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Bakersfield Planning Commission backs zoning changes to implement housing element over commissioners' objections
Summary
After a staff presentation, the Bakersfield Planning Commission voted 4-2 to recommend that City Council adopt zoning ordinance amendments that codify state housing laws (including provisions tied to SB9 and SB35), allow certain community care facilities by right and reduce parking for some affordable projects; commissioners split over local control and neighborhood impacts.
The Bakersfield Planning Commission voted to recommend that City Council adopt a package of zoning ordinance amendments intended to implement the city's certified housing element.
Staff members said the changes largely codify state law into the Bakersfield Municipal Code (Title 17) and are intended to make the city's ordinances consistent with requirements from the California Department of Housing and Community Development (HCD). "Of those 25, 13 have already been taken care of ... we have a net of 12 amendments that we're presenting to you today for a recommendation of approval to city council," said Mr. Burns, a city staff member, during the presentation.
The amendments that drew the most attention would: add inspection authority and procedures for alleged lead hazards and other substandard housing conditions; expand definitions to permit manufactured or mobile homes in single-family zones; allow emergency shelters and low-barrier navigation centers by right in some zones; implement state laws such as SB9 (ministerial lot splits that can enable up to four dwellings on a split site) and SB35 (streamlining for qualifying infill affordable projects); add a vacant-site inventory definition for RHNA tracking; permit large state-licensed community care facilities (seven or more residents) by right in certain zones; and eliminate some parking requirements for qualifying affordable multifamily projects within a half-mile of transit.
Commissioners pressed staff for operational details. Commissioner Martin asked whether the amendment that adds complaint-based inspections for "alleged lead hazard or substandard conditions" includes a clear definition of "substandard." Staff replied that those standards mirror the state Health and Safety Code and the city's housing code (examples cited included inadequate sanitation, dilapidated roofs, no hot water and inoperable heating), and that code enforcement would handle investigations. Staff said specialized testing such as for lead would likely be contracted when necessary.
Several commissioners raised concerns about the loss of local discretion. Commissioner Martin said the package could be abused and would diminish homeowners' expectations about neighborhood character: "This is not right for our community," he said, adding that allowing some facilities by right could dramatically change established residential areas. Commissioner Brandt Oliver also opposed the package, saying she could support some amendments but not the whole bundle: "I am completely against it ... I am not in support of approving this." Both voted against the recommendation.
Staff emphasized the compliance context. VD King of the City Attorney's Office told the commission the city's housing element had been found in substantial compliance by HCD in November 2025 and that the ordinances implement promised actions; staff warned that failure to adopt required measures could trigger enforcement, lawsuits or withholding of funding by HCD. During Q&A staff said the city is currently "100% in compliance" but must implement the remaining ordinance changes to maintain that status.
On several technical points staff said: a manufactured home counts as a single unit for RHNA purposes; occupancy and safety remain regulated by building and fire codes (bedroom sizes and related occupant-load rules apply); the proposed parking reductions apply only to qualifying affordable multifamily projects within a half-mile of transit; and SB9/SB35 provisions require ministerial approvals or streamlining when projects meet statutory criteria.
After extended debate about local authority and neighborhood impacts, Vice Chair Bidd moved to approve staff's recommendation; the motion was seconded and the commission voted to forward the amendments to City Council. The motion passed; Commissioners Brandt Oliver and Martin voted no.
The commission's recommendation is advisory; City Council will consider the ordinances next, and staff encouraged commissioners and residents who object to the scope of state law to pursue advocacy with elected representatives. The commission closed the item, and the meeting was adjourned at 6:28 p.m.
