ADMINISTRATIVE REPORT
MEETING DATE: September 24, 2025 AGENDA CATEGORY: Hearings TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: September 19, 2025
SUBJECT: Public hearing to consider Planning Commission’s approval of General Plan Amendment to update the 6th Cycle Housing Element and its proposed Notice of Exemption.
The City of Bakersfield is proposing a General Plan Amendment to update the Housing Element. This Request includes:
1. Resolution adopting a General Plan Amendment to update the 6th cycle Housing Element 2023-2031 for the City of Bakersfield and its Notice of Exemption.
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
The project is a request by the City of Bakersfield, proposing a General Plan Amendment to update the Housing Element. Specifically, Staff requests:
1. Resolution adopting a General Plan Amendment to update the 6th cycle Housing Element 2023-2031 for the City of Bakersfield and its Notice of Exemption
The Housing Element identifies existing and projected housing needs within the community and establishes policies, programs, and actions to accommodate the City’s Regional Housing Needs Allocation (RHNA). Certification of the Housing Element by the California Department of Housing and Community Development (HCD) is required to ensure the City remains in com pliance with State housing law and retains access to important funding opportunities.
The City submitted its initial draft Housing Element to HCD on June 22, 2023, and has since worked through multiple rounds of review and revisions in response to HCD com ments. Subsequent drafts were submitted on May 20, 2024, October 24, 2024, and most recently on July 10, 2025. The current draft reflects extensive revisions to address HCD’s feedback. HCD has provided a letter dated August 8, 2025, stating the revised draft meets the statutory requirements as described in their most recent review dated December 23, 2024. However, the Housing Element will not be considered in substantial compliance with State law until the City Council formally adopts the most recent draft and it is certified by HCD. Upon certification, the 6th cycle Housing Element will provide a comprehensive policy framework to guide housing production, preservation, and affordability throughout the 2023–2031 planning period.
Project Summary:
Housing Element Law. Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. Cities and Counties meet this requirement by adopting Housing Elements as part of their “General Plan”, also required by the state.
California’s Housing Element Law acknowledges that, in order for the private market to adequately address the housing needs and demand of Californians, Cities and Counties must adopt plans and
regulatory systems that provide opportunities for, and do not unduly constrain, housing development. As a result, housing policy in California rests largely on the effective implementation of local General Plans and, in particular, local Housing Elements.
General Plan Housing Element. Updating the Housing Element is one of the most critical responsibilities of local governments in California, as it ensures that jurisdictions plan for the housing needs of individuals and families who live, work, and play in their communities. At the same time, the process can be complex and resource-intensive. Compliance with Housing Element law is also tied to eligibility for numerous State and federal funding programs related to housing, transportation, and infrastructure. In some case s, jurisdictions must have a certified Housing Element to access funds. In others, while certification is not a strict requirement, jurisdictions with a compliant Housing Element receive additional points in the competitive scoring process, significantly improving their chances of securing funding.
Bakersfield’s 5th Cycle Housing Element. Housing cycles operate within eight-year intervals. Bakersfield's Housing Element for the period spanning 2015 to 2023 was formulated in strict accordance with the provisions outlined in the State's General Plan law pertaining to Housing Elements. This comprehensive document underwent a thorough review process and was officially adopted by the City Council on January 20, 2016. Subsequently, it received formal certification from the California Department of Housing and Community Development (HCD) on February 16, 2016.
Bakersfield’s 6th Cycle Housing Element. The City’s 6th Cycle Housing Element, covering the 2023–2031 planning period, was due to the California Department of Housing and Community Development (HCD) on December 31, 2023. The first draft was submitted on June 22, 2023, which initiated HCD’s 90-day review period. The HCD review process is comprehensive, and City staff, in coordination with the City’s consultant Rincon Consultants, have worked diligently to address comments and prepare revisions. Since the initial submittal, the City has provided additional drafts on May 20, 2024; October 24, 2024; and most recently on July 10, 2025, each reflecting updates made in response to HCD’s feedback.
Since the Housing Element was not certified by the statutory deadline of December 31, 2023, the City has remained out of compliance with State housing law. Until certification is secured, Bakersfield is subject to State enforcement measures and may face reduced eligibility for certain housing and infrastructure funding programs. Staff continues to wo rk closely with HCD and has provided the requested resolutions for the rezones and is waiting for a response from HCD which will resolve the outstanding issues with the goal of achieving certification and restoring compliance.
Regional Housing Needs Allocation. State law requires that every Housing Element include an inventory of land suitable and available for residential development, based on land use designations, zoning, and other factors. This inventory of land must meet the jurisdiction’s share of th e regional housing mandate called the Regional Housing Needs Allocation (RHNA). The RHNA is based on population projections, income distribution, and access to jobs, developed through a methodology by KernCOG. For the 6th Cycle Housing Element (2023 -2031), the City of Bakersfield is tasked with creating a land inventory that can accommodate 37,461 housing units in the next eight years. Table 1 compares the 5th Cycle and 6th Cycle RHNA allocations for each jurisdiction in the region.
Table 1 – KernCOG RHNA Allocations
Jurisdiction
5th Cycle
Allocation
(2015-2023)
6th Cycle
Allocation
(2023-2031)
# Increase
# Decrease
% Increase
% Decrease
Overall % of 6th
Cycle Allocation
Unincorporated
County Areas 21,583 9,243 -12,340 -57.2% 16.0%
Arvin 1,168 1,174 6 0.5% 2.0%
Bakersfield 36,290 37,461 1,171 3.2% 65.0%
California City 1,268 427 -841 -66.3% 0.7%
Delano 1,462 1,866 404 27.6% 3.2%
Maricopa 35 13 -22 -62.9% 0.0%
McFarland 311 244 -67 -21.5% 0.4%
Ridgecrest 1,346 1,436 90 6.7% 2.5%
Shafter 2,036 3,294 1,258 61.8% 5.7%
Taft 254 504 250 98.4% 0.9%
Tehachapi 496 902 406 81.9% 1.6%
Wasco 1,426 1,086 -340 -23.8% 1.9%
Total Kern County 67,675 57,650 -10,025 -14.8%
Source: KernCOG 5th Cycle Regional Housing Needs Allocation Plan June 2015-December 2023 KernCOG 6th Cycle Regional Housing Needs Allocation Plan June 2023-December 2031
PROJECT ANALYSIS:
The City of Bakersfield is required to plan for 37,461 new housing units during the 6th Cycle Housing Element (2023–2031), as allocated by the Kern Council of Governments through the RHNA. To meet this obligation, the Housing Element identifies a “Sites Inventory” comprised of vacant and underutilized parcels that can reasonab ly accommodate residential development during the planning period. The inventory prioritizes infill development, corridor revitalization, and sites located near transit, schools, employment centers, and other community resources.
Housing Element Update Components.
The proposed 2023 -2031 Housing Element Update includes the following components, as required by State law:
Review of the previous Housing Element: This section reviews the results of the goals, policies, and programs adopted in the previous Housing Element and compares projected outcomes with actual achieved results.
Housing Needs Assessment: This section reviews the existing and projected housing needs of the community. It provides a profile of socio-demographic information, such as population
characteristics, household information, housing stock, tenure, and housing affordability. The assessment also considers local special housing needs, such as seniors, farmworkers, homeless, large households, and female-headed households.
Resources and Inventory of Adequate Sites. This section provides resources and an inventory of adequate sites that are suitably zoned, or appropriate for rezoning or annexation, and available within the planning period to meet the jurisdiction’s fair share of regional housin g needs across all income levels.
Governmental and Nongovernmental Constraints. This section identifies and analyzes impediments to housing production across all income levels. Fair Housing Assessment. This section provides a summary of contributing factor s that serve as barriers to fair housing choice and access to opportunities in Bakersfield. Housing Plan. This section provides a statement of the community’s goals, quantified objectives, and policies to maintain, preserve, improve, and develop housing. I t also provides a schedule of meaningful actions to be taken during the planning period to achieve the goals, objectives, and policies. It includes quantified objectives for new construction, rehabilitation, and conserved units by income category (i.e., very low, low-moderate, and above-moderate) to make sure that both the existing and the projected housing needs are met, consistent with the City’s share of the RHNA.
REZONING:
To ensure sufficient capacity for housing development across all income levels, the City’s strategy includes rezoning 333 sites to increase allowable residential densities to also allow higher density housing where appropriate. Rezoning efforts are focused on areas with existing or planned infrastructure and community services, includ ing the Downtown Bakersfield High -Speed Rail Station Area, Old Town Kern, Chester Avenue, Martin Luther King Jr. Boulevard, and other major corridors. This approach promotes infill development, reduces urban sprawl, and increases opportunities for mixed -income and transit-oriented housing throughout the city.
HCD’s August 8, 2025, letter requested documentation of the City’s recent rezones. In response, staff provided the approved ordinances of the two rezoning actions by the City Council on April 24, 2024 , and July 24, 2024.
PUBLIC OUTREACH:
Public engagement has been central to the Housing Element update process. The City conducted an extensive outreach effort that included a project-specific website (Bakersfield2045.com), a housing needs survey, housing sites survey, community workshops, stakeholder interviews, and public meetings. In total the City hosted 64 outreach events and surveyed 4,500+ residents to gather community input.
To reach the largest and broadest spectrum of community members and stakeholders, Bakersfield utilized the following notification methods throughout the Housing Element update process:
The project was covered in the Kern County Farm Bureau E-Newsletter and in various local media outlets including KGET-17, 23ABC, Bakersfield.com, and KERO 23 ABC News. Regular posts to the City’s social media accounts, including Facebook and Instagram, announcing project website launch, survey, and a housing sites survey tool, public meetings, and release of the Draft Housing Element for public review.
Broadcasts on the local public access television station.
Email lists of community and advocacy groups, non -profits, faith -based organizations, school - based organizations, mobile home park associations, homeowners associations, disability
advocates and neighborhood groups to provide outreach and regular updates on the project. In addition, the City is maintaining an “interested parties” list for those who have requested regular updates about the General Plan update.
The City developed flye rs in English and Spanish advertising the project. Specifically, the City developed and circulated a bilingual, introductory flyer informing residents about the Housing Element, the need for adequate housing in Bakersfield, how to plan for new housing, typ es of housing, a project schedule, and contact information. More than 1,300 flyers were distributed to government facilities and pop-up events.
Key themes raised by the community included the need for more affordable housing, a greater variety of housing types, expanded education on tenant rights and resources, and equitable distribution of housing opportunities across all neighborhoods. Community members also emphasized the importance of limiting sprawl, focusing on infill, and locating housing near transit and services. This feedback directly shaped the Sites Inventory, rezoning priorities, and the policy framework included in the Housing Element.
The Housing Element was revised per HCD and public comment and released for public review for seven days from June 6 to June 13, 2025. The City posted the revised Housing Element on the project website and emailed the list of interested parties. Two comment letters were received during public comment period, one letter in support by the Builders Association and the other letter was from the Leadership Counsel for Justice and Accountability (LCJA), requesting additional changes to programs. The City revised Action 4.1 and 2.4 according to revisions suggested by LCJA.
The formulation of the 2023 -2031 Housing Elem ent continues to be a process characterized by robust public engagement. This approach ensures that the document accurately reflects the insights and perspectives of the community.
Environmental Review and Determination:
CEQA. Pursuant to CEQA Guidelines Section 15061(b)(3), also known as the “general rule” or “common sense” exemption, CEQA exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment. The CEQA Guidelines state in that section that “A project is exempt from CEQA if… [T]he activity is covered by common sense that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possib ility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
The proposed project involves adoption of a policy document and does not in and of itself include any proposed development. The pro posed project does not propose or approve any physical development.
The proposed project will not result in changes to the physical environment, nor will it result in potential environmental impacts. To ensure adequate factual support for the common sense exemption, an Initial Study (included in the attachments) was completed analyzing each area of potential impact. The Initial Study determined no environmental impacts would result from approval of the proposed project.
Therefore, the proposed project meets the criteria for the common sense exemption.
Public Notification:
Public notice for the proposed project and environmental determination was advertised in The Bakersfield Californian. All property owners within a 300 -foot radius of the project site typic ally receive mailing
notices of the public hearing. However, if the number of owners exceeds one thousand, as is the case with this proposal, in lieu of mailed notice, notice may be provided by placing a display advertisement of at
least one-eighth page in the newspaper ten days prior to the hearing. This notification process adheres to both city ordinance and state law. Additionally, on September 19, 2025, hearing notices were direct emailed to community organizations that represent various housing interests and economic segments of the community. As of this writing, no written comments have been received.
In adherence to the provisions outlined in Senate Bill 18 (SB 18), formal correspondence was mailed on June 22, 2023 notifying the American Indian Tribes of the details pertaining to the Housing Element Update project. The issuance of this notice signifies the initiation of the 90 -day consultation period mandated by SB 18. As of this writing, no formal request for tribal consultation has been received.
Planning Commission Action:
This project was considered by the Planning Commission on September 4, 2025. Following staff’s presentation, three individuals spoke in opposition to the project. Emma De La Rosa stated that t he document is vaguely written and relies too much on political motivation to accomplish goals and policies.
Wendel Wesley Jr. said there is not enough affordable housing and the City’s infrastructure needs improvement. Emprezz Nontzikelelo raised concern about high density in high crime areas will create more crime. Following deliberations, the Planning Commission voted in favor of the project and recommended approval to the City Council. The Planning Commission’s findings are contained in Resolution No. 45-25.
Subsequent to the Planning Commission’s decision, staff met with the California Department of Housing and Community Development (HCD) regarding steps to achieve substantial compliance with the Housing Element. HCD has requested that the City adopt an ordinance providing for by-right approval of rezoned sites when a minimum of 20 percent of the units are reserved for lower-income households, provided the development meets a minimum density of 20 units per acre and complies with all applicable standards pursuant to Government Code section 65583.2, subdivisions (h) and (i) , as required in the Housing Element. In response, staff has incorporated language in the attached resolution for the Council’s consideration that it will follow up with the ordinance at a later time.
FISCAL IMPACT:
No fiscal impact to the City General Fund with the proposed Housing Element upd ate. Any future development as a result will be subject to the appropriate application processing fees that have been determined to be sufficient to cover all operational expenses related to processing projects.
COUNCIL GOAL:
Community Character & Quality of Life
Economic Opportunity for All
Reliable Infrastructure
ATTACHMENTS:
1. CC Ordinance
2. Bakersfield Draft 6th Cycle Housing Element 2023-2031
3. CEQA Memo
4. HCD Letter, dated August 8, 2025
5. PC Staff Report
6. PC Memo
7. PC Resolution