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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: June 17, 2026
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Quasi-Judicial Hearing - Appeal 26-09 Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use
Permit 25-02 (McDonald’s) (Ward 2)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino take the following action:
1. Adopt Resolution No. 2026-068 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 26-09, thereby upholding the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and not allowing the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive-thru restaurant (McDonald’s) on a parcel containing approximately 0.74 acres, located at 116 W. Baseline Street (APN: 0146-223-22, 23, 24, 25 & 26) within the Commercial General (CG-1) and Transit-Overlay District (TOD) zone (Attachment 1).
OR
2. Adopt Resolution No. 2026-069 of the Mayor and City Council of the City of San Bernardino, California, approving Appeal 26-09, thereby overturning the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and allowing the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive-thru restaurant (McDonald’s) on a parcel containing approximately 0.74 acres, located at 116 3 3
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W. Baseline Street (APN: 0146-223-22, 23, 24, 25 & 26) within the Commercial General (CG-1) and Transit-Overlay District (TOD) zone (Attachment 3).
City Manager's Comments
The applicant is appealing the Planning Commission’s denial. While understand the Planning Commission is focused on increasing housing via the TOD overlay zoning in this area, the City Council in its review of this decision should consider the arguments brought forward by the appellant.
Executive Summary
The applicant is appealing Planning Commission’s Approval of Resolution No. 2026-009 – PC (Appeal 26-11) that denied the request of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive-thru restaurant (McDonald’s). The denial was based on Planning Commission’s assertion that the property’s underlying Transit Oriented Development (TOD) overlay zoning is not consistent with the principle of reducing reliance on the automobile as intended for properties within the TOD overlay designation.
The proposed drive-thru restaurant is located on a site zoned CG 1 with a TOD overlay designation. Within this zoning framework, a drive-thru restaurant is permitted subject to the approval of a Conditional Use Permit (CUP). Staff had recommended approval of the project based on the finding in the TOD overlay ordinance encouraging economic development as the main driving for the TOD development.
The applicant believes the basis for the denial centered on the Commission’s position that a more suitable or higher-intensity mixed-use development should occupy the site. The appellants also believe that McDonald’s will generate economic benefits for the city by replacing the existing dilapidated structures with a new commercial development that provides employment opportunities and revenue.
The applicants also believe that with five (5) of the nine (9) Planning Commissioners present at the March 10, 2026 Planning Commission meeting, the project was not considered by the full Commission, which may have influenced the outcome.
Background
At the March 10, 2026, Planning Commission meeting, staff presented the project with a recommendation that the Planning Commission consider approval of Subdivision 2603 (Tentative Parcel Map No. 21096) and Conditional Use Permit 2502, which proposed to consolidate six (6) parcels into one (1) parcel to facilitate the development of a new McDonald’s drive-thru restaurant at 116 W. Baseline Street, in accordance with the requirements of Chapter 19.66 (Subdivision Maps) and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code. (Attachment 5). 3 3
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After public comments, and during the deliberation process, the commissioners expressed concerns about the project, especially allowing the drive-through which they described as auto dependent. The following are the concerns and staff’s responses:
TABLE 1 - PLANNING COMMISSION CONCEARS AND STAFF RESPONSES Planning Commission Concerns Staff Responses
1. The proposed land use is
prohibited under the TOD zone;
The proposed use is not prohibited under the TOD overlay zone. The TOD overlay zoning allows economic consideration with a Conditional Use Permit application for projects in the district.
2. The proposed land use is not
consistent with the goals and
vision of the overlay zone;
The proposed land use is consistent with the goals and vision of the overlay zone because the proposed project meets the criteria that the development would stimulate economic benefits to the city.
3. The proposed land use does
not reduce dependency on
vehicles or promote walkability.
Although the proposed facility is a drive-through facility, the applicant has stated that the walk-in portion of the restaurant will be open 24/7.
4. The proposed land use does
not support the concept of
mixed-use development.
The proposed standalone fast-food restaurant is not designed with a mixed-use concept. The McDonalds Corporation does not develop housing. The project has addressed parking as it relates to location and orientation. At the same time, the proposed land use provides significant economic benefits for the area and city as a whole and the Transit-oriented Development District provides for avenues to allow for economic consideration, which in this instance is vitally important because of the current conditions of the site. The property has been abandoned for over five years and has been vandalized repeatedly. It is currently in a state of disrepair and in need of significant improvement. This use will provide a facelift needed for the property and area.
Pursuant to Section 19.52 Hearings and Appeals of the San Bernardino Municipal Code, the applicant filed an appeal on March 23, 2026, within the 15-day appeal period of the decision taken by the Planning Commission (Attachment G).
At the April 14, 2026, Planning Commission meeting, the Planning Commission voted to adopt Resolution No. 2026-009 – PC, ratifying the denial for Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 to not allow the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a drive-thru restaurant (McDonald’s) based on the Findings of Fact. The Motion to approve Staff’s Recommendation for denial passed by 6 – 3 vote (Attachment 6).
Discussion
Appeal Grounds
On March 23, 2026, an Application for Appeal 26-09 was filed. The applicant’s grounds for appeal are summarized as follows:
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1. Five (5) of the nine (9) Planning Commissioners were present at the March 10, 2026 Planning Commission meeting. Although a quorum was established, the project was not considered by the full Commission, and this limited attendance may have influenced the 2–3 vote (Attachment 5) that resulted in denial of Staff’s recommendation for approval.
2. The basis for the denial centered on the Commission’s position that a more suitable or higher-intensity mixed-use development should occupy the site.
3. McDonald’s will generate economic benefits for the city by replacing the existing dilapidated structures with a new commercial development that provides employment opportunities and revenue.
Based on the information provided, the applicant is requesting that the Mayor and City Council uphold Appeal 26-09, thereby overturning the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02, and allow the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive-thru restaurant (McDonald’s) on a parcel containing approximately 0.74 acres, located at 116 W. Baseline Street (APN: 0146-223-22, 23, 24, 25 & 26) within the CG-1 and TOD zone.
Project Description/Analysis
Pursuant to the requirements of Chapter 19.66 (Subdivision Maps) and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the applicant – McDonald’s Corporation – is requesting approval to consolidate of six (6) parcels into one (1) parcel totaling approximately 0.74 acres; and to allow the development, establishment, and operation of a drive-thru restaurant (McDonald’s) on said parcel.
The project site is approximately 0.74 acres in size and located at 116 W. Baseline Street on the northwest corner of W. Baseline Street and N. Sierra Way (APN: 0146-223-22, 23, 24, 25, & 26), within the CG-1 and the TOD zone. The site was formerly occupied by Dollar Tree and Checks Cashed, has remained vacant since 2019 and has been unused for nearly six years.
Table 2 below provides a summary of the surrounding land use characteristics of the subject site and surrounding properties.
TABLE 2: SITE AND SURROUNDING LAND USES
LOCATION LAND USE ZONE GENERAL PLAN
DESIGNATION
Site Property
Commercial General (CG-1)
and Transit Overlay District
(TOD)
Commercial
North
Multi-Family
Residential
Complex
Residential Medium (RM) and
Transit Overlay District (TOD) Residential
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South Discount Tire
Center
Commercial General (CG-1)
and Transit Overlay District
(TOD)
Commercial
East Liquor Store Commercial General (CG-1) Commercial
West Market
Commercial General (CG-1)
and Transit Overlay District
(TOD)
Commercial
The proposed drive-thru restaurant is located on a site zone CG1 with a TOD overlay designation. Within this zoning framework, a drive-thru restaurant is permitted subject to the approval of a CUP. The project site consists of six (6) parcels and contains two (2) existing buildings that have been vacant since 2019. These structures will be demolished to accommodate the proposed development. The applicant has designed the project to comply with the applicable Development Standards of the City of San Bernardino for both the CG1 zone and the TOD overlay.
The CG-1 zone is intended to support the continued use, enhancement, and development of retail, personal service, entertainment, office, and related commercial uses along major transportation corridors and key intersections to serve community needs.
While the TOD zone is intended to promote transit-oriented development that encourages the use of transit facilities, reduces reliance on automobiles, improves air quality, and fosters high quality, interactive neighborhoods, there are provisions that would allow the proposed use through a Conditional Use Permit.
When proposed uses are prohibited under the TOD overlay zone, a Conditional Use Permit could be granted if specific findings can be made—such as demonstrating economic benefit, compatibility with surrounding development, and compliance with TOD overlay development standards.
Economic Benefits
The proposed drive-thru restaurant for McDonald’s is projected to generate approximately $4.5 - $5 million in annual sales. In addition, it will create dozens of local jobs, during construction and for employees working at the restaurant. There is a direct contribution to the city’s economic growth and workforce development. Nationwide, approximately 13,800 McDonald’s restaurants serve a population of about 333 million residents, equivalent to roughly one (1) McDonald’s per 24,000 residents. Within the City of San Bernardino, eight (8) existing McDonald’s locations currently serve approximately 222,000 residents, or one (1) location per 27,750 residents. Approval of the proposed McDonald’s restaurant would bring the City’s ratio closer to the national average which is one (1) location per 24,666 residents, aligning local service availability with broader market demand.
The purpose of the Transit-Oriented Development overlay zone is to encourage mixed-use development that integrates residential and commercial uses to support transit ridership and reduce reliance on the automobile. However, the limited size of this site at 3 3
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approximately 0.74 acres, significantly constrains the range of feasible mixed-use development types that the transit-oriented development zone envisions.
Despite these limitations, the proposed project represents an opportunity to catalyze reinvestment in this corridor. By activating a long-underutilized parcel, the development could help stimulate economic activity and contribute to strengthening the identity and visibility of the surrounding area. According to permit history, the subject site has remained vacant for nearly a decade. As such the proposed development would revitalize the site, enhance the visual character of the area, provide needed street improvements, and draw positive attention to the area.
The property owner has struggled to maintain the existing buildings on the project site, which are frequently vandalized by vagrants and have resulted in repeated city violations.
This development will eliminate those ongoing issues while providing meaningful economic benefits to all parties.
Based on the submitted plans, the proposed subdivision, demolition, and development for the drive-thru restaurant for McDonald’s complies with the applicable Development Standards of the City of San Bernardino Development Code for the CG-1 zone and the TOD overlay zoning. Given this compliance and the project’s demonstrated potential to stimulate economic activity, the proposed development satisfies the requirements of the Transit Overlay District and aligns with its intent to promote investment and activity within transit served areas.
Architecture
The proposed development will showcase contemporary architectural elements and high- quality materials, incorporating a monument sign, a porte-cochere, and varied rooflines to create a visually striking destination that serves as a prominent focal point for the surrounding area. The design meets the standards outlined in the City’s Development Code and follows the guidelines set forth in Chapter 19.06 Commercial Zones and Chapter 19.19 Transit Overlay District.
Access/Site Design
The project design aligns with the General Plan’s land-use policies and complies with the standards of the Transit Overlay District. The purpose of the Transit Overlay District is to encourage transit use and foster high-quality, interactive neighborhoods. To achieve this, the district establishes specific development standards—such as Build to-Line setbacks—that require buildings to be positioned within designated setback areas. 3 3
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To meet that requirement, the applicant team proposed a monument sign and a porte- cochere to extend the building feature to the required setbacks. The proposed development will incorporate a variety of materials, architectural elements, and landscaping features to enhance the articulation of the building and overall project site.
The landscape plan includes a diverse selection of trees and shrubs designed to elevate visual appeal and complement the surrounding environment.
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The proposed site will utilize and expand two (2) existing driveways located on W.
Baseline Street (major arterial) and N. Sierra Way (secondary arterial). The internal circulation is designed to adequately accommodate on-site parking, the drive-thru circulation and vehicle stacking.
The team also investigated improving the pedestrian path of travel to ensure that their safety is accounted for. The project abuts residential land uses along the northern portion of the parcel, and the order/menu board is the closest operational feature to these homes.
To ensure that noise generated by the menu board does not result in adverse impacts, a Noise Study was prepared which concluded that noise levels from the menu board are approximately 26 dB at the property line and approximately 23 dB at the nearest residence—well below the applicable exterior noise threshold of 65 dBA.
Additionally, the site design provides enhanced landscaping coverage of up to 21 percent.
The landscape palette includes a mix of 24- to 48-inch box trees, 5- to 15-gallon shrubs, and groundcovers, incorporating approximately 27 new trees to strengthen the project’s street presence and improve overall visual appeal along the frontage. Applicable building codes, zoning code, and fire codes and standards will be met for a safe, attractive, and well-designed project.
Parking
The site will provide twenty-five (25) standards parking stalls, consisting of six (6) McDonalds drive-through stalls, three (3) EV charging stalls, and one (1) van accessible stall. The site will comply with the standards set forth on the TOD, which requires 1 space per 300 square feet, which equates to 13 required parking stalls.
Traffic
The City’s Traffic Engineering Division has reviewed the proposed Traffic Scoping Form and during that assessment it was indicated that a Traffic Impact Analysis (TIA) was required. Based on the size of the project and number of trips generated, the Traffic Engineer has determined that the proposed project will not have a significant impact on the surrounding roadways or intersections.
California Environmental Quality Act
In accordance with Section 15060 (Preliminary Review) of the California Environmental Quality Act (CEQA), the Planning Division conducted an environmental evaluation in connection with proposed Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 (Attachment 5) and concluded that the proposed project is exempt under the CEQA Guidelines Section 15332 (In-Fill Development Projects).
Pursuant to §15332 (In-Fill Development Projects), Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 is exempt from CEQA because the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
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Strategic Targets and Goals
Appeal 26-09 for Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 aligns with Key Target 4. Economic Growth and Development. The proposed development will create an economic benefit to the surrounding businesses by developing an underutilized parcel along a major commercial corridor that has been designed to achieve visual interest and a clean landscaping that will result in an attractive project that compliments the surrounding commercial developments.
Fiscal Impact
There is no General Fund impact associated with Appeal 24-09. Approval of the project could generate additional sales tax revenue and economic activity for the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino take the following action:
1. Adopt Resolution No. 2026-068 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 26-09, thereby upholding the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and not allowing the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive-thru restaurant (McDonald’s) on a parcel containing approximately 0.74 acres, located at 116 W. Baseline Street (APN:
0146-223-22, 23, 24, 25 & 26) within the Commercial General (CG-1) and Transit- Overlay District (TOD) zone (Attachment 1).
OR
2. Adopt Resolution No. 2026-069 of the Mayor and City Council of the City of San Bernardino, California, approving Appeal 26-09, thereby overturning the Planning Commission’s denial of Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and allowing the request to consolidate six (6) parcels into one (1) parcel to facilitate the development, establishment, and operation of a 3,684 square-foot drive-thru restaurant (McDonald’s) on a parcel containing approximately 0.74 acres, located at 116 W. Baseline Street (APN:
0146-223-22, 23, 24, 25 & 26) within the Commercial General (CG-1) and Transit- Overlay District (TOD) zone (Attachment 3).
Attachments
Attachment 1 Resolution No. 2026-068 (Denial of Appeal) Attachment 2 Resolution No. 2026-068 Exhibit A Plans
Attachment 3 Resolution No. 2026-069 (Approval of Appeal) Attachment 4 Resolution No. 2026-069, Exhibit A Plans
Attachment 5 Resolution No. 2026-009 – PC (Original Approval) Attachment 6 Resolution No. 2026-009 – PC (Original Denial, Ratified) Attachment 7 Appeal Application
Attachment 8 Exhibit B – Environmental Determination – CEQA Exemption 3 3
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Attachment 9 Resolution No. 2018-088 - Quasi Judicial Hearing Attachment 10 PowerPoint Presentation
Attachment 11 Newspaper Publication
Attachment 12 Chapter 19.52 (Hearings and Appeals)
Ward:
WARD 2
Synopsis of Previous Council Actions:
None
CC Eric Levitt, City Manager