ADMINISTRATIVE REPORT
MEETING DATE: May 27, 2026 AGENDA CATEGORY: Consent - Ordinances TO: Honorable Mayor and City Council
FROM: Phillip Burns, Development Services Director
DATE: May 6, 2026
SUBJECT: Adoption 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 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. (FR 5/13/26)
RECOMMENDATION:
Staff recommends adoption of the proposed ordinance amendments and its accompanying Notice of Exemption.
BACKGROUND:
First reading was held on May 13, 2026. 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. As a result of the November 24, 2025, certification, the City is now required to timely and effectively implement the programs in its Housing Element.
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 homes 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 tha t 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 supporti ve 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 Determination
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 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 action to adopt the Ordinance changes will not have a fiscal impact to the City General Fund. The
ordinance amendments implement the goals and policies to comply with State Housing Element law..
COUNCIL GOAL:
Community Character & Quality of Life
Innovative and Efficient City Government
ATTACHMENTS:
1. Ordinance amending Title 17
2. Ordinance 8.27