Milpitas planning commission approves beer-and-wine sales at 76 station with 50-sq.-ft. display limit

The Milpitas Planning Commission voted on Nov. 19, 2025 to approve a conditional use permit allowing beer-and-wine (ABC Type 20) off-sale at the 76 gas station at 190 West Calaveras Boulevard, adding a 50-square-foot cap on in-store alcohol display space.

Staff recommended the permit after fielding public notice and a departmental review. “The applicant is requesting to allow for the retail sale of beer and wine for off-site consumption consistent with the California Department of Alcoholic Beverage Control Type 20 license,” Randy Baez, associate planner for the City of Milpitas, told commissioners. Baez said no exterior changes are proposed, alcohol sales would be limited to 6 a.m. to 2 a.m., and the Milpitas Police Department recommended conditions including cashier ID scanning, no on-site consumption, and no loitering.

The staff report noted the project site sits in ABC census tract 5045.08 and that the tract currently has two active off-sale licenses, giving the tract an “undue concentration” under ABC rules; staff said the CUP process evaluates whether the proposed use meets the state standard of public convenience or necessity. Baez also…