PJ:rd | S:\03_Advance Planning\04_Housing Element\16_Public Hearing\PC\1. Sep 4th PC\PC Memo_Item 6_A Vfinal.Docx
MEMORANDUM
DATE: September 4, 2025
TO: Chair Strickland and Members of the Planning Commission
FROM: Jennie Eng, Assistant Planning Director J.Eng
SUBJECT: Agenda Item 6.a – General Plan Amendment to Update the 6 th Cycle Housing Element 2023-2031 for the City of Bakersfield
Transmit Additional Correspondence
Subsequent to distribution of the staff report for the above -referenced agenda item , staff received correspondence from two commenters: (1) the Law Offices of Babak Naficy on behalf of the Kern-Kaweah Chapter of the Sierra Club; and (2) Mr. Gordon L. Nipp, Ph.D., representing the Kern -Kaweah Chapter of the Sierra Club. The following is a summary of the comments received followed by Staff’s response.
Babak Nacify Comment
The commenter stated the City has failed to undertake any environmental review of the proposed amendments as required by CEQA. The commenter states, the City’s strategy includes rezoning 333 sites to increase allowable residential densities and to amend the Zoning Code to require by-right approval for housing developments.
The commenter rejects Staffs determination that the approval of the Housing Element Update is exempt from CEQA pursuant to the “common sense” exemption, as more fully described in the attached letter.
Staff Response
Staff maintains that the General Plan Amendment to Update the 6 th Cycle Housing Element 2023-2031 is a policy document and does not include any proposed development which is exempt from CEQA as a common sense exemption pursuant to CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) (common sense).
There are no proposed projects to be developed as this time. The rezoning of parcels as mentioned by the commenter are rezones that have been approved by the City Council on April 24, 2024, and July 24, 2024.
In addition, the amendments to the City Zoning Code (B.M.C. Title 17) were approved by City Council on March 27, 2024 and are not part of this action.
GPA Update 6th Cycle Housing Element, Memo Page | 2
Gordon Nipp Comment
The commenter disagrees with Staff’s determination that the approval of the Housing Element Update is exempt from CEQA pursuant to the “common sense” exemption and further states that the Initial Study prepared is flawed.
Other concerns are that the Housing Element does not include adequate monitoring and enforcement details, is deficient in many goals, policies, and implementation measures and should require an annual monitoring report, all as more fully described in the attached letter.
Staff Response
As previously stated above, Staff maintains that the General Plan Amendment to Update the 6 th Cycle Housing Element 2023-2031 is a policy document and does not include any proposed development which is exempt from CEQA as a common sense exemption pursuant to CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) (common sense). The proposed project falls within the sphere of common sense rule, that CEQA applies only to development which have the potential for causing a significant effect on the environment, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Thus, the project is not subject to CEQA.
In response to comments that the Housing Element does not adequately provide monitoring and enforcement details and does not include an annual monitoring report, Staff has included the letter dated August 8, 2025 from the California Department of Housing and Community Development which determines that the Revised Draft Housing Element meets the statutory requirements as described by HCD.
Furthermore, Staff will continue to provide HCD with a Housing Element Annual Progress Report.
STAFF RECOMMENDATION:
At this time, Staff continues to recommend your Commission: (1) Adopt Resolution approving the General Plan Amendment to update the City of Bakersfield’s 6th Cycle Housing Element for the 2023-2031 planning period and (2) its proposed Notice of Exemption and recommend the same to City Council.
Attachments:
• Public Comments