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Attachment 6 - Appeal Application

Mayor and City Council
November 5, 2025

Document
Attachment 6 - Appeal Application
Meeting
November 5, 2025
Body
Mayor and City Council
Original file
428 KB
Text extracted from the city's file for reading and search. Open the original on sanbernardino.primegov.com. That file is the official record.

City of
San Bernardino
Community and Economic Development Dee: 201 Nort PEsire, 34 Hor KONDED IN CA Mail: 290 North D Street
San Bernardino, CA 92401
P: (909) 384-5567 F: (909) 384-5155
www.sbcity.org

APPEAL APPLICATION
Applications may be filed Monday through Thursday between the hours of 8:00 a.m. and 5:00 p.m. and Friday between the hours of 8:00 a.m. and 4:00 p.m.

Appeal from a decision of the (Check one):

Community Development Director
Development/Environmental Review Committee
* Planning Commission
Case Number: Conditional Use Permit 23-01 and PCN 23-01 Project Address / Location: _ 189 W. Highland Avenue (APN: 0146-013-25) APPELLANT NAME: Erika Diaz c/o 189 W. Highland
Address: 110 East Longden Avenue, Suite A _ Phone:

City: _Irwindale State: CA. Zip Code: 91706 Email:

CONTACT PERSON NAME: Erika Diaz
Address: _ Phone:

City: State: Zip Code: Email:

Pursuant to Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, an application for appeal must be filed on a City application form within 15 Days following the final date of action, accompanied by the appropriate appeal filing fee.

Appeals are normally scheduled for a determination by the Planning Commission or Mayor and City Council within 30 days of the filing date of the appeal. You will be notified, in writing, of the specific date and time of the appeal hearing.

Notice of an appeal hearing shall conform to the manner which the original project notice was given. The appellant shall be responsible for all noticing materials required in the original application.

OFFICE USE ONLY
Date Filed: 8-27-2025 Previous Case: (UP23-ol PcNa3-o1 Case Number: AP 25-07 Receipt Number: 223006116 Fees Paid: 3, 661.20 Submitted To: Teena Abdulla Appeal Application 1 07/2022

REQUIRED INFORMATION
Specific action being appealed and the date of that action:

The denial f Conditional Use Permit 23-01 and Public Convenience and Necessity 23-01 by Planning Commission on August 12, 2025.

Specific grounds for the appeal: We believe the Planning Commission erred in the decision to deny. _the request based on the existing number of licenses within the census tract, crime, and a -nearby sensitive use without considering any conditions that would mitigate any concerns that the applicant was willing to consent with.

Action sought: _ Respectfully overturn the Planning Commission denial and approve the Conditional Use Permit and PCN with conditions.

Additional information: The licenses in the census tract (7) does not reflect an oversaturation in the number of alcohol licenses that have been issued. The State allocates 5 off-site but allows more with an approved conditional use permit. It is very normal for the number of licenses in a census tract all over California to exceed what is allocated.

The crime stats did exceed the average but we reduced the intensity significantly with conditions. Hours of operation reduced, locked coolers, work with the police with their security system, and another review to make sure operated with responsibility such as a sunset clause. There are many ways to mitigate any concerns instead of denying an applicant. 8-26-25
Signature of Appellant: Date:

Appeal Application 2 07/2022

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