RESOLUTION NO. 0000-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BARSTOW ADOPTING AN INTERPRETATION OF BARSTOW
MUNICIPAL CODE SECTIONS 19.16.090(b) AND 19.38.080
RELATING TO NONCONFORMING RESIDENTIAL
STRUCTURES IN THE COMMERCIAL ZONING DISTRICT
WHEREAS, the City of Barstow adopted the Zoning Ordinance of the City of Barstow (Title 19 of the Barstow Municipal Code (“BMC”)) to regulate the land uses and development standards within the City; and
WHEREAS, Chapter 19.16 of the BMC establishes regulations governing development and uses within the Commercial (C) zoning district, including conditions under which businesses may be established; and
WHEREAS, Chapter 19.38 of the BMC establishes regulations governing nonconforming uses and nonconforming structures, and expresses the City’s intent to limit the extent of nonconformities while providing standards under which such structures may be altered or converted; and
WHEREAS, BMC Section 19.16.090(b) provides that no business 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; and
WHEREAS, BMC Section 19.16.010 states that the regulations of the Commercial zoning district apply except as otherwise provided in the Zoning Ordinance of the City of Barstow; and
WHEREAS, questions have arisen regarding the interpretation and interaction of these provisions as they apply to properties zoned Commercial that contain residential structures that constitute nonconforming uses or nonconforming structures; and WHEREAS, BMC Section 19.00.030 provides that when ambiguity exists with reference to the requirements of the Zoning Ordinance of the City of Barstow, it is the duty of the Planning Commission and City Council to ascertain the pertinent facts and, by resolution, set forth findings and reasons for an adopted interpretation, which interpretation shall thereafter govern; and
WHEREAS, on February 9, 2026, the Planning Commission approved Planning Commission Resolution 569-2026, recommending the interpretation of allowing both BMC Sections 19.16.090(b) and 19.38.080 to operate without negating one another, and considered the staff report, the identified ambiguity in the applicable code sections, the range of reasonable interpretations of the Barstow Municipal Code, and the practical effects of each interpretation; and
WHEREAS, the City Council adopts a governing interpretation of the Barstow Municipal Code to promote consistency, predictability, and alignment with the stated purposes of the Commercial zoning and nonconforming use provisions.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Barstow does hereby find and determine as follows:
1) Findings. The City Council finds as follows:
1. The recitals are true and correct.
2. The code interpretation below reasonably harmonizes the Commercial zoning regulations with the nonconforming structure provisions of Title 19 of the Barstow Municipal Code by allowing both BMC Sections 19.16.090(b) and
19.38.080 to operate without negating one another.
3. The code interpretation is narrowly limited in scope because it permits alteration or conversion of a nonconforming residential structure only where the residential use is eliminated and the entire structure is brought into full compliance with all applicable Commercial zoning district development standards.
4. The code interpretation avoids a reading that would categorically prohibit conversion of nonconforming residential structures to permitted commercial uses, even where full conformity is achieved, and is therefore consistent with the structure and intent of BMC Chapter 19.38.
5. The code interpretation provides clear, objective criteria for future application of the Barstow Municipal Code by tying eligibility for alteration or conversion to full compliance with the Commercial zoning standards, thereby promoting predictability and consistent administration.
6. The code interpretation promotes the public health, safety, comfort, convenience, and general welfare.
7. The code is consistent with the purpose of Title 19 of the Barstow Municipal Code and will not impair the present or potential use of adjacent properties subject to current zoning regulations.
2) Adoption of Interpretation. The City Council hereby adopts the following interpretation of the below-identified provisions of Title 19 of the Barstow Municipal code:
Under Barstow Municipal Code Section 19.16.010, Barstow Municipal Code Section 19.38.080 operates as a limited exception to Barstow Municipal Code Section 19.16.090(b) when a nonconforming residential structure in the Commercial zoning district is fully converted to conform to all applicable Commercial zoning district development standards and any residential use of the structure is eliminated and replaced by a permitted commercial use.
PASSED, APPROVED, AND ADOPTED this 7th day of April 2026.
DATED: ____________, 2026
___________________________
Tim Silva, Mayor
ATTEST:
_____________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow, hereby certify that the foregoing Planning Commission Resolution was duly passed at a regular meeting of the Planning Commission of the City of Barstow held on the 7th day of April 2026 by the following vote on roll call:
Ayes:
Noes:
Absent:
_____________________________
Andrea Flores, City Clerk