STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
August 8, 2025
Paul Johnson, Director
Planning Division
City of Bakersfield,
1715 Chester Avenue,
Bakersfield, CA 93301
Dear Paul Johnson:
RE: City of Bakersfield’s 6
th Cycle (2023-2031) Revised Draft Element
Thank you for submitting the City of Bakersfield’s (City) revised draft housing element received for review on July 10, 2025. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Leadership Counsel for Justice and Accountability and Public Interest Law Project, pursuant to Government Code section 65585, subdivision (c).
The revised draft meets the statutory requirements that were described in HCD’s December 23, 2024 review. However, the housing element cannot be found in substantial compliance until the City has completed and submitted necessary rezones (see below) to make prior identified sites available or address the shortfall of sites to accommodate the Regional Housing Needs Allocation (RHNA). The housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when all necessary rezoning and element are adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585.
A jurisdiction that did not adopt a compliant housing element within 120 days from the statutory deadline (December 31, 2023) must rezone sites within one year of the statutory deadline and meet requirements pursuant to Government Code sections 65583, subdivision (c)(1)(A) and 65583.2, subdivisions (c), (h) and (i), as applicable. As this year has passed and Actions 7.3 (Adequate Sites: Reuse Sites) and 7.5 (Adequate Sites: Rezone to Allow Higher Densities) have not been completed to meet all statutory requirements and submitted to HCD for review, the housing element is out of compliance and will remain out of compliance until the rezoning has been completed and submitted to HCD to meet all statutory requirements. Once the City completes the rezoning, a copy of the resolution or ordinance should be transmitted to HCD. HCD will review the documentation and issue correspondence updating the status of the City’s housing element compliance.
Paul Johnson, Director
As a reminder, the City’s 6th cycle housing element was due December 31, 2023. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
Public participation is essential to the effective planning, adoption, and implementation of the housing element. The City should continue to engage the community throughout the process, including during and after adoption. This includes outreach to organizations representing lower-income and special needs populations, as well as individuals and groups who submitted comments on the housing element. The City should ensure that information is shared consistently through a variety of outreach methods and that public input is meaningfully considered and incorporated where appropriate. Commenters on this review, particularly Leadership Counsel for Justice and Accountability, provided meaningful program suggestions. HCD encourages the City to continue working with the public, including commenters on this housing element review, and adjust policies and programs, as appropriate. Please be advised that any revisions to the housing element must be posted on the local government’s website. In addition, a link to the revised document must be emailed to all individuals and organizations that have previously requested notice regarding the housing element, at least seven days prior to submission to HCD.
For your information, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, any future adopted versions of the element must also submit the electronic version of the sites inventory.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, Affordable Housing and Sustainable Communities programs, and the Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Land Use and Climate Innovation at:
https://www.lci.ca.gov/planning/general-plan/guidelines.html .
HCD appreciates the hard work and dedication of the City in preparation and review of the housing element. HCD looks forward to receiving the City’s adopted housing Paul Johnson, Director
element and welcomes the opportunity to provide technical assistance through the rezone and adoption process. If you have any questions or need additional technical assistance, please contact Irvin Saldana, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager