RESOLUTION NO. 09-2026
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BARSTOW, CALIFORNIA, AND THE BOARD OF DIRECTORS OF THE
BARSTOW FIRE PROTECTION DISTRICT, ADOPTING DISCOUNTED
RATES FOR RESIDENTIAL DEVELOPMENT SUBJECT TO
DEVELOPMENT IMPACT FEES
WHEREAS, the City and the District have 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, §S 66004, 66016.5(a)(7), 66018, 66019(b)); WHEREAS, on March 17, 2026, the City Council and the District's Board 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, through Resolution No. 08-2026, the City Council and the District's Board adopted the Nexus Study, found that the DIF Schedule sets forth the maximum rates they may impose under applicable law, and imposed certain DIF rates below those maximums (the "DIF Rates");
WHEREAS, the DIF Rates apply to 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; and
WHEREAS, while the DIF Rates are already lower than the maximum rates the City and the District may impose under applicable law, the City Council and the District's Board wish to exercise their discretion to set rates even lower as to certain residential development.
Joint Resolution 09-2026 1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW AND
THE BOARD OF DIRECTORS OF THE BARSTOW FIRE PROTECTION DISTRICT DO HEREBY JOINTLY 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.
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. For residential projects (Single-Family Residential; Multiple-Family Residential; and Mobile-Home Dwelling Units) that are eligible projects, this Resolution's intent is to impose the DIF Rates on a staggered schedule tied to the number of new dwelling units.
This Resolution shall have no effect on the DIF Rates 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 DIF Rates 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 DIF Rates shall go into effect in accord with applicable law.
Section 4. The DIF Rates and the discounted rates set forth in this Resolution are broken down according to the type of infrastructure they support: Law Enforcement Facilities; Fire Facilities; Circulation Development; Storm Drain; and Wastewater System Facilities. Projects within the City's limits shall pay the total rate that combines the individual rates for each infrastructure type. Projects outside the City's limits, but within the District's jurisdiction, shall only pay the rate for Fire Facilities.
Section 5. When the number of new dwelling units is between 0 and 1,000, the DIF Rates shall not apply to eligible projects at all. Instead, during that time, eligible Joint Resolution 09-2026 2
projects shall pay the DIFs in effect before the City Council and District Board adopted the Nexus Study and the DIF Rates.
Section 6. 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 Multiple-Family Mobile-Home
Residential Residential Dwelling Units
Law Enforcement Facilities $0.314 $0.758 $0.578
Fire Facilities $1.178 $0.691 $0.619
Circulation Development $0.893 $0.586 $0.507
Storm Drain $0.032 $0.018 $0.244
Wastewater System Facilities $1.297 $2.114 $1.120
Total $3.71 $4.17 $3.07
Section 7. 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 Multiple-Family Mobile-Home
Residential Residential Dwelling Units
Law Enforcement Facilities $0.524 $1.264 $0.963
Fire Facilities $1.963 $1.152 $1.032
Circulation Development $1.489 $0.977 $0.846
Storm Drain $0.053 $0.030 $0.407
Wastewater System Facilities $2.162 $3.523 $1.867
Total $6.19 $6.95 $5.11
Joint Resolution 09-2026 3
Section 8. 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 Multiple-Family Mobile-Home
Residential Residential Dwelling Units
Law Enforcement Facilities $0.786 $1.895 $1.445
Fire Facilities $2.945 $1.728 $1.548
Circulation Development $2.234 $1.466 $1.268
Storm Drain $0.080 $0.045 $0.611
Wastewater System Facilities $3.242 $5.285 $2.800
Total $9.29 $10.42 $7.67
Section 9. When the number of new dwelling units exceeds 4,000, eligible projects shall be subject to the full DIF Rates.
Section 10. The City Council expressly reserves its discretion to 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 once every three years to determine whether any such adjustment is in the City's interest. Provided, the City Council may not increase any DIF above the rates set forth in the DIF Schedule without complying with the Mitigation Fee Act (Gov. Code, § 66000 et seq.) and other applicable law.
Section 11. 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 12. If any portion of this Resolution, including but not limited to any particular development impact fee adopted hereby, is held to be unconstitutional, invalid, Joint Resolution 09-2026 4
or otherwise unenforceable by a court of competent jurisdiction, that holding shall not negate any other portion of this Resolution.
Section 13. The members of the Barstow City Council adopt this Resolution in their joint capacities as members of that Council and as members of the Board of Directors of the Barstow Fire Protection District.
PASSED, APPROVED, AND ADOPTED this 17th day of March, 2026, by the following vote:
AYES: MAYOR SILVA, MAYOR PRO TEM NOBLE, COUNCILMEMBERS ROSE,
HERNANDEZ AND WILLIAMS
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Andrea Flores, City Clerk
APPROVE AS TO FORM:
matthew 7. 1
Matthew Summers, City Attorney
Joint Resolution 09-2026
1, Andrea Flores, City Clerk of the City of Barstow, Secretary of the Board of the Barstow Fire Protection District, and ex-officio Clerk of said agencies, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Joint Resolution No. 09-2026 of said City and District which was adopted at a regular meeting of said Council and Board held on the 17th day of March 2026, by the following vote:
AYES: COUNCIL MEMBERS / DIRECTORS HERNANDEZ, ROSE,
WILLIAMS, MAYOR PRO TEM / VICE CHAIR NOBLE, AND
MAYOR / CHAIR SILVA.
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
elis
SEPT. 30, 1947 Andrea Flores,
City Clerk / Board Secretary
CC/BFPD Joint Resolution No. 09- 2026