ADMINISTRATIVE REPORT
MEETING DATE: November 5, 2025 AGENDA CATEGORY: Consent - Resolutions TO: Honorable Mayor and City Council
FROM: Virginia Gennaro, City Attorney
DATE: October 28, 2025
SUBJECT: Resolution to allow development based on new zoning standards, notwithstanding incompatible land uses with the existing General Plan
RECOMMENDATION:
Staff recommends adoption of the resolution.
BACKGROUND:
State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City of Bakersfield City Council adopt an amendment to the Housing Element of the Metropolitan Bakersfield General Plan for the updated 6th Cycle 2023 -2031 planning period. In order for the Housing Element to be found in substantial compliance by the California Department of Housing and Community Development (“HCD”), City recently adopted the following zoning standards and designations that created incompatibility issues with existing land uses (“Projects”): Ordinance No. 5176; Ordinance No. 5178; and Ordinance No’s. 5151- 5157; 5159-5161; 5163-5175.
City is currently preparing a new general plan that will address the land use incompatibilities associated with said Projects and as such is committed to recognizing the adopted zoning standards as if no land use incompatibility exists. Where a conflict exists between land use designations under the City’s current general plan and the zoning designations applicable to a parcel, as a result of the Projects, development approval shall be governed by the zoning designation, pursuant to Government Code Section 65860(c)(2)(B) and the Housing Accountability Act (HAA; Gov. Code § 65589.5(j)(4)). This includes the approval of subdivisions, use permits, variances, building permits, or any other applicable entitlement for land use that would result in new development.
The City shall apply current objective standards, pursuant to Government Code Section 65589.5(j)(4), and shall facilitate and accommodate development at the density allowed under the zoning. The Planning Director is authorized to process and approve the Projects’ development applications consistent with zoning regulations notwithstanding any existing general plan land use designations to the contrary.
FISCAL IMPACT:
The action to adopt this resolution will have no impact on the City General Fund. 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:
None.