Joint Special
Council/Successor Agency
04/7/26 05:30 PM
Building
Christopher Heldreth
Determinations of Use
Doc ID: 6344
COUNCIL AGENDA ITEM
AGENDA MATTER:
ADOPTION OF CITY COUNCIL RESOLUTION NO. _____-2026 ADOPTING AN INTERPRETATION IN
REGARD TO A NONCONFORMING RESIDENTIAL PROPERTY LOCATED WITHIN THE
COMMERCIAL (C) ZONING DISTRICT BASED UPON A RECOMMENDATION BY THE CITY OF
BARSTOW'S PLANNING COMMISSION
EXECUTIVE SUMMARY:
On February 9, 2026, the City of Barstow's Planning Commission adopted Planning Commission Resolution No. 569-2026 (Attachment B) recommending the City Council adopt a governing interpretation of the Barstow Municipal Code (BMC) in regard to Sections 19.38.080 and 19.16.090 (b). The two aforementioned BMC sections contain dueling code provisions; therefore, a request for an interpretation of the BMC is requested in regard to nonconforming residential structures within the Commercial (C) zoning district.
DISCUSSION:
Section 19.00.030 of the Barstow Municipal Code (BMC), “Interpretation,” identifies the Planning Commission and City Council as the authorities to make governing determinations when ambiguity exists within the BMC. As per BMC Section 19.00.030. a determination from Planning Commission is recommended to the City Council, and thereafter, the City Council’s interpretation shall govern.
The Planning Commission reviewed a determination of use at the regularly scheduled meeting on Monday, February 9, 2026, which proposed converting an existing structure located at 2001 Aurora Way within the Commercial (C) zoning district, formerly used as a residence, into a medical office facility. The determination was necessary as BMC Code Sections 19.38.080 and 19.16.090(b) were in conflict with one another, as described below:
DUELING CODE CHAPTERS/SECTIONS:
Nonconforming Uses Chapter - 19.38
Barstow Municipal Code Sec. 19.38.080 “Nonconforming Buildings - Changes” states:
Except as otherwise provided by this title, no nonconforming building shall be enlarged, remodeled or structurally altered unless the entire building is so changed as to be conforming.
Commercial District Chapter - 19.16
Barstow Municipal Code Sec. 19.16.090(b), within “Conditions of Use” of the “Commercial District” chapter states:
No business or building shall be erected, constructed, or established on the same lot together with a building originally designed and used as a residence unless the residential structure is completely removed.
Joint Special
Council/Successor Agency
04/7/26 05:30 PM
Building
Christopher Heldreth
Determinations of Use
Doc ID: 6344
COUNCIL AGENDA ITEM
Barstow Municipal Code Sec. 19.16.010, “Purpose” of the “Commercial District” chapter states:
The commercial district is intended to serve the many uses in the commercial classification.
Except as specifically provided elsewhere in this title, any building or premises in the commercial district used or occupied and every building erected, constructed, or established within said commercial district shall be only in accordance with the regulations set forth in this chapter.
Upon review of the BMC sections, the Planning Commission identified the ambiguity between the BMC Sections 19.38.080 and 19.16.090(b) and considered the following interpretations POSSIBLE INTERPRETATIONS:
1. No business shall be established on the same lot together with a building originally designed and originally used as a residence unless the residential structure is completely removed.
Effect:
No building can ever be erected or constructed on the same lot as the residential structure;
No business can ever be established on the same lot as the residential structure; and The residential structure cannot be converted for commercial use.
Demolition of a nonconforming residential structure would be required.
2. Under Barstow Municipal Code 19.16.010, Barstow Municipal Code 19.38.080 operates as a limited exception to BMC 19.16.090(b), where a nonconforming residential structure is fully converted to a conforming commercial structure.
Effect:
A property owner may enlarge, remodel, or structurally alter rather than remove a residential nonconforming structure in a commercial district for commercial use, provided that the entire building is changed so as to conform to all applicable commercial district development standards.
Based upon review and discussion, the Planning Commission adopted Planning Commission Resolution No. 569-2026 (Attachment B), which recommended adoption of Interpretation No. 2, which would allow a residential structure to fully convert to a conforming commercial structure without the complete removal of the residential structure allowing for the existing structure to be utilized while harmonizing the requirements of the Commercial (C) zoning district with the nonconforming structure provisions of Title 19 of the BMC, allowing both Sections 19.16.090(b) and 19.38.080 to operate without negating one another.
The net effect of the Planning Commission’s recommendation is to allow existing, nonconforming residential structures in the Commercial (C) zoning district to be converted into commercial facilities, without requiring demolition of the entire structure, if the applicable commercial zoning standards are met.
Joint Special
Council/Successor Agency
04/7/26 05:30 PM
Building
Christopher Heldreth
Determinations of Use
Doc ID: 6344
COUNCIL AGENDA ITEM
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item.
RECOMMENDED ACTION:
Staff recommends that the City Council:
1. Adopt Resolution No. 0000-2026 (Attachment A) adopting an interpretation of Barstow Municipal Code Sections 19.16.090(b) and 19.38.080 in order to provide clear, objective criteria for future application of the Barstow Municipal Code by tying eligibility for enlarging, remodeling, and/or structural alteration or conversion of a former residential property to meet full compliance of the Commercial (C) zoning standards, thereby promoting predictability and consistent administration.