RESOLUTION NO. 2024-034-PC
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
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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
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
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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.
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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 owners), 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. 4 RESOLUTION NO. 2024-034-PC
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. 3r° 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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Street Name Dedication of Right of Way Curb Line(ft)
(ft.) from centerline
30' Existing 19't/- Existing
Industrial Parkway No Dedication None-Proposed
(0141-581-03-0000) "Local Industrial"
Per General Plan
b. Industrial Road-TI=5.5:
Placement of the tank shall not be within the existing or any future rights- of-way.
її) 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".
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.
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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. : The applicant must post a performance bond prior to issuance of the off-site permi The amount of the bond is to be determined by Public Works Departmen
8. 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.
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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.
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.
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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.
Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. 9 RESOLUTION NO. 2024-034-PC
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
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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, CEOA determination, and subjec 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 12'h day of November 2024.
Usherick
Lisa Sherrick, Chairperson
San Bernardino Planning Commission
ATTEST:
Gabriel Elliott, Planning Commission Secretary
City of San Bernardino, California
11 RESOLUTION NO. 2024-034-PC
CERTIFICATION:
1, 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 12"' day of November 2024 by the following vote, to wit:
AYES: Sherrick, Daily, Lopez, I. Garcia, Flores, Armstead NOES: Quiel
ABSENT: Karaiscos
ABSTAIN: O. Garcia
Alysiat
Alyssa Blancas, Recording Secretar
City of San Bernardino, California
12