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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development and Housing Department: Community Development and Housing
Subject: Appeal 25-07 for Conditional Use Permit 23-01 & Public Convenience or Necessity 23-01 (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action:
1. Adopt Resolution No. 2025 - 380 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 25-07, thereby upholding the Planning Commission’s denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 and not allowing the request for an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) License within an existing, approximately 1,434 square-foot Arco gas station and convenience store, located at 189 W. Highland Avenue (APN: 0146-013- 25) within the Commercial General (CG-1) zone (Attachment 1).
OR
2. Adopt Resolution No. 2025- 381 of the Mayor and City Council of the City of San Bernardino, California, approving Appeal 25-07, thereby overturning the Planning Commission’s denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 to allow the request for an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) License within an existing, approximately 1,434 square-foot Arco gas station and convenience store, located at 189 W. Highland Avenue (APN: 0146-013- 25) within the Commercial General (CG-1) zone (Attachment 2).
City Manager's Comments
The Planning Commission voted 6-1 to deny the CUP. Based on their vote and findings, I defer to the Planning Commission’s decision.
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Executive Summary
Appeal 25-07 involves the Planning Commission’s denial of a Conditional Use Permit (CUP) and issuing a Public Convenience or Necessity (PCN) letter for a Type 20 (Off- Sale Beer & Wine) Alcoholic Beverage Control (ABC) license to the existing gas station and convenience store (‘Arco’) at 189 West Highland Avenue. The Planning Commission’s denial prevents the gas station and convenience store from selling beer and wine at their location. This decision was based on there being an overconcentration of ABC licenses in the area, the site’s proximity to other establishments, and the crime rate statistics for that district. The applicant is requesting the City Council to approve the appeal and overturn the Planning Commission’s denial of CUP 23-01 and PCN 23-01, which would allow them to sell beer and wine at their location.
Background
On July 10, 2025, City Staff recommended denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01, which requested the approval of a new Type 21 (Off-Sale General) license. This recommendation was not based on the type of license being requested but on the site’s location within a reporting district that exceeds the average City-wide crime rate and did not meet locational restrictions. The Planning Commission continued the item to August 12, 2025 to be heard as a Type 20 (Off-Sale Beer & Wine) license.
At the Planning Commission meeting of August 12, 2025, the Commission voted to adopt Resolution No. 2025-033 – PC, therefore denying the request for a Type 20 license based on the Findings of Fact. The Motion to approve Staff’s Recommendation for denial passed by 6 – 1 vote.
On August 27, 2025, the applicant filed an appeal (Appeal 25-07) consistent with the City’s requirements for appeals enclosed in Section 19.52 (Hearings and Appeals).
Discussion
Appeal Grounds
The applicant’s appeal was based on the following:
1. Conditions of approval can be used to mitigate the site’s sale of alcohol in a high crime area, proximity to sensitive uses, and any potential alcohol related issues.
2. An overconcentration of licenses within a given subject census tract has become industry standard.
Project Description/Analysis
Pursuant to the requirements of Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the applicant and their representative, Erika Diaz, are requesting the approval of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 to permit the sale of alcoholic beverages with a Type 20 (Off-Sale Beer & Wine) License from the Department of Alcoholic Beverage Control at an existing Arco gas station and convenience store.
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The project site is approximately 0.38 acres, located at 189 West Highland Avenue on the southeast corner of W. Highland Avenue and N. Mountain View Avenue (APN: 0146- 013-25) within the Commercial General (CG-1) zone.
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 Arco Gas Station Commercial General (CG-1) Commercial North MT&H Meat Market
Carniceria Commercial General (CG-1) Commercial
South Residential Residential Suburban (RS) Single-Family Residence
East Vacant Commercial General (CG-1) Commercial
West 7-Eleven Commercial General (CG-1) Commercial
The subject site is located within Census Tract No. 0054.00. The California Department of Alcoholic Beverage Control (ABC) reports that Census Tract No. 0054.00 has a population of 6,981 persons and encapsulates approximately 448 acres. ABC’s concentration standards allow for a maximum of five (5) off-sale licenses. There are currently seven (7) active off-sale licenses within this census tract resulting in an overage of two (2) off-sale ABC licenses in the subject census tract.
Per Section 19.06.030(2)(B)(Article II)(Section III)(I)(2) (Commercial Zones Specific Standards – Alcohol Beverage Sales – Locational Restrictions) of the Development Code, proposed alcoholic beverage sales activities that are within 500 feet of an existing alcoholic beverage sales activity is cause for denial based on potential adverse effects to the public’s interest, health, safety, or convenience. ‘Green Shack Market Place’ holds License No. 184851, which is a Type 21 (Off-Sale General) license and is 55.00 linear feet from the subject ‘Arco’. The Type 20 (Off-Sale Beer & Wine) license which is 82.80 linear feet from the subject site is held by ‘7 Eleven’ under License No. 511544. Both licenses are within the 500-foot locational restriction of proposed alcoholic beverage sales activities.
Per Section 19.06.030(2)(B)(Article II)(Section III)(A)(2) (Commercial Zones Specific Standards – Alcohol Beverage Sales – Locational Restrictions) of the Development Code, new alcoholic beverage licenses are prohibited within 500 feet of a place of worship or religious institution. However, service stations may be exempted from these locational restrictions, subject to evaluation of site-specific conditions through the CUP review process and considering recommendations from the Police Department. The proposed use is located within 500 feet of two (2) places of worship or religious institutions.
Specifically, the subject ‘Arco’ is 124.30 linear feet from ‘Iglesias de Restauración San Bernardino’ and 334.20 linear feet from ‘La Luz del Mundo’, both of which are within the 500-foot threshold of a sensitive land use.
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Table 2, below, provides the distances in relation to the proposed project, all of which are basis for denial per Section 19.06.030(2)(B)(Article II)(Section III) (Commercial Zones Specific Standards – Alcohol Beverage Sales – Locational Restrictions) of the Development Code:
TABLE 2 – Distance from Sensitive Land Uses
Sensitive Land Use Address Land Use Distance (approx.)
Iglesias de
Restauración San
Bernardino
172 West Highland
Avenue
Place of
Worship/Religious
Institution
124.30 linear feet
(0.02 miles)
La Luz del Mundo 248 West Highland
Avenue
Place of
Worship/Religious
Institution
334.20 linear feet
(0.06 miles)
TABLE 3 – Locational Restrictions
Locational
Restriction
Address Land Use Distance (approx.)
Green Shack Market
Place
(License No. 21-
184851)
163 West Highland
Avenue
Market 55.00 linear feet
(0.01 miles)
7 Eleven
(License No. 20-
511544)
207 West Highland
Avenue
Gas station and
convenience store
82.80 linear feet
(0.01 miles)
Service stations may be considered for an exemption to the distance requirements from specific sensitive uses subject to Conditions of Approval for the mitigation of potential effects to the public welfare. As such, Staff has provided site-specific conditions including limited alcohol sales hours and locked metal coolers (Attachment 2 – Condition 28, 33(d), & 33(e)).
Police Department Review
The Police Department has reviewed the application for the allowance of an Alcoholic Beverage Control (ABC) Type 20 (Off-Sale Beer & Wine) license for the existing gas station and convenience store (Arco) and conducted an investigation based on the information provided and crime statistics within the surrounding area (Attachment 5).
TABLE 4 – Police Department Crime Statistics
City of San Bernardino Subject Reporting District
Total Reporting Districts Average Crimes Per
Reporting District
Part 1 Crimes Part 2 Crimes
219 140 59 81
Of the total crimes, forty (40) were calls for service and two (2) reports were required. 3 0
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As reported by the Police Department, Arco is located within a reporting district that exceeds the City-wide average percentage of crimes by a total of 104.65%. The Police Department does not provide recommendations for approval or denial.
California Environmental Quality Act (CEQA)
In accordance with § 15301 (Existing Facilities), the Planning Division conducted an environmental evaluation in connection with proposed Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 and concluded that the approval of a Type 20 (Off-Sale Beer & Wine) License would not change the current land use (gas station and convenience store) and would therefore not have the potential to cause a significant effect on the environment.
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following:
Land Use Element Policy 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development.
Land Use Element Policy 2.2.9: Require Police Department review of uses that may be characterized by high levels of noise, nighttime patronage, and/or rates of crime; providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses.
The proposed project does not implement the above General Plan goals and policies that the applicant is proposing for Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 due to the adverse impacts on residents and the surrounding uses based on an overconcentration of licenses, the site’s location within a reporting district that exceeds the average City-wide crime rate, and the site’s inability to meet locational restrictions for new alcohol outlets.
Appeal Actions
This staff report has outlined actions previously taken by the Planning Commission and Planning Staff under Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01. The action taken by the City Council could affirm or overturn Planning Commission’s approval of Resolution No. 2025-033 – PC, which denied the request for an alcohol license.
A denial of Appeal 25-07 would uphold the Planning Commission’s denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 for a Type 20 (Off-Sale Beer & Wine) license. The property is located within a reporting district that exceeds the average City-Wide crime rate (Table 4) and did not meet locational restrictions to sensitive uses and other alcohol outlets (Tables 2 & 3). As such, Council’s denial would affirm that the proposed alcohol license is not compatible with existing and potential land uses within the general area.
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An approval of Appeal 25-07 would overturn the Planning Commission’s denial of the proposed Type 20 license. New alcoholic beverage sales proposed at service stations may be exempt from select locational restrictions subject to the approval of a Conditional Use Permit and evaluation of site-specific conditions. Attachment 2, ([Resolution No. 2025-38 (Approval of Appeal’)] includes conditions to mitigate alcohol-related problems that involve the limitation of alcohol sales hours between 6:00 a.m. to 10:00 p.m., usage of locked metal coolers for the storage and display of alcohol products, and restrictions on volume and quantity of alcohol products. Therefore, Council’s approval of Appeal 25- 07 overturning the original denial would assert that these site-specific conditions are sufficient in mitigating any alcohol related issues or nuisances. 2021-2025 Strategic Targets and Goals
Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 could have aligned with Mayor and City Council 2020-2025 Key Strategic Targets and Goals No. 4:
Economic Growth and Development. As the proposed project would have increased overall general sales and provided retail sales tax from the sales of alcoholic beverages to the City of San Bernardino.
Fiscal Impact
There is no fiscal impact associated with Appeal 25-07.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action:
1. Adopt Resolution No. 2025 - 380 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 25-07, thereby upholding the Planning Commission’s denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 and not allowing the request for an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) License within an existing, approximately 1,434 square-foot Arco gas station and convenience store, located at 189 W. Highland Avenue (APN: 0146-013- 25) within the Commercial General (CG-1) zone (Attachment 1).
OR
2. Adopt Resolution No. 2025- 381 of the Mayor and City Council of the City of San Bernardino, California, approving Appeal 25-07, thereby overturning the Planning Commission’s denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 to allow the request for an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) License within an existing, approximately 1,434 square-foot Arco gas station and convenience store, located at 189 W. Highland Avenue (APN: 0146-013- 25) within the Commercial General (CG-1) zone (Attachment 2).
Attachments
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Attachment 1 – Resolution No. 2025-380 (Denial of Appeal) Attachment 2 – Resolution No. 2025-381 (Approval of Appeal) Attachment 3 – Resolution No. 2025-381, Exhibit A – Plans Attachment 4 – Resolution No. 2025-033 – PC (Original Denial, Ratified) Attachment 5 – Police Department Memorandum
Attachment 6 – Appeal Application
Attachment 7 – Environmental Determination – CEQA Exemption Attachment 8 – PowerPoint Presentation
Attachment 9 – Legal Ad 11.05.2025
Attachment 10 – Development Code References
Ward:
Second Ward
Synopsis of Previous Council Actions:
N/A
CC: Eric Levitt, City Manager