RESOLUTION NO.2026-009-PC
1 RESOLUTION NO. 2026-009-PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RATIFYING ITS DECISION DENYING SUBDIVISION 26-03
(TENTATIVE PARCEL MAP NO. 21096) AND CONDITIONAL
USE PERMIT 25-02 TO ALLOW THE CONSOLIDATION OF
SIX (6) PARCELS INTO ONE (1) PARCEL CONTAINING
APPROXIMATELY 0.74 ACRES TO FACILITATE THE
DEVELOPMENT, ESTABLISHMENT, AND OPERATION OF
A RESTAURANT WITH DRIVE -THRU (MCDONALD’S)
CONTAINING APPROXIMATELY 3,684 SQUARE FEET ON
SAID PARCEL, LOCATED AT 116 W. BASELINE STREET,
WITHIN THE COMMERCIAL GENEREL 1 (CG-1) ZONING
DESIGNATION AND THE TRANSIT OVERLAY DISTRICT
(TOD) ZONE; AND FINDING THE PROJECT IS SUBJECT TO
A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, on January 17, 2025, pursuant to the requirements of Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, an application for Conditional Use Permit 24-04 was duly submitted; and
WHEREAS, on February 9, 2026, pursuant to the requirements of Chapter 19.66 (Subdivision Maps) of the City of San Bernardino Development Code, an application for Subdivision 26-03 (Tentative Parcel Map No. 21096) was duly submitted by:
Owner: Huh, Won Hwae
3864 114th Ln. N.W.
Coon Rapids, MN 55433
Applicant: Scott Wilkeson
McDonalds, LLC
110 N Carpenter St.
Chicago, IL 60607
Property Address: 116 W. Baseline Rd.
APN: 0146-223-22, 23, 24, 25 & 26
Lot Area: 0.74 acres
WHEREAS, Subdivision 26-03 (Tentative Parcel Map No. 21096) is a request to allow the consolidation of six (6) parcels into one (1) parcel containing approximately 0.74 acres; and
WHEREAS, Conditional Use Permit 25-02 is a request to allow the development, establishment, and operation of a restaurant with drive -thru lane (McDonald’s) containing approximately 3,684 square feet on the parcel containing approximately 0.74 acres; and
RESOLUTION NO.2026-009-PC
2 WHEREAS, the Planning Division of the Community Development and Housing Department has reviewed Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 for consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development and Housing Department has evaluated Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and determined that it is exempt from the CEQA pursuant to Categorical Exemption (listed in CEQA Guidelines Article 19, commencing with Section 1530 3) and the application of that Categorical Exemption is not barred by one of the exemptions set forth in CEQA Guidelines Section 15300.2; and
WHEREAS, on February 11, 2026 , pursuant to the requirements of Section 19. 36.030 (Conditional Use Permit – Project Review) of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 to the Planning Commission for consideration; and
WHEREAS, on February 28, 2026 , 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 property owners and tenants within a radius of 1,000 feet from the subject property of the holding of a public hearing at which Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 would be considered; and
WHEREAS, on March 10, 2026 , pursuant to the requirements of Section 19. 52.040 (Hearings Procedures) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to, Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02 and at which meeting the Planning Commission considered Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02; and
WHEREAS, staff’s recommendation to the Planning Commission was to adopt Resolution No. 2026-009 approving Subdivision 26 -03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25 -02 and finding that the project is subject to a Categorical Exemption under the California Environmental Quality Act; and
WHEREAS, at the March 10, 2026, Planning Commission meeting, three members of the public spoke against the proposed project; and
WHEREAS, at March 10, 2026, the Planning Commission by a 3 – 2 vote, rejected staff’s recommendation and determined that the proposed development does not meet the goals or purpose of the City’s Transit Overlay District (“TOD”) because it does not promote walkability, does not support transit -oriented development principles, and does not reduce reliance on automobiles; and
RESOLUTION NO.2026-009-PC
3 WHEREAS, the Planning Commission must now ratify the decision it took on March 10, 2026, in the form of this Resolution which includes findings for denial; and
WHEREAS, 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 Planning Commission has the authority to take action on the Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02.
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:
SECTION 1. INCORPORATION OF RECITALS:
The recitals above are true and correct and are hereby incorporated herein by this reference.
SECTION 2. ENVIRONMENTAL DETERMINATION:
As the decision -making body for the project, the Planning Commission has reviewed and considered the information contained in the administrative record for Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02. 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 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 requirements of the California Environmental Quality Act pursuant to Section 15332 (In-Fill Development Project) and Section 15315 (Minor Land Divisions) 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 15300.2; and
(4) The determination of CEQA exemption reflects the independent judgm ent of the Planning Commission.
SECTION 3. FINDINGS FOR SUBDIVION 26 -03 (TENTATIVE PARCEL MAP NO. 21096:
Section 19.66.150 (Subdivision Maps - Determination) of the City of San Bernardino Development Code requires that Subdivision applications meet certain findings prior to the approval by the Planning Commission. Accordingly, the following findings are provided in support of the denial of Subdivision 26-03 (Tentative Parcel Map No. 21096):
Finding No. 1: The proposed map is consistent with the General Plan.
Finding of Fact: The proposed project is located within an urbanized area. Subdivision 26- 03 (Tentative Parcel Map No. 21096) consists of consolidating six (6) parcels RESOLUTION NO.2026-009-PC
4 into one (1) parcel to facilitate the development, establishment, and operations of a restaurant with a drive-thru lane, which will enhance the city’s economic profile. Therefore, the proposed map is consistent with the General Plan.
Finding No. 2: The design and improvement of the proposed subdivision is partially inconsistent with the General Plan.
Finding of Fact: The proposal is consistent with the General Plan goals and policies:
General Plan Land Use Element Policy 2.2 .1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element.
General Plan Land Use Element Goal 2. 7.5: Require that development conform to the availability of public infrastructure to accommodate its demands and mitigate its impacts.
The proposed Tentative Parcel map will be consistent with the pattern of the surrounding developments and will connect to existing water and sewer services, roads, storm drains, and private utilities to accommodate the proposed development.
The proposal is inconsistent with the General Plan goals and policies:
General Plan Land Use Element Policy 2.5.6: Require that new developments be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of linkages to pedestrian and bicycle paths.
Although partially consistent with the General Plan, the proposed Tentative Parcel map will not support continued development of pedestrian -friendly areas and places greater focus and detail to automobile paths and related traffic.
Finding No. 3: The site is physically suitable for the type of development.
Finding of Fact: The resulting 0.74 acres after consolidation will adequately accommodate the proposed restaurant with a drive-thru lane and will bring a vibrant development to a n underutilized site that has been vacant for a bout six years. Conditions of Approval have been included to ensure that the proposed project will not create a negative impact within the area s surrounding the project as well as the project site itself. The proposed project is also consistent with both the General Plan and Developmen t Code. Therefore, the proposed project will be harmonious and compatible with the existing and future land uses within the surrounding, urbanized area.
Finding No. 4: The site is physically suitable for the proposed density of development.
RESOLUTION NO.2026-009-PC
5 Finding of Fact: The subject site is in compliance with the applicable Development Code standards and is physically suitable for the type and density/intensity of the project being proposed. Therefore, there are no physical constraints on the site that would limit the development of the proposed drive-thru restaurants.
Finding No. 5: The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat.
Finding of Fact: The project site is located within an urbanized area and is surrounded by existing developments. The design of the subdivision will not have any significant negative impacts to wildlife or their habitat. Therefore, no significant negative impacts on the en vironment are anticipated to result from the proposed subdivision.
Finding No. 6: The design of the subdivision or type of improvements will not cause serious public health problems.
Finding of Fact: There are adequate provisions for public access, water, sanitation, and public utilities and services for the proposed subdivision and accompanying Development. Subject to Conditions of Approval, the proposed development will not be detrimental to the public services or public health and safety.
Finding No. 7: The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.
Finding of Fact: The design of the subdivision will not conflict with any public or private easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recording the Final Map. Existing easements will be reserved in place or relocated, as necessary SECTION 3. FINDINGS FOR CONDITIONAL USE PERMIT 25-02:
Pursuant to Section 19.36.050 (Conditional Use Permits – Findings) of the City of San Bernardino Development Code, Conditional Permit applications are required to meet certain findings prior to the approval by the Planning Commission. Accordingly, the foll owing findings are provided in support of the denial of Conditional Use Permit 25-02:
Finding No. 1: The proposed use is conditionally permitted within, and would not impair the integrity or character of, the subject land use district and complies with all of the applicable provisions of the Development Code.
Finding of Fact: The project site is located within the Commercial General (CG -1) and the Transit Overlay District (TOD) zone and the project would impair the integrity and character of the Transit Overlay District. The proposed Drive- Thru Restaurant for McDonald’s would not be consistent with the goals and vision, as the project does not meet the criteria of the overlay zone.
RESOLUTION NO.2026-009-PC
6 Specifically, the vision of the Transit Overlay District is to promote transit- oriented development to reduce dependency on vehicles and promote walkability. The project, as proposed, is vehicle dominant. Also, the project does not support the concept of mix-use development.
Finding No. 2: The proposed use is consistent with the General Plan.
Finding of Fact: The proposal is consistent with the General Plan goals and policies:
General Plan Land Use Element Policy 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.
General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development.
General Plan Community Design Element Goal 5.4: Ensure individual projects are well designed and maintained.
General Plan Land Use Element Goal 5.7: Develop attractive and safe commercial, office, and industrial projects that are creatively designed and intelligently sited.
The proposed project implements the above General Plan goals and policies in that the proposed development has been designed with quality architectural treatments that incorporate modern features through materials and color. The development of the site wil l be done in a manner that will enhance the physical and visual qualities of the subject property thereby enhancing the aesthetics of the area. Therefore, the proposed project would be compatible with the goals and policies outlines in the General Plan.
Finding No. 3: Approval of the Conditional Use Permit for the proposed use complies with the requirements of the CEQA and §19.20.030(6) of the Development Code.
Finding of Fact: 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 Conditional Use Permit 25 -02 and concluded that the proposed i s exempt from CEQA Guidelines, pursuant to Section 15315 (Minor Land Divisions) and Section 15332 (In-Fill Development Projects). Therefore, the proposed project is in compliance with the requirements of CEQA and Section 19.20.030 (6) of the Development Code.
Finding No. 4: There will be no potentially significant negative impacts on environmental quality or natural resources that could not be properly mitigated and monitored.
Finding of Fact: The project site is located within an urbanized area , is surrounded by existing commercial development but abuts residential uses along its northerly boundary. A noise analysis was conducted and the project was RESOLUTION NO.2026-009-PC
7 found to not significantly impact the residential land uses . Therefore, no significant negative impacts on the environment are anticipated to result from the proposed development.
Finding No. 5: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact: The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located. Therefore, the design of the project will ensure that the project will not create any significant noise, traffic, or other conditions that would be detrimental or objectionable to other uses in the vicinity of adverse to the public health, safety, convenience, or welfare of the City.
Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed.
Finding of Fact: The subject site is suitable for the type and density/intensity of the project being proposed as evidence by the project compliance with the applicable Development Code standards. The proposed structure meets all setback, height, drive-thru requirements. T he size of the project site is adequate to accommodate the proposed improvements, in compliance with the requirements of the Development Code.
Finding No. 7: There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health or safety.
Finding of Fact: There are adequate provisions for public access, water, sanitation, and public utilities and services for the proposed Development. The subject site is located is located in an urbanized area with full range of public utilities and services and public acc ess off W. Baseline Street and N. Sierra Way.
Subject to Conditions of Approval, the proposed development under Conditional Use Permit 25-02 will not be detrimental to the public services or public health and safety.
RESOLUTION NO.2026-009-PC
8 SECTION 4. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adoption of Planning Commission Resolution No. 2026-009:
a. Denying Subdivision 26-03 (Tentative Parcel Map No. 21096) and Conditional Use Permit 25-02, based on the Finding of Fact.
SECTION 5. SEVERABILITY:
If any provision of this Resolution or the application 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 6. 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, City Clerk, 201 North E Street (Building A), 909-384-5002.
PASSED, APPROVED, AND ADOPTED this 14th day of April 2026.
____________________________________
Lisa Sherrick, Chairperson
San Bernardino Planning Commission
ATTEST:
Gabriel Elliott, Planning Commission Secretary
City of San Bernardino, California
RESOLUTION NO.2026-009-PC
9 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. 2026-009 was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 14th day of April 2026, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Alyssa Blancas, Recording Secretary
City of San Bernardino, California
RESOLUTION NO.2026-009-PC
10 EXHIBIT “A”
APPROVED PLANS