RESOLUTION NO. 2025-033 - PC
RESOLUTION NO. 2025-033 - PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DENYING CONDITIONAL USE PERMIT 23-01 AND
PUBLIC CONVENIENCE OR NECESSITY 23-01, THEREBY
NOT ALLOWING THE REQUEST 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 GAS STATION AND CONVENIENCE
STORE CONTAINING APPROXIMATELY 1,434 SQUARE
FEET ON A PARCEL CONTAINING APPROXIMATELY 0.38
ACRES, LOCATED AT 189 W. HIGHLAND AVENUE (APN:
0146-013-25), WITHIN THE COMMERCIAL GENERAL (CG-
1) ZONE; AND FINDING THE PROJECT EXEMPT UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, on March 10, 2023, pursuant to the requirements of Chapter 19.36 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, CĂ 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
WHERAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the Planning Division of the Community Development & Housing Department evaluated RESOLUTION NO. 2025-033 - PC
Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01, and determined that it is exempt from CEQA pursuant to Section 15270 (Projects Which Are Disapproved); and WHEREAS, on June 28, 2025, pursuant to the requirements in 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 within1,000 feet of the subject property of the holding of a public hearing at which Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 would be considered; and
WHEREAS, on July 8, 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 continued 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, pursuant to the requirements of Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Planning Commission has the authority to take action on Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01.
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION:
As the decision-making body for this project, the Planning Commission has reviewed and considered the information contained in the administrative record 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 Planning Commission, the Planning Commission 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;
(2) In accordance with Section 15270 (Projects Which Are Disapproved) of the CEQA Guidelines, the Planning Commission 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 Planning Commission is denying Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01; and
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(3) The determination of the CEQA exemption reflects the independent judgement of the Planning Commission.
SECTION 2. FINDINGS FOR CONDITIONAL USE PERMIT 23-01 AND PUBLIC CONVENIENCE OR NECESSITY 23-01:
Pursuant to Section 19.36.050 (Conditional Use Permits - Findings) of the City of San Bernardino Development Code, Conditional Use Permit applications are required to meet certain findings prior to the approval by the Planning Commission. Accordingly, the following findings are provided for denial of 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 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. Therefore, the proposed alcoholic beverage sales activity is not permitted in the subject zoning district.
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 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 RESOLUTION NO. 2025-033 - PC
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.
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 a dilerine, public drunkennes, alcoholic beverage sales to minors, noise.
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 (40) were calls for service and two (2) reports were required. 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 buse recovery or treatment facilities, county social service offices, or othe Icoholic beverage sales activity establishments
Finding of Fact: The proposal will 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 4 RESOLUTION NO. 2025-033 - PC
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 restriction of proposed alcoholic beverage sales activities. Therefore, Conditional Use Permit 23- 1 and Public Convenience or Necessity 23-01 would not be compatibl with existing and potential land uses within the general are:
Finding No. 6: The proposed establishment is not located in what has been determined to call high-crime area or where a disproportionate numer of police service 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 per reporting distract by a total of approximately 104.65%. Two (2) of the Finding No. 7: 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 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 20 (Off-Sale Beer & Wine) License in conjunction with the existing Arco does not comply with the abovementioned General Plan policies.
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SECTION 3. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adoption of Planning Commission Resolution No. 2025-033 - PC:
a. Denying Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01.
SECTION 4. SEVERABILITY:
It any provision of this Resolution or the applicant 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 5. CUSTODIAN OF RECORDS
The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Planning Commission based its decision, is as follows: Telicia Lopez, Acting City Clerk, 201 North E Street (Building A), (909) 384-5002.
PASSED, APPROVED AND ADOPTED this 12* day of August 2025.
TanyA hat
FOR
Lisa Sherrick, Chairperson
San Bernardino Planning Commission
ATTEST:
Gabriel Elliott, Planning Commission Secretary
City of San Bernardino, California
RESOLUTION NO. 2025-033 - PC
CERTIFICATION:
I, Alyssa Blancas, Recording Secretary of the Planning Commission of the City of San Bernardino, California, do hereby certify that the foregoing Resolution, No. 2025-033 - PC, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 12th day of August 2025, by the following vote, to wit:
AYES: Quiel, Dailey, Lopez, Ngalande, Pratt, Carlone
NOES: I. Garcia
ABSENT: Sherrick and O. Garcia
ABSTAIN:
Ahpiat
Alyssa Blancas, Recording Secretary
City of San Bernardino, California