382783.2
ORDINANCE NO. ___-2025
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BARSTOW APPROVING A DEVELOPMENT AGREEMENT WITH LEWIS LAND DEVELOPERS, LLC., FOR THE DEVELOPMENT OF HOUSING ON 36.06
ACRES OF REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF
RIMROCK ROAD AND HIGGINS ROAD
WHEREAS, Lewis Land Developers, LLC, requests City Council consideration of a proposed Development Agreement for the development of a 146-lot single family residential project (‘Project”); and
WHEREAS, under its constitutional police power, the City has the authority to regulate use of land and to approve development agreements for the development of a residential projects; and
WHEREAS, the City’s procedures for approving and reviewing development agreements are set forth in Chapter 19.46 of the Barstow Municipal Code; and WHEREAS, the City desires to enter into a Development Agreement with Lewis Land Developers, LLC to allow for the construction of housing in the City at the Site; and WHEREAS, the California Legislature has found that “California has a housing supply and affordability crisis of historic proportions”; and WHEREAS, the site subject to the proposed Development Agreement consists of the approximately 36.06 acres on the southwest corner of Rimrock Road and Higgins Road as set forth in the legal description of the property, attached to the Development Agreement as its Exhibit A; and
WHEREAS, the City Council finds the adoption of this ordinance is in the best interest of the health, welfare, and safety of the public because it enables a single-family residential housing development project and brings much-needed new housing to the City by extending the life of a previously approved single-family residential development project to allow for a new, well-capitalized developer to complete the project given favorable market conditions, and adjusts certain roadway improvements conditions to match the City’s Circulation Element and updated traffic improvements planning.
NOW THEREFORE, the City Council of the City of Barstow hereby ordains as follows:
Section 1. Incorporation of Recitals. The above set forth recitals and findings are true and correct and incorporated herein by reference, as if set forth herein in full. 382783.2
Section 2. Finding Regarding the Development Agreement. Based upon the foregoing facts and findings for the Development Agreement, the City Council hereby determines as follows:
A. Notice of the December 9, 2024 Planning Commission public hearing was publicly provided by publication on ________.
B. Notice of the January 21, 2025 City Council public hearing was publicly provided by publication on ________.
C. At the December 9, 2024, Planning Commission public hearing, the Planning Commission recommended approval of this proposed Development Agreement.
D. The Development Agreement is correct and in compliance with Government Code Section 65865.2 and Barstow Municipal Code (BMC) Chapter 19.46.
E. The Development Agreement, if approved, is in the best interests of the City because the project aids the unmet single-family residential housing needs in the City and helps the City meet its Regional Housing Needs Assessment (RHNA) allocation requirements by adding an additional 146 single-family residential units.
F. The Development Agreement is consistent with the actions, goals, objectives, and policies of the City's General Plan and Zoning Regulations because the site is zoned Diverse Use, which allows single-family residential development and is within the maximum density allowed in the Diverse Use zone. The proposed Development Agreement extends the life of the project’s existing Vesting Tentative Map approval, which approved a project of 146 single-family residential units on approximately 36.06 acres. This proposed density of approximately 4 units per acre is less than the maximum allowed density in the Diverse Use zone per Barstow Municipal Code section 19.12.020. The proposed lots are also consistent with the minimum lot sizes identified in Chapter 19.10.040 of the Barstow Municipal Code, applicable to the site given it is zoned Diverse Use, per Barstow Municipal Code section 19.12.020. The proposed development agreement extends the vesting tentative tract map for an additional ten year period, plus a further five-year option, and modifies certain roadway improvements conditions to be consistent with the City’s Circulation Element and updated traffic improvements planning.
G. The application to the City was made on forms approved, and contains all information required by the Director and is filed with the Department in compliance with Chapter
19.46;
H. The application was accompanied by all lawfully required documents, materials, and information; and
I. With the adoption of this ordinance and its approval of the Development Agreement as 382783.2
consistent with the requirements in Chapter 19.46 of the Barstow Municipal Code and the City’s General Plan and Zoning Regulations, the City Council approves the Proposed Project.
Section 3. CEQA. This City Council’s adoption of this ordinance is exempt from review under the California Environmental Quality Act ("CEQA") because the ordinance approving the Development Agreement extending the life and modifying certain conditions for the Project is consistent with an Initial Study and previously certified Mitigated Negative Declaration in 2006 for the Tentative Tract Map, and the related, later amended Mitigated Negative Declaration approved on March 11, 2013. The project’s current scope is the same as the project for which the Mitigated Negative Declaration was previously approved. The proposed Development Agreement and related Planning Commission Resolution and City Council Ordinance do not require further review under CEQA as the proposed vesting tentative tract map extension and project conditions modifications approved by the Development Agreement are consistent with the project’s previously adopted Negative Declaration and Initial Study, which satisfied CEQA’s requirements.
This project is a permitted use within the Diverse Use zone under the BMC Chapter 19.12 and in accordance with the General Plan, Housing Element, and Zoning Map. The project proposes 146 single-family units, and two infrastructure lots, across an approximately 36.06 acre site and will not create any environmental impacts beyond those impacts already analyzed under the existing Mitigated Negative Declaration.
Section 4. Approvals. In view of all the evidence and based on the foregoing findings the City Council approves the Development Agreement with Lewis Land Developers, LLC and approves a Notice of Exemption from California Environmental Quality Act review for the Proposed Project, subject to the Conditions of Approval in the Development Agreement.
Section 5. Authorization to Execute Development Agreement. Pursuant to Barstow Municipal Code Chapter 19.46, the City Council directs the City Manager and the City Attorney to complete the development agreement embodying the terms and conditions of the Proposed Project as conditionally approved and authorizes the City Manager to execute the development agreement, which shall be substantially consistent with the proposed development agreement attached as “Exhibit A."
Section 6. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.
Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after adoption as provided by Government Code Section 36937.
Section 8. Indemnification. Developer shall defend, indemnify and hold harmless City, its elected and appointed commissions, officers, agents and employees, from and against any and all damages, claims, costs and liabilities arising out of the personal injury or death of any third party, or damage to the property of any third party, to the extent such damages, claims, costs or 382783.2
liabilities arise out of or in connection with the construction or operations of the Project under this Agreement by Developer or by Developer's contractors, subcontractors, agents or employees. Nothing in this Section 7 shall be construed to mean that Developer shall defend or indemnify City from or against any damages, claims, costs or liabilities arising from, or alleged to arise from, activities associated with the maintenance or repair by City or any other public agency of improvements that have been offered for dedication and accepted by City or such other public agency. City and Developer may from time to time enter into subdivision improvement agreements, as authorized by the Subdivision Map Act, which agreements may include defense and indemnity provisions different from those contained in this Section 7. In the event of any conflict between such provisions in any such subdivision improvement agreement and the provisions set forth above, the provisions of the agreement that provides greater indemnification shall prevail. No provision of this Agreement shall be construed to require any party to enter into subdivision improvement agreement that contains defense and indemnity provisions different from those contained in this Section 7. Full Indemnification terms are stated in Development Agreement.
Section 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code Section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting of the entire text.
PASSED, APPROVED AND ADOPTED this _____ day of __________, 2025 __________________________________
Tim Silva, Mayor
ATTEST:
______________________________
Andrea Flores, City Clerk
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. ___-2025, which was introduced at a regular meeting of the City Council of the City of Barstow held on the on the ____ day of _________ 2025, and adopted at the regular meeting of the City Council of the City of Barstow on the ____ day of _________ 2025, by the following vote:
AYES:
NOES:
382783.2
ABSTAIN:
ABSENT:
____________________________
Andrea Flores, City Clerk