City of
SAMARDING CO San' Bernardino
Community and Economic Development Dece: 201 Nor PEstre, Bivilior Mail: 290 North D Street
CINDED HE 19S San Bernardino, CA 92401
P: (909) 384-5567 F: (909) 384-5155
www.sbcity.org
APPEAL APPLICATION
Applications may be filed Monday through Thursday between the hours of 8:00 a.m. and 5:00 p.m. and Friday between the hours of 8:00 a.m. and 4:00 p.m.
Appeal from a decision of the (Check one):
• Community Development Director
• Development/Environmental Review Committee
• Planning Commission
Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20 Case Number:
379 E. Industrial Road
Project Address / Location:
Adesa International, LLC and S&E Investments, LLC
APPELLANT NAME:
Address: 1440 S. Vineyard Avenue Phone: 949-975-9412
City: Ontario State: CA 92705 Email: [email protected] - Zip Code:
CONTACT PERSON NAME: Kendra Carney Mehr, Carney Mehr, ALC 23 Corporate Plaza Drive, Suite 150 Phone: 949-629-4676 Address:
Newport Beach State: CA _ Zip Code: 92660 Email:_ [email protected] City:
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 action, accompanied by the appropriate appeal filing fee.
Appeals are normally scheduled for a determination by the Planning Commission or Mayor and City Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time of the appeal hearing.
Notice of an appeal hearing shall conform to the manner which the original project notice was given. The appellant shall be responsible for all noticing materials required in the original application.
OFFICE USE ONLY
11/25/24 Previous Case: ADP 22-20 AP24 -06
Date Filed: Case Number:
Receipt Number: R2401008/½ Fees Paid: $ 1,026.90 _ Submitted To: — Appeal Application 1 07/2022
PUBLIC HEARING NOTIFICATION PACKET
Radius Map
The radius map is used to identify the properties that will receive written notice of the public hearing for your project.
The radius is drawn at a distance of 1,000 feet from the perimeter of the property/properties for which the application is being filed. All owners and tenants (residential and business) of the properties within or touched by the radius will be notified.
It is important that the radius map, ownership/tenant list, and mailing labels be accurate. Failure to properly notify an affected property owners) or tenants) could cause the project to be delayed and/or potentially require re-noticing and rehearing.
0134- •130 0154518)
N
0236-211-09-+118
SEDUCED
0134-231 0134-341-8
0134-230
0FE5-0-L
0134-3030
DECISIED
VERED O
(C) City of San Bemardino
1,000 Foot Radius Map (Sample)
Fees
Fees to cover the cost of notification and publication shall be required pursuant to the current Planning Division Fee Schedule.
Property Ownership / Tenant List and Mailing Labels
Once the radius map identifies the affected properties, prepare a mailing list and mailing labels. The list of property owners and tenants must be obtained from the latest San Bernardino County Tax Assessment Role. The ownership and tenant list, and mailing labels must be numbered consecutively (as identified on the radius map) and contain the Assessor's Parcel Number (APN) and the name and address of the property owner/tenant.
Any other persons you want to receive a written notice of the public hearing should also be included on the list and on the sets of address labels (e.g., yourself, project architect, engineer, etc.) Two sets of typed or printed labels on 1' × 2 5/8" self-adhesive labels (i.e., Avery #5160) are required.
The following are examples of how the information should appear on the labels. 0151-101-01-0000 1 0151-101-01-0000 1
Sonny Bernard Current Occupant
290 North D Street 290 North D Street
San Bernardino, CA 92401 San Bernardino, CA 92401
Note: To save time and effort, the ownership and tenant list requirement may be met by providing a photocopy of the sheets containing the completed address labels.
Appeal Application 07/2022
Additional information:
Santo patent. seren Date: November 25,2024
Appeal Application 3 07/2022
REQUIRED INFORMATION
Specific action being appealed and the date of that action:
The Planning Commission's Adoption of Resolution 2024-034 approving Appeal 24-05 of Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-020 on November 12, 2024.
Specific grounds for the appeal:
The appeal heard by the Planning Commission was untimely. San Bernardino City Municipal Code Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code states: 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 is also stated on the face of the City's appeal form. Additionally, San Beardino City Municipal Code Section
19.52.140 (Reconsideration) of the City of San Bernardino Development Code states: 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, the face of the City's Amendment to the Administrative Development Permit, the City stated: 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.
The Amendment presented to the Planning Commission on November 12, 2024, became final on August 4, 2023. On August 4, 2023, the Permitee obtained a vested interest in the validity and finality of the Amended Permit. The Permitee was not even informed that the appellant had ever responded to the permit amendment until September 10, 2024 - again, more than a year after the permit became final.
A total of 412 days passed between the final action and the appellant submitted this appeal. The appeal was untimely and must be denied. In fact, the appeal should not have been heard by the Planning Commission at all.
Allowing appeal to go forward compromised the Permite's due process and vested property right in the Amended Permit. For the Planning Commission to do anything other than deny the appeal is a violation of longstanding California law.
Finally, a city generally does not serve to enforce private association regulations. If anything, the Association's desire to enforce regulations outside of its CC&Rs or bylaws is a dispute between private parties that should be resolved by the parties in a civil matter. As the staff report for this matter stated, your City staff also concluded that: "staff removed conclusion is the same. These parties may address the association's overreach of its authority apart from this permit.
Action sought: A resolution of the City Council denying or rejecting the WBCA's appeal as untimely.
Appeal Application 2 07/2022
CM
CARNEY MEHR LAW
Kendra L. Carney Mehr
23 Corporate Plaza Drive, Suite 150
Newport Beach, CA
(949) 629-4676
[email protected]
November 25, 2024
City of San Bernardino
Community and Economic Development Department
Planning Division
201 North E Street, 3rd Floor
San Bernardino, CA 92401
Personally Delivered
Re: Appeal to City Council re Planning Commission Resolution 2024-034 To the City of San Bernardino Planning Division of the Community and Economic Development Department:
Please find enclosed a complete application including the appeal form, filing fees, the public hearing notification packet, and fees for noticing and publication to appeal Planning Commission Resolution 2024-034 to the City Council.
Please contact the undersigned should you require any additional information or clarification.
Best regards,
porchem
Kendra Carney Mehr
Principal Attorney
City of
San Bernardino
Community and Economic Development Department • Planning Division Office: 201 North E Street, 3r° Floor
Mail: 290 North D Street
CENTED NY 18I0 San Bernardino, CA 92401
P: (909) 384-5567 F: (909) 384-5155
www.sbcity.org
APPEAL APPLICATION
Applications may be filed Monday through Thursday between the hours of 8:00 a.m. and 5:00 p.m. and Friday between the hours of 8:00 a.m. and 4:00 p.m.
Appeal from a decision of the (Check one):
• Community Development Director
• Development/Environmental Review Committee
X Planning Commission
Case Number:
Project Address / Location: 379 E. Industrial Road, San Bernardino, CA 92408 APPELLANT NAME: Waterman Business Center Owners Association Address: 328 E. Commercial Road #107 Phone: 562-427-7724 City: San Bernardino State: CA Zip Code: 92408 Email: [email protected] [email protected] CONTACT PERSON NAME: Scott Furniss
Address: 328 E. Commercial Road #107 San Bernardino, CA 92408 Phone: 562-427-7724 City: San Bernardino State: CA 92408 Email: [email protected] [email protected] - Zip Code:
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 action, accompanied by the appropriate appeal filing fee.
Appeals are normally scheduled for a determination by the Planning Commission or Mayor and City Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time of the appeal hearing.
Notice of an appeal hearing shall conform to the manner which the original project notice was given. The appellant shall be responsible for all noticing materials required in the original application.
OFFICE USE ONLY
Date Filed: 9/4/2024 Previous Case: N/A Case Number: AP24-05 Receipt Number: Fees Paid: $ 447.20 . Submitted To:
Appeal Application 07/2022
REQUIRED INFORMATION
Specific action being appealed and the date of that action: In a letter dated July 20, 2023 The Planning Division of the City of San Bernardino redacted 7 conditions of approval within Administrative Development Permit 22-20 on 379 E. Industrial Road (APN:0141-581-03), San Bernardino, CA 92408. These 7 conditions of approval should be reinstated immediately on the Development Permit 22-20 and should never have been removed.
The finding in the letter states that the conditions of approval are "more restrictive than conditions on other businesses Specific grounds for the appeal:
than conditions on other businesses within the business complex." First, these specific conditions were created and mutually agreed to by the building owner, the occupant/tenant, and the Waterman Business Center Owners Association. Second, these conditions were created when this specific building owner installed a 9,000 gallon liquid nitrogen tank on the property. No other business has installed an exterior improvement nor liquid nitrogen tank in their yard. Should the nitrogen tank and other equipment be removed then the conditions of approval would no longer apply. These conditions of approval are necessary for the improvements made by the occupant The Association must ensure its members comply with local, state, and federal laws. Removing conditions of approval on conditions 23 (diposing of waste property 25 (storm drain trench) 26 (fire water main). The user loads during all hours of the day and blocks the fire lane to the building, blocks drivers on Industrial Road, and the occupant's employees park in neighboring building parking lots because their own parking lot is full and inaccessible due to truck loading. The semi-trucks also leave trailers in passenger parking spi Action sought:
The seven 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.
Additional information: Please see the following Exhibits and photos regarding violations at the property.
The neighboring building contains businesses such as Social Vocational Services who offer program for adults with developmental and intellectual disabilities. Staff for this business are having their parking and street to their business blocked by the operator at 379 E. Industrial Road. The Conditions of Approval that were previously in place protected the neighboring businesses and their clients.
The Planning Division did not have the right to make an executive decision to amend these restrictions. seatt of 09-04-2074
Signature of Appellant: Date:
Appeal Application 2 07/2022
PUBLIC HEARING NOTIFICATION PACKET
Radius Map
The radius map is used to identify the properties that will receive written notice of the public hearing for your project.
The radius is drawn at a distance of 1,000 feet from the perimeter of the property/properties for which the application is being filed. All owners and tenants (residential and business) of the properties within or touched by the radius will be notified.
It is important that the radius map, ownership/tenant list, and mailing labels be accurate. Failure to properly notify an affected property owner(s) or tenant(s) could cause the project to be delayed and/or potentially require re-noticing and rehearing.
0134-150 0184-150
N
(0155-111-09+TD
0135-15-25
0134-231 0134-241-Blaci
0134-231 40 e
* 01135-1161-84-538
0134-30120 30 ONCED
USAID O
10134-329 PRECAND
29 (C) City of San Bemardino
1,000 Foot Radius Map (Sample)
Fees
Fees to cover the cost of notification and publication shall be required pursuant to the current Planning Division Fee Schedule.
Property Ownership / Tenant List and Mailing Labels
Once the radius map identifies the affected properties, prepare a mailing list and mailing labels. The list of property owners and tenants must be obtained from the latest San Bernardino County Tax Assessment Role. The ownership and tenant list, and mailing labels must be numbered consecutively (as identified on the radius map) and contain the Assessor's Parcel Number (APN) and the name and address of the property owner/tenant.
Any other persons you want to receive a written notice of the public hearing should also be included on the list and on the sets of address labels (e.g., yourself, project architect, engineer, etc.) Two sets of typed or printed labels on 1" × 2 5/8" self-adhesive labels (i.e., Avery #5160) are required.
The following are examples of how the information should appear on the labels. 0151-101-01-0000 1 0151-101-01-0000 1
Sonny Bernard Current Occupant
290 North D Street 290 North D Street
San Bernardino, CA 92401 San Bernardino, CA 92401
Note: To save time and effort, the ownership and tenant list requirement may be met by providing a photocopy of the sheets containing the completed address labels.
Appeal Application 3 07/2022
CERTIFICATION STATEMENT
, certify (or declare) under penalty of perjury under the laws of the State of California that the attached list contains the names and addresses of all persons to whom property is assessed as they appear on the latest available assessment roll of the County of San Bernardino within the area described, and current tenants (residential and business) of properties within a distance of 1,000 feet from the exterior boundaries of property legally described as:
A notary public or other officer completing this certificate verifies only the identity of the induvial who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
NAME (Printed) SIGNATURE
TITLE DATE
SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF
NOTARY PUBLIC
Appeal Application 07/2022
Attachment 1: Appeal Application Required Information
1. Specific Action being appealed and the date of that action:
In a letter dated July 20, 2023 The Planning Division of the City of San Bernardino removed 7 conditions of approval within Administrative Development Permit 22-20 on 379E. Industrial Road (APN: 0141-581- 03) San Bernardino, CA 92408.
We request the seven conditions of approval be reinstated immediately for Development Permit 22-20 as they were removed without notice or due process. Restoring Condition #20 is of particular importance. The Waterman Business Center Association appealed the removal of these conditions of approval on July 24, 2023 (see attached letter Exhibit 1) within four days of receipt of a letter from San Bernardino Planning that they were removed. After much follow-up, we received a reply this year after the new Community Development Director was appointed and were instructed to resubmit our letter with this application.
2. Specific Grounds for the appeal:
The tenant at 379 E. Industrial Road, San Bernardino is Adesa International ("Adesa"). Since the conditions were removed, the issues these conditions were designed to address have materialized, including Adesa employees parking on adjacent owners' lots due to lack of parking on their own lot and street, semi trucks blocking and queueing on Industrial Road during business hours, and trucks blocking fire lanes. Condition of approval #20 of the Administrative Development Permit is the most vital to be restored. This condition states:
"20. Bobtail and semi-trucks will park, load, and unload only in the areas designated on Exhibit A.
Applicant will limit semi-trucks access/egress to and from the lot to between the hours of 9:00 pm and 6:00 am. No semi-trucks will park on iste outside of these hours." The subject building is a grade level building with limited parking. With the installation of a 35' long 15' wide and 12.5' high liquid nitrogen tank on the lot (which was the subject of the Administrative Development permit), loading of semi-trucks during business hours creates fire lane violations (for which citations have been issued by SBPD), circulation issues on Industrial Road as trucks block the road, and causes employees of Adesa to seek parking off site including on other owners' lots. Limiting semi-truck parking, loading, and unloading to the hours of 9:00 pm to 6:00 am as originally agreed to by the applicant will address this issue.
Attachment 2: Photos of 379 E. Industrial Road Operations Please see the below information:
Photo 1: Installed 9,000 gallon liquid nitrogen tank. No other member of Waterman Business Center has exterior modifications like this.
LOUID NITROGEN
Airgas.
Photo 2: Example of a semi-truck loading during business hours on February 2'd 2024. The truck is blocking Industrial Road and when unloading blocks in Adesa employees parked in the pedestrian stalls.
SmurfitH lapıla
Photo 3: Container dropped in pedestrian stalls (front) with another truck unloading in the background (behind)
adis TiG
Photo 4: Example of a truck loading in a fire lane (curb is red) that is prohibited.
Photo 5: Photo of a truck container dropped in pedestrian spaces in July 2024 causing employees to park in adjacent owners lot.
Photo 6: Photo of a second truck container on the same day as Photo 5 above dropped in pedestrian spaces in July 2024
Photo 7: Site Plan showing two truck containers taking passenger spaces plus the nitrogen tank taking the remaining pedestrian spaces. (See Photo 5 and 6 for reference) 379 E. Industrial Road Containers plus Nitrogen Tank
Attachment 4
Waterman Business Center Association 328 E Commercial Rd #107 San Bernardino, CA 92408
Tel 562.427.7771
Fax 562.427.7774
July 24, 2023 Sent Via Email
mora-rodriguez [email protected]
[email protected]
Ms. Elizabeth Mora-Rodriguez/Mr. Michael Rosales
Associate Planner
City of San Bernardino
Planning Division
201 North "E" Street, 3rd Floor
San Bernardino, CA 92401
RE: Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20 Waterman Business Center
379 E Industrial Rd, San Bernardino, CA 92408
Dear Ms. Mora-Rodriguez and Mr. Rosales:
We are in receipt of Michael Rosales' attached July 20, 2023 letter (Exhibit A) informing us of the removal of important conditions of approval that were part of Administrative Development Permit 22- 20 for 379 E Industrial Rd. We would like to appeal the removal of these conditions and strongly urge the Planning Division to leave Administrative Development Permit 22-20 unchanged. The Administrative Development Permit 22-20 and the associated Condition of Approval 23-01 were created by the City in response to the tenant at 379 E Industrial Rd (Adesa International) requesting (among other improvements) installation of a large liquid nitrogen tank in its yard. This large liquid nitrogen tank was originally installed by the tenant with no permits. After concerns were raised, the City required the applicant to procure Administrative Development Permit 22-20.
As the original developer of the project, we are very familiar with the attached June 2006 original Project Conditions of Approval for the Waterman Business Center (Exhibit B) of which 379 E Industrial Rd is a part. Condition of Approval #6 requires any modification impacting (among other things) on-site circulation and parking, loading and landscaping to refile the original application and for the City to hold a subsequent hearing by the Planning Commission. Additionally, Condition of Approval #8 of the June 2006 original Project Conditions of Approval also requires "any exterior structural equipment... to be architecturally screened by wall or structural element, blending with the building design and include landscaping". Unfortunately, no hearing was held by the City for Administrative Development Permit 23-01, but the City did inform the Waterman Business Center Association and the Conditions of Approval 23-01 were satisfactory to the Association as originally approved.
The addition of a 35' long, 15' wide, 12.5' high liquid nitrogen tank to the yard of the 379 E Industrial Rd building (see Exhibit C for tenant's site plan and elevations of this tank) significantly impacts circulation and parking for the building, modifies existing storm water drainage, removes landscaping & parking stalls and is clearly visible to neighboring tenants and owners (especially the professional office tenants of 350 E Commercial Rd whose storefronts look directly at the location of this liquid Waterman Business Center Association 328 E Commercial Rd #107 San Bernardino, CA 92408
Tel 562.427.7771
Fax 562.427.7774
nitrogen tank). The Conditions of Approval 23-01 that the City is proposing to remove are exactly the conditions added to address these issues. These conditions were agreed to, without protest, by the applicant (tenant Adesa International) and the building owner of 379 E Industrial Rd. Without these conditions, both the Waterman Business Center Association as well as neighboring tenants and property owners would have objected to the installation of the large liquid nitrogen tank.
In the City's letter of July 20, 2023, the City indicates they are removing these seven important conditions of approval in the Administrative Development Permit 22-20 because these conditions "are more restrictive than conditions on other businesses within the business complex." No other tenants have requested or made exterior modifications that impact the June 2006 original Planning Commission approval. When this applicant proposed adding a large liquid nitrogen tank that impacts on-site circulation/parking, loading, storm water drainage, and landscaping and requires screening, the applicant per the 2006 Conditions of Approval is required to reapply for approval and hold a subsequent hearing. The result of this process was Conditions of Approval 23-01. To remove these conditions of approval, compromises the City approval process and removes due process from other stakeholders impacted by the installation of this large liquid nitrogen tank. We would like to have a meeting with City staff to ensure our concerns are addressed. Please call me at your earliest convenience.
The Waterman Business Center Association
By: Seventh Street Development, Inc, its Manager
Craig Furniss
President
City of San Bernardino
BUNDEDIN 1010
Date: July 20, 2023
Attn: Waterman Business Center Association
328 E Commercial Rd #107
San Bernardino, California 92408
From: Michael Rosales, Associate Planner
City of San Bernardino, Planning Division
Subject: Amendment to Conditions of Approval 23-01 for Administrative Development Permit 22-20
Waterman Business Center Association:
After researching the original entitlement for the property located at 379 E. Industrial Road (APN:0141-581-03), the City of San Bernardino has become aware that the conditions of approval within Administrative Development Permit 22-20 placed on 379 E. Industrial Road (APN:0141- 581-03) are more restrictive than conditions on other businesses within the business complex.
The City has determined that such conditions are not required under the business complex's original entitlement conditions or the City's development code restrictions and therefore, the City is removing Conditions of Approval numbers 20-26 within Administrative Development Permit 22-
20. The conditions being removed are better suited for private negotiation between the Association and the business owner. If you have any questions, please reach out to the City of San Bernardino Planning Division. Thank you.
Sincerely
Michael Rosales
Associate Planner
Attachments: AC 23-01 for ADP 22-20
Exhibit "A" ADP 22-20 (original executed copy)
City of
San Bernardino
Community and Economic Development Department | Planning Division
SONDEDIN AND
July 20, 2023
SGE Consulting Engineers
2081 Business Center Drive #105
Irvine, CA 92612
SUBJECT: AMENDMENT CONDITIONS
ADMINISTRATIVE DEVELOPMENT PERMIT 22-20 TO
AMEND THE CONDITIONS OF APPROVAL SET BY THE
CITY OF SAN BERNARDINO PLANNING DIVISION FOR
THE PREVIOUSLY APPROVED PROJECT LOCATED AT
379 E. INDUSTRIAL ROAD (APN: 0141-581-03), WITHIN
THE INDUSTRIAL LIGHT (IL) ZONE.
Dear SGE Consulting Engineers:
The Planning Division has completed its review of application Amendment to Conditions 23-01 for the previously approved project known as Administrative Development Permit 22-20 which was a request to allow 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).
Environmental Determination
eing the decision-making body for the project, the Planning Division has reviewed an considered the information contained in the administrative record for Amendment to Condition:
23-01. 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;
2. The proposed project is categorically exempt from the requirements of the California Environmental Ouality Act pursuant to 15061(b)(3) (Review of Exemption) of the CEQA
3. The application of the categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15061(b)(3); and
4. The determination of CEQA exemption reflects the independent judgment of the Planning Division.
CONDITIONS OF APPROVAL
The approval of Amendment to Conditions 23-01 for Administrative Development Permit 22-20 shall be subject to the following Conditions of Approval:
290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | F: 909-384-5155 | www.SBCity.org City of San Bernardino
1. This approval authorizes the applicant an allowance for the installation of a nine thousand (0,000) 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 (EXHIBIT "A").
Planning Division
The following Conditions of Approval for previous approved Administrative Development Permit 22-20 are redacted from the original approval Administrative Development Permit 22-20 as follows:
20.Bobtail and semi-trucks will park, load, and unload only in the areas designated on Exhibit 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-sereen the Liquid Nitrogen Tank in accordance with the plans approved by WBCA and the metal sereening 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 sereen views from adjacent property in aceordance with the plans to be approved by WBCA.
23.Applicant agrees to properly and promptly dispose of all waste to minimize eders 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 netice (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.
Should you have any questions regarding the approval of Amendment to Conditions 23-01 for Administrative Development Permit 22-020, please contact me directly at (909) 384-5930 or via email at rosales [email protected].
Respectfully,
Michael Rosales
Associate Planner
290 North D St, San Bemardino, CA 92401 | P: 909-384-7272 | www.SBCity.org|@SBCityGov EXHIBIT «A"
Previously Approved Administrative Development Permit 22-20 City of
San Bernardino
Community and Economic Development Department | Planning Division
HANSE DID AND
June 22, 2022
SGE Consulting Engineers
2081 Business Center Drive #105
Irvine, CA 92612
SUBJECT: ADMINISTRATIVE DEVELOPMENT PERMIT 22-20 - A
REQUEST TO ALLOW THE INSTALLATION OF AN
ABOVE GROUND LIQUID NITROGEN TANK AND
EQUIPMENT ENCLOSURE ANCILLARY TO AN
EXISTING INDUSTRIAL BUILDING, ON A PARCEL
CONTAINING APPROXIMATLEY 0.83 ACRES, LOCATED
AT 379 E. INDUSTRIAL ROAD (APN: 0141-581-03), WITHIN
THE INDUSTRIAL LIGHT (IL) ZONE, AND FINDING THE
PROJECT SUBJECT TO CATOGORICAL EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
Dear SGE Consulting Engineers:
The Planning Division has completed its review of your application for a request to allow thi installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosur ancillary to the existing industrial building located on a parcel containing approximately 0.83 acres. The project site is located at 379 E. Industrial Road (APN:0141-581-03). Staff has determined that the proposed project is in compliance with all applicable regulations set forth by Chapter 19.44 (Development Permits) of the City of San Bernardino for the proposed land use.
Environmental Determination
Being the decision-making body for the project, the Planning Division has reviewed and considered the information contained in the administrative record for Administrative Development Permit 22-20. 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 §15301 (Existing Facilities) of the CEQA Guidelines; and
3. The application of the categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2; and
290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | F: 909-384-5155 | www.SBCity.org Administrative Development Permit 22-020
City of San Bernardino
4. The determination of CEQA exemption reflects the independent judgment of the Planning Division.
Findin zs
Section 19.44.040 (Findings) of the City of San Bernardino Development Code requires that Administrative Development Permit applications meet certain findings prior to the approval by the Planning Division. Accordingly, the following findings are provided in support of the approval of Administrative Development Permit 22-20:
1. The proposed development is one permitted within the subject zoning district and complies with all of the applicable provisions of the Development Code, including prescribed development/site standards and any/all applicable design guidelines.
The proposed project involves the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building. The existing use is a permitted use within the Industrial Light (IL) zone, and the proposed project complies will all the applicable provisions of the City of San Bernardino Development Code, including development standards and applicable design guidelines.
2. The proposed development is consistent with the General Plan.
Policy 2.1.1 of the City of San Bernardino General Plan Land Use Element states: "Ensure compatibility between land uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element." The proposed project involves the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building. The proposed project will maintain the integrity of the existing use and will adhere to the standards and regulations of the Development Code without generating impacts on the surrounding land uses. Thus, the proposed project would be compatible with surrounding land uses and maintain the existing site design.
3. The proposed development would be harmonious and compatible with existing and future developments within the zone and general area, as well as with the land uses presently on the subject property.
The location, size, and design characteristic of the proposed installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building on an existing developed commercial site is consistent and compatible within the Industrial Light (IL) zone and the surrounding general area.
4. To piano a f the remistanis Done atten emi for the pat posed detail section
19.20.030(6) of the Development Code.
290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org| @SBCityGov City of San Bernardino Administrative Development Permit 22-020 The installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building Administrative Development Permit 22- 020 is Categorically Exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines because the proposed project meets the required criteria to qualify as "Existing Facility" as defined by Section 15301 of the CEQA Guidelines.
5. There will be no potential significant negative impacts upon the environmental quality and natural resources that could not be properly mitigated.
Administrative Development Permit 22-020 has been evaluated pursuant to the CEQA Guidelines and based upon the fact that the proposal involves the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building, it has been determined that it will not create any negative impacts upon environmental quality or natural resources within the project site or its vicinity.
6. The subject site is physically suitable to the type and density/intensity of the use being proposed.
The installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building will not intensify the density or intensity of the existing use and will be constructed pursuant to the land use regulation and development standards of the Industrial Light (IL) Zone.
7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.
The existing industrial site has been developed with the required public improvements and utilities and the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building would not be detrimental to public health and safety.
8. The location, size, design, and operating characteristics of the proposed development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
The proposal involves the installation of a nine thousand (9,000) gallon liquid nitrogen tank and equipment enclosure ancillary to the existing industrial building, on an existing industrial site that will not create excess noise, nor will it generate significant additional traffic to and from the site. Therefore, the project will not create conditions or situations that may be detrimental to the public interest, health, safety, convenience, or welfare of the City. 290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org|@SBCityGov City of San Bernardino Administrative Development Permit 22-020 Planning Division Action
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 has been 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. 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.
290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org| @SBCityGov City of San Bernardino Administrative Development Permit 22-020
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.
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
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 employces 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 290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org|@SBCityGov City of San Bernardino Administrative Development Permit 22-020
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^ 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.
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:
Dedication of Right of Way Curb Line ft)
Street Name (ft. from centerline
Industrial Parkway 30° Existing 19°+/- Existing
(0141-581-03-0000) No Dedication None-Proposed
"Local Industrial"
Per General Plan
290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org/@SBCityGov •
City of San Bernardino Administrative Development Permit 22-020 b. Industrial Road-TI=5.5:
i) Placement of the tank shall not be within the existing or any future rights- of-way.
The existing curb & gutter, sidewalk, and/or driveway fronting the site are їїї) 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 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 overtlow 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.
I. A temporary construction encroachment permit from Public Works Departmen 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 works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. 290 North D St, San Bernardino, CA 92401 |P: 909-384-7272 | www.SBCity.org|@SBCityGov City of San Bernardino Administrative Development Permit 22-020 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.
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 • 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.
All off-site improvement plans submitted for plan check shall be prepared on the c.
City's standard 24" x 36" sheets. A signature block satisfactory to the City Engineer or his designee shall be provided.
•. The Registered of nicking aige, Mar drainet an he chly ined be and/or Building Official for approval.
€. Electronic files of all improvement plans/drawings shall be submitted to the City Engie per ct Files shal be on D and stil de socalled at the same time tie final nylar drawings are submitted for approval
290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org| @SBCityGov City of San Bernardino Administrative Development Permit 22-020
28. Required Enuineering 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)
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 tee 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. Interrated 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 1s 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 eview by Burrtec. Burrtec' s review of this project is limited to determinin hether it meets Burrtec' s minimum standards for waste and recycling collectio services. Any comments or approvals by Buntec are limited to these minimum standards as they relate to equipment and personnel and do not pertain to th roject's compliance with applicable federal, state and local land use an 290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org| @SBCityGov City of San Bernardino Administrative Development Permit 22-020 Any approvals by Buntec do not warrant or represent that Burtec 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 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. Buntec 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 2021 San Bearine Can americad dead may droudine i a ted try l, 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.
1. 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 frenchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222.
290 North D St, San Bernardino, CA 92401 | P: 909-384-7272| www.SBCity.org|@SBCityGov City of San Bernardino Administrative Development Permit 22-020 San Bernardino Consolidated Fire District
31. All conditions set forth by the County of San Bernardino Fire Department shall be followed.
Please be advised that the decision of the Community Development Director 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. Should you have any questions regarding the approval of Administrative Development Permit 22-020, please contact me directly at (909) 384-5930 or via email at rosales [email protected].
Respectfully,
Will
Michael Rosales
Associate Planner
Planning Division Ma-ager
Attachments: Approved Site Plans
290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org|@SBCityGov
CONSTRUCTION NOTES
PROJECT INFORMATION
PRACTICAL
SOLUTIONS
ECT
INSTALLATION OF 9,000-GAL LIN TANK AND ENCLOSURE
PARKING ANALYSIS
... PARKING SUMMARY
Community &conofc Development Department City of San Bemardino fina Division (
ipproved 4/22/49
Dale: VICINITY MAP SITE PLAN,
NOTES &
PROJECT
INFORMATION
SP1
PRACTICAL
•*: *5:
INSTALLATION OF 9,000-GAL LIN TANK AND ENCLOSURE LOCATAN Adasa International
ADA PARKING STANDARDS
--=+
Coma /&E-slopment Department Ci of San emardino
ENLARGED
AREA OF WORK
proved ELEVATIONB &
Date: DETAILS
SP2
CONSTRUCTION NOTES
INSTALLATION OF 9,000-GAL LIN TANK AND ENCLOSURE Adasa Intamational rir
1286
1) NOPE ENCLOGURE AND (N) TANK LAYOU
PIN MUN9.90
STRUCTURAL
/i San ema: DESAID DESION PARAMETER BCHEDULE LAYOUT,
City: NOTES &
Ironort SPECA DETAILS
Commu: rovion 4/22/22
roved S1
PRATICAL
SOLUTIONS
INSTALLATION OF 9,000-GAL LIN TANK AND ENCLOSURE ROSATION ROTATED M) NO 9,000-CALLON UN TANK TENSION ANCHORAGI
ALIO GALLON LIN TANS ANCHORACE
dnat
3 YARTENO LIN TAN BHA ANCHRADE IND BRIRT (WHERE NECESSARY) City of San Bemardino *velopment Deperiment
1) 1, 2042
Community & F:0
DESIONEO EC
STRUCTURAL
DETAILS
BOLLARDS A
TF. ORCTICAL NTW
S2
ate:
Tiroved,
Diviston F/2/zz ComausT
-Vn. "e
S3 (13) COCOLAN CAP San Bermardino (12) canecno
10) NCONNECTION
DETAILS
ENCLOSURE
L, Nia PLAK, NTW
M9 BASEPLATE 4 IND BASEPLATE E () EIO IE ANCHORADE (6) TP. RETE AGHOR
ROTATSO DOR
LA.
rag Adaptar, cen gemasana CA S04 dasa inta mations LODATIEN AND ENCLOSURE INSTALLATION OF 9,000-GAL LIN TANK 1=*=****-y
iLl ------_
ENLARGED
AREA OF WORK SP2
Semi
& PARKING SPACES TO BE REMOVED
108 Bobtail
9E
49.46₺
•Date:
By:
CITY OF SAN BERNARDINO
COMMUNITY DEVELOPMENT DEPARTMENT
NOTICE OF EXEMPTION
FROM: CITY OF SAN BERNARDINO TO: OFFICE OF PLANNING & RESEARCH Community Development Department 1400 Tenth Street, Room 121 201 N. E Street Sacramento, CA 95814
San Bernardino, CA 92401
CLERK OF THE BOARD
County of San Bernardino
385 North Arrowhead Avenue
San Bernardino, CA 92415
Subject: 815062 Notice of Exemption pursuant to CEDA Guidines Project Title: Administrative Development Permit 22-020 Lead Agency Contact Person: Michael Rosales
Telephone (include area code): (909) 384-5930
Project Location (include county): 950 S. E Street, City of San Bernardino, County of San Project Description: request to allow 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 (LL) zone zone, Ward 3.
Name of Public Agency Approving Project: City of San Bernardino, Community and Economic Development Department
Name of Applicant or Agency Implementing Project: SGE Consulting Engineers Exempt Status: (check one)
İ Ministerial Exemption (§21080(b)(1); §15268)
• Categorical Exemption. State Type & Section Number: §15301 (Existing Facilities) • Statutory Exemption. State Code Number:
• Emergency Project (§21080(b)(3); §15269(a))
] Declared Emergency (§21080(b)(4); §15269(b)(c))
] General Rule - Not Subject to CEOA
Reasons why project is exempt from:. ..The project is exempt from CEDA review under a Class 1 exemption for Existin:
Facilities due to the fact that the project does not constitute more than 50% of building addition to the existing structure.
This is to certify that the record of project approval is available to the public at the Community Development Department, Planning Division, 201 Surf sureet, 3rd Floor, San Bernardino, CA 92401 during regular business hours.
Date: June 22, 2022 Title: Assistant Planner Michael Rosales X Signed by Lead Agency • Signed by Applicant
Date received for filing at OPR: