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ORDINANCE NO. _______-2023
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BARSTOW APPROVING ZONING TEXT AMENDMENT
PZCA-23-0001 TO ALLOW FOR A ZONING DISTRICT CHANGE
TO PARCEL 203 WEST MAIN ST. BARSTOW, CA FROM
COMMERCIAL (C) TO DIVERSE USE (DU)
WHEREAS, the City received an application from Ouhnar LLC on July 5, 2023 for a Zoning District Change in accordance with Barstow Municipal Code Chapter
19.32(b)(3) (Zoning and Zoning Ordinance Amendments); and WHEREAS, the City initiated the process of adopting a Zoning District Change by directing the Planning Commission to hold a public hearing on General Plan Amendment PGPA-23-0001 to allow for a General Plan Land Use Designation Change to 203 West Main St. Barstow, CA from Commercial (C) to Diverse Use (DU) Barstow Municipal Code Section 19.32.010(b)(1); and
WHEREAS, a public hearing was held by the Planning Commission on October 9, 2023, for the Zoning District Change with notice of said hearing and published in the Victor Valley Daily Press at least 10 days prior to the public hearing, at which the Planning Commission voted to recommend approval of the Zoning District Change to the City Council; and
WHEREAS, the City Council orders the Community Development Department staff file the Notice of Exemption for CEQA under Article 14 California Code of Regulations Section 15301 (Existing Facilities) of the CEQA Guidelines, which exempts the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety; and Section 15302 (Replacement or Reconstruction) which exempts proposals where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Finally, Section 15332 (In-Fill Development Projects) which exempts proposed development that occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, , as the proposed General Plan land use designation change is for an existing commercial site less than five acres within an urban uses area; within the required timing post City Council approval of the requested Zoning District Change and change in General Plan Land Use Designation; and
WHEREAS, on December 4, 2023, the City Council commenced a duly noticed public hearing and received and considered all public testimony, documentary evidence and staff recommendations submitted at such public hearing regarding the proposed Zoning District Change and General Plan Amendment as recommended by the Planning Commission at hearings on April 4, 2023 and October 9, 2023; and WHEREAS, per Barstow Municipal Code Chapter 19.32 (Zoning and Zoning Ordinance Amendments), a Zoning District Change may be approved only if the following findings are made, as applicable to the type of amendment in compliance with 2 331422.1
State law (Government Code Section 65800, et. seq.). The City Council hereby determines as follows:
FINDINGS
Chapter 19.32 (Zoning and Zoning Ordinance Amendments) of the Barstow Municipal Code (BMC) allows the Planning Commission to recommend approval of a proposed Zoning Text Amendment provided that the following findings are made:
1. The commission shall make a finding and determine if the proposed zoning ordinance or zoned district classification change is in conformance with the land use designation, policies, and standards of the General Plan; The requested Zoning District Change is required in order to allow for applicant’s proposal to convert the existing motel in to residential units. Under Commercial zoning, residential uses are not permitted. Diverse Use zoning defined in the Barstow Municipal Code as The purpose of the DU diverse use district is to implement the policies of the general plan, to encourage a harmonious intermingling of business and residential structures, to provide for an increased variety and intermixture of residential, commercial, and office activities, and to enhance the pedestrian usage and character of this district. Approval of PZCA-23-0001 would allow for this cohesion. The City Council also finds that the proposed zone change for the project site from Commercial (C) to Diverse Use (DU) is beneficial to the public’s welfare because it will allow economically productive use of the project site by a variety of potential future land uses, including commercial enterprises which would generate tax revenue to pay for City services to the community and potential residential development which would create additional opportunities for community members to live and work in the City of Barstow. The City Council also finds that the proposed zone change is not internally inconsistent with the other provisions of the General Plan or Barstow Municipal Code, as no section prohibits a diverse use land use designation at the project site and the list of land uses allowed under the diverse use zone are compatible with the surrounding land use designations and zones.
2. No zoning ordinance amendments or zoned district change shall be heard by the commission, nor any application filed unless such change is consistent with the adopted land use element of the General Plan. If an application for a zoning ordinance amendment or zoned district change is not consistent with the General Plan as determined by the director of community development, the applicant shall first file an application for a General Plan amendment, subject to the provisions of chapter 19.34 in order that such consistency would be achieved if the zoning ordinance amendment or zoned district change were to be approved by commission action.
Applicant has filed both a General Plan Amendment and Zone Change request, should both be approved 203 West Main Street land use designation and zoning district will be consistent with City of Barstow General Plan as amended. 3 331422.1
NOW THEREFORE, the City Council of the City of Barstow hereby ordains as follows:
SECTION 1. Recitals. The City Council finds that all the facts, findings, and conclusions set forth above in this Resolution are true and correct.
SECTION 2. Approval of Zoning District Change. The City Council hereby approves PZCA-23-0001 changing the Zoning District for 203 West Main St.
Barstow, CA from Commercial (C) to Diverse Use (DU).
The City Council adopts the Zoning Text Amendment as depicted in Exhibit 1, subject to the final conditions of approval attached as Exhibit 2. The City Council hereby directs the City Manager or his designee to prepare and make publicly available the updated General Plan land use designation map reflecting this change.
SECTION 3. Severability Clause. Should any section, clause, or provision of this Resolution be declared by the Courts to be invalid, the same shall not affect the validity of the Resolution as a whole, or parts thereof, other than the part so declared to be invalid.
SECTION 4. CEQA. The City Council finds the adoption of this ordinance is exempt from review under the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, which exempts the restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety; and Section 15302 (Replacement or Reconstruction) which exempts proposals where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Finally, Section 15332 (In-Fill Development Projects) which exempts proposed development that occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, as the proposed General Plan land use designation change is for an existing commercial site less than five acres within an urban uses area.
The site has two (2) existing structures and if approved, applicant proposes renovations and upgrades to each building. The vacant motel will be converted in to residential units and the second structure to be restored back to an operating laundromat. Proposal associated with the Zoning District Change and General Plan Amendment meets the referenced findings..
The City Council finds that the Notice of Exemption prepared for the Zoning Text Amendment and General Plan Amendment demonstrates there is no potential for significant environmental impacts associated with the project, which changes the General Plan Land Use Designation and applicable zone for an existing site and is exempt from review under the California Environmental Quality Act Guidelines, sections 15301, 15302, and 15332.
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The City Council further adopts and hereby incorporates by reference as if set forth fully herein the Notice of Exemption and supplemental information narrative, providing additional basis for this CEQA exemption determination. The City Council further relies on the CEQA findings and declarations as stated in the concurrently approved Resolution No. 000-2023 approving the General Plan Amendment.
SECTION 5. EFFECTIVE DATE. This ordinance is not effective unless and until Resolution No. 000-2023 approving the related General Plan Amendment for the parcel located at 203 West Main Street, Barstow takes effect.
SECTION 6. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be processed in the manner required by law.
The City Clerk is hereby directed to cause the Zoning Map of the City of Barstow to be amended to show the number and date of this ordinance and to reflect the change effected thereby.
PASSED, APPROVED AND ADOPTED this _______th day of _______, 2023 __________________________________
Paul Anthony Courtney, Dr. B.A., Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk for the City of Barstow, California, and ex-officio Clerk of the City Council, do hereby certify under penalty of perjury that the foregoing is a true and correct copy of Ordinance No. _______-2023, which was introduced at a special meeting of the City Council of the City of Barstow held on the _______ th day of
_______-2023 and adopted at the regular meeting of the City Council of the City of Barstow on the . _______
th day of _______, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
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ABSENT:
____________________________
Andrea Flores, City Clerk