435724.6
Staff Report
ATTACHMENT C-9
City Council Ordinance No. 1045-2026
Prezoning, LAFCO Reorganization Action Area A
A. Prezoning Map, Action Area A
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ORDINANCE NO. 1045-2026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BARSTOW PREZONING SAN BERNARDINO LOCAL AGENCY
FORMATION COMMISSION ACTION AREA A (REORGANIZATIONS
TO INCLUDE ANNEXATIONS AND DETACHMENTS) FOR THE
BARSTOW INTERNATIONAL GATEWAY DEVELOPMENT
PROJECT; AND MAKING APPROPRIATE FINDINGS UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on February 17, 2015, the City Council adopted the 2015-2020 General Plan; and
WHEREAS, on October 2022, the City Council adopted a motion initiating preparation of the City of Barstow General Plan update to replace existing 2015 General Plan; and
WHEREAS, the City received an application (PDEV-24-001) from Burlington Northern Santa Fe Railway Company (“BNSF”) for the Barstow International Gateway development project (“BIG”) and related BIG Specific Plan on December 22, 2023 to develop an approximately 4,335-acre development including Rail Yard Overlay, Transload Warehousing Center, Mojave River Buffer, Private Solar Power Utility and associated infrastructure improvements; and
WHEREAS, the BIG Specific Plan establishes land use policies, development standards, infrastructure planning, and design guidelines necessary to govern development of BIG and any future development in the BIG Specific Plan area; and WHEREAS, the updated City of Barstow General Plan (“General Plan”) and associated re-zoning, ordinances, and resolutions, are collectively referred to as the “General Plan Update”; and
WHEREAS, the BIG Specific Plan and the Development Agreement for BIG, as well as associated re-zonings, pre-zonings, tentative tract map, vacations and dedications, maintenance agreement, ordinances, resolutions, and associated San Bernardino Local Agency Formation Commission (“LAFCO”) reorganizations are the “Development Project”; and
WHEREAS, the adoption of this Ordinance is one of several actions being taken by the City Council to adopt the General Plan Update and approve the Development Project; and
WHEREAS, the City Council approved a new Zoning Map by Ordinance No. 1035- 2026 and General Plan map by Resolution No. 5257-2026 that includes prezoning for LAFCO Reorganization Action Area A (“LAFCO Action Area A”); and 435724.6
WHEREAS, the proposed reorganization of LAFCO Action Area A includes: (1) an annexation to the City of Barstow and the Odessa Water District of approximately 2,686 acres, a detachment of the same area from San Bernardino County Service Area 70; and (2) an annexation to the Barstow Fire Protection District of approximately 2,605 acres, and a detachment of the same area from the San Bernardino County Fire Protection District, its North Desert Services Zone, and its Zone FP-5; and WHEREAS, the prezoning of LAFCO Action Area A entails approximately 2,676 acres being designated as Industrial within the proposed BIG Specific Plan area and the remaining portion of LAFCO Action Area A, an approximately 10-acre parcel, zoned for Rural Living that will be annexed and designated and prezoned as Business Park (BP); and
WHEREAS, the prezoning of LAFCO Action Area A also includes the disestablishment of an area of approximately 110 acres of County-zoned Agricultural Preserve that was previously utilized for agricultural activities; and WHEREAS, pursuant to California Government Code Section 65859, the City may prezone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the City; and
WHEREAS, in accordance with Government Code section 65859, the prezoning approved by this Ordinance shall become effective at the same time the annexation of LAFCO Action Area A becomes effective; and
WHEREAS, by Resolution No. 5256-2026, the City Council certified the City of Barstow General Plan and Barstow International Gateway Project Environmental Impact Report (State Clearinghouse No. 2024020501) ("certified EIR") for the City General Plan Update and Development Project, and adopted CEQA Findings on Impacts and Mitigation Measures, a Statement of Overriding Considerations and a Mitigation, Monitoring and Reporting Program, in compliance with the CEQA Guidelines Sections 15090,15091,15092 and 15093; and
WHEREAS, the EIR provides an analysis of the environmental impacts of the General Plan and Development Project and supports all levels of approval necessary to implement the General Plan and Development Project, including the actions authorized in this ordinance; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on May 16, 2026, took public testimony, discussed the EIR, the General Plan Update, and Development Project and adopted Resolution No. 600-2026 recommending that the City Council certify the EIR; adopt Findings of Fact, Mitigation Monitoring and Reporting Programs ("MMRPs"), and Statements of Overriding Considerations; and approve the General Plan, the BIG Development Project, and all related actions; and WHEREAS, in accordance with Barstow Municipal Code (“BMC”) section
19.40.010(b)(1), the Community Development Department on May 20, 2026 published a 435724.6
legal notice (1/8 page ad) in the “Victorville Daily Press,” a local newspaper of general circulation, notifying the general public of the June 2, 2026 meeting where the City Council would review the EIR, General Plan Update, and the Development Project, including this Ordinance; and
WHEREAS, the City Council conducted a duly noticed public hearing on June 2, 2026 and considered all oral and written testimony, including the Planning Commission’s recommendation, discussed the certified EIR, the General Plan Update, and Development Project, and introduced and waived the first reading of this Ordinance pursuant to Government Code section 36934.
NOW, THEREFORE, the City Council of the City of Barstow ordains as follows:
SECTION 1. Incorporation of Recitals. The above set forth recitals are true and correct and incorporated herein by reference, as if set forth herein in full.
SECTION 2. Findings. Based upon the foregoing recitals, and other evidence in the record for the General Plan the prezoning of San Bernardino LAFCO Action Area A, the City Council hereby determines as follows:
A. The proposed prezoning of San Bernardino LAFCO Action Area A was reviewed and deemed correct and in compliance with Government Code Section 65859 and Chapter 19.32 (Zoning and Zoning Ordinance Amendments) of Title 19 of the Barstow Municipal Code.
B. The prezoning of San Bernardino LAFCO Action Area A and related annexation and detachment is necessary to implement and consistent with the actions, goals, objectives, and policies of the City’s General Plan. The proposed zoning designations implement and are compatible with the allowed uses, density, and development standards of the applicable General Plan designation and Zoning Code regulations. The prezoning of LAFCO Action Area A supports General Plan goals and policies including, but not limited to:
General Policy LU-1.2 (Land Use Map consistency) is implemented in that the proposed designations, annexations and detachments resulting from the prezoning are consistent with the General Plan’s Land Use Map.
General Plan Policy LU-1.1 (Land use compatibility), Policy LU-1.5 (Industrial amendments) and Policy S-4.6 (Industrial proximity) are implemented through prezoning of the 2,676 acres of LAFCO Action Area A as Industrial within the proposed BIG Specific Plan area which facilitates the provision of land for jobgenerating uses, aligns zoning with the City’s adopted land use designations, and supports sustainable economic development consistent with the Barstow General Plan.
General Plan Policy LU-2.1 (Balanced mix of land uses) is furthered in that the annexed parcel, currently zoned for Rural Living, would be designated and pre- 435724.6
zoned as Business Park (BP). BP zoning designations implement the General Plan and provide designated areas for large numbers of employees, corporate professional offices, research and development, support services, and light industrial and manufacturing that generally confine operational impacts to the property. The BP zoning allows for legacy residential uses to remain and a limited number of new homes to be developed. Thus, prezoning the annexed parcel as BP zoning contributes to a mix of land uses.
General Plan Policy OSC-2.4 (Agricultural uses and resources) is also furthered in that the pre-zoning would also include the disestablishment of an area of approximately 110 acres of County-zoned Agricultural Preserve that was previously utilized for agricultural activities. This discourages commercial agricultural uses within city limits.
C. The prezoning designates approximately 2,676 acres as Industrial within the proposed BIG Specific Plan area and designates and prezones an approximately 10-acre parcel currently zoned Rural Living as Business Park (BP), thereby aligning zoning classifications with the BIG Specific Plan’s Land Use Plan, Development Regulations, and intended distribution of uses. The Industrial and Business Park prezoning supports the BIG Specific Plan’s purpose of facilitating large-scale, industrial and logistics uses, while maintaining internal land use compatibility and providing for limited continuation of existing uses where appropriate. Additionally, the disestablishment of approximately 110 acres of County-zoned Agricultural Preserve is consistent with the BIG Specific Plan, which does not contemplate ongoing agricultural use within the project footprint and instead establishes an urbanized industrial development framework supported by coordinated infrastructure and services. Collectively, the prezoning ensures that, upon annexation, lands within LAFCO Action Area A will be governed by zoning consistent with the BIG Specific Plan, thereby supporting orderly annexation, avoiding regulatory inconsistencies, and implementing the City’s adopted planning and regulatory framework pursuant to California Government Code section 65859.
D. The prezoning is consistent with Barstow Municipal Code and Zoning Regulations in that the proposed zoning designations exist within Title 19 as amended by Ordinance No. 1035-2026. The development standards applicable to the district(s) are appropriate for the physical characteristics of the site, including size, access, surrounding land uses, and environmental constraints. The prezoning will not create inconsistencies within the Zoning Code or conflict with other adopted regulations.
E. The prezoning promotes the public health, safety, and general welfare because it ensures orderly growth and development consistent with the City’s long-term planning. Further, it prevents incompatible land use patterns by applying City zoning standards upon annexation.
F. The prezoning and proposed annexations and detachments are in compliance with CEQA. The prezoning of LAFCO Area A is within the scope of the EIR concurrently adopted by Resolution No. 5256-2026.
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SECTION 3. Prezoning Approval. The prezoning for LAFCO Area A, as depicted in the map attached hereto as Exhibit A, is hereby approved.
SECTION 4. Severability. If any provision, section, subsection, paragraph, sentence, clause, or word of this Ordinance, or the application thereof to any person or circumstance, is rendered or declared invalid or unenforceable by any court of competent jurisdiction, the remaining provisions, sections, subsections paragraphs, sentences, clauses, or words of this Ordinance, and their application to other persons or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.
SECTION 5. CEQA. The City Council certified the City of Barstow General Plan and Barstow International Gateway Project Environmental Impact Report for the City General Plan and Development Project (State Clearinghouse No. 2024020501), and adopted CEQA Findings on Impacts and Mitigation Measures, a Statement of Overriding Considerations and a Mitigation, Monitoring and Reporting Program, by Resolution No. 5256-2026, incorporated herein by this reference as if set forth in full. The City Council hereby finds that the actions approved by this Ordinance are within the scope of the General Plan and Development Project analyzed in the certified EIR, that the certified EIR adequately describes the environmental impacts of such actions for the purposes of CEQA, and that no additional environmental review is required.
SECTION 6. Effective Date. This Ordinance shall take effect thirty days after adoption as provided by Government Code 36937. The City Clerk shall cause this Ordinance to be published in accordance with California Government Code Section 36933.
SECTION 7. Inconsistencies. Any provision of the City’s Municipal Code or appendices thereto that are inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby modified to the extent necessary to affect the provisions of this Ordinance.
SECTION 8. Certification and Publication. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause this Ordinance and her certification, together with proof of publication, to be entered in the Book of Ordinances of the City Council. The City Clerk shall also cause this Ordinance to be published in accordance with California Government Code Section 36933. 435724.6
PASSED, APPROVED AND ADOPTED this _____ day of _____, 2026 __________________________________
Timothy Silva, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________ _______________________
Andrea Flores Andrew L. Jared
City Clerk City Attorney
I, Andrea Flores, City Clerk for the City of Barstow, California, 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 Ordinance No.1045-2026, which was introduced at a regular meeting of the City Council of the City of Barstow held on the 2nd day of June 2026, and adopted at the regular meeting of the City Council of the City of Barstow on the _____ day of _____ 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
Andrea Flores, City Clerk
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EXHIBIT A
ORDINANCE NO. 1045-2026
LAFCO Action Area A
Prezoning Map
(STAFF REPORT ATTACHMENT C-9.A)