Ordinance No. MC-1648
1 ORDINANCE NO. MC-1648
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 24-06,
AMENDING SECTION 19.02.020 (DEFINITIONS) OF THE
CITY OF SAN BERNARDINO MUNICIPAL CODE (TITLE
19) 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, the Planning Division of the Community Development and Housing Department has prepared Development Code Amendment 24-06 to be consistent with the City of San Bernardino General Plan, compliance with the City of San Bernardino Municipal Code, and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development and Housing Department evaluated Development Code Amendment 24-06 and determined that it is exempt from CEQA under Section 15061(b)(3) (Review for Exemption); and
WHEREAS, on December 10, 2024 the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2024-049 recommending to the Mayor and City Council the approval of Development Code Amendment 24-06 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, notice of the February 19, 2025 public hearing for the Mayor and City Council's consideration of Development Code Amendment 24-06 was published in The Sun Ordinance No. MC-1648
2 newspaper on February 8, 2025, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to act on Development Code Amendment 24-06.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.
SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of Development Code Amendment 24-06 and this Ordinance No. MC-1648 will result in a significant effect on the environment, and thus the project is exempt pursuant to Section 15061(b) of the California Environmental Quality Act guidelines due to the fact that the activity does not result in a direct or reasonably foreseeable indirect physical change in the environment.
SECTION 3. Finding of Facts – 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 State standards.
Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
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 within the City of San Bernardino containing 10,000 square feet or more, the same opportunities as a competitor in a different jurisdiction that would follow the modern industry standards definition for a Neighborhood Grocery Store/Supermarket.
SECTION 4. Adoption of Ordinance. Development Code Amendment 24-06 to amend 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 Ordinance No. MC-1648
3 with state and industry standards attached hereto and incorporated herein by reference as Exhibit “A”, is hereby approved.
SECTION 5. Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 24-06.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption.
SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of March 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Ordinance No. MC-1648
4 CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDINO
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1648, introduced on February 19th 2025 and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held on the 5th day of March 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
KNAUS
FLORES
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this day of ____ 2025.
Genoveva Rocha, CMC, City Clerk