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Council pauses decision on Waterman Business Center dispute over 9,000‑gallon nitrogen tank, gives parties 45 days to seek agreement
Summary
The San Bernardino City Council on Sept. 17 continued a heated, quasi‑judicial appeal over conditions attached to an administrative development permit for a 9,000‑gallon liquid nitrogen tank at 379 East Industrial Way. Council closed the hearing and gave the parties 45 days to reach an agreement before the item returns to the council in November.
The San Bernardino City Council on Wednesday closed the public hearing and continued for 45 days an appeal over conditions attached to Administrative Development Permit ADP 22‑020 for a 9,000‑gallon outdoor liquid nitrogen tank at 379 East Industrial Way.
The case centers on whether seven conditions of approval — labeled conditions 20 through 26 and addressing truck parking, ingress/egress, hours of operation and landscaping — should remain on the permit after staff removed them in July 2023. The removal prompted an appeal by the Waterman Business Center Association (WBCA); another party, identified in city materials as ADESA, contested WBCA’s right to appeal as untimely.
The dispute drew more than an hour of testimony from the permit holder’s attorney and from attorneys representing the business‑center association and the association’s manager. ADP 22‑020 was originally issued in June 2022; the city issued an amended permit on July 20, 2023 that removed the contested conditions and the city stated the amendment became final on Aug. 4, 2023 unless an appeal was timely filed.
Attorney Kendra Carney Mayer, representing the…
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