RESOLUTION NO. 569-2026
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF BARSTOW RECOMMENDING THAT THE CITY
COUNCIL ADOPT 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
development and uses tithin the Commercial zes reguisit, 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 1916.010 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, the Planning Commission has reviewed 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 such interpretation; and
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WHEREAS, a Planning Commission determination is not considered a project under the California Environmental Quality Act (CEQA) Guidelines Section 15378, therefore it is not subject to the provisions of CEQA.; and WHEREAS, the Planning Commission is authorized to make a recommendation to the City Council regarding adoption of 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 Planning Commission of the City of Barstow does hereby find and determine as follows:
1) Findings. The Planning Commission finds as follows:
1. The recitals are true and correct.
2. The code interpretation recommended to the City Council 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 recommended 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 recommended 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 recommended 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 recommended code interpretation promotes the public health, safety, comfort, convenience, and general welfare.
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7. The recommended 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.
Recommendation. The Planning Commission hereby recommends that the City Council adopt 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.
3) Deference to and Effect of City Council Interpretation. The Planning Commission acknowledges that, pursuant to BMC 19.00.030, authority to adopt an interpretation of the Barstow Municipal Code rests with the City Council. Upon adoption by the City Council, such interpretation shall be deemed the interpretation of both the City Council and the Planning Commission.
PASSED, APPROVED, AND ADOPTED this 9th day of February 2026.
CJuan Antonio DeLucas, Chair
ATTEST:
Andrea Flores, City Clerk
APPROVE AS TO FORM: CORPORATE
SEPT. 30, 1947
Alan Mentzer
Adam Mentzer, Senior Counsel
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1, Andrea Flores, City Clerk of the City of Barstow, hereby certify that the foregoing Planning Commission Resolution was duly passed at a regular neeting of the Planning Commission of the City of Barstow held on the gth day of February, 2026, by the following vote on roll call:
Ayes: Chairman DeLucas, Commissioners Lint, Weasma, and Bremen Noes:
Absent: Vice Chairman Niemeyer
Andrea Flores, City Clerk
PC Reso No. 569-2026