ADMINISTRATIVE REPORT
MEETING DATE: May 13, 2026 AGENDA CATEGORY: Consent - Ordinances TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: April 22, 2026
SUBJECT: First Reading of the following ordinances amending and enacting various sections of the Bakersfield Municipal Code (BMC)
1. An ordinance enacting Section 8.27.012 relating to Lead and Substandard Complaints.
2. An ordinance amending Title 17, Sections 17.04.200 and 17.04.235 and adding Section 17.04.356 relating to Definitions; amending Sections 17.10.020 and 17.10.040 relating to Residential Zones; amending Section 17.24.020 relating to Uses permitted in the Regional Commercial Zone (C-2); amending Section 17.25.020 relating to Uses permitted in the Central Business Zone (C-B); amending Section 17.26.020 relating to Uses permitted in the Commercial Center Zone (C-C); amending Section
17.58.015 relating to Residential Parking Requirements; amending Section 17.64.060 relating to Director review and approval permits and conditional use permits-Hearing-Decision and findings; and amending Section 17.73.040 relating to Approval findings.
RECOMMENDATION:
Staff recommends First Reading of the proposed ordinance amendments and its accompanying Notice of Exemption.
BACKGROUND:
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 compliance with State housing law and retains access to important funding opportunities.
On November 24, 2025, HCD found the City’s adopted Housing Eleme nt substantially complied with the State Housing Element law. As a result, the City is now required to timely and effectively implement the programs in its Housing Element.
The Housing Element includes a Housing Plan that identifies the City’s housing g oals, policies, and programs over an eight -year planning period. Specifically, the Housing Plan contains various action items that City is to undertake, including implementation programs that are achieved specifically with amendments to City’s zoning code.
The following is a list of ordinance amendments required by HCD and memorialized in the City’s adopted Housing Element:
1. BMC Section 8.27.012. This amendment adds language requiring that upon receiving a complaint from a tenant, resident or occupant, or an agent of said person, regarding alleged lead hazards or substandard conditions, the City will conduct a mandatory inspection and specify actions taken to mitigate hazards present, as required by California Health and Safety Code Section 17970.5.
2. BMC Section 17.04.200. This amendment adds language to the definition of a single unit dwelling by expanding said definition to include manufactured ho mes and mobile homes if certain requirements are met.
3. BMC Section 17.04.235. This amendment adds language to the definition of an emergency shelter by expanding said definition to include a low barrier navigation center, bridge housing, and respite or recuperative care.
4. BMC Section 17.04.356. This amendment adds a definition of site inventory, as it relates to the City’s 6th Housing Element Cycle and land suitable for residential development.
5. BMC Section 17.10.020.
This amendment adds language involving residential developments on sites identified in the Housing Element that contain existing lower -income units and requires replacement units be provided, pursuant to Government Code Section 65583.2(g)(3); This amendment within Table 17.10 -1 eliminates requiring a conditional use permit for large community care facilities and allow them by -right. Residents per unit will be analyzed based on similar use, pursuant to Fire and Building Codes.
6. BMC Section 17.10.040.
This amendment adds language involving the streamlined ministerial review process of multifamily residential development, pursuant to Government Code Section 65913.4. This amendment adds language involving the ministerial approval of no more than two primary residential units in a residential zone, the urban lot split in a residential zone into two parcels, or both, (up to four housing units in the lot area) pursuant to Government Code Sections 65852.21 and 66411.7.
7. BMC Section 17.24.020. This amendment adds emergency shelters to the uses permitted under the Regional Commercial Zone (C-2 zone).
8. BMC Section 17.25.020. This amendment adds low barrier navigation centers to the uses permitted under the Central Business Zone (C-B zone).
9. BMC Section 17.26.020. This amendment adds low barrier navigation centers to the uses permitted under the Commercial Center Zone (C-C zone).
10. BMC Section 17.58.015. This amendment adds language that minimum parking standards for residential parking are not required for supportive housing developments with up to 50 units located within 0.5 miles of a public transit stop.
11. BMC Section 17.64.060. This amendment removes subjective language as it relates to City making findings on a conditional use permit.
12. BMC Section 17.73.040. This amendment removes subjective language as it relates to City making findings on a reasonable accommodation.
Environmental Review and Public Notification
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 possibility 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 ordinance amendments and does not in and of itself include any proposed development. The proposed 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 for the adoption of the Housing
Element which analyzed 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.
Notice for Planning Commission was provided by placing a display advertisement of at least one -eighth page in the newspaper at least twenty days prior to the hearing. In addition, notices were sent to those parties which have specifically requested be sent a notice of public hearing. This notification process adheres to both city ordinance and state law. As of this writing, no written comments have been received.
On April 2, 2026, the Planning Commission held a public hearing to consider the proposed text amendments. There were no speakers in favor or in opposition. The Planning Commission adopted a resolution to recommend approval of the amendments to City Council with a vote of 3 in favor and 2 against; 1 Commissioner was ab sent. Those voting in opposition expressed concern with recent State legislation that dilutes local governing authority.
The project amends various sections of Title 8 (Health and Safety) and Title 17 (Zoning) to comply with actions required by the recent certification of the 6 th Cycle Housing Element (2023 -2031). Adoption of these amendments demonstrates compliance with State housing law that facilitates the goals, policies and programs to address the City’s Regional Housing Needs Allocation (RHNA), opportunities for all levels of housing types, and retains access to important funding opportunities. Staff recommends approval of the ordinance amendments as described.
FISCAL IMPACT:
The is no fiscal impact. The ordinance amendments implement the goals and policies to comply with State Housing Element law. The developer would be subject to application processing fees to cover costs to address the item required by the ordinance.
COUNCIL GOAL:
Community Character & Quality of Life
Innovative and Efficient City Government
ATTACHMENTS:
1. Ordinance 8.27
2. Ordinance 17
3. CEQA Exemption Memorandum for Bakersfield 2023-2031 Housing Element