RESOLUTION NO. _____________
A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL TO ALLOW
DEVELOPMENT BASED ON NEW ZONING STANDARDS,
NOTWITHSTANDING INCOMPATIBLE LAND USES WITH
EXISTING GENERAL PLAN.
WHEREAS, 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 6 th Cycle 2023-2031 planning period; and
WHEREAS, 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; and
WHEREAS, 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; and
WHEREAS, 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 i n new development; and
WHEREAS, 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; and
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows:
1. The above recitals are true and correct and incorporated herein by reference and
shall constitute the City Council’s findings in support of approval as set forth herein.
2. 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 Gover nment Code Section 65860(c)(2)(B) and the Housing Accountability Act (HAA; Gov. Code § 65589.5(j)(4)).
3. 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.
4. 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.
5. This Resolution shall become effective immediately upon adoption and will remail in effect until City adopts a new general plan and any litigation that arises is completed.
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I HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on _________________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER: _______________________________________________________________ ABSTAIN: COUNCILMEMBER: ________________________________________________________________ ABSENT: COUNCILMEMBER: ________________________________________________________________
_______________________________________
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
APPROVED: _________________
By __________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By: ____________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
VKG/pt
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