331421.1
CITY COUNCIL RESOLUTION NO. 5149-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA APPROVING THE GENERAL PLAN AMENDMENT PGPA23-0001 TO ALLOW FOR A GENERAL PLAN LAND USE DESIGNATION CHANGE TO PARCEL 203 WEST MAIN ST. BARSTOW, CA FROM
COMMERCIAL (C) TO DIVERSE USE (DU) AND FINDING THAT THE
GENERAL PLAN AMENDMENT HAS BEEN DETERMINED TO BE
EXEMPT FROM CEQA
WHEREAS, the City received an application from Ouhnar LLC on February 1, 2023 for a General Plan Amendment in accordance with Barstow Municipal Code Chapter
19.34(b)(3) (General Plan Amendments); and
WHEREAS, the City initiated the process of adopting a General Plan Amendment 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 19.34.010(b)(1); and
WHEREAS, a public hearing was held by the Planning Commission on April 24, 2023, for the General Plan Amendment 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 General Plan Amendment to the City Council; and
WHEREAS, Government Code section 65860 requires a City or County’s General Plan to be consistent with its Zoning Ordinance and whereas the proposed General Plan Amendment complies with said Government Code; and
WHEREAS, the City Council hereby finds the proposed General Plan Amendment is exempt from the California Environmental Quality Act (CEQA) under Article 14 California Code of Regulations Sections - 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) 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. as the proposed General Plan land use designation change is for an existing commercial site less than five acres within an urban uses area. 331421.1 2
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; 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 15062, citing the exemptions under Guidelines Sections 15301, 15302, and 15332, within the required timing post City Council approval of the requested Zone District Change and proposed General Plan Amendment; 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 24, 2023 and October 9, 2023 and continued the matter; and
WHEREAS, per Barstow Municipal Code Chapter 19.34 (General Plan Amendments), an amendment to the General Plan land use map may be approved only if the following findings are made, as applicable to the type of amendment in compliance with State law (Government Code Section 65800, et. seq.). The City Council hereby determines as follows:
1. Section 19.34.080 of the Barstow Municipal Code requires that all General Plan Amendments be processed in accordance with the Government Code.
The City Council finds that the proposed General Plan Amendment is necessary and desirable for the future development of Barstow as mandated pursuant to State Law, specifically Government Code Section 65300 et seq. and is further justified by good planning practice. The City Council also finds that the proposed change in General Plan land use designation 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 land use designation amendment is not internally inconsistent with the other provisions of the General Plan, 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 land use designation are compatible with the surrounding land use designations.
NOW, THERFORE, the City Council of the City of Barstow does hereby resolve as follows:
331421.1 3
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 General Plan Amendment. The City Council hereby approves PGPA-23-0001 changing the General Plan land use designation from Commercial (C) to Diverse Use (DU) for the parcel located at 203 West Main Street Barstow, CA.
The City Council adopts the General Plan 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 resolution 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 Zone District Change 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.
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 331421.1 4
further relies on the CEQA findings and declarations as stated in the concurrently approved Ordinance No. 1023-2023 approving the Zoning District Change.
SECTION 5. EFFECTIVE DATE. This Resolution is not effective unless and until Ordinance No. 000-2023 approving the related Zoning District Change 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 resolution and shall cause the same to be processed in the manner required by law.
PASSED, APPROVED AND ADOPTED this 18th day of December, 2023. ___________________________
Paul Anthony Courtney, Dr.B.A., Mayor
________________________
Andrea Flores, City Clerk
ATTEST:
I, Andrea Flores, City Clerk of the City of Barstow 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 Resolution No. 5149-2023, was adopted by said City Council at a regular meeting held on the 18th of December, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Andrea Flores, City Clerk