Resolution No. 2025-381
Resolution No. 2025-391
November 5, 2025
RESOLUTION NO. 2025-381
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
GRANTING APPROV AL OF APPEAL 25 -07 THEREBY
OVERTURNING THE DECISION OF THE PLANNING
COMMISSION AND APPROVING 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 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 , approximately 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
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Resolution No. 2025-391
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 Section 15301 (Existing Facilities) of the State CEQA Guidelines; 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 application 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 Use 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. 2025-381
Resolution No. 2025-391
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) The proposed project is categorically exempt from the requirement s of the California Environmental Quality Act pursuant to Section 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 (Exceptions); and (4) 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 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 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 Resolution No. 2025-381
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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 established for sensitive land uses. Although these two (2) places of worship are within the 500- foot threshold established by the City of San Bernardino Development Code, Staff recommends approval of Appeal 25-07 for Conditional Use Permit 23-01 and Public Convenience or Necessity 23- 01, because the inclusion of conditions of approval tailored to the site based on Staff’s studies mitigates the concerns.
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 (A BC) reports that Census Tract No. 0054.00 has a population of 6,981 persons and encapsulates approximately 448 acres. Department of ABC 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 h undred 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.
Although 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 − the proposed scope of work at this development will create an economic benefit to the City of San Bernardino as it will increase overall general sales and provide retail sales tax revenue from the sales of alcoholic beverages to the City of San Bernardino.
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 Resolution No. 2025-381
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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 14 0 crimes reported at the subject location. Part I crimes consist of serious crimes such as murder, rape, robbery, aggravated assault, burglary, larceny- theft, motor vehicle theft, and arson. Part II crimes consist of assault, vandalism, disorderly conduct, etc. Of the total crimes, forty (4 0) were calls for service and two (2) reports were required. Although the subject Arco is located within a reporting district that exceeds the City-wide average percentage of crimes by a total of 104.65% (as reported by the Police Department ), the approval of Appeal 25- 07 for Conditional Use Permit 23 -01 and Public Convenience or Necessity 23 -01 includes site -specific conditions to mitigate potential effects to the proposed subject census tract.
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 othe r alcoholic beverage sales activity establishments.
Finding of Fact: The proposal will allow the establishment 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. Although the project site does not meet the required 500-foot separation from sensitive uses established by the City’s Development Code, service stations may be exempted from locational restrictions under Section
19.06.030(2)(B)(Article II)(Section III)(A)(2) (Commercial Zones Specific Standards – Alcohol Beverage Sales – Locational Restrictions) subject to site-specific conditions of approval.
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 is located within an urbanized area on a parcel zoned for commercial uses. The license would continue to be utilized a s an operating gas station and convenience store and, as such, will not create any significant noise, Resolution No. 2025-381
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traffic, or other conditions that would be detrimental or objectionable to other uses in the vicinity or adverse to the public health, safety, convenience, or welfare of the City.
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 14 0 crimes, which exceeds the City - wide average of 68.41 crimes per reporting distract by a total of approximately 104.65%. Two (2 ) of the calls for service were alcohol related. Although the site is located in a high- crime area, conditions of approval have been tailored to the site based on Staff’s studies.
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 2.4: 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.
Appeal 25- 07 for Conditional Use Permit 23 -01 and Public Convenience or Necessity 23-01, which is a request for an Alcoholic Beverage Control Type 20 (Off -Sale Beer & Wine) License for an exiting convenience store and service station has been analyzed by the City of San Bernardino Police Department. As such, the project is consistent with the General Plan.
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 Resolution No. 2025-381
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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.
SECTION 5. Conditions of Approval:
The approval of Conditional Use Permit 23- 01 and Public Convenience or Necessity 23- 01 shall be subject to the following Conditions of Approval:
1. This approval is to allow an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) license within an existing, approximately 1,434 square-foot gas station and convenience store. The project site is located at 189 West Highland Avenue (APN: 0146-013-25), within the Commercial General (CG-1) zone.
2. The Project site shall be developed and maintained in accordance with: (i) the plans stamped August 12, 2025 (EXHIBIT A), approved by the City, which includes a site plan, floor plan, exterior-elevations plan, and conceptual-landscaping plan on file with the Planning Division; (ii) the Conditions of Approval contained herein; and (iii) the City’s Municipal Code regulations.
3. Within two (2) years of the approval of the Conditional Use Permit, the commencement of construction shall have occurred, or the permit/approval shall become null and void. In addition, if at any time after the 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 Conditional Use Permit does not authorize the commencement of construction. All necessary permits must be obtained prior to the commencement of specified construction activities included in the Conditions of Approval.
EXPIRATION DATE: November 5, 2027
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 fully cooperate in the defense of this matter. Once notified, the applicant agrees to defend, indemnify, and hold har mless the City of San Bernardino (“City”), any departments, agencies, divisions, boards, and/or commissions of the City, and any 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. The applicant further agrees to reimburse the City for any costs or attorneys’ fees, which the City may be required by a court to pay as a Resolution No. 2025-381
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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 “attorneys’ fees” for purposes of this condition. As part of the consideration for issuing this Conditional Use Permit, this condition shall remain in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant.
Planning Division
6. 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.
7. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to the commencement of work.
8. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code, section 19.28.120 (Water Efficient Landscaping Standards).
9. Minor modifications to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the re-filing of the original application.
10. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Services Department, and the City Clerk’s Office/Business Registration Division.
11. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), a s applicable.
12. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter or any other undesirable material(s). Vandalism, graffiti, trash, and other debr is shall be removed and cleaned up within twenty-four (24) hours of being reported.
13. Signs are not approved as part of this permit. Prior to establishing any new signs, or to replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained.
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14. All exterior lighting shall be contained within property lines and be energy efficient, with the option to lower or reduce usage when the facility is closed.
15. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets.
16. Every six (6) months, over two (2) years from the issuance of the Certificate of Occupancy, the Planning Division shall conduct an inspection of the business operations and property to ensure compliance with the Conditions of Approval to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to exist, the applicant shall submit an application, along with the appropriate fee, for Reconsideration by the Planning Commission.
17. The project must comply with the requirements of the California Department of Alcoholic Beverage Control.
18. The convenience store shall maintain a minimum of two (2) employees on-site during any hour in which alcoholic beverages are sold.
19. The convenience store shall install a security system capable of directly contacting the Police Department in the event of an emergency.
20. Adequate Lighting. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot and exterior of the premises. Additionally, lights shall be installed and shall operate on each side of the exterior of the building. The position of all such lighting shall not disturb the normal privacy and use of any neighboring residences. These lights shall be maintained in good working orde r and shall remain on during darkness anytime the establishment is open.
21. Capacity. The venue capacity established for the premises by the San Bernardino County Fire Department shall not be exceeded at any time.
22. Complaints. A “complaint response community relations” program will be established and maintained by the owner. This program will include the following:
a. Posting a permanent sign at the entry of the establishment listing the telephone number for the San Bernardino Police Department.
b. Coordinating efforts with the Police Department to monitor community complaints about the activities of the establishment.
c. Having a representative of the establishment reasonably available to meet with neighbors or the applicable neighborhood association on a regular basis or at their request to resolve any neighborhood complaints regarding the establishment.
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23. Compliance with Law. The owners, managers, renters, and every other person in charge of the premises or any event thereon must comply with all City, County, and State building, fire, zoning, and health regulations; all State and local noise and nuisance laws and ordinances; and all provisions of California law, the San Bernardino Municipal Code, and the San Bernardino City Charter.
24. Drug Paraphernalia. The sale of drug paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5 shall be prohibited. “Drug Paraphernalia” means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000.
25. Exterior Signage. The following signs shall be required to be prominently posted in a readily visible manner on an exterior wall or fixture on each side of the building (not on windows) in English, Spanish and the predominant language of the patrons: “No Loitering,” “No Drinking,” “No panhandling or soliciting,” and “It is illegal to possess an open container of alcohol in the vicinity of this establishment.”
26. Extraordinary Law Enforcement Services. The owner shall be responsible for reimbursement costs to the City of San Bernardino for “Extraordinary” police services on the premises.
Extraordinary police services are those defined under San Bernardino Municipal Code Section
8.82.010.
27. Graffiti. Any graffiti painted, drawn, marked, etched, or otherwise placed upon the premises or on any area under the control of the owner shall be removed or painted over within 48 hours.
28. Hours of Operation. The sale and service of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. and 10:00 p.m. Monday to Sunday.
29. Information to Police Department. Upon demand, the owner, manager, and employees must make available to any police official the current names and addresses of persons who are in the management or operation of the establishment. Additionally, the owner shall keep copies of all permits and licenses issued to the establishment readily available for inspection at the premises upon demand by any police official.
30. Interior Signage. The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture (not on windows) in English, Spanish and the predominant language of the patrons: “California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age.”
31. Litter. The premises, parking lots, any area adjacent to the premises over which the owner of the establishment has control, and any area adjacent to the premises occupied or used by the establishment’s patrons shall be kept free of litter and debris. These area s shall be cleaned of Resolution No. 2025-381
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any litter upon the close of business each day. The owner shall be responsible for the posting of signs prohibiting litter around the exterior of the premises and in adjacent parking areas.
32. Loitering. The establishment’s owner, manager, employees, and security officers shall be required to discourage loiterers and ask persons loitering longer than fifteen minutes to leave the area and contact the Police Department for enforcement of applicable trespas sing and loitering laws if persons requested to leave fail to do so.
33. Mitigating Alcohol-Related Problems. Whenever alcohol is sold, furnished, or consumed on the premises, the establishment shall be required to mitigate alcohol- related problems that negatively impact those individuals living or working in the neighborhood and surrounding community. To that end, the following conditions relating to alcohol shall be imposed:
a) No alcohol sales are permitted inside or outside the premises without a license issued by the Department of Alcoholic Beverage Control.
b) No alcohol will be sold or furnished to minors (anyone under the age of 21). c) No alcohol may be sold at any time to any patron appearing to be intoxicated. d) Alcohol sales hours shall not exceed 6:00 a.m. to 10:00 p.m., daily. e) Locked metal coolers shall be installed for the storage and display of alcohol products. f) No wine sales shall be permitted in bottles or containers of less than 750 milliliters, unless sold in their original manufacturer multi-packs.
g) No malt beverages shall be sold with an alcohol content greater than five- and one-half percent by volume.
h) The sale of wine with an alcohol content greater than fourteen (14) percent by volume shall be prohibited unless in corked or screw capped bottles and aged at least two (2) years. i) Beer or malt liquor sold individually in containers of 40 ounces or less is prohibited. j) No containers of beer shall be sold which are not in their original manufacturer multi-packs. k) No cooler products, either wine or malt beverage based, shall be sold unless in their original manufacturer multi-packs.
l) An electronic age verification device shall be purchased and retained on the premises for use during sales at all points of sale. This device shall be maintained in operational condition and all employees shall be instructed in its use.
m) No persons shall be permitted to congregate outside the building or in the parking lots or other areas under the control of the owner.
n) No violence, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise or litter shall be allowed on the premises, in the parking lots, on the streets surrounding the premises, in any area controlled by the owner of the premises or in any area occupied or used by patrons of the premises.
o) No alcoholic beverages shall be consumed on any property adjacent to the licensed premises or under the control of the licensee with the exception of other establishments licensed by the Department of Alcoholic Beverage Control. No alcoholic beverages shall be consumed along the exterior of the establishment, in any parking area, or on any adjacent city street or alleyway.
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p) The owners and all employees of establishments involved in the sale of alcoholic beverages shall complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training within sixty (60) days of the date of this Conditional Use Permit, or within sixty (60) days of hire for employees hired after that date.
To satisfy this requirement, the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The RBS course shall include at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify minors and persons already intoxicated.
34. Noise. No music or other noise originating from the premises may extend beyond the property boundaries of the establishment. Business activities shall not have a negative impact on the operation of neighboring businesses and residences. Music shall not be audible outside the premises, in adjacent attached businesses, or any neighboring residences.
35. Posting. A copy of these conditions for approval, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.
36. Prohibited Vegetation. Exterior vegetation shall not be planted, maintained, or allowed to grow on the premises that could be used as a hiding place for persons. Exterior vegetation shall be planted and maintained in a manner that minimizes its use as a hiding place.
37. Public Phones. If public telephones are installed on the premises, they shall be installed inside the building and programmed for outgoing calls only.
38. Security Cameras. Security cameras are required to be installed on the premises. All criminal and suspicious activities recorded by or viewed on such surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment owner, manager, and employees are required to provide any footage, tapes, or other recording media from the security cameras to the Police Department. A minimum of two (2) 24-hour time-lapse security cameras shall be provided on-site. Recordings shall be maintained for a minimum of ninety (90) days and are intended for use by the San Bernardino Police Department.
39. Window Obstructions. No more than 25 % of windows or clear doors shall bear advertising of any sort, and all advertising signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance.
40. All ice shall be sold at or about prevailing prices in the area and in quantities of not less than 5 lbs. and shall not be given away for free.
41. All conditions of the Public Works Department shall be met to the satisfaction of the City Engineer.
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42. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of November, 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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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. 2025-381, adopted at a regular meeting held on the 5 th 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