Resolution No. 2025-380
Resolution 2025-380
November 5, 2025
RESOLUTION NO. 2025-380
A RESOLUTION 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 TO ALLOW 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 CONTAINING
APPROXIMATELY 1,434 SQUARE FEET ON A PARCEL
CONTAINING APPROXIMATELY 0.38 ACRES, LOCATED
AT 189 W . HIGHLAND A VENUE (APN: 0146 -013-25),
WITHIN THE COMMERCIAL GENERAL (CG-1) ZONE.
WHEREAS, on March 10, 2023, pursuant to the requirements of Chapter 19.36 (Conditional Use Permits) and Section 19.06(2)(B) (Commercial Zones Specific Standards – Alcohol Beverage Sales) of the City of San Bernardino Development Code, an application for Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 was duly submitted by:
Applicant: 189 W. Highland, LLC
c/o Erika Dias
110 East Longden Avenue, Suite A
Irwindale, CA 91706
Property Owner: 189 W. Highland, LLC
c/o Erika Dias
110 East Longden Avenue, Suite A
Irwindale, CA 91706
APN: 0146-013-25
Zone: Commercial General (CG-1)
WHEREAS, Conditional Use Permit 23- 01 and Public Convenience or Necessity 23- 01 is a request to allow the sale of alcoholic beverages with a Type 20 (Off-Sale Beer & Wine) License from the Department of Alcoholic Beverage Control (ABC) at an existing, approximatel y 1,434 square feet gas station and convenience store on a parcel containing approximately 0.38 acres; and
WHERAS, the Planning Division of the Community Development & Housing Department has reviewed Conditional Use Permit 23- 01 and Public Convenience or Necessity 23- 01 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and
Resolution No. 2025-380
Resolution 2025-380
November 5, 2025
WHERAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the Planning Division of the Community Development & Housing Department evaluated Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01, and determined that it is not subject to CEQA pursuant to with Section 15061 (b) (3) (Review for Exemption); and WHEREAS, on June 10, 2025, pursuant to the requirements of Section 19.52.040 (Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission opened and continued the duly noticed public hearing for their consideration of the Conditional Use Permit 23-01 and Public Convenience 23-01 to the next regularly scheduled meeting of August 12, 2025; and
WHEREAS, on August 12, 2025, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Conditional Use Permit 23- 01 and Public Convenience or Necessity 23- 01 and at which meeting the Planning Commission considered Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01; and WHEREAS, at the August 12, 2025 Planning Commission meeting – after conducting the public hearing, receiving public testimony, and deliberation by the Commission, Commissioner Benjamin Pratt made a motion seconded by Commissioner Dan Carlone to approve Resolution No. 2025-033 denying Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01; and
WHEREAS, on August 27, 2025, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the applica nt submitted an application for Appeal 25- 07 of the decision taken by the Planning Commission denying Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01; and WHEREAS, on October 25, 2025, 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 owners and tenants of property located within 1,000 feet of the subject property of the holding of a public hearing at which Appeal 25-07 of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 would be considered; and
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Appeal 25- 07 for Conditional U se Permit 23-01 and Public Convenience or Necessity 23-01.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDIO, CALIFORNIA, AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this refence.
Resolution No. 2025-380
Resolution 2025-380
November 5, 2025
SECTION 2. Compliance with the California Environmental Quality Act. As the decision- making body for the project, the Major and City Council have reviewed and considered the information contained in the administrative record of Appeal 25- 07 for Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council find, as follows:
(1) The administrative record has been completed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s Local CEQA Guidelines; and
(2) In accordance with Section 15270 (Projects Which are Disapproved) of the CEQA Guidelines, the Mayor and City Council has determined that consideration of Conditional Use Permit 23-01 and Public Convenience or Necessity 23- 01 is exempt from CEQA due to the fact that the Mayor and City Council is denying Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01; and
(3) The determination of the project’s CEQA exemption reflects the independent judgement of the Mayor and City Council.
SECTION 3. Findings of Fact – Conditional Use Permit 23 -01 and Public Convenience or Necessity 23-01.
Finding No. 1: The proposed alcoholic beverage sales activity establishment is located in a zoning district in which the establishment is a permitted use.
Findings of Fact: The request to allow the establishment of a new Alcoholic Beverage Control license (Type 20 – Off-Sale Beer & Wine) in conjunction with the existing gas station and convenience store is subject to the approval of a Conditional Use Permit (CUP) with the appropriate Conditions of Approval and CEQA determination. The project site is located in the Commercial General (CG - 1) zone and is substantially surrounded by existing commercial uses.
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 prohibits new alcoholic beverage licenses with in 500 feet of a place of worship or religious institution. Service stations may be exempted from these locational restrictions, subject to evaluation of site- specific conditions through the Conditional Use Permit 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. 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 estab lished for sensitive land uses.
Resolution No. 2025-380
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November 5, 2025
Although the proposed alcoholic beverage sales activity is permitted in the Commercial General (CG -1) zoning district subject to the approval of a Conditional Use Permit and may be exempt from select locational restrictions as an existing service station, the overconcentration of licenses in the site’s census tract, its location within a reporting district that exceeds the average City -wide crime rate, and its inability to meet locational restrictions for new alcohol outlets would cause adverse impacts on residents and the surrounding uses.
Finding No. 2: Finding of Public Convenience or Necessity (Business and Professions Code Section 23958.4(b)(2)), if the activity will be located in an area that has been determined by the State of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4 (a).
Finding of Fact: The subject site is located within Census Tract 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. Department of A BC license concentration standards allow for a maximum of five (5) off -sale licenses within the census tract. Currently there are seven (7) existing active off -sale licenses within the subject census tract. Two (2) active licenses are within one hundred feet (100’) of the subject site: Green Shack Market Place located at 163 West Highland Avenue (55.00 linear feet) and 7 Eleven store at 207 West Highland Avenue (82.80 linear feet).
The site does not currently hold any existing alcohol licenses. As such, the approval of the license would increase the number of active off-sale licenses and result in an overage of three (3) licenses within the census tract, necessitating a Public Convenience or Necessity Letter and deeming the subject census tract overconcentrated.
Finding No. 3: A finding that the alcoholic beverages sales activity will not aggravate existing problems in the neighborhood created by the sales of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise, and littering.
Finding of Fact: The Police Department has indicated that there are a total of 219 reporting districts within the City and that there was an average of 68.41 crimes per reporting district during the course of the reporting year. A report was created for the subject reporting district to identify the number of crimes reported over a twelve (12) -month period. During this period, there were fifty-nine (59) Part I crimes and eighty-one (81) Part II crimes for a total of 140 crimes reported at the subject location. Of the total crimes, forty (4 0) were calls for service and two (2) reports were required. There are eight Part I crimes which include murder, nonnegligent manslaughter, forcible Resolution No. 2025-380
Resolution 2025-380
November 5, 2025
rape, robbery, aggravated assault, burglary, larceny- theft, motor vehicle theft. Part II crimes consist of simple assaults, vandalism, drug abuse violations, disorderly conduct, and fraud. 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%. As such, the approval of Conditional Use Permit 23- 01 and Public Convenience or Necessity 23-01 could aggravate existing problems in the neighborhood.
Finding No. 4: The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational uses, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverage sales activity establishments.
Finding of Fact: The proposal would allow the establishment of a new ABC Type 20 (Off- Sale Beer & Wine) License in conjunction with the existing Arco gas station and convenience store within 124.30 linear feet of Iglesias de Restauración San Bernardino and 334.20 linear feet of La Luz del Mundo, both of which are places of worship. Therefore, the project site does not meet the required 500-foot separation from sensitive uses established by the City’s Development Code.
Finding No. 5: The proposed establishment will otherwise be compatible with existing and potential uses within the general area.
Finding of Fact: The proposed establishment of a new Type 20 (Off-Sale Beer & Wine ) License with the Department of ABC in conjunction with the existing Arco gas station and convenience store does not satisfy the locational restrictions for a new alcoholic beverage sale activity nor the locational restrictions for sensitive land uses. ‘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 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 re striction of proposed alcoholic beverage sales activities. Therefore, Conditional Use Permit 23 - 01 and Public Convenience or Necessity 23- 01 would not be compatible with existing and potential land uses within the general area.
Finding No. 6: The proposed establishment is not located in what has been determined to be a high-crime area or where a disproportionate number of police service calls occur.
Finding of Fact: The Police Department has reviewed the proposed project and determined that the subject reporting district in which the subject Arco is located had a total of 140 crimes, which exceeds the City -wide average of 68.41 crimes Resolution No. 2025-380
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per reporting distract by a total of approximately 104.65%. Two (2) of the calls for service were alcohol related. Staff has determined that the proposed scope of work is located in a high-crime area.
Finding No. 7: The use of the proposed establishment is consistent with the General Plan.
Finding of Fact: 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 2.2.9: 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.
Land Use Element Policy 2.2.10: The protection of the
quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public.
With a crime rate within the subject reporting district above the City -wide average, a new ABC Type 2 0 (Off-Sale Beer & Wine ) License in conjunction with the existing Arco does not comply with the abovementioned General Plan policies.
SECTION 4. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5
th day of November, 2025.
Resolution No. 2025-380
Resolution 2025-380
November 5, 2025
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Resolution No. 2025-380
Resolution 2025-380
November 5, 2025
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-380, adopted at a regular meeting held on the 5th day of November, 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this ___ day of November, 2025.
Telicia Lopez, CMC, City Clerk