ATTACHMENT 2
Residential Discount
Resolution
434999.3 Page 1 of 5
RESOLUTION NO. ________-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW,
CALIFORNIA, ADOPTING DISCOUNTED RATES FOR
RESIDENTIAL DEVELOPMENT SUBJECT TO THE CITY’S
DEVELOPMENT IMPACT FEES
WHEREAS, the City has the authority to impose development impact fees (“DIFs”) under the Mitigation Fee Act (Gov. Code, § 66000 et seq.) to help it fund new and / or expanded infrastructure to absorb the growth-based impacts that come with new development;
WHEREAS, such DIFs are supported by a nexus study explaining the connection between the proposed fees and the costs they will support (Gov. Code, § 66016.5); WHEREAS, both the nexus study and the DIFs it presents must be adopted at a noticed public hearing (Gov. Code, §§ 66004, 66016.5(a)(7), 66018, 66019(b)); WHEREAS, on March 3, 2026, the City Council held such a noticed public hearing to consider the Development Impact Fee Calculation & Nexus Study prepared by Revenue & Cost Specialists, dated February 9, 2026 (the “Nexus Study”), and the schedule of DIF rates set forth in Nexus Study’s Appendix A, entitled “Development Impact Fee Master Fee Schedule” (the “DIF Schedule”);
WHEREAS, the City Council adopted both the Nexus Study and the DIF Schedule through Resolution No. _____________;
WHEREAS, the DIF Schedule imposes fees for the following categories of development: Single-Family Residential; Multiple-Family Residential; Mobile-Home Dwelling Units; Commercial Lodging Rooms; Retail, Commercial, and Service Uses; Industrial Uses; and Institutional Uses;
WHEREAS, under applicable law, the DIF Schedule presents the maximum rates the City may impose without adopting a new nexus study at another noticed public hearing, and those rates go into effect on May 18, 2026; WHEREAS, the City retains discretion to impose DIFs at rates lower than those presented in the DIF Schedule, and / or to delay when those rates go into effect, without adopting a new nexus study or holding another noticed public hearing; and WHEREAS, the City Council wishes to exercise this discretion as to DIFs imposed on residential development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and they are hereby incorporated into this Resolution by this reference.
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Section 2. For purposes of this Resolution, the following terms have the meanings set forth below:
“Approved” means the City of Barstow has issued a building or other permit that triggers the duty to pay a development impact fee to the City under the Mitigation Fee Act (Gov. Code, § 66000 et seq.).
“Dwelling unit” means a residential unit designed to accommodate one household, regardless of the estimated number of persons in that household. “Eligible project” means a residential development project, or the residential component of a development project with both residential and non-residential components, that includes at least five dwelling units. “New dwelling units” means dwelling units in projects the City of Barstow approves on or after May 18, 2026.
Section 3. This Resolution shall have no effect on the rates set forth in the DIF Schedule for the categories applicable to non-residential development projects:
Commercial Lodging Rooms; Retail, Commercial, and Service Uses; Industrial Uses; and Institutional Uses. Those rates shall go into effect in accord with applicable law.
This Resolution shall have no effect on the rates set forth in the DIF Schedule as applied to residential development projects (Single-Family Residential; Multiple-Family Residential; and Mobile-Home Dwelling Units) that are not eligible projects. As applied to such non-eligible projects, the rates set forth in the DIF Schedule shall go into effect in accord with applicable law.
For residential projects (Single-Family Residential; Multiple-Family Residential; and Mobile-Home Dwelling Units) that are eligible projects, the rates set forth in the DIF Schedule shall go into effect on a staggered schedule tied to the number of new dwelling units. When the number of new dwelling units is between 0 and 1,000, the rates set forth in the DIF Schedule shall not apply to eligible projects at all. Instead, during that time, eligible projects shall pay the City’s DIFs in effect before the City Council adopted the Nexus Study and the DIF Schedule.
Section 4. When the number of new dwelling units is between 1,001 and 2,000, the DIF rates applicable to eligible projects shall be as follows:
Development Impact Fees for Eligible Projects (per square foot) Single-Family
Residential
Multiple-Family
Residential
Mobile-Home
Dwelling Units
Law Enforcement Facilities $0.407 $2.527 $0.482
Fire Facilities $1.407 $1.115 $0.860
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Circulation Development $1.499 $2.388 $0.517
Storm Drain $0.106 $0.060 $0.204
Wastewater System Facilities $1.356 $2.210 $1.171
Total $4.77 $8.30 $3.23
Section 5. When the number of new dwelling units is between 2,001 and 3,000, the DIF rates applicable to eligible projects shall be as follows:
Development Impact Fees for Eligible Projects (per square foot) Single-Family
Residential
Multiple-Family
Residential
Mobile-Home
Dwelling Units
Law Enforcement Facilities $0.621 $2.527 $0.963
Fire Facilities $2.247 $1.511 $1.261
Circulation Development $2.213 $2.388 $1.034
Storm Drain $0.106 $0.060 $0.407
Wastewater System Facilities $2.712 $4.419 $2.342
Total $7.90 $10.91 $6.01
Section 6. When the number of new dwelling units is between 3,001 and 4,000, the DIF rates applicable to eligible projects shall be as follows:
Development Impact Fees for Eligible Projects (per square foot) Single-Family
Residential
Multiple-Family
Residential
Mobile-Home
Dwelling Units
Law Enforcement Facilities $0.834 $2.527 $1.445
Fire Facilities $3.086 $1.908 $1.663
Circulation Development $2.927 $2.388 $1.551
Storm Drain $0.106 $0.060 $0.611
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Wastewater System Facilities $4.067 $6.629 $3.512
Total $11.02 $13.51 $8.78
Section 7. When the number of new dwelling units exceeds 4,000, eligible projects shall be subject to the rates set forth in the DIF Schedule.
Section 8. This Resolution expressly reserves the City Council’s discretion to further increase, extend, eliminate, or otherwise adjust the discounts set forth above based on market activity or other relevant metrics. The City Council shall review these discounts at least annually to determine whether any such adjustment is in the City’s interest. Provided, the City Council may not increase any DIF above the rates adopted through the DIF Schedule without complying with the Mitigation Fee Act (Gov. Code, § 66000 et seq.) and other applicable law.
Section 9. Regardless of whether or when the City approves 4,000 new dwelling units, this Resolution shall expire on December 31, 2033, and all development projects will then be subject to the rates set forth in the DIF Schedule, unless the City Council extends the discounts described above by further resolution.
Section 10. This Resolution is not subject to review under the California Environmental Quality Act. (Pub. Resources Code, § 21000 et seq.) It concerns a government funding mechanism that does not commit to any specific project which may result in a potentially significant physical impact on the environment, and it can be seen with certainty that there is no possibility that adopting the Nexus Study and the DIF Schedule, in themselves, may have a significant effect on the environment. (14 CCR §§ 15061(b)(3), 15378(b)(4).) While the Nexus Study bases the DIF Schedule on the City’s plan to pursue certain facilities, this Resolution does not commit the City to any particular course regarding those facilities, so CEQA review at this time would be based on speculation. The City will conduct appropriate CEQA review for individual projects funded by development impact fees in the future as required by law.
Section 11. If any portion of this Resolution, including but not limited to any particular development impact fee adopted hereby, is held to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, that holding shall not negate any other portion of this Resolution.
PASSED, APPROVED, AND ADOPTED this 17th day of March, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
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Timothy R. Silva, Mayor
ATTEST:
__________________________
Andrea Flores, City Clerk