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PLANNING COMMISSION RESOLUTION NO. 564-2023
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
BARSTOW, CALIFORNIA MAKING FINDINGS AND RECOMMENDING
THAT THE CITY COUNCIL APPROVE 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) AND ZONING TEXT AMENDMENT PZCA-23-0001 TO ALLOW FOR A ZONE CHANGE TO
203 WEST MAIN ST. BARSTOW, CA FROM COMMERCIAL (C) TO
DIVERSE USE (DU)
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 Planning Commission initiated the process of adopting a General Plan Amendment by adopting a motion describing the Amendment in accordance with Barstow Municipal Code Section 19.34.010(b)(2); and WHEREAS, the City received an application from Ouhnar LLC on July 5, 2023 for a Zoning Text Amendment in accordance with Barstow Municipal Code Chapter
19.32(b)(3) (Zoning and Zoning Ordinance Amendments); and WHEREAS, the Planning Commission initiated the process of adopting a Zoning Text Amendment by adopting a motion describing the Amendment in accordance with Barstow Municipal Code Section 19.32.010(b)(2); and
WHEREAS, notice of a public hearing to be held by the Planning Commission on October 9, 2023 for the General Plan Amendment and Zoning Text Amendment with notice of said hearing and published in the Victor Valley Daily Press at least 10 days prior to the public hearing, in accordance with Barstow Municipal Code Section
19.32.040, 19.34.040, and 19.40.010; and
WHEREAS, PGPA-23-0001 and PZCA-23-0001 propose a General Plan Land Use designation and zone change from Commercial (C) to Diverse Use (DU) to allow for the conversion of 2 existing commercial structures. One (1) structure to be converted to long-term residential units and one (1) structure to be utilized as either a residential or commercial use as Diverse Use (DU) permits for either use; and WHEREAS, the Planning Commission has considered all of the evidence submitted into the administrative record, which includes, but is not limited to:
1. General Plan Amendment initial request presented to the Planning Commission March 13, 2023.
2. General Plan Amendment formal request presented to the Planning Commission April 24, 2023.
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3. Zoning Text Amendment presented to the Planning Commission October 9 th, 2023.
4. Applicant Statements
WHEREAS, the Planning Commission desires to recommend approval of General Plan Amendment PGPA-23-0001 will allow for a General Plan Land Use designation change from Commercial (C) to Diverse Use (DU) permitting additional housing within the City and Zoning Text Amendment PZCA-23-0001 will allow for a change in zoning district from Commercial (C) to Diverse Use (DU), allowing for the vacant space to be utilized for housing, assisting with the City’s Regional Housing Needs Allocation (RHNA) after weighing all the evidence.
NOW, THERFORE, the Planning Commission of the City of Barstow does hereby resolve 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. General Plan Amendment Findings
In view of all of the evidence and based on the foregoing findings, the Planning Commission concludes as follows:
FINDINGS
Chapter 19.34 (General Plan Amendments) of the Barstow Municipal Code (BMC) allows the Planning Commission to recommend approval of a proposed General Plan Amendment provided that the General Plan Amendment complies with the requirements of Chapter 19.34:
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 Planning Commission finds that the 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; and
SECTION 3. Zoning Text Amendment Findings
In view of all of the evidence and based on the foregoing findings, the Planning Commission concludes as follows:
FINDINGS
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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 General Plan Amendment and Zone Change request is required in order to allow for applicant’s proposal. 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 PGPA23-0001 and PZCA-23-0001 would allow for this cohesion.
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.
1. The approval of PGPA-23-0001 and PZCA-23-0001 is in compliance with the California Environmental Quality Act (CEQA);
The proposal under PGPA-23-0001 and PZCA-23-0001 is exempt from CEQA 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; 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.
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SECTION 4. Recommendation
In view of all of the evidence and based on the foregoing findings and conclusions, the Planning Commission of the City of Barstow hereby recommends that the City Council approve General Plan Amendment PGPA-23-0001 to allow for a General Plan Amendment for a General Plan land use designation change to 203 West Main Street Barstow, CA from Commercial (C) to Diverse Use (DU) and Zoning Text Amendment PZCA-23-0001 to allow for a zone change to 203 West Main Street Barstow, CA from Commercial (C) to Diverse Use (DU)
SECTION 5. 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 6. Certification:
The Recording Secretary shall certify to the passage and adoption of this Resolution and shall cause the same to be processed in the manner required by law.
PASSED, APPROVED AND ADOPTED this ________ day of __________, 2023. ___________________________
Bea Lint, Chair
ATTEST:
________________________
Genesis Crank, Recoding Secretary
AYES:
NOES:
ABSENT:
ABSTAIN: