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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: February 19, 2025
To: Honorable Mayor and City Council Members
From: Tanya Romo, Acting City Manager;
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Development Code Amendment 24-06 (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1648 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-06 amending Chapter 19.02.050 (Basic Provisions-Definitions) to update the City of San Bernardino Development Code (SBMC Title 19) definitions for Neighborhood Grocery Stores/Supermarkets to align with state and industry standards; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1); and
2. Schedule the adoption of Ordinance No. MC-1648 to the regularly scheduled meeting of the Mayor and City Council on March 5, 2025.
Executive Summary
Approval of Amendment 24-06 to update Chapter 19.02.050 (Definitions) in the City of San Bernardino Development Code, aligning the definitions of Neighborhood Grocery Stores and Supermarkets with state and industry standards. Neighborhood Grocery Stores will now be classified as those between 5,001 and 10,000 square feet, while anything over 10,000 square feet will be considered a Supermarket.
Background
The City of San Bernardino Development Code currently classifies Neighborhood Grocery Stores as 5,001 to 15,000 square feet and anything over 15,000 square feet as a full-service Supermarket. Industry standards, however, define full-service 2 4
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Supermarkets as being 10,000 square feet and above. This discrepancy disadvantages operators of 10,000 to 15,000 square foot stores within the City of San Bernardino.
Approving Development Code Amendment 24-06 will align the definitions with industry standards, leveling the playing field for local City retailers.
On December 12, 2024, at a duly noticed public hearing the City of San Bernardino Planning Commission approved Resolution 2024-049 (Attachment 3) to recommend Development Code Amendment 24-06 to the Mayor and City Council for final action.
Public Hearing Noticing
February 8, 2025: Legal advertisement was published in the San Bernardino Sun Newspaper and Proof of Publication was sent back to the City of San Bernardino on February 12, 2025.
Discussion
The average size of a grocery store has decreased over the years from approximately 40,000 square feet, to about 12,000 to 20,000 square feet which is reflected in some popular outlets like Trader Joe's and Aldi. (see references). According to Health and Safety Code Section 113948 (e)(3), a grocery store is defined as a store primarily engaged in the retail sale of sundry items, including any area within the store that is not a separate business within the store, where food is prepared and served, such as a bakery, deli, and meat/seafood counter (see references).
Per Senate Bill 1383, a grocery store is defined as a food service distributor that is at least 10,000 square feet. These operators are subject to a robust food recovery program, mandated to send the maximum amount of edible food they would otherwise dispose of, to food recovery organizations, or face fines and penalties. If the State recognizes anything over 10,000 square feet as a full-service grocery store subject to penalties and fines, then the City of San Bernardino Development Code should align with these standards (see references). The Table below shows an outline of comparisons:
Category City Of San Bernardino
Definition
Industry Standard
Neighborhood Grocery Store 5,001 - 15,000 square feet Under 10,000 square feet Supermarket/Grocery Store Over 15,000 square feet 10,001 square feet and above Discrepancy Impact Operators of stores between
10,000 and 15,000 square feet
are disadvantaged
None
Proposed Development Code
Amendment 24-06
Aligns with industry standards Aligns with industry standards Expected Benefit Competing on equal footing helps
retain viable businesses in SB
Attracts more viable business
Proposed Amendment
In order to update the City of San Bernardino Development Code (SBMC Title 19) definitions for Neighborhood Grocery Stores/Supermarkets to align with state and industry standards, this amendment will update Section 19.02.050 (Basic Provisions-Definitions). 2 4
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The attached exhibit (Attachment 2) includes the specific changes proposed for adoption into the Development Code.
Implementation
This ordinance will become effective 30 days following final adoption by the Mayor and City Council.
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development, as follow:
2.10 Actively apply, enforce, and utilize the General Plan in the day-to-day activities of the City. By adopting Development Code Amendment 24-04 the General Plan definition for a Supermarket/Grocery Store would be updated to align with Industry and State standards.
2021-2025 Strategic Targets and Goals
Development Code Amendment 24-06 aligns with Key Target Goal No. 4(b): Economic Growth & Development - Update the General Plan and Development Code. Specifically, the amendment to the City of San Bernardino Development Code for Chapter 19.02.050 (Basic provisions-Definitions) proposed under Development Code Amendment 24-06 will ensure that the City’s Development Code is consistent with the City’s General Plan.
Fiscal Impact
No fiscal impact associated with this item
Conclusion
It is recommended the Mayor and City Council of the City of San Bernardino California:
1. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1648 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-06 amending Chapter 19.02.050 (Basic Provisions-Definitions) to update the City of San Bernardino Development Code (SBMC Title 19) definitions for Neighborhood Grocery Stores/Supermarkets to align with state and industry standards; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1); and
2. Schedule the adoption of Ordinance No. MC-1648 to the regularly scheduled meeting of the Mayor and City Council on March 5, 2025.
Attachments
Attachment 1 Ordinance MC-1648
Attachment 2 DCA Exhibit
Attachment 3 Resolution 2024-049-PC approval
Attachment 4 How is the grocery store footprint changing L.E.D.
Attachment 5 SB 1383 Guidance for Jurisdictions
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Attachment 6 Retail food Code Legalinfo.legislature.ca.gov Attachment 7 Grocery Store-Supermarket Definition Law Insider Attachment 8 Presentation
Ward:
All Wards
Synopsis of Previous Council Actions:
No Previous Council Action.