RESOLUTION NO. 2024-049 - PC
RESOLUTION NO. 2024-049 - PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RECOMMENDING APPROVAL OF DEVELOPMENT CODE
AMENDMENT 24-06 TO THE MAYOR AND CITY COUNCIL
TO UPDATE THE DEFINITIONS FOR NEIGHBORHOOD
GROCERY STORES/SUPERMARKETS TO ALIGN WITH
STATE AND INDUSTRY STANDARDS; AND FINDING THAT
DEVELOPMENT CODE AMENDMENT 24-06 IS EXEMPT
FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).
WHEREAS, the last comprehensive update to the City's Development Code (Title 19) was adopted in May 1991; and
WHEREAS, Development Code Amendment 24-06 is a City-initiated amendment to Section 19.02.50 (Basic Provisions - Definitions) of the City of San Bernardino Development Code (SBMC Title 19) to update the definitions of Neighborhood Grocery Stores/Supermarkets to align with state and industry standards; and
WHEREAS, the Planning Division of the Community Development and Housing Department has reviewed Development Code Amendment 24-06 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 Section 15060(c) of the California Environmental Quality Act ("CEQA"), the Planning Division of the Community Development and Housing Department has evaluated Development Code Amendment 24-06; and WHEREAS, on November 27, 2024, 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 the property owners within 1,000 feet of the subject property of the holding of a public hearing at which Development Code Amendment 24-06 would be considered; and WHEREAS, on December 10, 2024, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 24-06, and at which meeting the Planning Commission considered Development Code Amendment 24-06; and WHEREAS, pursuant to the requirements of Section 19.42.030 (Development Code Amendments - Commission Action on Amendments) of the City of San Bernardino Development Code, the Planning Commission has the authority to recommend to the Mayor and City Council the approval of the Development Code Amendment 24-06.
RESOLUTION NO. 2024-049 - PC
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION:
The Planning Commission has reviewed and considered the information contained in the admınistrative record for Development Code Amendment 24-06. 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 hereby recommends that the Mayor and City Council find as follows:
(1) The administrative record has been completed in compliance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City's Local CEQA Guidelines;
(2) Development Code Amendment 24-06 is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Development Code Amendment 24-06 does not authorize any specific development within the City's boundaries. Development Code Amendment 24-06 is exempt from CEQA because the adoption of the Development Code Amendment is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment (State CEQA Guidelines, Section 15061(b)(3)). The proposed Development Code Amendment will not create significant effects on the environment as it consists of updates to the City of San Bernardino Development Code; and (3) The determination of CEQA exemption reflects the independent judgment of the Mayor and City Council.
SECTION 2. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 24-06 Section 19.74.050 (Findings) of the City of San Bernardino Development Code requires that Development Code Amendment applications meet certain findings prior to their approval by the Mayor and City Council. Accordingly, the following findings are provided in support of the recommendation by the Planning Commission for the approval of Development Code Amendment 24-06
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: General Plan Goals and Policy 2.10 States "Actively apply, enforce, and utilize the General Plan in the day-to-day activities of the City." By adopting Development Code Amendment 24-06 the definition for a Neighborhood Grocery Store/Supermarket would be updated to align with Industry and Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
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Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment is operational in procedure and would allow operators of stores SECTION 4. DEVELOPMENT CODE AMENDMENT 24-06
Section 19.02.050 (Basic Provisions - Definitions) of Title 19 (Development Code) of the City of San Bernardino Municipal Code is hereby amended as follows:
Neighborhood Grocery Stores. A full-service grocery store ranging in size from 5,001 to 15,000 10,000 square feet in gross floor area, that sells fresh fruit, vegetables, meat and fish, has food prepared on-site, and which may or may not sell alcohol.
Supermarket. A full-service, self-service retail store, larger than 15,000 10,000 square feet in gross floor area, which sells food and household supplies. 3 RESOLUTION NO. 2024-049 - PC
SECTION 4. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adoption of Planning Commission Resolution No. 2024-049 - PC forwarding a recommendation that the Mayor and City Council:
a. Find: Development Code Amendment 24-06 is not a project within the meaning of State CEQA Guidelines Section 15378, and is exempt from CEQA pursuant to State CEQA Guidelines Section 15061(b)(3) in accordance with the California Environmental Quality Act, and directing the Director of Community Development and Housing to prepare and file with the Clerk of the County of San Bernardino a Notice of Exemption as provided under Public Resources Code Section 21152(b) and CEQA Guidelines Section 15062; and
b. Approve: Development Code Amendment 24-06 based on the Findings 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: Genoveva Rocha, City Clerk, 201 North E Street (Building A), 909-384-5002.
PASSED, APPROVED, AND ADOPTED this 10"h day of December 2024.
YOhenck
San Semari, Chapers Commission
Gabriel Elliott, Planning Commission Secretary
City of San Bernardino, California
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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. 2024-049 - PC, was duly adopted by the Planning Commission of the City of San Bernardino, California, at a regular meeting thereof held on the 10"h day of December 2024, by the following vote, to wit:
AYES: Sherrick, Quiel, Daily, Lopez, I. Garcia, Flores, O. Garcia NOES:
ABSENT: Armstead and Karaiscos
ABSTAIN:
Physiat
lyssa Blancas, Recording Secretary
City of San Bernardino, California
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