing by such Owner or after the Board has approved a petition for such Common Driveway Maintenance) ("Non-Repairing User''), the other Owner of the Lot served by the Common Driveway ("Repairing User'') may undertake the Common Driveway Maintenance. In such event, the Non-Repairing User shall reimburse the Repairing User for its share of the cost of the Common Driveway Maintenance within five (5) business days after the Non-Repairing Users have received a written statement from the Repairing User which describes the Common Driveway Maintenance and the cost of the Common Driveway Maintenance incurred by the Repairing User. Any amount not paid when due shall bear interest at rate equal to the lesser of ten percent (10%) per annum or the maximum nonusurious rate permitted by applicable law.
2.2.3 Repair Required Due to Negligence. Notwithstanding anything to the contrary in Section 2.2.2 above, if any Common Driveway Maintenance is required as a result of the negligent or willful misconduct of an Owner ("Negligent Owner'') or the Owner Representatives of such Owner, the Common Driveway Maintenance shall be the sole responsibility of the Negligent Owner at its sole cost and expense. The Negligent Owner shall SDH\30447.0001\361227.7 6/7/2007 -8-
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. perform any such Common Driveway Maintenance as soon as reasonably possible after the negligence or misconduct. In the event the Negligent Owner fails or refuses to perform the required Common Driveway Maintenance, upon ten (10) days' prior written notice to the Negligent Owner, the Owner of the other Common Driveway Lot served by the Common Driveway may perform the Common Driveway Repair and the Negligent Owner shall reimburse such repairing Owner or the Association, as applicable, for the cost of the Common Driveway Maintenance within five (5) business days after the Negligent Owner has received a written statement describing the Common Driveway Maintenance and the cost incurred therefor. Any amount not paid when due hereunder shall bear interest at the highest non-usurious rate permitted by law.
2.3. Party Walls. (Note: This Section applies only to Lots 3 through 6 and 8 through 11.) No Owner may undertake any modification of a Party Wall without the consent of the Owner of other Lot sharing such Party Wall and the prior approval of the Building and Safety Division of the City. All modifications to a Party Wall shall be made in compliance with all applicable building codes and all other requirements (if any) of the Building and Safety Division of the City. To the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions apply to Party Walls. The Owners of Lots sharing a Party Wall shall jointly repair and maintain such Party Wall, and the cost of reasonable repair and maintenance of a Party Wall shall be shared equally by the Owners of the Lots connected by such Party Wall; provided, however, that each Owner shall be solely responsible for maintaining the surface of any Party Wall within the interior of the building on such Owner's Lot. The Owners of Lots sharing a Party Wall shall perform such Party Wall repair and maintenance as they mutually agree on or, if they cannot so agree, as may be determined to be necessary by the Board following a petition to the Board by the Owner desiring to have Party Wall repair or maintenance performed. If a Party Wall is destroyed or damaged by fire or other casualty, any Owner whose Lot is affected thereby may restore it, and the Owner of the other Lot affected thereby shall contribute equally to the cost of restoration thereof. An Owner who by its negligent or willful act causes a Party Wall to be damaged, destroyed or to deteriorate or require repair or replacement shall bear the whole cost of furnishing the necessary repairs or replacement. The right of any Owner to contribution from any other Owner under this Section is appurtenant to the land and passes to such Owner's successors in title.
2.4. Easements for Drainage. Declarant hereby reserves to itself, and to the Association and every Owner and their respective Owner Representatives and successors, nonexclusive easements for drainage of water in accordance with the "established drainage" of the Properties. The term "established drainage" means the water drainage pattern and system shown on the Approved Plans. No Owner may alter the established drainage for the Properties unless it establishes an alternative drainage pattern that is approved in writing by the Board.
2.5. Waiver of Use. No Owner may exempt himself from personal liability for assessments duly levied by the Association, nor release his Lot or Condominium Unit or other property in the Properties from the liens and charges hereof, by waiver of the use and enjoyment of the Association Property or any facilities thereon or by abandonment of his Lot or Condominium Unit or any other property in the Properties.
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2.6. Taxes. Each Owner shall execute such instruments and take such action as may reasonably be specified by the Association to obtain separate real estate tax assessment of his Lot or Condominium Unit. If, in the Association's opinion, any taxes or assessments constitute a lien on the Association Property, or any part thereof, they may be paid by the Association and each Owner shall be obligated to pay or to reimburse the Association for, as the case may be, the taxes and assessments assessed by the County Assessor or other taxing authority against the Association Property and attributable to his own Lot or Condominium Unit and interest in the Association Property.
2.7. Hazardous Materials. All Hazardous Materials shall be properly used and disposed of within the Properties in compliance with applicable law, including any applicable Storm Water Pollution Prevention Plan and any program established by the Association with respect thereto. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil, antifreeze, solvents, paints, paint thinners, wood preservatives and other such fluids shall not be discharged into any street or any storm drain or storm water conveyance system within the Properties. Use and disposal of pesticides, fungicides, herbicides, insecticides, fertilizers and other such chemical treatments shall meet Federal, State and County requirements as prescribed in their respective containers.
2.8. Pollutant Discharge. The Properties are subject to all Federal, State and local requirements of the National Pollutant Discharge Elimination System ("NPDES'') adopted pursuant to the Federal Clean Water Act including without limitation any Water Quality Management Plan for the Properties ("Water Management Plan'') which identifies certain Best Management Practices ("BMP'') to reduce the discharge of pollutants to storm water facilities, before, during and after construction on the Properties in completed. The Association shall comply with all BMPs applicable to the Association Property and perform all maintenance imposed the Water ·Management Plan with respect to the Association Property and all other governmental requirements, as amended. The costs of such maintenance, if any, shall be treated as Common Expenses. Each Owner of a Lot, at its sole cost and expense, shall comply with all BMPs applicable to such Owner's Lot and shall perform all maintenance of such Owner's Lot and Improvements thereon required under the Water Quality Management Plan and all other applicable governmental requirements applicable to such Owner's Lot, as amended from time to time.
2.9. Signage. All signs, banners, and advertising media in the Properties which are or will be externally visible shall comply with the Sign Criteria, all City ordinances, codes and statutes and shall be subject to the approval of the Board pursuant to Section 4.6 below.
2.10. Outside Storage. Outside storage shall be permitted on any Lot provided that such outside storage (a) complies with all applicable ordinances and requirements of the City, and (b) is contained within private yard areas.
2.11. Owner's Statement of Use. Each Owner will prepare and submit to the San Bernardino City Fire Department an "Owner's Statement of Use" on the Fire Department's current standard form prior to the sale or leasing of such Owner's Lot or Condominium Unit.
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ARTICLE III
ASSOCIATION
3 .1. Organization. The Association is organized as a California corporation under the Nonprofit Mutual Benefit Corporation Law. The Association is charged with the duties and vested with the powers prescribed by law, subject to the limitations and provisions of the Articles, Bylaws, and this Declaration. Neither the Articles nor Bylaws shall, for any reason, be amended or otherwise changed so as to be inconsistent with this Declaration. If there is any ambiguity in any provision of the Articles or Bylaws, then such provision shall be construed, to the extent possible, so as to be consistent with the provisions of this Declaration.
3.2. Membership. Members of the Association are (i) Declarant, for so long as Declarant is entitled to cast a Class C vote pursuant to this Section, (ii) each Owner (including Declarant) of one (1) or more Lots or Condominium Units in the Properties. Membership in the Association is subject to the Restrictions. Except for the Class C Membership, all Memberships in the Association held by Owners are appurtenant to the Lot or Condominium Unit owned by each Owner, and ownership of a Lot or Condominium Unit is the sole qualification for Membership in the Association.
3.2.1 Classes of Membership. The Association shall have three (3) classes of voting Membership as follows:
(i) Class A. The Class A Members are all Owners of Lots, except Declarant. Each Class A Member is assigned one (1) vote for each one percent (1 %) (rounded up to the nearest one percent (1%)) of the share of Project Common Expenses allocated to each such Owner's Lot as set forth in Exhibit "D" hereto.
(ii) Class B. The Class B Members are all Owners of Condominium Units, except Declarant. Each Class B Member is assigned one ( 1) vote for each one percent (1 %) (rounded up to the nearest one percent (1 %)) of the share of Project Common Expenses allocated to each such Owner's Condominium as set forth in Exhibit "D"hereto. (iii) Class C. The Class C Member is Declarant for so long as Declarant owns any Lot or Condominium Unit in the Properties. The Class C Member is assigned three (3) votes for each vote allocated to the Class A Members and Class B Members in the aggregate regardless of how many Lots or Condominium Units Declarant owns.
The Board is comprised of three (3) directors, one elected by the Class A Members, one elected by the Class B Members, and one elected by the entire voting power of the Association. Notwithstanding anything to the contrary in the foregoing or in the Bylaws, Declarant shall have the right to appoint (a) the Class A director for so long as Declarant owns any Lot, and (b) the Class B director for so long as Declarant owns any Condominium Unit.
3.2.2 Transfer of Membership. An Owner's Association Membership shall not be assigned, transferred, pledged or alienated in any way, except upon the transfer of title to the Owner's appurtenant Lot or Condominium Unit, and then only to the purchaser or Mortgagee of such Lot or Condominium Unit. Any attempt to make a prohibited Membership transfer is SDH\30447.0001\361227.7 6/7/2007 -11-
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void and will not be reflected on the books of the Association. Notwithstanding the foregoing, a Member who has sold his Lot or Condominium Unit to a contract purchaser under an installment land sale contract may delegate his membership rights to the contract purchaser. Such delegation shall be in writing and must be delivered to the Board before such contract purchaser may exercise Membership privileges. However, the contract seller remains liable for all charges and assessments attributable to his Lot or Condominium Unit until fee title to the Lot or Condominium Unit is transferred. If the Owner of any Lot or Condominium Unit fails or refuses to transfer the Membership (registered in his name) to the purchaser of such Owner's Lot or Condominium Unit upon transfer of fee title thereto, the Board of Directors may record the transfer on the Association's books. The Association may levy a reasonable transfer fee against new Owners and their Lots or Condominium Units (which fee shall be added to the Common Assessments chargeable to such new Owners) to reimburse the Association for the administrative costs of transferring the Memberships to the new Owners on the Association's records.
3.2.3 Suspension of Membership Rights. The Board may suspend the Membership rights of any Member, including the right to vote at any meeting of the Members, for any period during which any Common Assessment, Capital Improvement Assessment or Reconstruction Assessment against such Member and the Lot or Condominium Unit owned by such Member is delinquent. Any such suspension for nonpayment of any assessment shall not constitute a waiver or discharge of the Member's obligation to pay the assessments provided for herein.
ARTICLE IV
FUNCTIONS OF ASSOCIATION; MAINTENANCE STANDARDS;
APPROVAL OF SIGN AGE
4.1. Permitted Functions. The Association is formed exclusively for those social welfare purposes and activities which are specifically and directly related to (i) equipping, maintaining, operating and utilizing the Association Property, including the Improvements thereon, (ii) collecting assessments to finance the maintenance and utilization of the Association Property, and (iii) administering and enforcing the Restrictions ( collectively, the "Permitted Functions''). Notwithstanding the foregoing, Permitted Functions do not include those activities prohibited by Section 4.4 below. The funds and resources of the Association shall be utilized solely and exclusively for the direct costs of Permitted Functions.
4.2. Powers and Duties. The Association has all of the powers of a California Nonprofit Mutual Benefit Corporation, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Restrictions. Subject to the Restrictions, the Association has the power to perform any and all lawful acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association. Subject to the foregoing provisions, the Association, acting through the Board, has:
4.2.1 Assessments. The power and duty to levy assessments on the Owners and to collect and enforce payment of such assessments in accordance with the provisions of Article V hereof.
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4.2.2 Repair and Maintenance. The power and duty to maintain, replace and repair, as applicable, in a neat and attractive condition, the Association Property. The power and duty, following a written petition from an affected Owner, to determine whether repairs specified in such Owner's petition with respect to a Common Driveway and/or a Party Wall are necessary.
4.2.3 Firewater Fees; Firewater Monitoring Services; Trash Services. The power and duty to (a) to procure and pay water utility fees associated with the Common Fire Water System, (b) to procure and pay for monitoring services associated with the Common Fire Water System, including telephone charges and monitoring system rental fees, and (c) procure and pay for trash dumpster pickup service for the Properties. If at any time the Association determines that any Owner and/or its Owner Representatives is generating a volume of trash that requires an increase in the size of a dumpster and/or an increase in the number of times per month that the dumpster is emptied, then the Association may levy a Special Assessment against such Owner and its Lot or Condominium in an amount equal to the increased costs incurred by the Association for the disproportionate use.
4.2.4 Easements and Rights-of-Way. The power but not the duty to grant and convey to any Person easements, licenses or rights-of-way in, on, over or under the Association Property and fee title to parcels or strips of land which comprise a portion of the Association Property, for purposes consistent with the terms of this Declaration.
4.2.5 Manager. The power and duty to contract with a professional Manager for the Association.
4.2.6 Insurance. The power and duty to obtain and maintain insurance for the Association and Association Property in accordance with Article VIII.
4.2.7 Legal and Accounting Services. The power but not the duty, if deemed appropriate by the Board, to retain and pay for legal (subject to Section 4.2.9 below) and accounting services necessary or proper in operating the Association Property, enforcing the Restrictions, and performing any of the other Association duties or rights.
4.2.8 Audit. The power and duty to permit any Owner, who may be accompanied by an accountant or other consultant, at said Owner's sole expense to audit or inspect the Association's books and records; provided that such audit or inspection is made during normal business hours and without unnecessary interference with the operations of the Manager or the Association.
4.2.9 Litigation. Except as otherwise provided in this Declaration, the power but not the duty to initiate, defend, settle or intervene in mediation, arbitration, judicial or administrative proceedings on behalf of the Association in matters solely pertaining to (i) the application or enforcement of the Restrictions and (ii) damage to the Association Property. Any recovery by the Association with respect to any damage to or defect in the Association Property shall be utilized solely for the purpose of paying for the costs of obtaining the recovery and for correcting such Association Property damage or defect.
4.3. Rules and Regulations. The Board may adopt such Rules and Regulations as it deems proper regarding the Owners' use, occupancy and maintenance of the Properties. To be SDH\30447.0001\361227.7 6n/2007 -13-
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. effective, a copy of the Rules and Regulations, as adopted, amended or repealed, must be posted in a conspicuous place in the Association Property or must be mailed or otherwise delivered to each Owner. When mailed, delivered or posted, the Rules and Regulations shall have the same force and effect as if they were set forth herein; provided, however, that the Rules and Regulations shall be enforceable only to the extent that they are consistent with the Restrictions.
4.4. Offsite Nuisances. The Association shall not use any assessments or expend Association funds or resources to abate any annoyance or nuisance emanating from outside the physical boundaries of Properties.
4.5. Violating Owner Participation. No Owner who is in violation of the Restrictions shall be entitled to participate and/or vote as a Board in any action to be taken by the Association to remedy, penalize or otherwise act in connection with such Owner's violation of the Restrictions.
4.6. Board Approval of Signage. Except for "Approved Signage" (defined below), no flags, banners, balloons or advertising, address and/or identification signs, materials or items (collectively "Signage") shall be maintained on any portion of the Properties that is externally visible. All Signage in the Properties on the Association Property or which can be seen from any portion of the Association Property or any area outside of the Properties shall comply with the Sign Criteria and all Signage requirements and restrictions of the City. The term "Approved Signage" means Signage which the Board has determined in writing in advance to be in conformance with the Signage Criteria. Each Owner shall maintain its Approved Signage in good working order and in a clean and safe condition. The Board shall review proposed Signage solely for conformance with the Sign Criteria. The Board is not responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building codes or City and/or other governmental requirements and restrictions.
4. 7. Maintenance By Owners. Each Owner of a Lot shall repair and maintain its Lot and the Improvements thereon (including, without limitation, landscaping and Individual Building Fire Water System) or constituting a part thereof in clean, sanitary and attractive condition and in good repair in keeping with the standards of all applicable Local Governmental Authorities (except to the extent such Improvements are part of the Association Property). In addition, each Owner shall keep the parkway landscaping area in the right of way adjacent to such Owner's Lot mowed, weeded and neatly trimmed, as applicable, and clear of all rubbish, trash and debris and perform such other maintenance, repair and replacement as is necessary to keep such parkway area in a neatly landscaped and sightly condition. If any Owner fails to maintain the landscaping on its Lot and/or the parkway landscaping adjacent such Owner's Lot as required under this Section, the City shall have the right, but not the obligation, to enter upon such Lot and/or parkway area, as applicable, to perform such landscaping and charge the Owner therefor.
ARTICLE V
FUNDS AND ASSESSMENTS
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5.1. Obligation. By acceptance of a deed or other conveyance of a Lot or Condominium Unit, whether or not it shall be so expressed in such deed or such other instrument, every Owner is deemed to covenant to pay to the Association (i) annual Common Assessments for Common Expenses, (ii) Capital Improvement Assessments, (iii) Special Assessments, and (iv) Reconstruction Assessments; such assessments to be established and collected as hereinafter provided. All assessments, together with interest, costs, and reasonable attorneys' fees for the collection thereof, shall be a charge on the land and shall be a continuing lien upon the Lot or Condominium Unit against which such assessment is made. The personal obligation of assessments shall not pass to the successors-in-title to any Owner, unless expressly assumed by them.
5.2. Maintenance Funds. The Board shall Budget, establish and maintain at least the following separate accounts (the "Maintenance Funds") into which shall be deposited all monies paid to the Association, and from which disbursements shall be made, as provided herein, in the Association's performance of its functions under the Restrictions. All amounts deposited into the Maintenance Funds must be used solely for ~he purposes authorized by the Restrictions. Disbursements from the particular Maintenance Funds shall be limited to specific purposes as follows:
5.2. l General Operating Fund. A General Operating Fund for current expenses of the Association. Disbursements from the General Operating Fund shall be made for such purposes as are necessary for the discharge of the Association's responsibilities under the Restrictions, for the common benefit of all Owners. The General Operating Fund shall exclude current expenses attributable to Improvements and maintenance responsibilities of the Association under the Condo Supplemental Declaration ("Condominium Property Expenses'").
Nothing contained herein shall preclude the establishment of additional Maintenance Funds by the Association earmarked for specified purposes authorized by the Restrictions.
5.2.2 Other Funds. Any other M:;tintenance Funds which is required pursuant to any Supplemental Declaration or which the Board of Directors may deem necessary.
5.3. Association Property Damage or Neglect; Other Special Assessments. If any maintenance, repair or replacement of the Association Property is necessitated in the sole judgment of the Board as a result of the willful or negligent act or neglect of an Owner or an Owner Representative of such Owner, such maintenance, repairs or replacements shall be performed at the expense of such Owner, after Notice and Hearing, and a Special Assessment therefore shall be levied against such Owner. The Board may also levy Special Assessments as provided in Section 9.5.6 below.
5.4. Common Assessments. Each annual Common Assessment shall constitute an aggregate of separate assessments for each of the Maintenance Funds, reflecting an itemization of the amounts assessed and attributable to prospective deposits into the General Operating Funds, and any other Maintenance Fund(s) established by the Association. The Common Expenses of the Association (exclusive of Condominium Property Expenses) shall be allocated among all of the Lots and Condominium Units and the Owners thereof based on the percentage of shares of Project Common Expenses set forth in Exhibit "D" attached hereto. Condominium SDH\30447.0001\361227.7 6/7/2007 -15-
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Property Expenses shall be allocated only among the Condominium Units within Lots 1 and 2 of Tract No. 18083 in accordance with the Condo Supplemental Declaration.
5.5. Commencement of Common Assessments.
5.5.1 Commencement Date. Common Assessments shall commence as to all Lots and Condominium Units on the date on which the first Close of Escrow for a Lot or Condominium Unit occurs. Notwithstanding anything to the contrary set forth in this Declaration, no Owner shall be responsible for the payment of any Common Assessments until the first day of the month following the completion of a building on the applicable Lot or the Close of Escrow for such Lot. Notwithstanding the foregoing, each Owner shall be responsible for any Special Assessments from and after the date on which such Owner acquires title to such Lot or Condominium Unit.
5.5.2 Payment Procedure. The Board shall fix the amount of the annual Common Assessment to be levied against each Lot and Condominium Unit at least thirty (30) days in advance of each Common Assessment period. However, unless otherwise established by the Board, the initial annual Common Assessment shall be levied in accordance with the most recent Budget. Written notice of any increase in the amount of the annual Common Assessment or any Capital Improvement or Reconstruction Assessment shall be sent by first class mail to every Owner subject thereto, not less than thirty (30) prior to the increased assessment becoming due. All installments of Common Assessments shall be collected in advance on a regular basis by the Board, at such frequency and on such due dates as the Board determines from time to time in its sole and absolute discretion. Each installment of a Common Assessment may be paid to the Association in one ( 1) check. If any payment of a Common Assessment installment is less than the amount assessed, the payment received by the Association from that Owner shall be credited in order of priority first to the General Operating Fund until that portion of the Common Assessment has been satisfied, then to the Condominium Association Property Operating Fund (if any) applicable to such Condominium Unit Owner until that portion of the Common Assessment has been satisfied, then to any other Maintenance Funds established by the Association.
5.5.3 Excess Funds. Unless otherwise approved by a majority of the voting power of the Association, any excess funds remaining in the Operating Fund, over and above the amounts used for the operation of the Properties, shall be used to reduce the following year's Common Assessment attributable to such Maintenance Funds.
5.6. Advanced Assessment Upon Transfer. Upon the transfer of any Lot or Condominium Unit, the Association will have the right to collect, in advance, up to two (2) months' Common Assessment allocable to the Lot or Condominium Unit being transferred.
Such amounts shall be due and payable at the time of transfer and shall be applied to the Common Assessment installments payable with respect to the applicable Lot or Condominium for the period after the date of the transfer. Each Owner will provide the Association with not less than thirty (30) days' prior written notice of any contemplated transfer of its Lot or Condominium Unit.
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5.7. Capital Improvement Assessments. The Board may levy, in any fiscal year, a Capital Improvement Assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a Capital Improvement upon the Association Property, including fixtures and personal property related thereto; provided that all proposed Capital Improvement Assessments shall require a majority of votes at a meeting or written ballot of the Owners at which more than fifty percent (50%) of the total voting power of the Association is represented. Notwithstanding the foregoing, the Board may levy in any fiscal year a Capital Improvement Assessment applicable to that fiscal year without the vote of the Members if such Capital Improvement Assessment is necessary for addressing a Capital Improvement necessary to address an imminent threat to property or the safety of persons within the Properties. All Capital Improvement Assessments must be levied against all Lots and Condominium Units in the same manner and in the same proportions as Common Assessments are levied, and they shall be collected in the manner and frequency determined by the Board.
5.8. Exempt Property. The following property subject to this Declaration shall be exempt from the assessments herein: those portions of the Properties dedicated in fee and accepted by a public body, agency or authority; the Association Property, if any, owned in fee by the Association.
5.9. Nonpayment of Assessments.
5.9.1 Delinquency. Assessments are delinquent if not paid within fifteen (15) days after the due date established by the Association. Assessments not paid within thirty (30) days after the due date, plus all reasonable costs of collection (including attorneys' fees) and late charges bear interest at the maximum rate permitted by law commencing thirty (30) days after the due date.until paid. The Association may also require the delinquent Owner to pay a late charge in accordance with California Civil Code Section 1366(e)(2). The Association need not accept any tender of a partial payment of an Assessment and all costs and attorneys' fees attributable thereto. Acceptance of any such tender does not waive the Association's right to demand and receive full payment.
5.9.2 Creation and Release of Lien.
(i) Priority of Lien. All sums assessed in accordance with this Declaration constitute a lien on the respective Lot or Condominium prior and superior to (i) any declaration of homestead Recorded after the Recordation of this Declaration, and (ii) all other liens, except (1) all taxes, bonds, Assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge of any first Mortgage of Record (meaning any Recorded Mortgage with first priority or seniority over other Mortgages) made in good faith and for value and Recorded before the date on which the "Notice of Delinquent Assessment" (described in this Section) against the respective Lot or Condominium was Recorded. (ii) Prerequisite to Creating Lien. Before the Association may place a lien on an Owner's Lot or Condominium to collect a past due Assessment, the Association must comply with (i) the notification requirements of California Civil Code Section 1367. l(a) and (ii) the procedural requirements of California Civil Code Section 1367.l(c).
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(iii) Notice of Delinquent Assessment. The lien becomes effective on Recordation by the Board or its authorized agent of a Notice of Delinquent Assessment ( "Notice of Delinquent Assessment', securing the payment of any Assessment or installment thereof levied by the Association against any Lot or Condominium Owner, as provided in Section 1367 of the California Civil Code. The Notice of Delinquent Assessment must identify (i) the amount of the Assessment and other authorized charges and interest, including the cost of preparing and Recording the Notice of Delinquent Assessment, (ii) the amount of collection costs incurred, including reasonable attorneys' fees, (iii) a sufficient description of the Lot or Condominium that has been assessed, (iv) the Association's name and address, (v) the name of the Owner of the Lot or Condominium that has been assessed, and (vi) if the lien is to be enforced by nonjudicial foreclosure, the name and address of the trustee authorized by the Association to enforce the lien by sale. The Notice of Delinquent Assessment must be signed by an authorized Association officer or agent and must be mailed in the manner required by Section 2924b of the California Civil Code to the Owner of record of the Lot or Condominium no later than (10) calendar days after Recordation. The lien relates only to the individual Lot or Condominium against which the Assessment was levied and not to the Properties as a whole. (iv) Exceptions. Assessments described in Section 1367(c) of the California Civil Code and Section 2792.26(c) of the California Code of Regulations may not become a lien against an Owner's Unit enforceable by sale of the Unit under Sections 2924, 2924(b) and 2924(c) of the California Civil Code.
(v) Application of Payments. Delinquent Assessments paid by an Owner shall be applied first to Assessments owed and then to interest, late charges and collection costs. If requested by an Owner, the Association shall provide the Owner with a receipt for payment of delinquent Assessments which receipt shall include the date of receipt of payment and the name of the individual receiving receipt. The Association shall provide a mailing address for overnight payment of Assessments.
(vi) Release of Lien. Within twenty-one (21) days following (a) payment of the full amount claimed in the Notice of Delinquent Assessment, or other satisfaction thereof, or (b) discovery by the Board that the lien was recorded in error, the Board shall cause to be Recorded a Notice of Satisfaction and Release of Lien ("Notice of Release', stating the satisfaction and release of the amount claimed. The Board may require the Owner to pay a reasonable charge for preparing and Recording the Notice of Release. Any purchaser or encumbrancer who has acted in good faith and extended value may rely on the Notice of Release as conclusive evidence of the full satisfaction of the sums identified as owed in the Notice of Delinquent Assessment.
5.9.3 Enforcement of Liens. Except as otherwise provided herein and in any applicable provisions of the California Civil Code, the Association may enforce the collection of amounts due under this Declaration as follows:
(i) Judicial or Non-Judicial Foreclosure. If (i) the amount of a delinquent Assessment exceeds eighteen hundred dollars ($1,800.00) ( excluding accelerated Assessments, late charges, fees and costs of collection, attorneys' fees and interest) or (ii) an Assessment is more than twelve (12) months past due, the Association may enforce collection of SDH\30447.0001\361227.7 6/7/2007 -18-
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the amount due by using judicial or nonjudicial foreclosure, provided that the Association must comply first with the requirements of Section 1367.4(c) of the California Civil Code. The foreclosure sale shall be conducted in accordance with the provisions of the California Civil Code applicable to the exercise of powers of sale in Mortgages, or in any manner permitted by law. The Association may sue to foreclose the lien if (a) at least thirty (30) days have elapsed since the date on which the Notice of Delinquent Assessment was Recorded and (b) at least ten (10) days have elapsed since a copy of the Notice of Delinquent Assessment was mailed to the Owner affected thereby. The Association may bid on the Lot or Condominium at foreclosure sale, and acquire and hold, lease, mortgage and convey the same. On completion of the foreclosure sale, the Association or the purchaser at the sale may file suit to secure occupancy of the defaulting Owner's Lot or Condominium, and the defaulting Owner shall be required to pay the reasonable rental value for the Lot or Condominium during any period of continued occupancy by the defaulting Owner or any persons claiming under the defaulting Owner.
Notwithstanding the foregoing, a nonjudicial foreclosure by the Association to collect a debt for delinquent Assessments shall be subject to a right of redemption. The redemption period shall expire ninety (90) days after the foreclosure sale.
(ii) Civil Action in Small Claims Court. If the amount of a delinquent Assessment does not exceed eighteen hundred dollars ($1,800.00) ( excluding accelerated Assessments, late charges, fees and costs of collection, attorneys' fees and interest), the Association may not enforce the collection of the amount due by judicial or nonjudicial foreclosure, but may collect such amount by a civil action in small claims court pursuant to Sections 116.110 et seq. of the California Code of Civil Procedure. The amount of a delinquent Assessment which may be recovered in small claims court may not exceed the jurisdictional limits of the court and shall be the sum of (i) the amount owed as of the date of filing of the complaint in the proceeding and (ii) in the discretion of the court, an additional amount equal to the amount owed for the period from the date the complaint is filed until satisfaction of the judgment, which total amount may include without limitation any reasonable late charges, fees and costs of collection, attorneys' fees and interest.
(iii) Other Legal Remedies. Subject to the limitations set forth in Section 1367.4 of the California Civil Code, the Association may enforce the collection of amounts due under this Declaration in any other manner provided by law. Any suit to recover a money judgment does not affirm the adequacy of money damages. Any recovery resulting from a suit at law or in equity initiated pursuant to this Section may include reasonable attorneys' fees as fixed by the court.
5.9.4 Priority of Assessment Lien. Mortgages Recorded before a Notice of Delinquent Assessment have lien priority over the Notice of Delinquent Assessment. Sale or transfer of any Lot or Condominium does not affect the Assessment lien, except that the sale or transfer of any Lot or Condominium pursuant to judicial or nonjudicial foreclosure of a first Mortgage extinguishes the lien of such Assessments as to payments which became due before such sale or transfer. No sale or transfer relieves such Lot or Condominium from liens for any Assessments thereafter becoming due. No Person who obtains title to a Lot or Condominium pursuant to a judicial or nonjudicial foreclosure of the first Mortgage is liable for the Assessments chargeable to such Lot or Condominium which became due before the acquisition SDH\30447.0001\361227.7 6/7/2007 -19-
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of title to the Lot or Condominium by such Person. Such Assessments are a Common Expense collectible from all Owners including such Person.
5.9.5 Receivers. In addition to the foreclosure and other remedies granted the Association in this Declaration, each Owner, by acceptance of a deed to such Owner's Lot or Condominium, conveys to the Association all of such Owner's right, title and interest in all rents, issues and profits derived from and appurtenant to such Lot or Condominium, subject to the right of the Association to collect and apply such rents, issues and profits to any delinquent Assessments owed by such Owner, reserving to the Owner the right, before any default by the Owner in the payment of Assessments, to collect and retain such rents, issues and profits as they may become due and payable. On any such default the Association may, on the expiration of thirty (30) days following delivery to the Owner of the "Notice of Delinquent Assessment" described in this Declaration, either in person, by agent or by receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness secured by the lien described in this Declaration, (a) enter in or on and take possession of the Lot or Condominium or any part thereof, (b) in the Associat~on's name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and (c) apply the same, less allowable expenses of operation, to any delinquencies of the Owner, and in such order as the Association may determine. The entering upon and taking possession of the Lot or Condominium, the collection of rents, issues and profits and the application thereof, shall not cure or waive any default or notice of default under this Declaration or invalidate any act done pursuant to such notice.
5.10. Mortgage Protection-Liens. Subject to Section 5.9.2(i) above, no lien created under this Article V, nor any breach of this Declaration, nor the enforcement of any provision hereof shall defeat or render invalid the rights of the Beneficiary under any Recorded Deed of Trust upon a Lot or Condominium Unit, made in good faith and for value. After a Beneficiary or other Person obtains title to a Lot or Condominium Unit by judicial foreclosure or by means of the powers set forth in such Deed of Trust, the Lot or Condominium Unit shall remain subject to the Restrictions and the payment of all installments of assessments and other obligations, accruing after the date the Beneficiary or other Person obtains title.
ARTICLE VI
DESTRUCTION OR CONDEMNATION
OF ASSOCIATION PROPERTY
Damage to, destruction or condemnation of all or any portion of the Association Property shall be handled in the following manner:
6.1. Damage by Owners. To the extent permitted by law, each Owner is liable to the Association for any damage to the Association Property not fully reimbursed to the Association by insurance (including any insurance policy deductible amounts) if the damage is sustained because of the negligence, neglect, willful misconduct or unauthorized or improper installation or maintenance of any Improvement by the Owner, and its Owner Representatives or any other Persons deriving their right and easement of use and enjoyment of the Association Property from the Owner, or Owner Representative. However, the Association, acting through the Board, may determine whether any claim will be made upon the insurance maintained by the Association, and after Notice and Hearing the Association may levy a Special Assessment equal to the SDH\30447.0001\361227.7 6/7/2007 -20-
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increase, if any, in insurance premiums directly attributable to the damage caused by the Owner or the Person for whom the Owner may be liable as described above. In the case of joint ownership of a Lot or Condominium Unit, the liability of the Owners is joint and several, except to the extent that the Association has previously contracted in writing with the joint Owners to the contrary. After Notice and Hearing, the cost of correcting the damage, to the extent not reimbursed to the Association by insurance, shall be a Special Assessment.
6.2. Repair of Damages. If Association Property Improvements are damaged by fire or other casualty, any insurance proceeds payable by reason thereof shall be paid to the Association, which thereupon shall contract for the repair or replacement of all the Association Property Improvements so damaged. The Association shall levy a Reconstruction Assessment on Owners to satisfy any deficiency between insurance proceeds and the actual cost of repair or replacement in the same manner and proportion that Common Assessments are levied against and collected from Owners.
6.3. Condemnation of Association Property. If all or any portion of the Association Property, or any interest therein, is taken by right of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the Association and deposited in the applicable Maintenance Fund.
6.4. Condemnation of a Lot. If there is a taking of a Lot, the award in condemnation shall be paid to the Owner of the Lot; however, such award shall first be applied to the balance then due on any Mortgages encumbering such Owner's Lot, in order of priority.
6.5. Notice to Owners and Listed Mortgagees. The Board of Directors immediately upon learning of any taking by eminent domain of any Association Property, or any threat thereof, shall promptly notify all Owners whose Lots or Condominium Units are subject to Common Assessments for the maintenance of such Association Property, and all Record holders of first Mortgages on such Owners' Lots or Condominium Units. The Board, immediately upon learning of any damage or destruction affecting a material portion of the Association Property, shall promptly notify all Owners whose Lots or Condominium Units are subject to Common Assessments for the maintenance of such Association Property, and all holders of first Mortgages on Lots or Condominium Units who have filed a written request for such notice.
ARTICLE VII
DECLARANT EXEMPTION
Each Owner of a Lot or Condominium Unit which is part of the Properties acknowledges by acceptance of a deed or other conveyance therefore, whether or not it shall be so expressed in any such deed or other instrument, that Declarant has a substantial interest in assuring compliance with and enforcement of, the covenants, conditions, restrictions and reservations contained in this Declaration and any amendments thereto. Notwithstanding any other provisions of the Restrictions, until Declarant no longer owns a Lot or Condominium Unit in the Properties, neither the Association nor any of its Members shall do anything to interfere with Declarant's development activities for the Properties (including without limitation those described below), and nothing in this Declaration shall be understood or construed to: (a) prevent Declarant or its contractors or subcontractors, from doing on any Lot or Condominium SDH\30447.0001\361227.7 6/7/2007 -21-
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Unit owned or controlled by Declarant whatever Declarant determines to be necessary or advisable in connection with the completion of such work, including without limitation the alteration of construction plans and designs as Declarant deems advisable in the course of development; or (b) prevent Declarant or its representatives, from erecting, constructing and maintaining on any portion of the Properties owned or controlled by Declarant, or its contractors or subcontractors, such structures as may be reasonably necessary for the conduct of its business of completing such work and disposing of the Lots and Condominium Units by sale, resale, lease or otherwise; or (c) prevent Declarant or its contractors or subcontractors, from conducting on any Lot owned or controlled by Declarant, its business of developing, altering, subdividing, grading and constructing Improvements to and on any portion of the Properties and of disposing thereof by sale, resale, lease or otherwise; or (d) prevent Declarant or its contractors or subcontractors, from maintaining such sign or signs on any portion of the Properties owned or controlled by Declarant as may be necessary in connection with the sale, resale, lease or other marketing of Lots and Condominium Units in the Properties; or (e) prevent Declarant, at any time prior to acquisition of title to a Lot or Condominium Unit by a purchaser from Declarant, to establish on that Lot or Condominium Unit additional licenses, reservations and rights-of-w~y to itself, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Properties.
Without limiting the generality of the foregoing, no approval or consent of the Association or its Members shall be required for any change by Declarant of the Improvements on the Association Property or the Association Property, including without limitation any relocation or modification of driveways or walkways thereon. Prospective purchasers and Declarant may use any and all portions of the Association Property for access to the sales and leasing facilities of Declarant. All or any portion of the rights of Declarant, hereunder and elsewhere in these Restrictions may be assigned by Declarant, to any successor in interest to any portion of Declarant's interest in any portion of the Properties by an express Recorded written assignment which specifies the rights of Declarant so assigned.
ARTICLE VIII
INSURANCE
8.1. Casualty Insurance. The Board shall obtain and maintain fire and casualty insurance with extended coverage for loss or damage to all insurable Improvements which are a part of, or are located on, the Association- Property for the full replacement cost thereof without deduction for depreciation or coinsurance, and may obtain insurance against such other hazards and casualties as the Association may deem desirable. The Association may also insure any other real or personal property it owns against loss or damage by fire and such other hazards as the Association may deem desirable, with the Association as 'the owner and beneficiary of such insurance. The policies insuring the Association Property must be written in the name of, and the proceeds thereof must be payable to the Association. Unless the applicable insurance policy provides for a different procedure for the filing of claims, all claims made under such policy must be sent to the insurance carrier or agent, as applicable, by certified mail and be clearly identified as a claim. The Association shall keep a record of all claims made. The Association shall use insurance proceeds to repair or replace the property for which the insurance was carried.
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8.2. Insurance Obligations of Owners. Each Owner of a Lot shall obtain adequate casualty insurance and fire insurance in an amount as near as possible to the replacement cost, without deduction for depreciation or coinsurance, of all of the Improvements owned by such Owner. Each Lot and Condominium Unit Owner shall maintain fire and extended coverage insurance on the personal property and fixtures and other Improvements located within such Lot or Condominium Unit. Each Owner shall carry public liability insurance to cover its individual liability for damage to persons or property occurring upon its Lot or within its Condominium Unit, as applicable, or elsewhere upon the Properties, in any manner arising out of the use of such Owner's Lot or Condominium Unit. Such insurance shall be obtained and maintained with commercially reasonable limits and deductibles. If any loss intended to be covered by insurance carried by the Association shall occur and the proceeds payable thereunder shall be reduced by reason of insurance carried by any Owner, such Owner shall assign the proceeds of such insurance carried by him to the Association, to the extent of such reduction, for application by the Board to the same purposes as the reduced proceeds are to be applied.
8.3. Waiver of Subrogation. All policies of physical damage insurance the Association maintains must provide, if reasonably possible, for waiver of: (i) any defense based on coinsurance; (ii) any right of setoff, counterclaim, apportionment, proration or contribution due to other insurance not carried by the Association; (iii) any invalidity, other adverse effect or defense due to any breach of warranty or condition caused by the Association, any Owner or any tenant of any Owner, or arising from any act or omission of any named insured or the respective agents, contractors and employees of any insured; (iv) any rights of the insurer to repair, rebuild or replace, and, if any Improvement is not repaired, rebuilt or replaced following loss, any right to pay under the insurance an amount less than the replacement value of the Improvements insured; (v) notice of the assignment of any Owner of its interest in the insurance by virtue of a conveyance of any Lot or Condominium Unit; (vi) any denial of an Owner's claim because of negligent acts by the Association or other Owners; or (vii) prejudice of the insurance by any acts or omissions of Owners that are not under the Association's control. As to each policy of insurance the Association maintains which will not be voided or impaired thereby, the Association hereby waives and releases all claims against the Board, the Owners, the Association Manager and Declarant, and the agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence or breach of any agreement by such Persons, but only to the extent that insurance proceeds are received in compensation for such loss.
8.4. Liability and Other Insurance. The Association shall obtain comprehensive public liability insurance, including medical payments and malicious mischief, in such limits as it deems desirable with such minimum limits as are set forth in Section 1365.9 of the California Civil Code, insuring against liability for bodily injury, death and property damage arising from the Association's activities or with respect to property the Association maintains or is required to maintain including, if obtainable, a cross-liability endorsement insuring each insured against liability to each other insured. The Association may also obtain Worker's Compensation insurance and other liability insurance as it may deem desirable. The Board shall review all· insurance policies at least annually and adjust the limits in its discretion. The Board may also obtain such errors and omissions insurance, indemnity bonds, fidelity insurance and other insurance as it deems advisable, insuring the Board, the Association's officers and the Association Manager against any liability for any act or omission in carrying out their SDH\30447.0001\361227.7 6/7/2007 -23-
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obligations hereunder, or resulting from their membership on the Board or on any committee thereof. However, fidelity insurance coverage which names the Association as an obligee must be obtained by or on behalf of the Association for any Person handling Association funds, including, but not limited to, Association officers, directors, employees and agents and Association Manager employees, whether or not such Persons are compensated for their services, in an amount not less than the estimated maximum of funds, in the Association's or Association Manager's custody during the term of such fidelity insurance. The aggregate amount of such bonds may not be less than one-fourth (1/4) of the Common Assessments on all Lots and Condominium Units in the Properties.
ARTICLE IX
MrscELLANEOUS
9.1. Term and Termination. This Declaration continues in full force until an instrument terminating this Declaration satisfying the requirements of an amendment to this Declaration as set forth in Section 9.2 of this Article is Recorded. 9 .2. Amendments.
9.2.1 By Declarant. So long as Declarant owns all or any portion of the Properties, this Declaration may be amended by Recording a written instrument signed by Declarant setting forth such amendment. Such amendment by Declarant shall not require the . approval of the other Owners.
9.2.2 By Owners. The provisions of this Declaration may be amended by Recording an instrument, signed and acknowledged by Declarant (for so long as Declarant owns a Lot or Condominium Unit in the Properties) and two (2) officers of the Association, setting forth the amendment and certifying that such amendment has been approved by Owners representing more than fifty percent (50°/o) of the voting power of the Association and the requisite percentage of holders and insurers of first Mortgages, in the case of those amendments which this Declaration requires to be approved by first Mortgagees. Amendments shall be effective upon Recordation. So long as Declarant owns a Lot or Condominium Unit in the Properties there shall be no amendment to the Restrictions without Declarant's written approval.
9.2.3 Approval of First Mortgagees. Notwithstanding the foregoing, any of the following amendments, to be effective, must be approved by more than fifty percent (50%) of first Mortgagees who have requested the Association to notify them of proposed action requiring the consent of a specified percentage of first Mortgagees, based upon the Class A and/or Class B votes allocated to a Lot or Condominium Unit, as applicable, pledged as security for the respective first Mortgage:
• (i) Rights of Lenders. Any amendment which affects or purports to affect the validity or priority of encumbrances or the rights or protections granted to .
Beneficiaries _of first Mortgages.
(ii) Lien Priority. Any amendment which would necessitate a Mortgagee after it has acquired a Lot or Condominium Unit through foreclosure to pay more SDH\30447.0001\361227.7 6/7/2007 -24-
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than its proportionate share of any unpaid assessment or assessments accruing after such foreclosure.
(iii) Forfeitures and Taxes. Any amendment which would or could result in (a) an encumbrance being cancelled by forfeiture, or (b) an individual Lot or Condominium Unit not being separately assessed for tax purposes. (iv) Insurance and Condemnation. Any amendment relating to the insurance provisions of Article VIII, to the application of insurance proceeds or the disposition of any money received in any taking under condemnation proceedings. (v) Termination and Subdivision. Any amendment which would or could result in termination or abandonment of the Properties or partition or subdivision of a Lot in any manner inconsistent with the provisions of this Declaration; provided that termination of the legal status of the Properties as a common interest development for reasons other than substantial destruction or condemnation of the Properties must be approved by the institutional Record holders of more than fifty percent ( 50%) of the first Mortgages at the time of such amendment.
Any approval by a holder of a first Mortgage required under this Section 9.2.3, or required pursuant to any other provisions of the Restrictions, must either be given in writing, or is deemed given if, within thirty (30) days after receipt of written notice of the proposed action sent via registered or certified mail, return receipt requested, the holder does not submit a written response to the notice.
9.2.4 Certification. A certificate, signed and sworn to by two (2) officers of the Association that Members representing more than fifty percent (50%) of the voting power of the Association have voted for any amendment adopted as provided in 9.2.2 above, w~en Recorded, shall be conclusive evidence of that fact. The certificate reflecting any termination or amendment which requires the consent of any of the record holders of first Mortgages shall include a certification that the requisite approval of such holders of first Mortgages has been obtained or waived. The certificate reflecting any termination or amendment requiring Declarant's consent shall be signed and acknowledged by Declarant. The Association shall maintain in its files the record of all such votes and Mortgagee consent solicitations and disapprovals for a period of at least four (4) years.
9.3. Mortgagee Protection-General. Notwithstanding any other provision of this Declaration, no amendment or violation of this Declaration will defeat or render invalid the rights of the BenefiGiary under any Deed of Trust made in good faith and for value, and Recorded prior to the Recordation of such amendment ( or a Notice of Delinquent Assessment Recorded pursuant to Section 5.9). After the foreclosure of any such Deed of Trust such Lot or Condominium Unit remains subject to this Declaration, as amended. Notwithstanding any and all provisions of this Declaration to the contrary, in order to induce Lenders to participate in the financing of Lots and Condominium Units within the Properties, the following provisions are added hereto:
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9.3.1 Notice of Default. Each Beneficiary of a first Mortgage encumbering any Lot or Condominium Unit upon filing a written request for notification with the Board, is entitled to written notification from the Association of (i) any condemnation or casualty loss which affects either a material portion of the Properties or the Lot or Condominium Unit securing the respective first Mortgage; (ii) any delinquency of sixty (60) days or more in the performance by the Owner of such Lot or Condominium Unit of any obligation arising pursuant to this Declaration, including without limitation the payment of assessments or charges owed by the Owner of the Lot or Condominium Unit securing the respective first Mortgage, which notice each Owner hereby consents to and authorizes; (iii) a lapse, cancellation, or material modification of any policy of insurance or fidelity bond maintained by the Association; and (iv) any proposed action of the Association which requires consent by a specified percentage of first Mortgagees.
9.3.2 Lien Priority. Each first Mortgagee of a Mortgage encumbering any Lot or Condominium Unit and Recorded prior to a Notice of Delinquent Assessment pursuant to Section 5.9 which obtains title to such Lot or Condominium Unit pursuant to judicial foreclosure or the powers provided in such Mortgage takes title to such Lot or Condominium Unit free and clear of any claims for unpaid assessments or charges against such Lot or Condominium Unit which accrued prior to the time such Mortgagee acquires title to such Lot or Condominium Unit.
9.3.3 Books and Records. All Beneficiaries of first Mortgages on Lots or Condominium Units, upon written request to the Association, may examine current copies of the Association's books, records and financial statements and the Restrictions during normal business hours, and may require the Association to submit an annual financial statement for the preceding fiscal year without expense to the entity requesting the statement within one hundred twenty ( 120) days of the end of the fiscal year.
9.3.4 Mortgagee Notices. All Beneficiaries of first Mortgages who have filed a written request with the Association shall be given (i) written notice prior to the effective date of any proposed, material amendment to this Declaration or the Articles or Bylaws; (ii) written notice of all meetings of the Members and the right to designate in writing a representative who shall be authorized to attend all such meetings; and (iii) immediate written notice as soon as the Board receives notice or otherwise learns of any damage to the Association Property whenever the cost of reconstruction exceeds One Hundred Thousand Dollars ($100,000), and as soon as the Board receives notice or otherwise learns of any condemnation or eminent domain proceedings or other proposed acquisition, with respect to any portion of the Properties.
9.3.5 Association Property Taxes. First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Association Property and may pay any overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such property, and first Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association.
9.4. Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered two (2) business days after a copy of the same has been SDH\30447.0001\361227.7 6/7/2007 -26-
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deposited in the United States mail, postage prepaid, addressed to any Person at the address given by such Person to the Association for the purpose of service of such notice of such Person if no address has been given to the Association. Such address may be ch_anged from time to time by notice in writing to the Association.
9.5. Enforcement and Non-Waiver.
9.5.1 Right of Enforcement. Subject to Sections 1354 and 1375 of the California Civil Code and Sections 9.5.7, 9.5 .. 8 and 9.12 below, the Association, the successorsin-interest of the Association, any Owner and Declarant (so long as Declarant owns a Lot or Condominium Unit in the Properties), may enforce any of the provisions of the Restrictions against any portion of the Properties which is in noncompliance, and against each Owner, the Association, or any other Person responsible for the noncompliance. Such right shall include proceedings for damages, as well as proceedings to enjoin any violation of the Restrictions. The City shall also have the right, but not the obligation, to enforce any provisions of this Declaration.
9.5.2 Violations are Nuisance. Every act or omission whereby any provision of the Restrictions is violated in whole or in part is declared a nuisance and every remedy allowed by law or equity against a nuisance, either public or private, is applicable against every such violation and may be exercised as provided in Section 9.5.1 above.
9.5.3 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any of the Properties is a violation of the Restrictions and subject to all of the enforcement procedures set forth in the Restrictions.
9.5.4 Remedies Cumulative. Each remedy provided by the Restrictions is cumulative and not exclusive. The Association may, without waiving the right to enforce its lien against the Lot or Condominium Unit, bring a suit at law to enforce each assessment obligation.
9.5.5 No Waiver. Failure to enforce any provision of the Restrictions does not waive the right to enforce that provision, or any other provision thereof.
9.5.6 Special Assessment. If any Owner violates the Restrictions, the Board may, after Notice and Hearing and in addition to the other remedies available, impose a reasonable Special Assessment upon such Owner for each violation and may as further provided in the Bylaws. The Board may also adopt a schedule of reasonable fines or penalties which, in its reasonable discretion, it may assess against an Owner for failure of the Owner or such Owner Representatives, to comply with any provision of the Restrictions, other than Article V hereof.
Such fines or penalties may only be assessed by the Board after Notice and Hearing.
9.5.7 Notice of Noncompliance. After notice and hearing, the Board may direct the officers of the Association to Record a notice of noncompliance against a Lot or Condominium Unit owned by any Member of the Association who has violated any provision of this Declaration. The notice shall include a legal description of the Lot or Condominium Unit and shall specify the provision of this Declaration that was violated, the violation committed, and the steps required to remedy the noncompliance. Once the noncompliance is remedied or the SDH\30447.0001\361227.7 6/7/2007 -27-
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noncomplying Owner has taken such other steps as reasonably required by the Board, the Board shall direct the officers of the Association to Record a notice that the noncompliance has been remedied.
9.5.8 Limitation on Expenditures. The Association may not incur litigation expenses, including without limitation attorneys' fees, or borrow money to fund litigation, where the Association initiates legal proceedings or is joined as a plaintiff in legal proceedings, unless the Association first obtains the approval of more than fifty percent (50%) of the voting power of the Association ( excluding the voting power of any Owner who would be a defendant in such proceedings), and, if applicable, complies with the requirements of Section 1354 of the California Civil Code. Such approval is not necessary if the legal proceedings are initiated (i) to enforce the design control provisions contained in Article IV, (ii) to collect any unpaid assessments levied pursuant to this Declaration, or (iii) as a cross-complaint in litigation to which the Association is already a party. If the Association decides to borrow funds to pay for any litigation or pay for litigation from funds other than operating funds, such notice shall provide an explanation of why the litigation is being initiated or defended, why operating funds cannot be used, how and when the loan or other funds will be repaid, and a proposed budget for the litigation. The notice must state that the Members have a right to review an accounting for the litigation which will be available at the Association's office. The accounting shall be updated monthly.
9.6. Interpretation.
9.6.1 Restrictions Construed Together. The Restrictions shall be liberally construed to effectuate the fundamental concepts of the Properties as set forth in the Preamble to this Declaration. The Restrictions shall be interpreted so as to be consistent with applicable laws and regulations, including ordinances and regulations of the City, the County and other applicable governmental entities. The Restrictions shall be construed and governed by the laws of the State of California.
9.6.2 Restrictions Severable. Notwithstanding the provisions of Section 9.6.1, each of the provisions of the Restrictions is independent and severable, and the invalidity or partial invalidity of any provision or portion thereof shall not affect the validity or enforceability of any other provision.
9.6.3 Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural and the plural the singular; and the masculine, feminine or neuter shall each include the masculine, feminine and neuter.
9.6.4 Captions. All captions and titles in this Declaration are solely for convenience of reference and do not affect that which is set forth in any of the provisions hereof.
9.6.5 Time Periods. Except as otherwise expressly provided herein, any reference in this Declaration to time for performance of obligations or to elapsed time means consecutive calendar days, months, or years, as applicable.
9. 7. Reservation of Easements. Declarant hereby reserves to itself together with the right to transfer same easements of access, ingress and egress over the Properties for installation SDH\30447.0001\361227.7 6/7/2007 -28-
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and maintenance of utilities and drainage facilities shown on a Subdivision Map or Maps for the Properties and for construction, installation, operation, replacement, repair and maintenance of all utility and service lines, systems and other devices and other Improvements which may be reasonably necessary for the development and marketing of Lots and Condominium Units within the Properties, including, but not limited to, water, sewer, gas, telephone, electrical, television and storm drain and water lines (collectively the "Facilities"). Within the location of the Facilities' easements and rights of way, no Improvement shall be planted or placed which may interfere with the use, maintenance or operation of the Facilities or which may be in violation of any ordinance or law of any applicable governmental authority.
9.8. No Public Right of Dedication. Nothing in this Declaration is a gift or dedication of all or any part of the Properties to the public, or for any public use:
9.9. Disclosures. Every person who owns, occupies or acquires any right, title, estate or interest in or to any Lot or Condominium Unit or other portion of the Properties agrees to every limitation, restriction, easement, reservation, condition and covenant contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the Properties.
9.10. No Representations or Warranties. No representations or warranties of any kind, express or implied, have been given or made by Declarant or its agents or employees in connection with the Properties or any portion of the Properties, or any Improvement thereon, its physical conditions, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof, except as specifically and expressly set forth in this Declaration.
9.11. Standard of Care, NonliabiHty.
9.11.1 Scope of Powers and Standard of Care.
(i) General Scope of Powers. Rights and powers conferred on the Board or other committees or representatives of the Association by the Restrictions are not duties, obligations or disabilities charged upon those Persons unless the rights and powers are explicitly identified as including duties, obligations or disabilities in the Restrictions or in applicable law. Unless a duty to act is imposed on the Board, or other committees or representatives of the Association by the Restrictions or applicable law, the Board and the committees have the right to decide to act or not act. Any decision to not act is not a waiver of the right to act in the future.
(ii) Business Affairs. This Subsection 9.11.1 (ii) applies to Board member actions in connection with management, personnel, maintenance and operations, insurance, contracts and finances. Each Board member shall perform the duties of a Board member in good faith, in a manner such Board member believes to be in the best interests of the Association and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. When performing his duties, a Board member is entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by:
SDH\30447.0001\361227.7 6/7/2007 -29-
Packet Page. 191
(1) One or more officers or employees of the Association whom the Board member believes to be reliable and competent in the matters presented; (2) Counsel, independent accountants or other Persons as to matters which the Board member believes to be within such Person's professional or expert competence; or
(3) A committee of the Board upon which the Board member does not serve, as to matters within its designated authority, which committee the director believes to merit confidence, so long as, in any such case, the director acts in good faith, after reasonable inquiry when the need therefore is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. (4) This Subsection 9.11. l(ii) is intended to be a restatement of the business judgment rule established in applicable law as it applies to the Association. All amendments, modifications, restatements and interpretations of the business judgment rule appl_icable to the Association shall be interpreted to amend, modify, restate or interpret this Subsection 9.11. l(ii).
(iii) Association Governance. This Subsection 9.11.1 (iii) applies to Board actions and committee decisions in connection with interpretation and enforcement of the Restrictions, architectural and landscaping control, regulation of uses within the Properties, rule making and oversight of committees. Actions taken or decisions made in connection with these matters shall be reasonable, fair and nondiscriminatory.
9.11.2 Nonliability.
(i) General Rule. No Person is liable to any other Person (other than the Association or a party claiming in the name of the Association) for injuries or damage resulting from such Person's acts or omissions when the acts or omissions are within what the Person reasonably believed to be the scope of the Person's Association duties ("Official Acts''), except to the extent that injuries or damage result from the Person's willful or malicious misconduct. No Person is liable to the Association (or to any party claiming in the name of the Association) for injuries or damage resulting from such Person's Official Acts, except to the extent that such injuries or damage result from such Person's willful or malicious misconduct.
The Association is not liable for damage to property in the Properties unless caused by the negligence of the Association, the Board, the Association's officers, the Manager or the Manager's staff.
(ii) Nonliability of Volunteer Board Members and Officers. A volunteer Board member or volunteer Association officer shall not be personally liable to any Person who suffers injury, including without limitation bodily injury, emotional distress, wrongful death or property damage or loss as a result of the tortious act or omission of the volunteer officer or Board member if all of the applicable conditions specified in Section 1365. 7 of the California Civil Code, as modified, amended, or replaced, are met.
9.12. Arbitration of Disputes. Any disputes between all or any of (a) the Association and/or any Owner(s) and (b) the Declarant or any member, director, officer, partner, agent or SDH\30447.0001\361227.7 6/7/2007 -30-
Packet Page. 192
employee of Declarant ( collectively, "Declarant Parties") arising under this Declaration or relating to the Properties ( excluding disputes solely between Declarant and any other Declarant Party or Parties and disputes regarding payment of assessments) shall be submitted to final and binding arbitration before Judicial Arbitration and Mediation Services, Inc. ( "JAMS', or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Section I et seq. ("Arbitration',. Any party may commence the Arbitration process by filing a written demand for arbitration with the JAMS office located in the County, with a copy to the other party(ies).
The parties will cooperate with the JAMS and with one another in selecting an arbitrator from the JAMS panel of arbitrators, and in scheduling the Arbitration proceedings. The parties will share equally in its costs, unless the arbitrator orders otherwise. The provisions of this Section may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, to be paid by the party(ies) against whom enforcement is ordered. EACH OWNER, BY ACCEPTANCE OF A DEED TO A LOT OR
CONDOMINIUM, AND THE ASSOCIATION, BY ACCEPTANCE OF A DEED TO THE
ASSOCIATION PROPERTY, ACKNOWLEDGES AND AGREES THAT (A) ALL
DISPUTES DESCRIBED ABOVE SHALL BE RESOLVED BY ARBITRATION AND (B)
TO THE EXTENT PERMITTED BYLAW, EACH SUCH OWNER AND THE
ASSOCIATION, AS APPLICABLE, IS GIVING UP ANY RIGHTS IT MIGHT POSSESS TO HAVE THOSE MATTERS LITIGATED IN A COURT OR JURY TRIAL. [SIGNATURES ON FOLLOWING PAGE}
SDH\30447.0001\361227.7 6/7/2007 -31-
Packet Page. 193
[SIGNATURE PAGE TO
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS
AND RESERVATION OF EASEMENTS FOR
WATERMAN BUSINESS CENTER]
Declarant has executed this D.eclaration as of the date set forth below.
Dated: CfW1e..-- I 2- , 2007
SDH\30447.0001\361227.7 6/7/2007
WA TERMAN BP, LLC, a California limited
liability company
By: SEVENTH STREET DEVELOPMENT,
LLC, a California limited liability company
Its: Manager
By:
Its:
-32-
Packet Page. 194
ST ATE OF CALIFORNIA )
COUNTY OF I t,S ~ 1_3 ~ ss
On .\ )Y'\, a . \ 1- , 200.J.,. before me, ~....:::e~u...a....Lv:o..::::.:....__'\--+-·-'-M....::::.....:....!.. 1:].-0~ ..... ~f._-_;J Notary Public, personally appeared -----= t!..i'---'~-'-O-\=~--=-+-S-J..L-::=-V-=------0-11-; 3.-.J.,.S.,__ _______ _ personally known to me ~f J'ffl (ea te me on the basis of satisfaetory e•,•teenee~ to be the perso~ whose nam~ islftre.subscribed to the within instrument and acknowledged to me that he~she/they executed the same in hisfher/thcii authorized capacity(ies), and that by hi~,'hctftheir signatur~ on the instrument the personfs'), or the entity upon behalf of which the perso~ acted, executed the instrument.
'
WITNESS my hand and official seal.
ST A TE OF CALIFORNIA
COUNTY OF _____ _
)
) ss
)
(SEAL)
On ________ , 200_, before me, _____________ ___,
Notary Public, personally appeared ____________________ _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature _____________ _
(SEAL)
SDH\30447.0001\361227.7 6/7/2007 -33-
Packet Page. 195
ILLEGIBLE NOTARY SEAL DECLARATION
GOVERNMENT CODE 27361.7
I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows:
. Name of Notary __ ___.,_( .... M...:...L~(;\-=------'-Y-'-.__..:]);:__r_i_-zo-=--5=------------- Commission Number ____ _.i_7-=.....3o<Q'-=U;.._3=-?L-L? ____________ _ Date Commission Expires. ___ ....aN_O"'----'-\/_,_J-_o ___ , -=J-o __ l_D __________ _ County Where Bond is Filed. ___ ----'--L_o;:;...._;;_s_____;A-vl....:......:.....:.,,B~e::;......,..:fes""""'"----------- Place of Execution of this Declaration Irvine CA 92614 ~=--=-'--""=-=-='-'-------------- Date. ____ ____,,Ji~IAM ............... :t:,...""'---=i_,,&½/.___,,r/:...._~:e::.....co:e::.....c7~--------- LandAmerica
~ Commercial Q_
Services
~~
Packet Page. 196
SUBORDINATION
The undersigned, as Beneficiary of the beneficial interest in and under that certain Deed of Trust dated October 24, 2005, and recorded on October 27, 2005, in the Official Records of San Bernardino County, California, as Instrument No. 2005-0807833, which Deed of Trust is between Waterman BP, LLC, a California limited liability company, as Trustor, Commonwealth Land Title Company, as Trustee, and JPMorgan Chase Bank, N.A., as Beneficiary, hereby expressly subordinates such Deed of Trust and its beneficial interests thereunder to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'') and to all easements to be conveyed to the Association in accordance with the Declaration. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the Properties by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure or any other remedy in or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions.of the Declaration, which shall remain in full force and effect. •
- Dated: _) "'/' {.. ) '3 , 2007 JPMORGAN CHASE BANK, N.A., a national banking
By:
By:
SDH\30447.000 I \361227.7 6/7/2007 -34-
Packet Page. 197
STATE OF CALIFORNIA
COUNTY OF :tf\o._r ~ct9~
)
) ss
)
On :S, , "L \ ~ , 200 ..J.., before me, ~~~.,_:::~~~~~~~~__, Notary Public, personally appeared _i;;-~OL,J~:'.!:::a~u_k_:~~~1&:c~---.t.l...L..J:..L..-1..;~l...O!..~r:__ personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
,
Signature_..:.-.,.c~~~~~~~~-----
STA TE OF CALIFORNIA
COUNTY OF 1¥\0l.ttcdf-
)
) ss
)
OFFICIAL SEAL
KELLY A. JACKOWSKI
NOTARY PUBLIC.-ARIZONA
MARICOPA COUNTY
MY Comm. Expires Oct. 10, 2009
(SEAL)
0~ d ,>ct l?J , 20(Q_, beforeruie,µ~-....C...:...µ~~=LI1¥.:~~·--' N otary Puhl ic, personally appeared .L.~LJ/\l!t)~o-~-~L::....:....-.2.1\.l~: ~~~~.-l~~----1..i:b:~~~l.._ __ personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument.
WITNESS my h d and official seal.
'
OFFICIAL SEAL
KELLY A. JACKOWSKI _ NOTARY PUBLIC -ARIZONA ~ i· ·,.,,, j MARICOPA COUNTY My Comm. Expires Oct. 10, 2009
(SEAL)
SDH\30447.0001\361227.7 6/7/2007 -35-
Packet Page. 198
EXHIBIT "A"
TRACT MAP
SDH\30447.0001\361227.7 6/7/2007
Packet Page. 199
SCALE: 1 "=80' SHEET J OF 6 SHEETS
IN THE CITY OF SAN BERNARDINO, SAN BERNARDINO COUNTY, CALIFORNIA LEGEND
TRACT MAP NO. 18083
FOR OFFICE/CONDOMINIUM PURPOSES, LOTS 1 & 2 ONLY. 14 UNITS PER LOT BEING A SUBDMSION OF LOTS 9 TO JO, INCLUSIVE, or TRACT 6548, IN THE CITY or SAN BERNAROINO, COUNTY or SAN BERNARDINO, ST4T[ OF CALIFORN14, AS PER PLAT RECORDED IN BOOK 84, PAGES 39 AND 40 INCLUSIVE or I.IAPS. IN THE OfFICE or THE COUNTY RECORDER or SAID COUNTY. rtl E(ll911.M)IW(t
~-~&:'Kl!i-,
fl 141•621.
SC~LE: \"=80'
-=::r---'Z; :p.
80UNOARr or fHC
------LJ,.tr,'O 8trNC SU8UMOtO
BY' rH1S MAP \.._ __________ a_lK_:::::,,~------
------ N(W lOT UN(
- - -- -- - tAS!l.l(NT LIN!
-- - - --[X,SllNC t.Ol I.IN(
AO\//
--- --SUt[[T CCNJ[Rc,.tNC
@ UO£l1U FOJNO "'.0/.v,qnT AS NOTiO
0 SCI J;t' (1,0,J MON PiK., TAGGID "ICl "60♦"
D sna-·o.o,Jt.P.1,fAGSTN'IP£011:CE n&otON.o.n·
{ , IU<O~ DAU. fta TIUiCT I«) 6W "-'I 800( &4 PAGH 19-IO MONUMENT t-lOTE:
VICINITY MAP
N.f S
J;•· {10 J ~ 'l'l, RC( lt60t, TO IE Sn' f\l/SMAl AU. F(()t."f AA"O RW LOT COMDS AHO N«:U: POINTS. Pl nu:cvoo TkAT A J/ "(11) I tllOt~ ~ CAV.OT&t SlT. A l£A0 l>t0 TAG, .a "604 SI-WJ. IE $ET
TOTM. ~ WITHIN TlilS MAP ■ 513,338 SJ!.
EASEMENTS
0 NI (AS(rJ(kl IN rAYOR Of lH[ Pu8t.lC ovtR NtJ [J:!Sfl'.IC ~DS Lr.NC WITMIN SM) UNO. 8l,AKI((( IN Nl,.TUR[.
© II n. S[W(R: U.S[U[NI tO ltt( Cll'V or SAN
etRKMOINO. SH OCT~lS ~ ~t1£tl ,.
@ PRl'."At( 2, n RCCIPROCAI. ACC(SS (Jr.S(U(P(I roR TK[ scm:rn or lOTS I .lNO l SH O(TM.5 011 SH[tt 4
@ E>.SC"[r<I Of SOUlHCRN CJ.l~ORN~ CDISO.S CO.,,,ANT fOR POL! UN! Al<O/OQ CCN()UIT R(C 1/16/196l IN 8K. ~J~. PC 867, 0.R. (!) (AS(U(NI 01 (tf( cm Of w, 8(Rn.lR01t10 rQSf SAN1TAR'( 5[W(R PURPOSCS P(R 1R.t.CT Pl() ~a. we. 8'/39-CO,
@ Ct.SMHl TO Th{ CITY OT $.\>. 8[il;.lQl)l.'vO (OR WAl(R UN[ PtmPOS!~ C(OICA1CO H[A(O."I. SC[ 0£lAll ON Sl-t((T 6
BASIS OF B[ARINGS
(S[.AJtNCS «. 8'.SlO CJI TNt C(lfl[R\JJ,( rl WAl(ftl.WI A',{NV( 8(1cG ff()RfH OCJ~"t()' W1' PU Tlt,lrCT Ml l)ll. U 8 ... /Jt•40.
UN(
ll
L2
u
c•
C5
L6
L7
ce
C9
CIO
'" Ll2
LIJ
L1'
LIS
cu•..:
c,
Cl
Cl
lCJl
c•
lr4\
LIH( T.lBl(
L(!iCTH B(AIIINC
5 JO 509·47'1{J'W
2l47 S00'05'00"W
2000 ss9·~1·•1·c
2000 ~·oo·c
20 JO Nao-06 '2~ •w
369 sso·06·2~·c
20J S80'26'25"(
10 20 sao·06 ·2s ·c
0.96 seo•06'25tc
11.16 sso·o5·2~·c
3000 SO\l'~l.J5'W
4.)90 sao·oa·2s·c
JOOO N'09~J'35'(
JOOO S09'!:i)·l5·w
77 7'' HOO"OO't!)C
CUF?'ft lA8l(
on.'" suo1us 1.tNGtH
a.a.·4~f75· 2000 34.ec·
Jllt"4f31• 2000 ~, .. ·,n· 2000 ! 1911.•
50'06'40' 2000 7 i:t6·
g.\'-»''74• 2000 •n•
g1·22•u,• 10.00 1-, .:.n'
roq:wiw.,a ,u~ &CUPflD ~ t!V.1(1( CJ J/c' A)I Pft
ll)IJG_P[tlU 11/Jl
WATERMAN
l6llt
l41J1l
AVENUE
MB. Yl2
FOR BOUN04RY ESTABLISHMENT OETAll, SE[ SHEET 2
~ ,!,
...
~ ..
,,
i
i~ N~
... <
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:l 2 ..
ii
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a:
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i
Packet Page. 200
EXHIBIT "B"
ASSOCIATION PROPERTY
The gravel infiltration trench, appurtenant catch basins and filter(s) servicing Lots 2 through 12 of Tract No. 18083 and the catch basins, storm drain pipes and filters on Lots 1 and 2 of Tract No. 18083.
The Common Fire Water System.
SDH\30447.0001\361227.7 6/7/2007
Packet Page. 201
EXHIBIT "C"
DRAWINGS SHOWING COMMON DRIVEWAYS
SDH\30447.0001\361227.7 6/7/2007
Packet Page. 202
\.,'" SIEEI E BQAD
. I
'
I I
-1111 I 11 I n I I I I I I I 8 I I I I I I I I I I I I • •- ~ j ., 11111111 lllllllllU 11111111 1111 II 11- ~ / , , 11·11·11111 1111·n-1 111111 n 11111111 11111·0·11 r •• ..u I , ,_ -N i~
I, ~ I I lg
hi -rtll • - - L :"i ..... . . - I ~ ~ ----J:I'-.~- m LEGEND j I I I
J - I ~ COMMON DRIVEWAYS
I ~ \ I UJ.I I I 11 I 11 11 1.U.1 11 1111 I 11 I 111 I I U I 11.H.I ''----ll"ll .. ./q ~~ /~~~;f;'l_]_lfl~;}ll.:tl_~~O~ ~16_11E_ll::;;;ll;f_Qlfl_~ll&;·ls ~\~ 11;;;0;;11~11:;;;l;;;;l;;;;I ;;:;0;;;; II= 11= 11=1= lr7~~~L::j ~--
-------------=======---- ----------- ~ )"-----, ... '--- WATERMAN AV .... ENIJ.Jl'-£,IJE ___ _
- - -
Plot-nil< 18710 S. Wilmington Ave., Suite 203 - EXHIBIT "C" -g- - Associates
Rancho Dominguez, California 90220
Tel: (310) 605-6657
Fax: (310) 605-6658
www.plotnik.com
DRAWING SHOWING COMMON DRIVEWAYS
SCALE: 1 "= 150' DATE: 4/27 /07
• CIVIL ENGINEERING • LAND SURVEYING
BY: ' JEK JOB NO.: 278.00
Packet Page. 203
• EXHIBIT "D"
PERCENTAGE SHARE OF COMMON EXPENSES
Percentage Share of.
Lot Common Expenses
3 8.51%
4 6.71%
5 5.77%
6 5.00%
7 5.01%
8 7.17%
9 6.85%
10 ,5.74%
11 5.88%
12 7.98%
SDH\30447.000l\361227.7 6/7fl.007
Condo Unit
A-1
A-2
A-3
A-4
A-5
A-6
A-7
A-8
A-9
A-10
A-12
A-13
A-14
B-1
B-2
B-3
B-4
B-5
B-6
B-7
B-8
B-9
B-10
B-11
B-12
B-13
B-14
Total for Lots
and Condos:
Percentage Share of
Common Expenses
2.20%
1.08%
1.10%
1.10%
1.08%
1.08%
1.09%
1.09%
1.08%
1.08%
1.10%
1.08%
1.89%
2.36%
1.11 %
1.13%
1.13%
1.11 %
1.11 %
1.12%
1.12%
1.11 %
1.11%
1.13%
1.13%
1.11 %
2.45%
100.00%
Packet Page. 204
E>CH ,a,r '
1 e: II
ARTICLES OF INCORPORATION
OF
WATERMAN BUSINESS CENTER ASSOCIATION
ONE: The name of this corporation ("Corporation" herein) is WA TERMAN BUSINESS CENTER ASSOCIATION.
TWO:
A. This Corporation is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law. The purpose of this corporation is to engage in any lawful act or activity, other than credit union business, for which a corporation may be organized under such law.
B. The specific purpose of this Corporation is to operate an owners association to manage a common interest development under the Davis-Stirling Common Interest Development Act.
THREE: The name and address in the state of California of this Corporation's initial agent for service of process is: Craig Furniss, 3780 Kilroy Airport Way, Suite 125, Long Beach, CA 90806.
FOUR: Notwithstanding any of the above statements of purposes and powers, the Corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purpose of this Corporation.
FIVE: This Corporation is an association formed manage a common interest development under the Davis-Stirling Common Interest Development Act.
SIX: This Corporation does not have a business office. The nine-digit zip code of the common interest development is 92408-0000. The front street and the nearest cross street to the common interest development are Industrial Road and Waterman A venue.
SEVEN: The name and address of the association's managing agent is Mar West Real Estate, 202 Fashion Ln., Suite 221, Tustin, CA 92780.
SDH\30447.0001\359624.I 6/7/2007 1
Packet Page. 205
The undersigned, who is the incorporator of the Corporation, has executed these Articles of Incorporation on :[yV)e, 12- , 2007.
SDH\30447.0001\359624.J 6/7/2007
P~N~e: __ Q_~-~-\-~~~f-~_r_~_1&~5~_
"Incorporator"
2 Packet Page. 206
BYLAWS
OF
WA TERMAN BUSINESS CENTER ASSOCIATION
Packet Page. 207
DESCRIPTION
TABLE OF CONTENTS
FOR BYLAWS
OF
WATERMAN BUSINESS CENTER ASSOCIATION
PAGE
ARTICLE I PLAN OF OWNERSHIP ...................... 7 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 1
1.1. Definitions and Interpretation .................................................................................. 1
1.2. Name ........................................................................................................................ l
1.3. Application .................................. ............................................................................. 1 ARTICLE II BOARD OF DIRECTORS ......................................................................................... I
2.1. Number .................................................................................................................... !
2.2. Qualifications for Holding Office ............................................................................ 1
2.3. Election .................................................................................................................... 3
2.4. Term of Office ......................................................................................................... 3
2.5. Vacancies ................................................................................................................. 3
2.6. Removal of Directors ............................................................................................... 3
2. 7. Compensation .......................................................................................................... 4
2.8. Powers and Duties .................................................................................................... 4
2.9. Special Powers and Duties ....................................................................................... 4
2.10. Distribution of Information ...................................................................................... 5
2.11. Meetings ................................................................................................................... 6
2.12. Action Without Meeting ........................................................................................... 8
2.13. Quorum and Adjournment ....................................................................................... 8
2.14. Committees .............................................................................................................. 8 ARTICLE III OFFICERS ................................................................................................................ 8 3 .1. Designation .............................................................................................................. 8 3 .2. Election of Officers .................................................................................................. 8
3.3. Removal of Officers ................................................................................................. 8 3 .4. Compensation .......................................................................................................... 8
3. 5. . President ................................................................................................................... 9 3 .6. Vice President .......................................................................................................... 9
3. 7. Secretary ..................................... ............................................................................. 9 3 .8. Treasurer .................................................................................................................. 9 ARTICLE IV OWNERS ................................................................................................................ 10
4.1. Voting Rights ......................................................................................................... 10
4.2. Majority of Quorum ............................................................................................... 10
4.3. Quorum .................................................................................................................. 10
4.4. Proxies .................................................................................................................... 10
4.5. Place of Meetings of Owners ................................................................................. 10 SDH\30447.0001\361335.2 6nl2007 -1-
Packet Page. 208
DESCRIPTION PAGE
4.6. Annual Meetings of Owners .................................................................................. 10
4. 7. Special Meetings of Owners .................................................................................. 11
4.8. Notice ..................................................................................................................... 11
4.9. RecordDateS ................................................................... : ...................................... 11
4.10. Adjourned Meetings ............................................................................................... 11
4.11. Order ofBusiness ................................................................................................... 12
4.12. Action Without Meeting .................. ." ..................................................................... 12 4 .13. Consent of Absentees ............................................................................................. 12
4.14. Minutes, Presumption of Notice ............................................................................ 12
4.15. Inspector of Election .............................................................................................. 13 ARTICLE V AMENDMENTS ...................................................................................................... 13 ARTICLE VI MISCELLANEOUS ............................................................................................... 13
6. l . Checks, Drafts and Documents .............................................................................. 13
6.2. Conflicts ................................................................................................................. 14
6.3. Execution ofDocuments ........................................................................................ 14
6.4. Availability of Association Documents ................................................................. 14
6.5. FiscalYear ............................................................................................................. 15 ARTICLE VII NOTICE AND HEARING PROCEDURE .......................................................... .15
7. l . Initial Complaint .................................................................................................... 15 7 .2. Scheduling Hearings ............................................................................................... 15 7 .3. Conduct of Hearing ................................................................................................ 15
7.4. Imposition of Sanctions ......................................................................................... 15
7.5. Limits on Remedies ............................................................................................... 16 SDH\30447.0001\361335.2 617/2007 -11-'
Packet Page. 209
BYLAWS
OF
WATERMAN BUSINESS CENTER ASSOCIATION
ARTICLE I
PLAN OF OWNERSHIP
1.1. Definitions and Interpretation. Unless otherwise provided in these Bylaws, the capitalized terms used in these Bylaws have the same meanings as in the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'J· These Bylaws shall be interpreted in accordance with Section 1.2 of the Declaration.
1.2. Name. The name of the corporation is Waterman Business Center Association.
The principal office of the Association shall be located in such location as is designated by the Board.
1.3. Application. These Bylaws apply to the commercial project known as Waterman Business Center, located in the County of San Bernardino ("County'J· All Persons who use the facilities of the Properties in any manner are subject to the regulations in these Bylaws and in the Declaration, Recorded in the Official Records of the County against the Properties. Use of any Lot or Condominium in the Properties signifies acceptance and ratification of these Bylaws.
ARTICLE II
BOARD OF DIRECTORS
2.1. Number; Election by Class. The property, business and affairs of the Association shall be governed and managed by a Board of Directors initially composed of three (3) persons, each of whom must be either an Owner or an agent of Declarant until Declarant no longer owns a Lot or Condominium in the Properties. One Director shall be elected by the Class A Members, one Director shall be elected by the Class B Members, and one Director shall be elected by the entire voting power of the Association. The authorized number of Directors may be increased to five (5) upon the Board's adopting a resolution so increasing the authorized number of Directors. If the authorized number of Directors is increased to five (5), then two Directors shall be elected by the Class A Members, two Directors shall be elected by the Class B Members, and one Director shall be elected by the entire voting power of the Association. Any other change in the authorized number of Directors shall require a duly adopted amendment to these Bylaws. Notwithstanding anything to the contrary in the foregoing or in the Declaration, Declarant shall have the right to appoint (a) the Class A director(s) for so long as Declarant owns any Lot, and (b) the Class B director(s) for so long as Declarant owns any Condominium Unit.
2.2. Qualifications for Holding Office. Each Director, except for those initially appointed by Declarant to serve as interim Directors until the first annual meeting, must either be SDH\30447.0001\361335.2 6/7(2007 -1-
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an Owner who meets the qualifications in this Section 2.2 or, as long as Declarant owns any portion of the Properties, an agent of Declarant.
2.2. l Candidacy Requirements for Owners. Owners who meet the following criteria are qualified to be elected to the Board of Directors: • (a) The Owner must be in compliance with the Restrictions for the three (3) months immediately preceding the date of the election at which the Owner is being considered for election to the Board of Directors or during such Owner's period of ownership if the Owner acquired its Lot or Condominium Unit within such three (3) month period. To be in compliance, the Owner must correct, within five (5) days after receipt of notice by the Association, any violation of the Restrictions for which the Owner has been determined to be responsible pursuant to applicable due process requirements; and (b) The Owner must be current in the payment of all Assessments for the three (3) months immediately preceding the date of the election at which the Owner is being considered for election to the Board of Directors or during such Owner's period_ of ownership if the Owner acquired its Lot or Condominium Unit within such three (3) month period.
2.2.2 Incumbent Requirements. To remain qualified to serve on the Board of Directors, an Owner who has been elected to the Board of Directors must:
(a) Not be absent from more than three (3) consecutive regularly scheduled meetings of the Board; •
(b) Attend at least seventy-five percent (75%) of the Board meetings held during the year and attend the entire meeting each time; (c) Comply with every duly approved action of the Board; (d) Comply with the Restrictions and correct, within five (5) days after receipt of notice by the Association, any violation of the Restrictions for which that Director has been determined to be responsible pursuant to applicable due process requirements; (e) Not be more than three (3) months in arrears in the payment of any Assessment;
(f) Exhibit respect, professionalism and courteous behavior to Owners, committee members, vendors, the Manager and its staff, and any other Persons associated with or retained by the Association;
(g) Refuse any type of gain, such as money, services, products, gifts or gratuities of a significant value, as determined by a majority vote of the Directors who meet all of the required qualifications to serve as such, which gain is offered in relation to the Owner's service as a Director. In addition, the Owner must disclose such offers at an open meeting of the Board. Compensation for services duly approved by the Board and unrelated to duties as a Director or Officer of the Association, and reimbursement of expenses associated with services to the Association, do not constitute prohibited gain within the meaning of this subsection; and SDH\30447.0001\361335.2 6nf2.007 -2-
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(h) Not act in a manner determined by a majority vote of the Directors to be grossly detrimental to the general safety, health or welfare of the Association and its members.
2.3. Election.
2.3.1 General Procedure. At the first annual meeting of the Owners, and at each annual meeting thereafter, the Owners shall elect new Directors to fill vacancies on the Board. If an annual meeting is not held, or all positions on the Board are not filled at the annual meeting, Board members may be elected at a special meeting of the Owners.
2.3.2 Voting. Voting shall be by secret written ballot. After Declarant ceases to appoint Directors, an Owner may cumulate his votes for any candidate for the Board in any election in which more than two (2) Directors are to be elected if (a) the candidate's name has been placed in nomination before the voting, and (b) an Owner has given notice at the meeting before the voting of such Owner's intent to cumulate votes. If an Owner cumulates his votes, such Owner may cast a number of votes equal to the Owner's share of the voting power multiplied by the number of Directors to be elected.
2.4. Term of Office. Each Director shall hold office until the earlier to occur of (a) the end of the Director's term of office after a successor has been elected, or (b) his death, resignation, removal or judicial adjudication of mental incompetence. At the first annual meeting, the term of office of each Director elected two (2) years; provided that until Declarant no longer owns a Unit in the Properties Declarant shall be entitled to appoint all Directors. The term of office of each Director elected to fill a vacancy created by expiration of a Director's term of office shall be two (2) years. The term of office of each Director elected or appointed to the Board for any other reason shall be the balance of the unserved term. Any person serving as a Director may be reelected. There is no limit on the number of terms which a Director may serve.
2.5. Vacancies. A vacancy on the Board is deemed to exist in case of death, resignation, removal or judicial adjudication of mental incompetence of any Dir:ector or if the Owners fail to elect the full number of authorized Directors at any meeting at which a Directors election is to take place. Vacancies on the Board caused by any reason other than the removal of a Director may be filled by either (a) vote of a majority of the remaining Directors, even though they may constitute less than a quorum, or (b) by vote of the Owners at a meeting; provided that until Declarant no longer owns a Unit in the Properties all vacancies shall be filled by Declarant.
Any vacancy caused by the removal of a Director must be filled by a vote of the Owners. A Director may resign at any time by giving notice to the President, the Secretary or the Board.
Any Director who ceases to be an Owner or an agent of Declarant is deemed to have resigned from the Board.
2.6. Removal of Directors. After Declarant no longer owns a Unit in the Properties, at any meeting of the Owners, any individual Director or the entire Board may be removed before the expiration of their terms of office with or without cause by the vote of Owners representing a majority of the Association's voting power (including votes attributable to Declarant). However, if the entire Board is not removed as a group pursuant to a single vote, no individual Director may be removed if the number of votes cast against removal would be SDH\30447.0001\361335.2 6/7/2007 -3-
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sufficient to elect such Director if voted cumulatively at an election at which the same total number of votes were cast and the entire number of Directors authorized at the time of the Director's most recent election were then being elected. Any Director whose removal has been proposed by the Owners must be given an opportunity to be heard at the meeting. If any Directors are removed, new Directors may be elected at the same meeting. However, any Director elected to office solely by the votes of Owners other than Declarant may be removed only by the vote of at least a simple majority of the Association's voting power represented by Owners other than Declarant. Any Director elected or appointed to office solely by Declarant may only be removed by Declarant.
2.7. Compensation. Directors may not receive any compensation for their services as Directors unless such compensation is first approved by Owners representing at least a majority of the Association's voting power. However, (a) nothing in these Bylaws precludes any Director from serving the Association in some other capacity and receiving compensation therefor, and (b) any Director may be reimbursed for actual expenses incurred in performance of Association duties, and (c) no officer, employee or director of Declarant or any affiliate ofDeclarant may receive any compensation for service as a Director of the Association.
2.8. Powers and Duties. The Board has the powers and duties necessary to administer the Association's affairs. All the Association's powers shall be exercised by the Board except those powers specifically reserved to the Owners.
2.9. Special Powers and Duties. Without limiting the scope of the Board's general powers and duties, the Board is granted the following powers and duties:
2.9.1 Officers, Agents and Employees. The power and duty to select, appoint and remove all Association officers, agents and employees, to prescribe such powers and duties for them as may be consistent with law and with the Restrictions, to fix their compensation, to require from them such security for faithful service as the Board considers advisable, and to contract to provide them with such indemnification as the Board determines is appropriate.
2.9.2 Contracts.
(a) The power to enter into contracts. This includes contracts (a) for maintenance, landscaping, and common utilities services, (b) materials, supplies and other Common Expenses relating to the Lots or Condominiums, (c) employing personnel necessary to manage the Properties, including legal and accounting services, and ( d) paying for Improvements on the Association Property.
(b) The power to enforce the Restrictions and any agreements entered into by the Association and to impose sanctions against Owners for violating the Restrictions.
2.9.3 Principal Office, Place of Meetings, Seal. The power, but not the duty, to move the Association's principal office to any location selected by the Board; to designate any place in the County for holding any meetings of Owners consistent with the provisions of Section 4.5; and to adopt and use a corporate seal and to alter the form of such seal.
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2.9.4 Assessments. The power and duty to fix and levy Assessments and identify the due date for payment of Assessments. The Board may incur Common Expenses.
The Association's funds shall be held in trust for the Owners.
2.9.5 Insurance. The power and duty to contract and pay for insurance in accordance with the Declaration, covering and protecting against such damages or injuries as the Board considers advisabl~ (which coverage may include medical expenses of persons injured on the Association Property). The Board shall review, not less frequently than annually, all insurance policies and bonds obtained by the Board on the Association's behalf.
2.9.6 Delegation. The power, but not the duty, to delegate its powers according to law.
2.9.7 Bylaws. The power and duty to adopt these Bylaws.
2.9.8 Records. The power and duty to keep a complete record of Association acts and corporate affairs.
2.9.9 Sale of Property. The power, but not the duty, to sell property of the Association. Approval from Owners representing at least a majority of the Association's voting power must be obtained before property of the Association having an aggregate fair market value greater than ten percent ( 10%) of the Association's budgeted gross expenses for the Fiscal Year is sold in a single Fiscal Year.
2.9.10 Manager. The power to engage a professional Manager for the Association at a compensation established by the Board to perform such duties and services as the Board authorizes.
2.9.11 Agreements with Declarant. The power, but not the duty, to negotiate and enter into agreements with Declarant. •
2.9 .12 Adoption of Election Rules. The power and duty to adopt election rules in accordance with Section 1363.03(a) of the California Civil Code.
2.10. Distribution of Information. The Board shall distribute the following financial information to all Owners (and any Beneficiary, insurer and guarantor of a first Mortgage on request), regardless of the number of Owners or the amount of assets of the Association:
2.10.1 Budget. A pro forma operating budget for each Fiscal Year consisting of at least the following information must be distributed to the Members annually not less than thirty (30) nor more than ninety (90) days prior to the beginning of each Fiscal Year:
(a) Estimated revenue and Common Expenses computed on an accrual basis.
(b) A summary of the Association's reserves (if any).
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(c) All other information required under California Civil Code Section 1365.2.5.
2.10.2 Financial Report. A report consisting of the following must be distributed within one hundred twenty (120) days after the close of the Fiscal Year. (a) A balance sheet as of the end of the Fiscal Year.
(b) An operating (income) statement for the Fiscal Year. ( c). A statement of changes in financial position for the Fiscal Year. (d) Any information required to be reported under Section 8322 of the California Corporations Code.
(e) A statement of the place where the names and addresses of the current Owners are located.
If the report referred to in Section 2.10.2 is not prepared by an independent accountant, it must be accompanied by the certificate of an authorized Association officer stating that the statement was prepared from the Association's books and records without independent audit or review.
2.10.3 Accounts. On at least a yearly basis, the Board shall: (a) cause to be completed and review a current reconciliation of the Association's accounts, (b) review the. income and expense statement for the Association's accounts.and (c) review the most current account statements prepared by the financial institutions where the Association keeps its accounts.
2.11. Meetings.
2.11.1 Organization Meeting. The first regular ("organization") meeting of a newly elected Board must be held within thirty (30) days of election of the Board, at such place as is fixed and announced by the Directors at the meeting at which such Directors were elected, to organize, elect officers and transact other business. No notice is necessary to the newly elected Directors to hold such meeting; provided that (a) a majority of the whole Board is present when the time and place are announced at the annual meeting and (b) the meeting is held on the same day and at the same place as the annual meeting of the Owners at which the newly constituted Board was elected.
2.11.2 Regular Meetings. Regular meetings may be held at such time and place in the Properties as is determined by a resolution adopted by a majority of a quorum of the Directors no less frequently than may be required by law from time to time. Notice of the time and place of regular meetings of the Board shall be given to each Director at least four ( 4) days before the date of the meeting. Notices may be given personally or by telephone, including a voice messaging system or other system or technology designed to record and communicate messages, facsimile, electronic mail, or other electronic means or posted at a prominent place or places in the Association Property.
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2.11.3 Special Meetings. Special meetings may be called by the President or by any two (2) Directors by posting notice at least four (4) days before such meeting at a prominent place or places in the Association Property or on four (4) days' notice by first-class mail or fortyeight (48) hours' notice delivered personally or by telephone, including a voice messaging system or other system or technology designed to record and communicate messages, telegraph, facsimile, electronic mail, or other electronic. means. The notice must state the time, place and the purpose of the meeting.
2.11.4 Executive Sessions. The Board may convene in executive session to (a) discuss and vote upon personnel matters, litigation, matters relating to the formation of contracts with third parties, or Owner discipline or (b) meet with an Owner, upon the Owner's request, regarding the Owner's payment of Assessments, as specified in California Civil Code Section 1367 or 1367.1. The nature ofbusiness to be considered in executive session must first be announced in an open session and must be generally noted in the minutes of the Board. In any matter relating to the discipline of an Owner, the Board shall meet in executive session if requested by that Owner. The Owner may attend the executive session.
2.1 1.5 Other Meetings. Any congregation of a majority of the members of the Board at the same time and place to hear, discuss, or deliberate on any item of business scheduled to be heard by the Board, except those matters that may be discussed in executive session, shall constitute a meeting of the Board. All Owners shall have the right to attend any regular, special or other meeting of the Board, ·except an executive session. Owners who are not Directors may not participate in any deliberation or discussion at such meetings unless authorized by a vote of a majority of a quorum of the Board. However, at each Board meeting, except for executive sessions, the Board must set aside time for Owners to speak, subject to reasonable limits imposed by the Board.
2.11.6 Notice to Owners. Generally, if a meeting of the Board is not a regular or special meeting, Owners shall be given notice of the time and place of the meeting at least four (4) days before the meeting. Notice required by this Section may be given by posting the notice in a prominent place or places in the Association Property, by mail or delivery of the notice to each Lot or Condominium in the Properties, or by newsletter or other similar means of communication. If there are circumstances that could not have been reasonably foreseen which require immediate attention and possible action by the Board and which of necessity make it impractical to provide notice to the Owners, then an emergency meeting of the Board may be called by the President or any two (2) other members of the Board without providing notice to the Owners.
2.11.7 Waiver of Notice. Before or at any meeting of the Board, any Director may, in writing, waive personal notice of such meeting. Attendance by a Director at any Board meeting waives the requirement of personal notice. If all Directors are present at a Board meeting, no notice to Directors is required and any business may be transacted at such meeting.
The transactions of any Board meeting, however called and noticed or wherever held, are valid as though had at a meeting duly held after regular call and notice, if (a) a quorum is present, (b) notice to the Owners of such meeting was posted as provided in Sections 2.11.2, 2.11.3 or 2.11.6, and (c) either before or after the meeting, each of the Directors not present signs a written waiver of notice, a consent to holding such meeting, or an approval of the Minutes thereof. The SDH\30447.0001\361335.2 6/7/2007 -7-
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Secretary shall file all such waivers, consents and approvals with the Association's records or make them a part of the Minutes of the meeting.
2.12. Action Without Meeting. The Board may act without a meeting if all Directors consent in writing to such action. Written consents must be filed with the minutes of the Board.
Each action by written consent has the same effect as a unanimous vote of such Directors.
Within three (3) days after the written consents of all Directors have been obtained, an explanation of any action taken by unanimous written consent without a meeting must be either (a) posted by the Board in a prominent place or places in the Association Property, or (b) communicated to the Owners by other means the Board determines to be appropriate.
2.13. Quorum and Adjournment. Except as otherwise expressly provided in these Bylaws, at all meetings of the Board, a majority of the Directors constitutes a quorum for the transaction of business, and the acts of a majority of the Directors present at a meeting at which a quorum is present are the acts of the Board. At any meeting of the Board when less than a quorum present, the majority of those present may adjourn the meeting to another time. At any such reconvened meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice if a quorum is present.
2.14. Committees. The Board may by resolution establish such committees as it desires, and may establish the purposes and powers of each such committee created. The resolution establishing the committee must (a) provide for the appointment of its members and a chairman, (b) state the purposes of the committee, and (c) provide for reports, termination and other administrative matters as the Board considers appropriate.
ARTICLE III
OFFICERS
3.1. Designation. The Association's principal officers are a President, a Vice President, a Secretary, and a Treasurer, all elected by the Board. The Board may appoint an Assistant Treasurer, an Assistant Secretary and such other officers as it determines to be necessary. Officers other than the President need not be Directors. Any person may hold more than one office.
3.2. Election of Officers. The Board shall annually elect the Association's officers at the new Board's organization meeting. Each officer shall hold his office at the pleasure of the Board, until he resigns or is removed, is otherwise disqualified to serve or a successor is elected and qualified to serve.
3.3. Removal of Officers. On an affirmative vote of a majority of the entire Board, any officer may be removed, either with or without cause, and a successor elected at any meeting of the Board. Any officer may resign at any time by giving written notice to the Board or to the President or Secretary. Any such resignation is effective on the date of receipt of such notice or at any later time specified therein. Unless specified in the notice, acceptance of the resignation by the Board is not necessary to make it effective.
3.4. Compensation. No officer may receive any compensation for services performed in the conduct of the Association's business unless such compensation is approved by the vote or SDH\30447.0001\361335.2 6/7fl.007 -8-
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written consent of Owners representing at least a majority of the Association's voting power; however (a) nothing in these Bylaws precludes any officer from serving the Association in some other capacity and receiving compensation therefor, and (b) any officer may be reimbursed for actual expenses incurred in the performance of Association duties. Appointment of any officer does not create contractual rights of compensation for services performed by such officer. No officer, employee or director of Declarant or any affiliate of Declarant may receive any compensation for service as an officer of the Association.·
3.5. President. The President is the chief executive officer of the Association and shall (a) preside at all Association and Board meetings, (b) have the general powers and duties which are usually vested in the office of the President of a corporation, including but not limited to the power to appoint committees ·from among the Owners as the President decides is appropriate to assist in the conduct of the Association's affairs, and (c) subject to the control of the Board, have general supervision, direction and control of the Association's business. The President is ex officio a member of all standing committees and has such other powers and duties as may be prescribed by the Board or these Bylaws.
3.6. Vice President. The Vice President shall take the President's place and perform the President's duties whenever the President is absent, disabled, fails or refuses to act. If neither the President nor the Vice President is available to perform the President's duties, the Board shall appoint another member of the Board to do so on an interim basis. The Vice President has such other powers and duties as may be prescribed by the Board or these Bylaws.
3.7. Secretary. The Secretary shall (a) keep the Minutes of all meetings of the Board and of the Association at the Association's principal office or at such other place as the Board may order, (b) keep the Association's seal in safe custody, (c) have charge of such books and papers as the Board may direct, ( d) in general, perform the duties incident to the office of Secretary, (e) give, or cause to be given, notices of meetings of the Owners and of the Board required by these Bylaws or by law to be given, (f) keep a record book of Owners, listing the names, mailing addresses and telephone numbers of Owners, as furnished to the Association ("Membership Register"), and (g) record in the Membership Register the termination or transfer of ownership by any Owner, together with the date of the transfer. The Secretary has such other powers and duties as may be prescribed by the Board or these Bylaws.
3.8. Treasurer. The Treasurer is the Association's chief financial officer and is responsible for Association funds. The Treasurer shall (a) keep, or cause to be kept, full and accurate accounts and tax and business records of the Association, including accounts of all assets, liabilities, receipts and disbursements, (b) be responsible for the deposit of all funds in the name of the Association in such depositories as the Board designates, (c) disburse the Association's funds as ordered by the Board, and ( d) render to the President and Directors, on request, an account of all transactions as Treasurer and of the Association's financial condition.
The Treasurer has such other powers and duties as may be prescribed by the Board or these Bylaws.
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ARTICLE IV
OWNERS
4.1. Voting Rights. The Association has three (3) classes of voting Membership, as described in the Declaration.
4.2. Majority of Quorum. Unless otherwise provided in the Restrictions, any action which may be taken by the Association may be taken by a majority of a quorum of the Owners.
4.3. Quorum. Except as otherwise provided in these Bylaws, the presence in person, by proxy or by ballot pursuant to California Civil Code Section 1363 .03(b) of at least twenty-five percent (25%) of the Association's voting power constitutes a quorum of the Membership.
Owners present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment, despite the withdrawal of enough Owners to leave less than a quorum, if any action taken ( other than adjournment) is approved by at least a majority of a quorum. If a meeting is actually attended, in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b), by Owners having less than one-third (1/3) of the Association's voting power, then no matter may be voted on except matters which were generally described in the notice of the meeting. No action by the Owners on any matter is effective if the votes cast in favor are fewer than the minimum number of votes required by the Restrictions to approve the action.
4.4. Proxies. Except as provided below, votes may be cast in person, by proxy or by written ballot pursuant to California Civil Code Section 1363.03. Proxies must be in writing and filed with the Secretary in advance of each meeting. Every proxy is revocable and automatically ceases after completion of the meeting for which the proxy was filed. Any form of proxy or written ballot distributed by any Person to the Owners must afford the opportunity to specify a choice between approval and disapproval of each matter or group of matters to be acted on, except it is not mandatory that a candidate for election to the Board be named in the proxy or written ballot. The proxy or written ballot must provide that, when the Owner specifies a choice, the vote shall be cast in accordance with that choice. The proxy must also identify the person authorized to exercise the proxy and the length of time it will be valid. No proxy is valid with respect to a vote on any matter described in Section 7613(g) of the California Corporations Code unless the general nature of the proposal was described in the proxy. Proxies may not be used in connection with voting in any election regarding those subjects specified in California Civil Code Section 1363.03(b).
4.5. Place of Meetings of Owners. Meetings of the Owners shall be held on the Properties, or such other suitable place as proximate thereto as practical and convenient to the Owners, as designated by the Board.
4.6. Annual Meetings of Owners. The first annual meeting of Owners shall be held within six (6) months after the Close of Escrow for the sale of the first Lot or Condominium in the Properties. Thereafter, the annual meetings shall be held on or about the anniversary date of the first annual meeting. Each first Mortgagee may designate a representative to attend all annual meetings.
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4.7. Special Meetings of Owners. The Board shall call a special meeting of the Owners (a) as directed by resolution of a majority of a quorum of the Board, (b) by request of the President of the Association, or ( c) on receipt of a petition signed by Owners representing at least five percent (5%) of the Association's total voting power. The Secretary shall give notice of any special meeting within twenty (20) days after adoption of such resolution or receipt of such request or petition. The notice must state the date, time and place of the special meeting and the general nature of the business to be transacted. The special meeting must be held not less than thirty-five (35) nor more than ninety (90) days after adoption of such resolution or receipt of such request or petition. No business may be transacted at a special meeting except as stated in the notice. Each first Mortgagee may designate a representative to attend all special meetings.
4.8. Notice. The Secretary shall send to each Owner of record, and to each first Mortgagee who has filed a written request for notice with the Secretary, a notice of each annual or special meeting. The notice must be sent by first-class mail, at least ten (10) but not more than thirty (30) days before the meeting. The notice must state the purpose for the meeting as well as the day, hour and place where it is to be held. The notice may establish time limits for speakers and nominating procedures for the meeting. The notice must specify those matters the Board intends to present for action by the Owners, but, except as otherwise provided by law, any proper matter may be presented for action at the meeting. The notice of any meeting at which Directors are to be elected must include the names of all nominees when the notice is given to the Owners. The mailing of a notice, postage prepaid, in the manner provided in this Section, shall be considered notice served, forty-eight ( 48) hours after the notice has been deposited in a regular depository of the United States mail. Such notice must be posted in a conspicuous place on the Association Property and is deemed served on an Owner on posting if no address for such Owner has been then furnished to the Secretary.
Notwithstanding any other provision of these Bylaws, approval by the Owners of any of the following proposals, other than by unanimous approval of those Owners entitled to vote, is not valid unless the general nature of the proposal was stated in the notice or in any written waiver of the notice: (a) removing a Director without cause; (b) filling vacancies on the Board; ( c) approving a contract or transaction between the Association and one or more Directors, or between the Association and any entity in which a Director has a material financial interest; (d) amendment of the Articles; or (e) electing to wind up and dissolve the Association.
4.9. Record Dates. The Board may fix a date in the future as a record date for determining which Owners are entitled to notice of any meeting of Owners. The record date so fixed must be not less than ten ( 10) nor more than sixty ( 60) days before the date of the meeting.
If the Board does not fix a record date for notice to Owners, the record date for notice is the close of business on the business day preceding the day on which notice is given. In addition, the Board may fix a date in the future as a record date for determining the Owners entitled to vote at any meeting of Owners. The record date so fixed must be not less than ten ( 10) nor more than sixty (60) days before the date of the meeting. If the Board does not fix a record date for determining Owners entitled to vote, Owners on the day of the meeting who are otherwise eligible to vote are entitled to vote at the meeting.
4.10. Adjourned Meetings. If a quorum is not present at the time and place established for a meeting, a majority of the Owners who are present, either in person, by proxy or SDH\30447.0001\361335.2 6/7(1.007 -11-
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by ballot pursuant to California Civil Code Section 1363.03(b), may adjourn the meeting to a time not less than five (5) nor more than thirty (30) days from the original meeting date, at which meeting the quorum requirement is the presence in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b) of Owners holding at least twenty-five percent (25%) of the Association's voting power. Such an adjourned meeting may be held without the notice required by these Bylaws if notice thereof is given by announcement at the meeting at which such adjournment is taken.
4.11. Order of Business. Meetings of Owners must be conducted in accordance with a recognized system of parliamentary procedure or such parliamentary procedures as the Association may adopt. The order of business at all meetings of the Owners is as follows: (a) roll call to determine the voting power represented at the meeting; (b) proof of notice of meeting or waiver of notice; ( c) reading of minutes of preceding meeting; ( d) reports of officers; ( e) reports of committees; (t) election of Directors (at annual meetings or special meetings held for such purpose); (g) unfinished business; and (h) new business.
4.12. Action Without Meeting. Except for election of Directors, any action not subject to California Civil Code Section l 363.03(b) which may be taken at a meeting of the Owners may be taken without a meeting by written ballot of the Owners. Ballots must be solicited in the same manner as provided in these Bylaws for giving of notice of meetings to Owners. Such solicitations must specify (a) the number of responses needed to meet the quorum requirements, (b) the percentage of approvals necessary to approve the action, and ( c) the time by which ballots must be received to be counted. The form of written ballot must afford an opportunity to specify a choice between approval and disapproval of each matter and must provide that, where the Owner specifies a choice, the vote shall be cast in accordance therewith.
Receipt within the time period specified in the solicitation of (i) ballots which equal or exceed the quorum which would be required if the action were taken at a meeting, and (ii) approvals which equal or exceed the number of votes which would be required for approval if the action were taken at a meeting at which the total number of votes cast was the same as the total number of ballots cast, constitutes approval by written ballot.
4.13. Consent of Absentees. The actions taken at any meeting of Owners, however called and noticed, are valid as though taken at a meeting duly held after regular call and notice, . if (a) a quorum is present either in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b), and (b) either before or after the meeting, each of the Owners not present in person, by proxy or by ballot pursuant to California Civil Code Section 1363.03(b) signs (i) a written waiver of notice, (ii) a consent to the holding of such meeting, or (iii) an approval of the minutes thereof. The Secretary shall file all such waivers, consents or approvals with the corporate records or make them a part of the minutes of the meeting.
4.14. Minutes, Presumption of Notice. Minutes or a similar record of the proceedings of meetings of Owners, when signed by the President or Secretary, shall be presumed truthfully to evidence the matters described therein. A recitation in the Minutes executed by the Secretary that proper notice of the meeting was given constitutes prima facie evidence that such notice was gtven.
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4.15. Inspector of Election. Prior to any meeting of Owners, the Board shall appoint an inspector of election for that meeting in accordance with California Civil Code Section l 363.03(c). There shall be at least one (1) inspector of election. Any report or certificate of the inspector of election is prima facie evidence of the matters stated therein. An inspector of election does not have to be an Owner. If the Board does not appoint an inspector of election or if an inspector fails to appear at a meeting, the chairman of the meeting of Owners may appoint the inspector of election. If the chairman fails to appoint the inspector of election, then any Owner may request that the inspector of election be appointed. If an Owner makes such a request, then the inspector of election shall be elected by Owners representing a majority of the Owners present. In case of an action to be taken by the Owners by written ballot, the Board shall also appoint an inspector of election to count the ballots in accordance with Section 1363.03 of the California Civil Code. The results of the election shall be promptly reported to the Board, recorded in the minutes of the next meeting of the Board and made available for review by Owners. Within fifteen (15) days, the Board shall publicize the results of the election in a communication directed to all Owners.
The inspector of election shall (a) determine the number of Memberships outstanding and the voting power of each, (b) the number of Owners represented at the meeting and the existence of a quorum, (c) the authenticity, validity and effect of proxies, (d) receive votes, ballots or consents, (e) hear and ·determine all challenges and questions in any way arising in connection with the right to vote, (f) count and tabulate all votes or consents, (g) determine when the polls shall close, (h) determine the results of the election, and (i) do such acts as may be proper to conduct the election or vote, with fairness to all Owners in accordance with Section 1363.03(c) of the California Civil Code. The inspector of election shall perform his/her duties impartially, in good faith, to the best of his/her ability and as expeditiously as is practical.
ARTICLE V
AMENDMENTS
These Bylaws may be amended by the vote or written consent of Owners representing at least (a) a majonty of the voting power of each class of the Owners, and (b) a majority of the Association's voting power represented by Owners other than Declarant; provided that the specified percentage of each class of Owners necessary to amend a specific provision of these Bylaws may not be less than the percentage of affirmative votes prescribed for action to be taken under that provision. These Bylaws may be amended by a majority of the entire Board, (i) at any time before the Close of Escrow for the sale of the first Lot or Condominium, or (ii) if the amendment is within the Board's power to adopt without Owner approval pursuant to the California Corporations Code and either (a) the proposed amendment conforms the Bylaws to California law or (b) the proposed amendment corrects a typographical error in the Bylaws.
ARTICLE VI
MISCELLANEOUS
6.1. Checks, Drafts and Documents. All checks, drafts, orders for payment of money, notes and other evidences of indebtedness issued in the name of or payable to the Association must be signed or endorsed in the manner and by the person or per.sons the Board designates by resolution.
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6.2. Conflicts. If any of these Bylaws conflict with any laws of the State of California, such conflicting Bylaws shall be void on final court detennination to such effect, but all other Bylaws shall remain in full force. In case of any conflict between the Articles of Incorporation and these Bylaws, the Articles of Incorporation shall control. In case of any conflict between the Declaration and these Bylaws, the Declaration shall control.
6.3. Execution of Documents. The Board may authorize any officer or officers, agent or agents to enter into any contract or execute any instrument in the name and on behalf of the Association. Such authority may be general or confined to specific instances. Unless so authorized by the Board, no officer, agent, committee member or employee may bind the Association by any contract or pledge its credit or render it liable for any purpose in any amount.
6.4. Availability of Association Documents.
6.4.1 Records To Be Maintained. The Association shall keep at its principal office (or at such other place in or near the Properties as the Board may prescribe) (a) the Restrictions and (b) any documents or items (i) defined under Section 1365.2 of the California Civil Code as "association records" and "enhanced association records" or (ii) required to be kept pursuant to any other applicable provision of the California Civil Code and the California Corporations Code (collectively, the "Association Documents'), each of which shall be made available for inspection and copying by any Owner or the Owner's duly appointed representative for a purpose reasonably related to the Owner's interest as an Owner, all in accordance with applicable provisions of the California Civil Code and California Corporations Code.
6.4.2 Limits on Availability. The Board may establish reasonable rules regarding (a) notice to be given to the custodian.of the Association Documents by the Owner desiring to make the inspection, (b) hours and days of the week when such an inspection may be made, and (c) payment of the cost of copying any of the Association Documents requested by an Owner; provided that every Director may at any reasonable time inspect all Association Documents and the physical properties owned or controlled by the Association, and make extracts and copies of documents.
6.4.3 Time of Availability. The minutes, minutes that are proposed for adoption that are marked to indicate draft status, or a summary of the minutes, of any meeting of the Board (other than an executive session) must be available to Owners within thirty (30) days of the meeting. The minutes, proposed minutes or summary minutes must be distributed to any Owner on request and on reimbursement of the Association's cost in making that distribution.
6.4.4 Distribution to Owners. No later than ten (10) days after the Association receives written request from any Owner, the Association shall provide to that Owner a copy of each of the documents listed in California Civil Code Section 1368(a) that have been requested by the Owner. Owners must be notified in writing when the budget required in Section 2.10.1 is distributed or at the time of any general mailing to the entire Association Membership of their right to have copies of the minutes of meetings of the Board and how and where those minutes may be obtained.
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6.5. Fiscal Year. The Board shall select the Association's Fiscal Year. The Fiscal Year is subject to change as the Board determines.
ARTICLE VII
NOTICE AND HEARING PROCEDURE
7 .1. Initial Complaint. Persons who believe a violation of the Restrictions has occurred may file a complaint with a Person designated by the Board on a form approved by the Board. The Board will commence the enforcement process. In its discretion, the Board may issue one or two violation letters to the Person alleged to have committed the violation ("respondent") or set a hearing described in Section 7.2 below. The Board may direct the Manager to assist the Board in any of the steps the Board chooses to talce in enforcing the Restrictions except that decisions made at hearings must be made by the Board. 7 .2. Scheduling Hearings. A hearing before the Board to determine whether a sanction should be imposed may be initiated by the Board after receipt of at least one complaint.
To initiate a hearing, the Board must deliver to the respondent a notice which includes the following: •
7.2. l Complaint. A written statement setting forth in ordinary and concise language the acts or omissions with which the respondent is charged,
7.2.2 Basis for Violation. A reference to the specific provisions of the Restrictions which the respondent is alleged to have violated,
7.2.3 Hearing Schedule. The date, time and place of the scheduled hearing, 7 .2.4 Sanctions. A list of sanctions which may be imposed at the hearing.
The date for the hearing may be no less than fifteen (15) days after the date the notice of hearing is mailed or delivered to the respondent. The respondent is entitled to attend the hearing, submit a statement of defense to the Board in advance of the hearing, or present a statement of defense and supporting witnesses at the hearing. If the respondent does not attend the hearing, the respondent waives these rights.
7 .3. Conduct of Hearing. The Board shall conduct the hearing in executive session, affording the respondent a reasonable opportunity to be heard. Prior to· the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard must be placed in the minutes of the meeting. Such proof is adequate if a copy of the notice together with a statement of the date and manner of delivery is entered by the Association officer or Board member who mailed or delivered such notice. The record of the meeting must contain a written statement of the results of the hearing and the sanction, if any, imposed. 7 .4. Imposition of Sanctions. After affording the respondent an opportunity for a hearing before the Board, the Board may impose any one or more of the following sanctions: (a) levy a Special Assessment as authorized in the Declaration; (b) suspend the respondent's voting privileges established under the Declaration; (c) enter upon a Lot or Condominium to perform maintenance which, according to the Declaration, is the responsibility of the respondent; or ( d) SDH\30447.0001\361335.2 6/7/2007 -15-
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record a notice of noncompliance if allowed by law. Any suspension of Membership privileges may not be for a period of more than _thirty (30) days for any noncontinuing infraction, but in the case of a continuing infraction (including nonpayment of any assessment after the same becomes delinquent) may be imposed for so long as the violation continues. Written notice of any sanctions to be imposed must be delivered to the respondent personally via first class mail within fifteen (15) days following the date of the decision to impose the sanction. No action against the respondent arising from the alleged violation may take effect prior to five (5) days after the hearing.
7.5. Limits on Remedies. The Board's failure to enforce the Restrictions does not waive the right to enforce them. The remedies provided by the Restrictions are cumulative and not exclusive. However, any individual Owner must exhaust all available internal Association remedies prescribed by the Restrictions before that Owner may resort to a court of law for relief with respect to any alleged violation of the Restrictions by another Owner.
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CERTIFICATE OF SECRETARY
I, the undersigned, certify that:
1. I am the duly elected and acting Secretary of WATERMAN BUSINESS CENTER ASSOCIATION, a California nonprofit corporation ("Association"); and
2. The foregoing Bylaws comprising 17 pages including this page constitute the Bylaws of the Association duly adopted by Consent of Directors in Lieu of First Meeting dated J:1.A.MC-: \ 2- , 2007.
IN WITNESS WHEREOF, I have hereunto subscribed my hand and affixed the seal of the Association this \'2..-tl- day of UJ..lMee- , 2007 . •
(SEAL)
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Recorded In Official Records, County of San Bernardi no RECORDING REQUESTED BY: ~- _ LARRY WALKER
~S,.~'§ Auditor/Controller - Recorder
6/27/2007
8:00 AM
MD
LandAmerica Commercial Services
9 803 LandAmerica Commonwealth
Doc#: 2007 - 0380258 Titles: 1 Pages: 23
WHEN RECORDED, MAIL TO:
DZIDA, CAREY & STEINMAN (SDH)
3 Park Plaza, Suite 750
Irvine, CA 92614
II I I I I I I II I I I I I
Fees
Taxes
Other
PAIO
74.00 0.00
0.00 $74.00
(Space Above For Recorder's Use)
SUPPLEMENTAL DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND RESERVATION
OF EASEMENTS FOR
WATERMAN BUSINESS CENTER
(LOTS 1 AND 2)
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THIS SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATION OF EASEMENTS ("Declaration') is made by WA TERMAN BP, LLC, a California limited liability company ("Declarant').
A. Declarant is the owner of certain real property in the City of San Bernardino, County of San Bernardino, State of California, more particularly described as ("Condominium Properties') follows:
The "Units," "Association Property," and "Common Area" as defiped in 2) and shown on the Condominium Plan lof-1., f ~ d/'"!nl~-r 17/~ /~ tJ f' recorded on ~ne.pl 7, 2007, as Instrument No -.:Joo7, ~?tJ";{f Official Records of San Bernardino County, California. Such Condominium Plan covers Lots I and 2 of Tract No. 18083, as shown on a subdivision map on file in Book 3 2-'I Pages 2'1 to 32., inclusive, of Maps, in the Office of the San Bernardino County Recorder. - B. Concurrently herewith, Declarant is recording in the Official Records of San Bernardino County, California, that certain Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'). The Declaration, which is incorporated herein by this reference, covers the Condominium Properties and other real property more particularly described therein. This Supplemental Declaration establishes covenants, conditions, restrictions and easements applicable to the Condominium Properties which are in addition to those established under the Declaration.
C. Declarant declares all of the Condominium Properties shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied and improved subject to the easements, restrictions, covenants, conditions and equitable servitudes contained in this .
Supplemental Declaration, all of which are for the purpose of preserving and protecting the value, attractiveness and desirability of the Condominium Properties, in furtherance of a comprehensive plan for the protection, maintenance, subdivision, improvement use and sale of the Condominium Properties, or any portion thereof. The covenants, conditions, restrictions, reservations, easements, equitable servitudes, liens and charges set forth herein shall (I) run with the Condominium Properties; (2) be binding upon all persons having any right, title or interest in the Condominium Properties, or any part thereof, their heirs, successive owners and assigns; (3) inure to the benefit of every portion of the Condominium Properties and any interest therein; (4) inure to the benefit of and be binding upon Declarant and their successive owners and each Condominium Owner within the Condominium Properties and his or her respective successorsin-interest; and (5) may be enforced by Declarant, any Condominium Owner or the Association.
1. Defined Terms. Capitalized terms used but not defined in this Supplemental Declaration shall have the meanings assigned to such terms in the Declaration. The following words and phrases when used in this Supplemental Declaration shall have the meanings hereinafter specified.
1 ·.1 Building Structure and Systems. Building Structure and Systems means the structural portions of the buildings in which the Condominiums are located and/or the SDH\30447.0001\362731.4 6/7/2007 -1-
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mechanical, electrical, life safety and plumbing systems and components but excluding the HV AC systems serving individual Condominium Units.
- 1.2 City Easement Deed. City Easement Deed means the Easement Deed and Agreement between Declarant and the City of San Bernardino recorded in the Official Records of San Bernardino County, California, on Oet: ~ , 2006, as Instrument No.
2.00'1·0"8h03S . Declarant's obligations under the City Easement Deed have been or will be assigned to the Association.
1.3 Common Wall. Common Wall means any wall separating one Condominium Unit from an adjacent Condominium Unit. The cost incurred by the Association in repairing any Common Wall shall, subject to Sections 5.3 and 6.1 of the Declaration, be borne equally by the Condominium Owners of the Condominium Units separated by such Common Wall.
1.4 Condominium Association Property. Condominium Association Property means the property and Improvements described in Exhibit "l" attached hereto.
1.5 Condominium Owner. Condominium Owner means the Owner of a Condominium Unit within the Condominium Properties.
1.6 Design Committee. Design Committee means the committee established pursuant to Section IO below.
I . 7 Design Committee Rules. Design Committee Rules means the Design Committee design standards, procedures, rules and guidelines which may be adopted by the Board, as amended from time to time.
2. Designation of Additional Association Property. The Condominium Association Property is hereby designated as "Association Property" under the Declaration, subject to the covenants, conditions, restrictions, easements and other terms set forth in this Supplemental Declaration.
3. Condominium Owners Rights of Enjoyment. Every Condominium Owner and, to the extent permitted by such Condominium Owner pursuant to the Restrictions, its Owner Representative(s), shall have a right of ingress and egress and of enjoyment in, to and over the Condominium Association Property which shall be appurtenant to and shall pass with title to every Condominium Unit, subject to the Association's right to exercise exclusive jurisdiction over and control of the Condominium Association Property. Owners of Lots 3 through 12 of Tract No. 18083 shall not have the right to use the Condominium Association Property.
4. Condominium Owner Easements over Loading and Parking Areas Adjacent t9 Condominium Buildings. Exhibit "2" hereto generally depicts the "Loading and Parking Area" adjacent to the buildings containing the Condominium Units. Declarant hereby reserves to itself, and every Condominium Owner and their respective Owner Representatives and successors the exclusive right to use that portion of the Loading and Parking Area adjacent to such Condominium Owner's Condominium Unit for loading purposes and parking purposes, subject to such Condominium Owner's compliance with all applicable requirements of the City SDH\30447.0001\362731.4 6nl2007 -2-
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and the Restrictions. No Condominium Owner shall interfere with the reasonable use of or access to the portion of the Loading and Parking Area adjacent to any other Condominium Owner's Condominium Unit.
5. Easement for HV AC Units of Condominium Units. Declarant hereby reserves, for the benefit of each Condominium Owner, an easement for the maintenance, repair, replacement and operation over those portions of the Condominium Association Property on which Declarant has installed heating, ventilation and air conditioning systems serving each Condominium Unit. This easement is appurtenant to and passes with title to each Condominium Unit. This easement is subject to the restrictions, rights and other easements in the Restrictions.
6. Use Restrictions.
6.1 Prohibited Uses. No part of the Condominium Properties shall be used or caused to be allowed or authorized in any way for any purpose not authorized for the Condominium Properties by the zoning ordinances, special use permit(s), planned industrial permit(s) and other governmental regulations applicable to the Condominium Properties. No portion of the Condominium Properties shall be used for any permanent or temporary residential purposes. No part of the Condominium Properties shall be used for the display, manufacture, production, duplication, distribution or sale of what is commonly referred to as "pornographic," "obscene," and/or "adult" material. No rubbish or debris of any kind may be placed or permitted to accumulate anywhere within the Condominium Properties, and no odor may be permitted to arise therefrom so as to render the Condominium Properties or any portion thereof unsanitary, unsightly, or offensive from any public or private street or from any Condominium Unit in the vicinity thereof or to its occupants. No noise, odor, vibration or other nuisance shall be permitted to exist upon or emanate from any portion of the Association Property or any Condominium Unit within the Condominium Properties so as to be offensive or detrimental to any other Condominium Unit in the Condominium Properties or to any Condominium Owner or its Owner Representative. The Board is entitled to determine if any noise, odor, or activity producing such noise or odor constitutes a nuisance. Each Condominium Owner shall comply with all requirements of the local or state health authorities and with all other applicable governmental ordinances regarding occupancy and use of a Condominium Unit. Each Condominium Owner is accountable to the Association and other Owners for the conduct and behavior of Owner Representatives. Any damage to the Association Property, personal property of the Association, or property of another Owner caused by such Persons, shall be repaired at the sole expense of the Condominium Owner of the Condominium Unit where such Persons are working or visiting.
6.2 No Outside Storage. No outside portions of the Condominium Association Property (including Loading and Parking Area) shall be used for the storage of goods or materials.
7. Maintenance of Condominium Units.
7.1 Owner Maintenance. Each Condominium Owner shall maintain, at its sole expense, such Condominium Owner's Condominium Unit, including all windows (including glass, frame, weather stripping, panes and sheathing), doors (including hardware, weatherSDH\3044 7.000I\362731.4 6n/2007 -3- Packet Page. 230
proofing, sheathing, frame and any glass), light fixtures actuated from switches controlled from, or separately metered to, such Condominium Unit, and the interior surfaces of the walls, ceilings, floors and fixtures, in a clean, sanitary and attractive condition, in accordance with the Condominium Plan and the original construction design of the Improvements in the Condominium Properties and Restrictions. However, no utility systems, Common Wall or other portions of the Building Structure and Systems may be pierced or otherwise altered or repaired without approval from the Design Review Committee. Each Condominium Owner shall, at its sole expense, keep the portion of the Loading and Parking Area adjacent to such Condominium Owner's Unit in good condition and repair, clean and free from debris. However, the Association (as provided in Section 8.1 below) shall be responsible for the resurfacing of paved portions of the Loading and Parking Area unless such resurfacing is required due to the negligence, willful misconduct or excessive use of such paved portion of the Loading and Parking Area by such Condominium Owner or its Owner Representatives. 7 .2 Association Right to Maintain. If an Condominium Owner fails to perform any maintenance, repair or installation required by this Article, the Association or its delegates may, but shall not be obligated to, cause such maintenance, repair and installation to be accomplished in accordance with the following: (a) upon finding by the Board of a deficiency in such maintenance, repair or installation, the Board shall give notice of such deficiency to the Condominium Owner (however in the case of immediate risk of injury to persons or serious damage to property no such notice shall be required); (b) the Condominium Owner shall have no more than thirty (30) days ( "Period") following the receipt thereby of written notice of such election from the Board or such committee to select a day or days upon which such maintenance, repair or installation work shall be accomplished; ( c) the date which said Condominium Owner selects to cure the deficiency shall be no more than thirty (30) days from the end of the Period, or a reasonable time thereafter if such deficiency cannot be readily cured within such time; ( d) unless the Condominium Owner and the Board otherwise agree, such maintenance or installation to cure the deficiency shall take place only during daylight hours on any day, Monday through Friday, excluding holidays; and (e) if the Association pays for all or any portion of such maintenance or installation, such amount shall be a Special Assessment against the affected Condominium Owner and its Condominium Unit. The Association shall also have the right to require that the Condominium Owner cure any deficiencies in maintenance of such Condominium Owner's Condominium Unit and/or the Improvements located thereon.
8. Additional Maintenance Funds; Assessments.
8.1 Condominium Association Property Operating Fund. The Board shall Budget, establish and maintain a Condominium Association Property Operating Fund for current expenses of the Condominium Association Property. Disbursements from the Condominium Association Property Operating Fund shall be made solely for the purpose of funding the current operating Common Expenses of the Condominium Association Property. Unless otherwise approved by a majority of the voting power of the Condominium Owners, any excess funds remaining in the Condominium Association Property Operating Fund, over and above the amounts used for the operation of the Condominium Association Property, shall be used to reduce the following year's "Condominium Assessment Component" (defined below).
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8.2 Condominium Assessment Component. Common Assessments levied against the Condominium Owners and their respective Condominium Units shall be comprised of (a) that portion of the Common Expenses of the Association comprising Condominium Association Property Operating Funds and other Maintenance Funds (if any) Budgeted to the Condominium Association Property ("Condominium Assessment Component'); and (b) the Common Assessments established under the Declaration. The Condominium Assessment Component shall be allocated solely among the Condominium Owners based on the percentage share of Condominium Common Expenses set forth in Exhibit "3" hereto.
8.3 Capital Improvement Assessments. A Capital Improvement Assessment with respect to Condominium Association Property Improvements shall require a majority of votes at a meeting or written ballot of the Condominium Owners at which more than fifty percent (50%) of the total voting power attributable to Condominium Units is represented.
Notwithstanding the foregoing, the Board may levy in any fiscal year a Capital Improvement Assessment applicable to that fiscal year without the vote of the Members if such Capital Improvement Assessment is necessary for addressing a Capital Improvement necessary to address an imminent threat to property or the safety of persons within the Condominium Properties.
8.4 Reconstruction Assessment. A Reconstruction Assessment for the Condominium Association Property shall be assessed only against the Condominium Owners (in the same proportion as the Condominium Assessment Component).
9. Additional Association Powers and Duties.
9.1 Commonly Metered Utilities. The Association shall have the power and duty to (a) obtain commonly metered utility services necessary for the Condominium Units (as part of the obligations pertaining to the Condominium Association Property), and (b) maintain the sewer and water lines (including laterals) within the Condominium Properties for the benefit of the Condominium Owners (as part of the obligations pertaining to the Condominium Association Property). If at any time the Association determines that any Condominium Owner and/or its Owner Representatives is using a disproportionate amount of any commonly metered utilities, then the Association may levy a Special Assessment against such Condominium Owner and its Condominium in an amount equal to the increased costs incurred by the Association for the disproportionate use. If the Association determines that any repair or maintenance of a sewer and/or water line (including a lateral) was required as a result the acts of a Condominium Owner or its Condominium Owner Representatives, then the Association may levy a Special Assessment against such Condominium Owner and its Condominium in an amount equal to the costs incurred by the Association for the applicable repair or maintenance.
9.2 Rights of Entry and Enforcement. The power, but not the duty, after Notice and Hearing, to enter any Condominium Unit (forty-eight (48) hours after delivery of advance written notice to the Condominium Owner of the Condominium Unit of such entry including the reasons therefore, with the exception of circumstances involving immediate risk of injury to persons or serious damage to property in which case the right of entry shall be immediate) or Association Property without being liable to any Condominium Owner for the purpose of enforcing by peaceful means the Restrictions or for the purpose of maintaining or SDH\30447.0001\36273l.4 6/7/2007 -5-
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repairing the Association Property and/or performing maintenance of any Condominium Unit or the Improvements located thereon where the Condominium Owner fails to do so; provided that no items of construction on any such Condominium Unit or Condominium Association Property may be altered or demolished except pursuant to judicial proceedings. The cost of any enforcement action or any maintenance and repair completed in compliance with these provisions is the responsibility of the Condominium Owner and may be assessed against the responsible Condominium Owner as a Special Assessment. The responsible Condominium Owner shall pay promptly all amounts due for such work, and the costs and expenses of collection. The Association may also commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Restrictions by the Condominium Owner of any Condominium Unit and its Owner Representatives and to enforce, by mandatory injunctions or otherwise, all of the provisions of the Restrictions. If an action is brought by the Association, the prevailing party is entitled to recover reasonable attorneys' fees. 9 .3 Condominium Association Traffic and Parking Rules and Regulations. The Board is empowered to establish restricted "visitor parking," temporary and/or "no parking," areas within parking improvem_ents located on the Condominium Association Property in accordance with Section 22658 and Section 22658.2 of the California Vehicle Code, or any similar statute hereafter enacted, as well as to enforce these parking limitations. The Board is also empowered to establish one-way traffic limitations for all or any portion of the drive aisles within the Condominium Association Property. 9 .4 Fire Alarm Monitoring; Service Contracts. The Association shall have the power and duty to contract for fire alarm monitoring services and equipment for the Condominium Association Property and the power to enter into such other services contracts as are necessary or appropriate for services provided to the Condominium Association Property.
10. Design Review. No Construction Activity (defined below) may be commenced or maintained within the Condominium Properties until the plans and specifications therefor showing the nature, design, kind, shape, height, width, color, materials, location and other aspects of the same have been submitted to the Design Committee and approved in writing by the Design Committee in accordance with Section 4.6 of the Declaration and the additional criteria and conditions set forth in this Section 10. The term "Construction Activity(ies)" shall mean any alteration, addition, installation, modification, construction, or reconstruction of any Improvement that would in any way affect the Building Structure and Systems; the exterior of the Condominium Unit and/or any Common Wall between Condominium Units whether or not any of the same are externally visible.
10.1 Membership; Appointment. The Design Committee shall consist of three (3) members. Members of the Design Committee may be removed at any time without cause by the Person appointing such member as provided herein. Unless changed by resolution of the Board, the address of the Design Committee for all purposes, including the submission of plans for approval, is the principal office of the Association as designated by the Board pursuant to the Bylaws. Dec.larant may appoint and remove a majority of the members of the Design Committee, which appointees need not be Members of the Association, until the date on which Declarant no longer owns a Lot or Condominium Unit. The Board may appoint and remove those members of the Design Committee which Declarant is not authorized to appoint until such S DH\3044 7 .000 I \362731.4 6/712007 -6-
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time as Declarant's rights of appointment shall have expired, and thereafter the Board may appoint and remove all members of the Design Committee. Design Committee members appointed by the Board must be Condominium Owners (or agents of Condominium Owners) at all times during their service on the Design Committee, and shall serve for a term of one (I) year or until their respective successors are appointed.
10.2 Design Committee Rules. The Board may adopt, supplement and amend Design Committee Rules imposing design and materials standards, submittal procedures, review criteria and other factors to be considered and followed by the Design Committee and the Condominium Owners in connection with Construction Activities.
I 0.3 Exemptions/Declarant Approval. Notwithstanding any other provision of the Restrictions, Declarant, need not seek Design Committee approval with respect to its construction or development activities of any kind, including without limitation any activity which would be classified as a "Construction Activity." I 0.4 Application. The Person submitting plans and specifications to the Design Committee ("Applicant'') must obtain a dated, written receipt for such plans and specifications and furnish the Design Committee with the address to which further communications from the Design Committee are to be directed. The Design Committee Rules may set forth application fees and deposits and procedures for the submission of plans for approval, require a fee to accompany each application for approval (or request for a certificate stating that Design Committee approval is not required), or establish additional factors which the Design Committee will take into consideration in reviewing submissions. The Design • Committee Rules may provide that the amount of any fee and/or deposit may be determined in any reasonable manner, such as based upon the cost of the construction, alterations or installations contemplated and/or the reasonable cost of architectural or other professional fees incurred by the Association in reviewing plans.
10.5 Criteria. The Design Committee shall consider and act upon all plans and specifications submitted for its approval under this Declaration and may perform such other duties as are specified in this Declaration, including the inspection of construction in progress to assure its conformance with the plans approved by the Design Committee. The Design Committee may approve plans and specifications submitted for its approval only if it determines that (i) the Construction Activity is in conformance with the Design Committee Rules, (ii) the Construction Activity in the locations indicated will not be detrimental to the appearance or use of other Condominium Units or the Condominium Properties as a whole, (iii) the appearance of any structure affected thereby will be in harmony with the surrounding structures, (iv) the Construction Activity and the product thereof will not detract from the attractiveness of the Association Property or the use thereof by the Members, and (v) the upkeep and maintenance thereof will not become a burden on the Association.
10.6 Conditions. The Design Committee may condition its approval of plans and specifications for any Improvement upon any of the following: (i) such changes therein as it deems appropriate, (ii) the grant of appropriate easements to the Association for the maintenance of the Improvement and access to all Condominium Association Property, (iii) the Applicant's agreement to reimburse the Association for the cost of reviewing the proposed Improvement SDH\30447.0001\362731.4 6/7/2007 -7-
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(including legal and consultant costs) and for the cost of maintaining the Improvement, (iv) the Applicant's agreement to complete the proposed work within a stated period of time, and/or (v) the Applicant's furnishing the Association with a bond or other security acceptable to the Design Committee in an amount reasonably sufficient to (a) assure the completion of such Improvement or the availability of funds adequate to remedy any nuisance or unsightly conditions occurring as a result of the partial completion of such Improvement, and (b) to protect the Association and the other Condominium Owners against mechanic's liens or other encumbrances which may be Recorded against their respective interests in the Condominium Properties or damage to the Condominium Association Property as a result of such work. In addition to the foregoing, the Design Committee may require submission of additional plans and specifications or other information prior to approving or disapproving materials submitted.
10. 7 Review Period. The Design Committee may require such detail in plans and specifications submitted for its review as it deems proper. Until the Design Committee receives all required plans and specifications, the Design Committee may postpone review of any plan submitted for approval or determination of exemption. The Design Committee shall transmit its decision and the reasons therefore or a request for further information to the Applicant at the address furnished by the Applicant, within forty-five (45) days after the date of the receipt issued by the Design Committee for materials submitted to the Design Committee and the Design Committee determines that such application is complete. Subject to appeal procedures which may be adopted by the Board, any application or request for certificate of exemption submitted pursuant to this Section shall be deemed approved, unless the Design Committee transmits written disapproval or a request for additional information or materials to the Applicant within forty-five (45) days after the date of receipt by the Design Committee of the Applicant's submitted materials.
10.8 Meetings of the Design Committee. The Design Committee shall meet and/or otherwise confer as necessary to perform its duties hereunder. The vote or written consent (which may be transmitted by facsimile or email) of a majority of the members of the Design Committee constitutes an act of the Design Committee. The Design Committee may engage architects, landscape architects, designers, planners and such similar professionals and consultants and appoint such subcommittees as the Design Committee deems appropriate to assist the Design Committee in the evaluation of plans, specifications and other items submitted for Design Committee approval pursuant to the Declaration. The Applicant shall be responsible for the cost of any such professionals and/or consultants engaged with respect to such Applicant's plans and specifications.
10.9 No Waiver of Future Approvals. Design Committee approval of any proposals or plans and specifications or drawings for-any Construction Activity done or proposed or in connection with any other matter requiring Design Committee approval does not waive any right to withhold approval of any similar proposals, plans and specifications, drawings or matters subsequently or additionally submitted for approval or consent.
10.10 Compensation of Members. The Design Committee members shall receive no compensation for services rendered, other than reimbursement by the Association for expenses incurred by them in performing their duties. The foregoing shall not preclude payment of compensation approved by the Board to architects or similar professionals engaged to assist SDH\30447.0001\36273 l.4 6/7/2007 -8-
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the Design Committee or the Design Committee Representative or to perform the function of the Design Committee member pursuant to this Section 10.10.
10.11 Correction of Defects. Inspection of work and correction of defects therein shall proceed as follows:
I 0.11.1 Notice of Completion. The Design Committee or its duly appointed representative may at any time inspect any Improvement or Construction Activity for which approval of plans is required under this Article. The Design Committee's right of inspection of Improvements for which plans have been submitted and approved shall terminate sixty (60) days after the work of Improvement has been completed and the Design Committee has received written notice of such completion. The Design Committee's rights of inspection shall not terminate pursuant to this paragraph if plans for the work of Improvement have not previously been submitted to and approved (or determined exempt) in writing by the Design Committee. If the Design Committee finds that an Improvement was done without obtaining written approval of the plans therefor or was not done in substantial compliance with the plans approved by the Design Committee, it shall notify the Condominium Owner in writing of failure to comply with this Section 4.6, specifying the particulars of noncompliance. The Design Committee may require the Condominium Owner to take such action as may be necessary to remedy a noncompliance. •
I 0.11.2 Noncompliance. If the Condominium Owner fails to remedy the noncompliance within sixty (60) days from the date the Design Committee's notice of noncompliance is deemed received by the Condominium Owner, the Design Committee shall notify the Board in writing of such failure. Upon Notice and Hearing, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Condominium Owner must remedy or remove the same_within a period of not more than forty-five (45) days from the date that notice of the Board ruling is given to the Condominium Owner. If the Condominium Owner does not comply with the Board ruling within that period, the Board may Record a notice of noncompliance and may commence a lawsuit for damages or injunctive relief, as appropriate, to remedy the noncompliance.
I 0.11.3 Compliance. If the Design Committee fails to notify the Applicant of any noncompliance with previously submitted and approved plans within sixty (60) days after receipt of written notice of completion from the Applicant, the Construction Activity shall be deemed to be in accordance with such approved plans.
10.11.4 Prosecution of Work. The Design Committee approval for any particular Construction Activity expires and the plans and specifications therefor must be resubmitted for Design Committee approval pursuant to this Section 10 if substantial work pursuant to the approved plans and specifications is not commenced within six (6) months after the Design Committee's approval of such Construction Activity. All Construction Activities shall be performed as promptly and diligently as possible and, unless an earlier completion date is specified in the Design Committee approval, must be completed within one (1) year after the date on which the work commenced.
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10.12 Scope of Review. The Design Committee shall review and approve or disapprove all plans submitted to it for any proposed Construct1on Activity solely on the basis of the considerations set forth in this Declaration. The Design Committee is not responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building codes or other governmental requirements.
10.13 Variances. The Design Committee may recommend variances from compliance with any of the architectural provisions of the Declaration and/or this Supplemental Declaration, including, without limitation, restrictions upon height, size, floor area or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require. Such variances must be approved by the Board, evid_enced in writing, and signed by at least two (2) officers of the Association certifying such Board approval, and are effective upon Recordation. No violation of the Restrictions shall exist with respect to any Construction Activity for which a variance is granted. The granting of such a variance does not waive any of the terms and provisions of this Declaration or of any Supplemental .Declaration for any purpose except as to the particular property and particular provision hereof covered by the variance, nor does it affect the Condominium Owner's obligation to comply with all governmental laws and regulations.
10.14 Pre-Approvals. The Board may authorize the pre-approval of certain specified types or classes of Construction Activities in the Design Committee Rules if, in the exercise of the Board's judgment, pre-approval of such types or classes of Improvements is appropriate in carrying out the purposes of this Declaration.
10.15 Appeals. The Board may adopt polices and procedures for the appeal of Design Committee decisions to the Board. The Board has no obligation to adopt or implement any appeal procedures, and in the absence of Board adoption of appeal procedures, all Design Committee decisions are final.
11. Insurance. The public liability insurance to be carried by Condominium Owners under Section 8.2 of the Declaration shall be in an amount not less than Two Million Dollars ($2,000,000), combined single limit, or in such other minimum amount as the Board may determine, covering all claims for personal injury and property damage arising out of a single occurrence with.the amount of any deductible approved by the Board. Each Condominium Owner shall review annually the limits of his insurance coverage and increase such limits as appropriate. Each Condominium Owner shall cause the Association to be named as additional insured under such Condominium Owner's liability policy(ies) and shall furnish the Association with a current certificate of such insurance at all times.
12. Condemnation of Condominium Association Property and/or Condominium Units.
12.1 Condemnation of Condominium Association Property an~or Condominium Units. If all or any portion of the Condominium Association Property, or any interest therein, is taken by right of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the Association and deposited in the SDH\30447.0001\362731.4 6/7/2007 -10-
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applicable Operating Fund. The Association has the exclusive right to participate in such proceedings and shall, in its name alone, represent the interests of all Members_ with respect to the Condominium Association Property.
12.2 Minor Takings of Condominium Units Within Limits. If (a) there is a taking of a portion of one or more Condominiums such that the intended use of the Condominiums is not substantially and adversely affected, and (b) restoration of such Condominiums can be accomplished at a cost less than or equal to the sum of (i) the amount of the condemnation awards for such takings plus (ii) any amounts the Condominium Owners of the partially taken Condominiums wish to contribute to restoration plus (iii) an amount less than or equal to five percent (5%) of the Budgeted gross expenses of the Association for that Fiscal Year ( collectively, the "Allowable Cost'), then (provided that the applicable Condominium Owners have made their agreed upon contributions) the Board shall contract for such restoration and levy a Reconstruction Assessment against the applicable Condominium Owners in an amount equal to the Allowable Cost minus the amount of the condemnation awards and applicable Condominium Owners' contributions. The condemnation awards, Condominium Owners' contributions and Reconstruction Assessment shall be applied to such restoration. If the restoration is accomplished at a cost less than the amount of the condemnation awards, then that portion of the condemnation awards which exceeds the restoration costs shall be paid to the Condominium Owners of the partially taken Condominiums in proportion to the decreas¥s in the fair market values of their Condominiums; however, such awards shall first ~e applied to the balance then due on any Mortgages encumbering such Condominium Owners' Condominiums, in order of priority. •
12.3 Minor Takings of Condominium Units Exceeding Limits. If(a) there is a taking of a portion of one or more Condominiums such that the intended use of the Condominiums is not substantially and adversely affected, and (b) restoration cannot be accomplished at a cost less than or equal to the Allowable Cost, then the Board shall call a Special Meeting of the Condominium Owners of Condominium Units. If more than fifty percent (50%) of the voting power of the Condominium Owners of Condominium Units of the taken Condominium Units is represented at such Special Meeting, either in person or by proxy, and a majority of the votes of the taken Condominium Units cast at such Special Meeting in favor of levying a Reconstruction Assessment in an amount equal to the restoration costs minus the sum of the amount of the condemnation awards and the amounts the Condominium Owners of the taken Con_dominiums wish to contribute to such restoration, then upon the receipt by the Association of all contributions agreed to by the applicable Condominium Owners, the Board shall contract for such restoration and levy a Reconstruction Assessment, and the condemnation awards, applicable Condominium Owners' contributions and Reconstruction Assessment shall be applied to such restoration.
12.4 Major Takings of Condominium Association Property. If the requisite approval is not obtained at the Special Meeting referred to above, or if there is a taking of a portion of one or more Condominiums such that the Condominiums are not capable of being restored without the intended use of the Condominiums being substantially and adversely affected, then the award in condemnation shall be paid to the Condominium Owners of the taken Condominiums; however, such award shall first be applied to the balance then due on any Mortgages encumbering such Condominium Owner's Condominium, in order of priority. The SDH\30447.0001\36273 l.4 6/7/2007 -11-
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Board shall have the remaining portions of the taken Condominiums razed. The remaining portions of the taken Condominiums shall become part of the Condominium Association Property, and the Condominium Owners of such taken Condominiums, by acceptance of the award allotted to them in taking proceedings, relinquish (a) to the other Condominium Owners, on the basis of their relative Condominium Ownership of the Common Area therein, such Condominium Owners' undivided interest in the Common Area, and (b) to the Association, the remaining portions of the Condominiums. Each Condominium Owner relinquishing his interest in the Common Area pursuant to this Section shall, at the Board's request and at the Association's expense, execute and acknowledge such deeds and other instruments which the Board considers necessary or convenient to evidence such relinquishment. Each Condominium Owner of a taken Condominium is not liable for Assessments under the Declaration (and this Supplemental Declaration) which accrue on or after the date such Condominium Owner accepts his condemnation award.
13. Unsegregated Real Property Taxes. To the extent not assessed to or paid by the Condominium Owners, the Association shall pay all real and personal property taxes and Assessments levied on the Condominium Properties. If any Condominiums are taxed under a tax bill covering more than one Condominium, then each Condominium Owner shall pay his share of any installment due under the tax bill to the Association at least ten (10) days before the delinquency date. The Association shall transmit the taxes to the appropriate tax collection agency on or before the delinquency date. The Association shall allocate taxes among the Condominium Owners and their Condominiums, based on the percentage share of Common Expenses allocated to each Condominium as compared to the total number percentage of Common Expenses allocated to all Condominiums subject to the unsegregated tax bill. The Association shall, at least forty-five ( 45) days before the delinquency date of any tax installment, deliver to each Condominium Owner a copy of the tax bill, along with a written notice setting forth the Condominium Owner's obligation to pay his share of the tax installment and the potential additional charges to the Condominium Owner for failure to comply. The Association shall pay the taxes on behalf of any Owner who does not pay his share. The Association shall add to the Annual Assessment of a delinquent Owner the amount of any sum advanced, plus interest at the rate often percent (10%) per annum and any amount necessary to reimburse the Association for any penalty or late charge actually assessed in connection with the tax bill, which late charge results from the failure of the delinquent Condominium Owner to make timely payment of his share of the taxes.
14. Conflicts. In the event of any conflict between any provision of the Declaration and any provision of this Supplemental Declaration, this Supplemental Declaration shall prevail and control.
15. Amendment.
15.1 Amendment by Declarant. So long as Declarant owns all or any portion of the Condominium Properties, this Supplemental Declaration may be amended by Recording a written instrument signed by Declarant setting forth such amendment. Such amendment by Declarant shall not require the approval of the other Owners.
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15.2 Amendments by Owners. The provisions of this Supplemental Declaration may be amended by Recording an instrument, signed and acknowledged by Declarant (for so long as Declarant owns a Condominium Unit in the Condominium Properties) and two (2) officers of the Association, setting forth the amendment and certifying that such amendment has been approved by (a) Owners representing more than fifty percent (50%) of the voting power of the Association, (b) Condominium Owners representing more than fifty percent (50%) of the voting power of the Condominium Owners, and (c) the requisite percentage of holders and insurers of first Mortgages encumbering the Condominium Properties, in the case of those amendments which this Supplemental Declaration requires to be approved by first Mortgagees, as described in Section 15.3 below. Amendments shall be effective upon Recordation. So long as Declarant owns a Lot or Condominium Unit in the Properties there shall be no amendment to the Restrictions without Declarant's written approval.
15.3 Approval of First MortgageesNotwithstanding anything to the contrary in Section 15 .2 above, any of the following amendments, to be effective, must be approved by more than fifty percent (50%) of first Mortgagees of Condominium Units who have requested the Association to notify them of proposed action requiring the consent of a specified percentage of first Mortgagees, based upon the Percentage Share of Condominium Common Expenses allocated to a Condominium Unit pledged as security for the respective first Mortgage: (a) any amendment which affects or purports to affect the validity or priority of encumbrances or the rights or protections granted to Beneficiaries of first Mortgages of Condominium Units; (b) any amendment which would necessitate a Mortgagee after it has acquired a Condominium Unit through foreclosure to pay more than its proportionate share of any unpaid assessment or assessments accruing after such foreclosure; ( c) any amendment relating to the insurance provisions of this Supplemental Declaration, the application of insurance proceeds or the disposition of any money received in any taking under condemnation proceedings; ( d) any amendment which would or could result in termination or abandonment of the Condominium Properties or partition or subdivision of a Lot in any manner inconsistent with the provisions· of this Supplemental Declaration; and/or (e) any amendment which would or could result in (i) an encumbrance being cancelled by forfeiture, or (ii) an individual Condominium Unit not being separately assessed for tax purposes ..
Any approval by a holder of a first Mortgage required under this Section 15 .3 must either be given in writing, or is deemed given if, within thirty (30) days after receipt of written notice of the proposed action sent via registered or certified mail, return receipt requested, the holder does not submit a written response to the notice.
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Declarant has executed this Supplemental Declaration as of the date set forth below.
Dated: J (AM'--= I '2- , 2007
SDH\30447.0001\362731.4 6/7/2007
WA TERMAN BP, LLC, a California limited
liability company
By: SEVENTH STREET DEVELOPMENT,
LLC, a California limited liability company
Its: Manager
By:
Its:
-14-
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STATE OF CALIFORNIA )
) ss
COUNTY OF L@ ~w
On ..)'--'t\ o ~ \ 1- , 200]_, before me, -~e,~(}«.:.:Yic....c0.-=------_\(-1-•-1)-=-=--n--'--'7.QS---==----'' Notary Public, personally appeared __ ....::C..~'Yi~<A-~~-~...\-----=h.J--=....:.v.....!V'\!........!...!.;-=~:...5!.....-______ _ personally known to me (~r f>FO¥@a te me on the basis of satisfact6fj' evidefl:cc) to be the perso~ whose namets') isfttre subscribed to the within instrument and acknowledged to me that hefsfleftiirey executed the same in hisfher/tneir authorized capacity(ics), and that by hi~/their signaturets) on the instrument the personfs'), or the entity upon behalf of which the perso~ acted, executed the instrument.
WITNESS my hand and official seal.
SDH\30447.0001\362731.4 6/7/2007 -15-
CMA ,. DIIJOI I
comm1111on ti 1706311
t We • Callfomle
(SEAL)
Packet Page. 242
ILLEGIBLE NOTARY SEAL DECLARATION
GOVERNMENT CODE 27361.7
I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows:
Name of Notary ___ ___,,,~=-.;;;.:.....:tA..=-=.._'l....<.....,:..____.D -<....l.o...J· .... 2""""""0 .... S~---------- Commission Number ___ 1_7..........,,D~(p~3'-~~7~------------- • Date Commission Expires. __ _,Nc.......:....J/J~V_•______,(h...__,Qoe-,,-->e-d::--'0=--cl---'O=----------- 7 County Where Bond is Filed, __ ___.:;_L-__:o:...;.s=------'-A-Yl.:....:......_,5,....._,d=..:....::.~..::=<...----------- Place of Execution of this Declaration =Irv....:...:.:.ain=e,_C=A'-'--"'9=2-=-61=-4.,__ ____________ _ LandAmerica Commercial Services
Packet Page. 243
SUBORDINATION
The undersigned, as Beneficiary of the beneficial interest in and under that certain Deed of Trust dated October 24, 2005, and recorded on October 27, 2005, in the Official Records of San Bernardino County, California, as Instrument No. 2005-0807833, which Deed of Trust is between Waterman BP, LLC, a California limited liability company, as Trustor, Commonwealth Land Title Company, as Trustee, and JPMorgan Chase Bank, N.A., as Beneficiary, hereby expressly subordinates such Deed of Trust and its beneficial interests thereunder to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Waterman Business Center ("Declaration'') and to all easements to be conveyed to the Association in accordance with the Declaration. By executing this Subordination, the undersigned agrees that should the undersigned acquire title to all or any portion of the Condominium Properties by foreclosure (whether judicial or nonjudicial), deed-in-lieu of foreclosure or any other remedy in . . or relating to the Deed of Trust, the undersigned will acquire title subject to the provisions of the Declaration, which shall remain in full force and effect. - Dated: ..) v.f' < ) 3
SDH\30447.000 I \362731.4 6/7/2007
, 2007 JPMORGAN CHASE BANK, N.A.,
a national banking ass ciation
By:
By:
-16-
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ST ATE OF CALIFORNIA )
) ss
) i.~ 1 /
On :-S, 1 l'.\l. I':> , 200l, before m~, .~') A -~~bJCo.u ,£,,~ • Notary Public, personally appeared EDt .,_10 U) ,r;. (~ ... ~ 1 VtCL ~c{a4 ,
personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
ST A TE OF CALIFORNIA
COUNTYOF'/'lA.o._1.'~
)
) ss
)
OW, I/\L l~ , 200:1, before ..
(SEAL)
Notary Public, personally appeared _L.!.!' "~~.b.:..~~~~~.:U~-lL-~:___µ~~l.lUA.A:___ personally known to me ( or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person( s ), or the entity upon behalf of which the person( s) acted, executed the instrument.
WITNESS my h d and official seal.
,
(SEAL)
SDH\30447.0001\36273l.4 6/7/2007 -17-
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EXHIBIT "1"
CONDOMINIUM ASSOCIATION PROPERTY
The ':Association Property" as defined and described in the Condominium Plan recorded on .:::fun., -c51,7 _, 2007, as Instrument No. ol/JIJ7-t75$'tJ.;24'"~uch Association Property includes, without limitation, Common Walls, other bearing walls, roofs, all other structural elements of the buildings in which the Condominium Units are located; the parking and landscape areas located on Lots 1 and 2 of Tract 18083; the water and sewer systems serving such Lots 1 and 2 ( excluding storm drain catch basins and related filter systems located on Lot 1 ); and the exterior lighting located on Lots 1 and 2.
The parkway landscaping within the right-of-way bordering Lots 1 and 2 of Tract 18083.
The Condominium Association Property includes for maintenance purposes the "City Property" as defined in, and subject to the terms and conditions of, the Easement Deed and Agreement between Declarant and the City of San Bernardino recorded in the Official Records of San Bernardino County, California, on Oct. ~ , 200·6, as Instrument No. 20DD-O<c8~03S-:
The Individual Building Fire Water Systems (including, without limitation, monitoring equipment) for Lots 1 and 2 of Tract No. 18083.
SDH\30447.0001\362731.4 6/7/2007
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SDH\30447.0001\362731.4 6/7/2007
EXHIBIT "2"
LOADING AND PARKING AREA
Packet Page. 247
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EXHIBIT 2 - LOADING AND PARKING AREAS
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--
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----
DATE: 4.27.2007
Packet Page. 248
EXHIBIT "3"
PERCENTAGE SHARE OF CONDOMINIUM COMMON EXPENSES
Percentage Share of
Condo Unit Condominium Common Ex~enses
A-1 6.20%
A-2 3.06%
A~3 3.10%
A-4 3.10%1
A-5 3.06%
A-6 3.06%
A-7 3.08%
A-8 3.08%
A-9 3.06%
A-10 3.06%
A-11 3.10%
A-12 3.10%
A-13 3.06%
A-14 5.33%
B-1 6.65%
B-2 3.15%
B-3 3.19%
B-4 3.19%
B-5 3.15%
B-6 3.15%
B-7 3.17%
B-8 3.17%
B-9 3.15%
B-10 3.15%
B-11 3.19%
B-12 3.19%
B-13 3.15°/o
B-14 6.90%
Total 100%
SDH\30447.0001\362731.4 6/7/2007
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EXHIBIT B
AGREEMENT OF ALL PARTIES TO COFAS
Packet Page. 250
From: Susan Kang
To: Craig Furniss; Scott Furniss
Cc: [email protected]; Brandon Smith
Subject: Fwd: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Date: Thursday, August 18, 2022 4:54:22 PM
Attachments: image002.png
Craig- please see submittal from ADESA. Again, we will agree to your conditions. Please provide us with a letter we can provide to city planning. Thank you.
Kind Regards,
Susan Kang
Co-Founder
*please excuse any typos as this was sent from my phone* T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]
CONFIDENTIALITY NOTICE
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution
is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.
From: Brandon Smith <[email protected]>
Sent: Thursday, August 18, 2022 4:44 PM
To: Gustavo Orozco <[email protected]>; Susan Kang <[email protected]>; Alberto De Santiago <[email protected]>; Ignacio Varela <[email protected]>
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
Gustavo,
I just sent an email to everyone with the necessary responses. As discussed, ADESA has agreed to the conditions as proposed by Craig (ref: 9/1/22) date and I have updated the letter to say that.
Please also realize, getting the posts up are CRITICAL. Susan noted that there MAY (not guaranteed) leniency from Craig if progress is shown.
Get those post up immediately, have Maya coordinate directly with Ed at SGE to ensure he does Packet Page. 251
EXACTLY what is shown in the drawing.
Thank you,
Brandon Smith
Director of Operations
DPS Process Solutions
(c) 949.358.0755
www.disruptiveprocesssolutions.com
From: Gustavo Orozco <[email protected]>
Sent: Thursday, August 18, 2022 1:53 PM
To: Brandon Smith <[email protected]>; Susan Kang <[email protected]>; Alberto De Santiago <[email protected]>; Ignacio Varela <nacho@practicalsolutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Hey Brandon,
Sorry for not being able to answer earlier, we were in a meeting and just got out… We understand everything and also we understand that the association will not put anything written for the city until we agree to their 9 points…
As Carig says we agree to the 7 first points but we would like to request if it’s possible as a favor to start this until 9/8/2022… we know beforehand that everything with Airgais will be ready until 9/20/2022 so it is a lot of Money that Adesa needs to pay to association, let’s try it and see if they are willing to cooperate with one extra week, if not we’ll have to agree, we have no other choice… hopefully they will understand…
Regards.
Packet Page. 252
From: Brandon Smith <[email protected]>
Sent: Thursday, August 18, 2022 9:44 AM
To: Susan Kang <[email protected]>; Gustavo Orozco <[email protected]>; Alberto De Santiago <[email protected]>; Ignacio Varela <nacho@practicalsolutions.us> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Gustavo,
I suggest we agree to 9/1 and proceed with EZ pad procurement. Let’s move as fast as we discussed with AirGas and then eventually, plan check will occur.
Brandon Smith
Director of Operations
DPS Process Solutions
(c) 949.358.0755
www.disruptiveprocesssolutions.com
From: Susan Kang <[email protected]>
Sent: Thursday, August 18, 2022 12:39 PM
To: Brandon Smith <[email protected]>; [email protected]; 'Alberto de Santiago' <[email protected]>; Ignacio Varela <[email protected]> Subject: Re: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Brandon, that’s not how I read Craig's email. He is not lifting his block with the planners for ADESA, esp without an agreement with us. So that needs to be step 1 in my opinion.
ADESA- Craig sent the email Mon. It's Fri now! Please respond to my 8/15 email.
Thank you.
Kind Regards,
Susan Kang
Co-Founder
*please excuse any typos as this was sent from my phone* T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]
CONFIDENTIALITY NOTICE
Packet Page. 253
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information.
Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.
From: Brandon Smith <[email protected]>
Sent: Thursday, August 18, 2022 9:30:43 AM
To: Susan Kang <[email protected]>; [email protected] <[email protected]>; 'Alberto de Santiago' <[email protected]>; Ignacio Varela <[email protected]>
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
Susan,
The City will need something in writing from the Association to permit plan checking on the EZ Pads.
ADESA is willing to install the EZ Pad design with the understanding it’s “not permitted” right away, but the Association will need to communicate to the city that it’s ok to review the plans.
Brandon Smith
Director of Operations
DPS Process Solutions
(c) 949.358.0755
www.disruptiveprocesssolutions.com
From: Brandon Smith
Sent: Thursday, August 18, 2022 12:26 PM
To: Susan Kang <[email protected]>; [email protected]; 'Alberto de Santiago' <[email protected]>; Ignacio Varela <[email protected]> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Alberto/Gustavo,
Your call here. But make the call quick.
Brandon Smith
Director of Operations
Packet Page. 254
DPS Process Solutions
(c) 949.358.0755
www.disruptiveprocesssolutions.com
From: Susan Kang <[email protected]>
Sent: Thursday, August 18, 2022 12:18 PM
To: [email protected]; 'Alberto de Santiago' <[email protected]>; Ignacio Varela <[email protected]>; Brandon Smith <[email protected]> Subject: Fwd: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital See below and Please let me know today. He will not move on the 9/1 deadline.
You guys are moving too slow!
Kind Regards,
Susan Kang
Co-Founder
*please excuse any typos as this was sent from my phone* T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]
CONFIDENTIALITY NOTICE
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information.
Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.
From: Craig Furniss <[email protected]>
Sent: Thursday, August 18, 2022 6:45:46 AM
To: Susan Kang <[email protected]>
Cc: [email protected] <[email protected]>; Scott Furniss <[email protected]>; 'Alberto de Santiago' <[email protected]>; Brandon Smith <[email protected]>
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
HI Susan
Packet Page. 255
Please note that the first 7 conditions are precisely the same as what you and Adesa already agreed to in the attached Administrative Development Permit with the City of San Bernardino (see conditions 19-25 on page 6 of the attached permit from the City). Nothing new here. Additionally, we will require Condition of approval #26 be observed from the permit: “WBCA requires 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.” I am sure you and Adesa are already aware of this requirement but I am repeating it here to make sure.
There is nothing new here, other than the changes Adesa is making. We don’t understand why it is taking so long to respond especially given the limited time to complete the improvements.
Please respond today. Extensions to the September 1 date will not be granted.
Thanks
Craig
From: Susan Kang <[email protected]>
Sent: Wednesday, August 17, 2022 9:18 AM
To: Craig Furniss <[email protected]>
Cc: [email protected]; Scott Furniss <[email protected]>; 'Alberto de Santiago' <[email protected]>; Brandon Smith <[email protected]> Subject: Re: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Craig, I’m in connect with ADESA. We are aligning on your concerns and the 9 conditions. We will get back to you soon.
Thanks
Susan
*please excuse any typos as this was sent from my phone* T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]
CONFIDENTIALITY NOTICE
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information.
Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.
From: Craig Furniss <[email protected]>
Sent: Wednesday, August 17, 2022 9:05:51 AM
To: Susan Kang <[email protected]>
Cc: [email protected] <[email protected]>; Scott Furniss <[email protected]>
Packet Page. 256
Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
Susan
I left a voicemail for you earlier this week. I have not heard back from you regarding my email from Monday. Time is of the essence in this matter. Please respond.
Thank you
Craig
From: Craig Furniss
Sent: Tuesday, August 16, 2022 12:14 PM
To: Susan Kang <[email protected]>
Cc: [email protected]; Scott Furniss <[email protected]> Subject: RE: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Our field measurement this morning indicates that the dimension shown as 15’4” by us on the marked up SP2 plan (from face of existing curb to the edge in line with the curb in the parking lot) is actually approximately 16’ so you should be able to have as much as 14” from the face of curb to the post (this is the dimension we label as 6” or greater). Please verify but if true, there should be no issue here. Please show requested dimensions on updated plan submitted for approval.
From: Craig Furniss
Sent: Monday, August 15, 2022 2:22 PM
To: Susan Kang <[email protected]>
Cc: [email protected]; Scott Furniss <[email protected]> Subject: 379 E Industrial Rd Exterior Improvements - Comments RE: Final submital Susan:
Thank for the more complete submittal. Unfortunately, it does not address the comments in our August 4, 2022 email to you in the following respects:
1. Modified Slab Design is still proposed – the submittal still proposes a new slab design requiring a higher (12.5’) screen wall and a resubmittal to San Bernardino. Revisions from the prior submitted plans are not highlighted as we requested.
2. Distance Between Columns and curb not shown on Detail 1 of SP2 as we specifically requested. Please see attached mark up. Please field verify the minimum existing dimension in the field of 15’4”. We believe the enclosure will protrude 4” beyond the curb into the parking lot toward the building. Is this acceptable to you and the city? WBCA will allow this 4” protrusion. Please show this accurately on the plan. We require a minimum of 6” from edge of column to the curb as shown in the mark up. The post is 5” wide. An alternative Packet Page. 257
might be to mount the posts on the curb if you are not able to protrude the enclosure into the parking lot.
3. Tree Type and Root Barrier on LP-1/Trees - The following note was added to LP-1 “Deeproot LB 18‐2 Linear Root Barrier, 18” Deep x 24” Long segments, installed per manufacturer’s instructions”. Deeproot has a linear root barrier system called “UB” (not LB). Is this what is being specified? If so, we request Deeproot “UB 36-2” be used so that a 36” root barrier is created. Additionally, please show the linear placement of the root barrier to be, at a minimum, the “L” shape root barrier system we marked on LP-1. Finally, we noted that Catalina Cherry has been specified for the tree replacement for the Ficus. Would you please discuss with your landscape architect the use of five 24” box Photinia x Faseri (Red Robin) instead? If used, the Photonia should be spaced 2.5’ apart (this would make a 12.5’ wide hedge) and centered on the 14’ wide enclosure wall. The photinia should be a minimum of 2’ from the transformer wall and 2’ from the trash enclosure wall. The concern with the Catalina Cherry is that it bears fruit (which could attract rodents and foul the storm drain trench). Catalina Cherry trees also grow to 40’ high. We are told that Photinia are drought tolerant and grow 9-12’ tall. We are open to input from your landscape architect on this but feel Photinia might be a better fit.
If the applicant (Building Owner S&E Investments) agrees to the 8 conditions of approval below (which will be incorporated into an approval letter acknowledged by Owner (S&E Investments)), then for the sake of expediting the resolution of this issue, we will agree to allow the modification to of what you refer to as “EZ Slab” and the higher 12.5” enclosure wall if you (S&E Holdings). (Note the first 7 conditions below are already included in Adesa’s Administrative Development Permit with the City of San Bernardino.) Our final approval (if issued) will include an agreement between the Building Owner (S&E Investments) and the Waterman Business Owners Association (WBCA) with a complete set of plans attached evidencing this acceptance.
1. Applicant and any of its tenants shall ensure that all its vehicles and those of its employees and visitors park only on the 379 E Industrial Road lot and do not park on any other owner’s property without a written agreement in place with that owner.
2. 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 site outside of these hours.
3. 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.
4. Applicant agrees to install and maintain landscaping (including proper irrigation) to screen views from adjacent property in accordance with the plans approved by Waterman Business Center Association (WBCA).
5. Applicant agrees to properly and promptly dispose of all waste to minimize odors and pests.
6. No utility lines will be mounted on the exterior of the building.
7. 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.
8. As requested numerous times by WBCA, Applicant shall remove the unapproved LIN that is currently on the property no later than 9/1/22. For each day of delay beyond this date, applicant (owner of building) shall pay WBCA $250/day for the first 7 calendar days, $500/day Packet Page. 258
for the next 7 calendar days, and S1,000 for any days beyond 14 calendar days.
9. All costs of WBCA plan reviews are paid current and any future costs associated with plan review and construction compliance or delays (per #8 above) are paid within 30 days of invoicing.
Thank you
Craig
Craig Furniss
Waterman Business Center Association
By: Seventh Street Development, its manager
328 E Commercial Road #107
San Bernardino, California 92408
Phone: 562/427-7718
Fax: 562/427-7774
Email: [email protected]
From: Susan Kang <[email protected]>
Sent: Friday, August 12, 2022 2:46 PM
To: Craig Furniss <[email protected]>; Scott Furniss <[email protected]> Cc: [email protected]
Subject: Fwd: Final submital
Sorry about that. Here are the attachments.
Kind Regards,
Susan Kang
Co-Founder
*please excuse any typos as this was sent from my phone* T:: (909) 370-0155
D:: (909) 498-2471
F:: (909) 370-0151
E:: [email protected]
CONFIDENTIALITY NOTICE
This email message and any attachments are for the exclusive use of the intended recipients and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution
is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message along with any attachments, from your computer system.
Packet Page. 259
From: Gustavo Orozco <[email protected]>
Sent: Friday, August 12, 2022 2:41:02 PM
To: Susan Kang <[email protected]>
Subject: Final submital
THIS IS AN EXTERNAL EMAIL!
Do not open attachments or click on links from unknown senders or unexpected emails. - IT Support
Here you go Susan…
Regards.
Packet Page. 260
EXHIBIT C
WBCA CIRCULATION LAYOUT
Packet Page. 261
Packet Page. 262
ATTACHMENT H
RESPONDENT (ADESA) STATEMENT WITH EXHIBITS
Packet Page. 263
CARNEY MEHR
A law firm
Kendra L. Carney Mehr
23 Corporate Plaza Drive, Suite 150
Newport Beach, CA 92660
(949) 629-4676
[email protected]
September 30, 2024
Planning Commission
City of San Bernardino
Vanir Tower
290 North D Street
San Bernardino, California 92401
via Mike Rosales
[email protected]
Sent via email
Re: Address: 379 E. Industrial Road, San Bernardino
Appeal No.: AP 24-05
Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20
To the Honorable Members of the Planning Commission:
This response to the Appeal of the July 20, 2023, Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20 is submitted on behalf of S&E Investments, LLC (“S&E”) and Adesa International, LLC (“Adesa”), owner and tenant, respectively (“Respondents”), of 379 E. Industrial Road in the City of San Bernardino (the “Property”).
Request to Continue the Hearing
The present appeal was submitted by the Waterman Business Center Association (“WBCA”) on September 4, 2024, to challenge the Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20 issued July 20, 2023. The Respondents Packet Page. 264
2 were notified of the appeal the following week, on September 10, 2024. At the same time, the Respondents were informed that the appeal hearing before the Planning Commission would be held October 8, 2024. That same day, September 10th, this office informed the City that Adesa’s counsel would be out of State for business October 6, 2024, through October 9, 2024, and requested the matter be continued to the following Planning Commission meeting. The City denied the request and stated that only the appellant, who does not own or operate the Property impacted by Permit 22-20, could request such a continuance.
Respondents were provided less than 30 days’ notice of the hearing before the Planning Commission, are unable to have their counsel present, and hereby renew their request to the Planning Commission to continue this hearing to the next available date.
Summary of Opposition
As discussed in greater detail below, Respondents oppose the appeal for the following reasons:
1. The appeal is untimely.
2. There is no nexus between the permit and the conditions the WBCA seeks to impose.
3. The conditions the WBCA seeks to impose are outside the scope of the relative CC&Rs and would cause the Respondents to be treated differently from all other owners/operators within the business center.
4. The grounds and evidence submitted by the WBCA are misleading.
5. The allegations made by the WBCA are best addressed between the WBCA and Respondents without burdening the City.
Background
The Property
The Property consists of a 0.83-acre parcel improved by a 16,237 square-foot industrial warehouse. The lot includes designated parking spaces and is accessed by a standalone private driveway contained within its own parcel that is not otherwise designated as a Common Driveway pursuant to the Association’s CC&R’s. To be clear, the entirety of the lot is owned and used by the Respondents. The lot does not include common area apart from shared utilities such as drainage. The Property is highlighted on the Plat Map shown here:
Packet Page. 265
3 Furthermore, Exhibit “C” to the Association’s CC&Rs shows that the Property is accessed by a designated private driveway, not a Common Driveway:
Packet Page. 266
4 Original Administrative Development Permit 22-20
When Adesa leased the Property, Adesa obtained a business license and utilized a temporary nitrogen tank to quick-freeze their fresh food products to allow for a longer shelflife. Adesa applied for Administrative Development Permit 22-20 in order to install a permanent nitrogen tank for this same purpose.
During the application process, Adesa sought the approval of the WBCA for the construction. The WBCA agreed to approve the improvement but sought to impose multiple conditions in addition to the City’s conditions. Adesa initially acquiesced to the WBCA’s additional conditions because Adesa understood them to be restrictions limited to the duration of construction.
The conditions demanded by the WBCA were included as Condition Nos. 20 through 26 to Administrative Development Permit 22-20, issued June 22, 2022, and shown here:
Following completion of construction of the improvement, Adesa learned that WBCA intended for the conditions to be permanent. Adesa, through this office, contacted the City and requested an amendment to the permit. On July 20, 2023, the City issued Amended Administrative Development Permit 22-20 which removed all seven conditions required by the WBCA. The amended permit shows conditions 20 through 26 are removed:
Packet Page. 267
5 In a memorandum informing the WBCA of the City’s issuance of an amendment to the permit, the City stated that:
The WBCA received notice of the amendment the same day as the Respondents, July 20, 2023. The WBCA submitted the present appeal September 4, 2024.
Respondents Request Planning Commission Deny the Appeal The Respondents request the Planning Commission deny the appeal for the following reasons:
Packet Page. 268
6 The Appeal is Untimely
WBCA received notice of the Amendment to Administrative Development Permit 22-20 on July 20, 2023, the same day as the Respondents. Further, WBCA sent a letter to the City on July 24, 2023, discussing the same Amendment. However, WBCA’s application to appeal this determination was not submitted until September 4, 2024. 412 days after the actions was taken.
The face of the City's appeal form states "pursuant to Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, an application for appeal must be filed on a City application form within 15 days following the final date of an action, accompanied by the appropriate appeal filing fee."
This accurately reflects Section 19.52.100. Additionally, Section 19.52.140 (Reconsideration) further states that "if more complete or additional facts or information, which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the Department within 15 days following the final date of action." And, on the face of the Amendment itself, the City stated:
The permit became final on August 4, 2023, at which point the Respondents obtained a vested interest in its validity and finality. A gap of 412 days from the time the City took action makes the current appeal untimely. As such, it should not have come before the Planning Commission, and it must be denied.
No Nexus Between the Conditions and the Permit
The Property has a separate, private driveway and dedicated parking lot for its deliveries and employee parking. Additionally, Industrial Road allows public parking without restriction. Despite this, the Association seeks to impose conditions upon S&E indefinitely and Adesa for the duration of its lease, that uniquely burden this particular Property, and only this Property.
In the case of Nollan v. California Coastal Commission, 483 U.S. 825 (1987), the U.S.
Supreme Court determined that a condition of permit approval had to have an “essential nexus” to the proposed project. There is no such nexus here.
Packet Page. 269
7 Specifically, Condition 20, which WBCA now seeks to reinstate, places strict limitations on S&E and its tenants, current and future, in its own, separate and private lot, such that the Property can only allow semi-trucks access to and from the Property between the hours of 9:00 p.m. and 6:00 a.m. WBCA asserts this condition is necessary to “limit the traffic congestion and unnecessary parking associated with the use.” However, the vast majority of the year, Adesa receives an average of three semi-trucks, three times per week with each of these semi-trucks being parked entirely on Adesa’s lot, for an average of 45 minutes. These trucks use the driveway that serves the Property only. It takes less than one minute for semi-trucks to back into the private drive and trucks never park to block traffic in the street. Adesa has submitted videos that show its employees are able to park and exit the parking lot while the semi-truck in parked in the lot for deliveries. And, the streets surrounding the business center, primarily Waterman, Industrial, and Commercial, are common semi-truck thoroughfares regardless of Adesa’s use. Therefore, there is virtually no impact to the remainder of the Association’s properties or their respective parking lots, let alone congestion or any other issue that results in spillover parking.
This condition has no nexus to the use permitted and it unreasonably limits Adesa’s business which relies on deliveries from its vendors that arrive during daytime hours. Adesa is a fresh food manufacturer, its products and ingredients have a short shelf-life, and it does not rely on frozen storage at this location. Adesa’s business model and product do not allow for the ability to require its vendors to deliver only overnight. Adesa is subject to both FDA and USDA requirements. The FDA requirements for safe transport/loading/unloading of perishable food items require that the food items being delivered be maintained at a set temperature during transport/loading/ unloading to avoid contamination or "temperature abuse." The basis for this rule is that:
"Maintaining the desired or ideal holding temperature is a major factor in protecting perishable foods against quality loss during storage and distribution. Quality loss is a function of both time and temperature abuse. Abuse is additive and, even for short periods of time during loading, transit, and unloading, may cause a considerable amount of quality loss by the time the product reaches its destination.
Abuse can result from temperatures that are either too high or too low.
For example, high temperatures cause loss of vitamin C in asparagus, and sugar or sucrose depletion in fresh sweet corn (figure 1). Low temperatures can cause chilling injury to fresh fruits and vegetables.
This may not show up until the product is at the retail store or on the consumer’s table, where failure to ripen properly, off-flavors, discoloration, pitting, and other signs of poor quality may be evident." US food defense guidelines also require loading and unloading of food products take place as close as possible to the site of use (the building) to prevent adulteration of the product.
Packet Page. 270
8 There are USDA inspectors on the property to monitor the process each time the tenant runs production, and they will not allow ingredients to sit on Industrial Road or be carted from the street to the back of the building due to these risks. Finally, this prohibition on deliveries will severely, negatively impact S&E’s long-term ability to lease the Property going forward and the value of rent it will be able to demand should Adesa be forced to vacate.
There is simply no nexus between the condition and the Administrative Development Permit allowing the installation of the nitrogen tank.
Conditions 20 Through 26 Are Outside the Authority of the WBCA and Cause Respondents to be Treated Differently from All Other Owners and Users in the Center WBCA does not provide any authority to show its ability to impose Condition 20 for the improvement. To the Respondents’ knowledge, the condition limiting hours of delivery is not imposed on any other property within the Association. In fact, the Waterman Business Center Rules and Regulations, adopted January 18, 2022, allow for “truck loading and unloading” without restriction as to time of day. The only Association Rule in Article I, Section II pertaining to truck parking and loading states “all truck loading and unloading must be done only on an Owner’s Lot (not in the public street or from another Owner’s Lot) and shall be done in such a way that Common Driveways are not blocked or obstructed when trucks are being loaded or unloaded.” Adesa fully complies with this Rule. While the CC&Rs further address common driveways, as discussed above, loading and unloading at this Property does not require use of a common driveway.
Additionally, a review of aerial photos over time reveals that other properties within the WBCA freely park semi-trucks at various locations in the surrounding parking lots and do so at all hours of the day and night. These images are attached hereto as Exhibit “A.” On its face, this restriction penalizes S&E and Adesa by restricting them from enjoying the same rights and uses as the other properties within the Association. The City is prohibited from imposing discriminatory conditions against S&E and Adesa.
WBCA’s Allegations Are Misleading
To justify its appeal, the WBCA makes the following three allegations:
1. Adesa employees park on adjacent owners’ lots due to lack of parking.
2. Semi-trucks block and que on Industrial Road during business hours; and
3. Trucks block fire lanes.
Respondents provide the following responses:
1. Adesa is aware of one instance in which an employee parked in an adjacent lot since the tank was installed, two years ago. This was an isolated incident in that once, a brand-new employee parked in an adjacent lot, not realizing they were Packet Page. 271
9 required to park in Adesa’s lot or on the street. In actuality, Adesa’s employees are able to navigate around delivery trucks as shown in Exhibit “B”, videos submitted concurrently with this correspondence.
2. Semi-trucks regularly travel on Industrial Road. Very, very few of these delivers to Adesa. The reality is that there are trucking operations immediately across Industrial Road to the North and at the end of the Center to the East:
Adesa instead receives infrequent deliveries by semi-truck, generally three times per week. It takes less than one minute for a semi-truck to reverse into the private driveway. This is shown in Exhibit “C”, a video submitted concurrently with this correspondence.
3. Delivery trucks previously did park at the curb identified as a fire lane, but only at the direction of the WBCA and the City. Exhibit “D” is exhibit created by WBCA and specifically referenced in Administrative Development Permit Condition 20. An image from the document is provided here for convenience:
Packet Page. 272
10 The grounds and evidence submitted by the WBCA are misleading. The single photo of a truck submitted with the appeal allegedly showing a truck blocking the driveway is a still image of a truck in motion. The allegation that Adesa’s employees have interfered with the parking available to one business condo that shares a parking lot with at least 14 other office condos and businesses is made without evidence. And the claim that delivery trucks are suddenly parking in fire lanes without disclosing that the WBCA demanded they do exactly that is disingenuous at best.
The WBCA’s Allegations are Best Addressed By WBCA and Respondents Without Burdening the City.
As the City determined and informed the WBCA more than a year ago, “the conditions being removed are better suited for private negotiation between the Association and the business owner. Not only is it far too late for the City to consider any appeal with regard to this permit, but the grounds alleged are inappropriate. Pursuant to its own CC&Rs and Rules and Regulations, the WBCA is already empowered to address parking, loading, and outdoor storage, among other possible issues. It is not the role of the City to enforce private rules and regulations.
Conclusion
For the foregoing reasons, the Respondents respectfully request the Planning Commission deny the appeal of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20
Best regards,
Kendra Carney Mehr
Principal Attorney
cc:
Thomas J. Speiss III, Snell & Wilmer
Jeffrey M. Singletary, Snell & Wilmer
S&E Investments, LLC
Adesa International, Inc.
Packet Page. 273
EXHIBIT A
ADESA PHOTO LAYOUT
Packet Page. 274
11 EXHIBIT A
March 2019
August 2019
Packet Page. 275
12 April 2020
January 2021
Packet Page. 276
13 August 2021
March 2023
Packet Page. 277
14 February 2024
March 2024
Packet Page. 278
15 March 2024
Packet Page. 279
16 EXHIBIT B
Please see video submitted concurrently with this correspondence.
Packet Page. 280
17 EXHIBIT C
Please see video submitted concurrently with this correspondence.
Packet Page. 281
18 EXHIBIT D
Packet Page. 282
Planning Commission
November 12, 2024 Item 2 Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 Community Development and Housing Department
Packet Page. 283
APPEAL:
Appeal of previously approved Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 in which conditions of approval numbers 20 (twenty) through 26 (twenty-six) were redacted from the original Administrative Development Permit 22-020Located at 379 E. Industrial Road located on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3.
Community Development and Housing Department
Packet Page. 284
LOCATION/ZONING MAP:
Packet Page. 285
AERIAL MAP:
Packet Page. 286
BACKGROUND:
February 2021: Zoning Verification Review for ADESAMay 2022: ADESA applied for ADPMay 2022: WBCA contacts Planning with ConcernsJuly 22, 2022: Administrative Development Permit 22-020 was issuedMarch 2023: ADESA contacted Planning Division ManagementMay 2023: BB&K follow up to the issues with ADESA and the WBCAJuly 20, 2023: Following direction from former management staff.July 24, 2023: The WBCA emails Staff a letter requesting an Appeal of Amendment to Conditions of Approval 23-01. There continues tobe issues to present.
September 4, 2024: The WBCA formally files Appeal 24-05October 8, 2024: Planning Commission Continued item to the 11.12.2024 Meeting Packet Page. 287
ANALYSIS:
• Appellant: Specific grounds for the appeal
Action Sought: Additional Info:
• Respondent:
Action Sought:
Packet Page. 288
Exhibit C from Staff Report
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SITE PHOTOS
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SITE PHOTOS
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ADESA VIDEO EXHIBITS:
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RECOMMENDATION:
Planning Commission Adopt Resolution No. 2024-033:
1. DENYING: Appeal 24-05 thereby upholding the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 OR
Planning Commission Adopt Resolution No. 2024-034:
2. APPROVING: Appeal 24-05 thereby restoring the deleted conditions of approval 20 through 26, included with the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01for Administrative Development Permit 22-020 Packet Page. 293
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Seventh Street Development
_____________________________________________________________________ 328 E Commercial Road, #107
San Bernardino, CA 92408
Tel 562.427.7771
Fax 562.427.7774
January 13, 2025
Via US Mail & Email
Alyssa Blancas
Administrative Assistant
City of San Bernardino – Community Development & Housing Department 290 North “D” Street
San Bernardino, CA 92401
Dear Mr. Rosales:
In response to your email of January 6, 2025, Waterman Business Center Association (WBCA) is providing this response to Appeal 24-06 by ADESA, which you requested be submitted by January 13, 2025. Based on your prior email, it is my understanding that a meeting date for this appeal will likely be scheduled in March. Meanwhile, we continue to study and evaluate this situation and reserve our rights to raise additional points and comments as needed.
Preliminarily, we would like to identify the various entities involved for ease of reference. We are WBCA, which is a building owners association responsible for, amongst other things, enforcing the Waterman Business Center CC&R’s and Rules & Regulations for the 12-building Waterman Business Center. WBCA is not a landlord. WBCA’s manager is Seventh Street Development. The property at issue is located at 379 E Industrial Rd. and is owned by S&E Investments, an association member who has leased its building to ADESA. It should be noted that ADESA is not a tenant of WBCA nor member of WBCA. WBCA receives no financial benefit from ADESA’s tenancy with S&E. The violations and problems at issue have arisen from the complaints from ADEA’s adjacent owners who are also members of WBCA. Currently, WBCA has fined owner S&E for their tenant’s (ADESA’s) violations, and they have over $100,000 of delinquent assessments and related charges. No one from ADESA or S&E attended the Planning Commission Hearing. The appearance was made by attorney Kendra Carney Mehr who apparently represents both ADESA and S&E.
Based on our review, ADESA’s Appeal 24-06 (“The Appeal”) seeks to overturn the Planning Commission’s reinstatement of the conditions to Permit 22-20. The Appeal’s sole challenge to the Planning Commission’s decision is an assertion that WBCA’s appeal was untimely. The sole action sought by the Appeal is: “A resolution of the City Council denying or rejecting the WBCA’s appeal as untimely.” (See Appeal Application 24-06, p. 2). WBCA submits that the untimeliness argument was found to be without merit before the Planning commission and remains without merit today. Thus, the Appeal to the City Council should be denied.
As a starting point, the Appeal purports to rely on Section 19.52.100 of San Bernardino Municipal Code, stating: “An application for appeal must be filed on a City application form within 15 days following the final date of an action, accompanied by the appropriate appeal filing fee.” (See Appeal Application 24- 06, p. 2.) However, the Appeal fails to set forth the entire section referenced and conveniently omits the portions that are fatal to The Appeal. The full text of that section states as follows:
All appeals shall be submitted to the Department on a City application form, and shall specifically state the basis of the appeal. An appeal of a Director or DRC action shall be filed with the Department within 15 days following the final date of action for which an appeal is made. An appeal of a Commission decision shall be filed with the Department within 15 days following the final date of action for which an appeal is made. An appeal of a City Engineer action shall be filed in the office of the City Clerk.
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