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HomeMy WebLinkAboutORD NO 3338ORDINANCE NO. 3338 AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAK~RSFI~.n A~TDIN~ ~-"AAPTER 15.72 OF THE BAKERSFIELD MUNICIPAL COD~. ~3.%TING TO HISTORICAL PRESERVATION. BE IT ORDAIB~D by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 15.72 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 15.72 HISTORICAL PRESERVATION Sections: 15.72.010 15.72.020 15.72,030 15.72.040 15.72,050 15.72,060 15.72,070 15.72,080 15.72.090 15.72.100 15.72.110 15.72,120 15.72.130 15.72.140 15.72.150 15.72.160 15.72.170 Purpose. Definitions. Applicability. Historic preservation commission - Established - Membership. Historic preservation commisaion - Powers and duties. Cultural resource and historic district designation - Criteria. Cultural resource designation - Initiation. Historic district designation - Initiation. Hearing procedure for designation of cultural resources and historic d~stricts. Permit moratorium after notice to owner. Commission action. Council action. Notice of designation. Amendment or rescission of designation. Nomination for state or national register of historic places. Alteration, demolition or relocation of a cultural resource or property within a historic district - Hearing required - Appeal. Alteration of a cultural resource or property within a historic district - Criteria for approval. 15.72.180 15.72.190 15.72.200 Demolition or relocation of a cultural resource or propertywithin a historic district - Criteria for a~roval. Proof of unreasonable hardship. Enforcement. 15.72.010 Purpose. The purpose of this chapter is to promote the public health, safety, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of improvements, buildings, structures, signs, objects, features, sites, places, and areas within Bakersfield that reflect special elements of the city's architectural, artistic, cultural, engineering, aesthetic. historical, political, social and other heritage for the following reasons: A. To safeguard the city's heritage as embodied and reflected in such resources; B. To encourage public knowledge, understanding, and appreciation of the city's past; C. To foster civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources; D. To promote the enjoyment and use of cultural resources appropriate for the education and recreation of the people of the city; E. To preserve diverse and harmonious architectural styles and design preferences of periods of the city's history and to encourage complementary contemporary design and construction; F. To protect and enhance the city's attraction to tourists and visitors (thereby stimulating business and industry); G. To identify as early as possible conflicts between the preservation of cultural resources and alternative land uses; H. To integrate the preservation of cultural resources and the extraction of relevant data from such resources into public and private land management and development processes; I. To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. - 2 3.5.72.020 Definitions. When used in this chapter, the following words shall have the meanings specified in this section, unless a different meaning clearly appears from the context: A. "Alteration" means any change or modification, through public or private action, of any designated cultural resource or property within a designated historic district which requires a permit from the City. B. "Bakersfield Register of Historic Places" means the official city list of designated cultural resources. C. "Conunission" means the Bakersfield Historic Preservation Commission. D. "Cultural resource" means on site improvements, buildings, structures, signs, features (including significant trees or other landscaping), places, place na/nes, interior architecture features, landmark sites, historic sites, areas (including significant trees or other landscaping located thereon) or other objects of scientific, archaeological, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the city. E. "Designated cultural resource" means on site improvements, buildings, structures, signs, features (including significant trees or other landscaping), places, place names, interior architecture features, landmark sites, historic sites, area (including significant trees or other landscaping located thereon) or other objects of scientific, archaeological, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the city that has been approved by the commission and designated by the city council. F. "Exterior architectural feature" means an architectural element embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, building or structure, including but not limited to the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement, building or structure. G. "Historic district" means any geographically definable urban or rural, small or large area containing buildings, structures, sites and objects linked historically through location, design, setting, materials, worknnanship, and/or association. The significance of a district is the product of - 3 - the sense of time and place in history that individual components collectively convey. This significance may relate to develop- ments during one period or through several periods in history. H. "Historic site" means any parcel or portion of real property which has special character or special historical, cultural, archeological, architectural, community or aesthetic value. I. "Landmark site" means any site or improvement, manmade or natural, which has special historical, cultural, architectural, archaeological, community, or aesthetic character, interest, or value as part of the development, heritage or history of the city, the State of California, or the nation. J. "National register of historic places" means a national list of districts, sites, buildings, structures and objects of local, state or national importance that are significant for their historical, architectural, archaeological o~ cultural values. Properties less than fifty years old ordinarily are not eligible for the Register unless they are of exceptional importance. The Register is administered by the Keeper of the National Register, U.S. Department of the Interior, and is the nation's official list of cultural resources worthy of preservation. K. "Object" means a material thing or functional, aesthetic, cultural, symbolic, or scientific value, usually by design or nature movable. L. "Preservation" means the act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and/or vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance. M. "Preservation Plan" means a list of the proposed restrictions, height and area regulations, minimum dwelling size, floor area, sign regulations, parking regulations, and any other proposed modification to existing development standards appropriate to the proposed historic district. N. "Property owner" or "owner of property" or "owners of property" means the person or persons shown as the record owner(s), as determined by a title search, of the property proposed to be designated as a cultural resource. As to property to be included in a historic district and as to owners of property to be notified of any hearing as to property other than theiI own, "property owners" means owners as shown on the latest equalized assessment roll of the County of Kern. - 4 - O. "Protection" means the act or process of applying measures designed to affect the physical condition of a property by protecting or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury. In the case of buildings and structures, such treatment is generally of a temporary nature and anticipates future historic preservation treatment; in the case of archaeological and paleontological sites, the protective measure may be temporary or permanent. P. "Restoration" means the act or process of accurately returning the form and details of a property and its setting as it appeared at a particular period of time, or the removal of later work or the replacement of missing earlier work. Q. "Stabilization" means the act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present. R. "State Office of Historic Preservation" means a division of the State Department of Parks and Recreation which serves as the staff for the State Historic Preservation Officer who is the official designated and appointed by the Governor to administer the historic preservation program in California. 15.72.030 Applicability. This chapter shall apply to all cultural resources and all historic districts within the city. 15.72.040 Historic preservation cc~mmission - Establishe~ - Membership. A. There is established in the city a historic preservation commission consisting of nine unpaid members. Each council member will nominate one member. The mayor will nominate two members. Appointments shall be made by the city council. B. All members shall be residents of the city. C. The commission shall elect from among its members a chairperson and vice-chairperson to serve as such for a one (1) year term. The chairperson shall preside at all meetings of the commission, and shall appoint each committee and perform the duties necessary or incidental to the office. The vice- chairperson of the commission, in the absence of the chairperson or in the case of inability of the chairperson to act, shall perform the duties of the chairperson. - 5 - D. The city manager or his designee, shall serve as administrative staff to the commission. The economic development director shall assign a representative to serve as secretary to the commission. The secretary shall keep minutes of each meeting, record the official actions taken, record the vote on all official actions, certify each official act and resolution of the commission, maintain records of operations, and perform such other duties as the commission assigns. E. The commission shall review and adopt its own operating rules and bylaws, thereafter having the power and authority to perform all of the duties hereinafter enumerated and provided. F. The members shall serve four (4) year terms and each member shall serve until his or her successor is duly appointed and qualified. G. In the event of a vacancy occurring during the term of a member of the commission, the council shall appoint a new member to fill the unexpired term in accordance with the provisions of subsection A. of this section. 15.72.050 Historic preservation commission - Powers and duties. The commission shall have the following powers and duties: A. Establish criteria and conduct or cause to be conducted a comprehensive survey of properties within the boundaries of the city, and publicize and periodically update survey results. B. Adopt specific guidelines for the designation of cultural resources, including landmarks, landmark sites, and historic districts. C. Maintain a local register of designated cultural resources and historic districts. D. Review and correspond with the city council and city departments as to matters as they relate to the cultural resources of the community. E. Assist in recommending prescriptive standards to be used by the council in reviewing applications for permits to alter, remove, preserve, protect, reconstruct, rehabilitate, restore or stabilize any designated cultural resource or historic district. F. Recommend to the city council the purchase of fee or less-than-fee interests in property for purposes of cultural lesource preservation and designation. G. Investigate and report to the city council on the use of various federal, state, local, or private funding sources and mechanisms available to promote cultural resource preservation in the city. H. Preserve, restore, maintain, and operate designated cultural resources and historic properties owned or controlled by the city. I. Recommend for approval or disapproval, in whole or in part, applications for cultural resource or historic district designation pursuant to procedures set forth in this chapter. J. Review and comment on applications for land use decisions as such applications may be referred to the commission by the planning commission, the board of zoning adjustment or the city council. Co~ents and recommendations shall be forwarded to the referring body. K. Cooperate with local, county, state and federal governments in the pursuit of the objectives of historic preservation. L. Provide information, upon the request of the property owner, on the restoration, alteration, decoration, landscaping or maintenance of any cultural resource or property within a historic district. M. Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to cultural resources and historic districts. N. Perform any other functions that may be designated by the City Council. O. Meet at least once a month. noticed and open to the public. All meetings shall be P. Quorum. Five members of the commission shall constitute a quorum for the transaction of business. Q. Prepare an annual report to the Mayor and city council on the activities, cases, decisions, or other work of the commission. - 7 - R. Identify as early as possible conflicts between the preservation of cultural resources and alternative land uses and make recommendations to the appropriate legislative body. S. Establish a procedure for the review of and comment on historic preservation certification applications for federal tax incentives for both cultural resources and historic districts. 15.72.060 Cultural resource and historic district designation - Criteria. Any improvements, building, structure, sign, feature, site, place, or object may be designated as a cultural resource and any grouping of such may be designated as a historic district if it meets one or more of the following criteria: A. It exemplifies or reflects special elements of the city's or a community or neighborhood's historical, archaeological, cultural, social, economic, political, aesthetic, engineering, or architectural development; or B. It is identified with persons or events significant in local, state, or national history; or C. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or D. It is representative of the notable work of a builder, designer, architect, engineer, landscape architect, interior designer, artist or craftsman; or E. Its unique location or singular physical characteristic(s) represents an established and familiar visual feature of a neighborhood, community or the city; or F. It is an archeological or paleontological site which has the potential of yielding information of scientific value. 15.72.070 Cultural resource designation - Initiation. A. The city council or the property owner of the proposed cultural resource may initiate a request for the designation of a cultural resource. - 8 - 1. A legal description or address of the proposed cultural resource, and the name and address of the property owner. 2. Sketches, photographs, or drawings. 3. Statement of condition of the structure. 4. Explanation of any known threats to the cultural resource. 5. Other information requested by the city staff. 6. If the request is initiated by the city council, the city shall, in its application, declare its intention to purchase the cultural resource. C. At time of application, the applicant shall pay a fee not to exceed the cost of processing such application as required by Section 3.70.040 of the Bakersfield Municipal Code. No application shall be deemed complete until the prescribed fee has been received by the City. 15.72.080 Historic district designation - Initiation. A. The city council or the owners of property within a proposed historic district in the city of Bakersfield may initiate a request for the designation of that area as a historic district. B. All applications for designation of a historic district shall be accompanied by a petition, on forms provided by the city, setting forth the request for designation and the Preservation Plan, and signed by the owners of no fewer than two- thirds of the parcels within the proposed district. City staff shall verify the signatures. An application initiated by the City Council shall require two-thirds (2/3) approval of the Council. C. All applications for designation of a historic district shall include: 1. A legal description of the boundaries of the proposed district, the names and addresses of all owners of property within the proposed district, and parcel assessor's numbers of properties within such proposed district. - 9 2~ A description of the proposed historic district, including special aesthetic, cultural, architectural, or engineering interest or value of a historical nature. 3. Sketches, photographs or drawings of structures within the proposed district. 4. A statement of the condition of the structures and improvements within the district. 5. An explanation of any known threats to any cultural resource within the district. 6. Other information requested by city staff. 7. A proposal for financing of costs of improvements, if any, including, but not limited to, maintenance or assessment districts. D. At time of application, the applicant shall pay a fee not to exceed the cost of processing such application as required by Section 3.70.040 of the Bakersfield Municipal Code. No application shall be deemed complete until the prescribed fee has been received by the City. 15.72.090 Hearin~ procedure for designation of cultural resources and historic districts. Prior to recommendation of the designation of any cultural resource or historic district, the commission shall hold a public hearing. Notice of such hearing shall be given not less than ten (10) days prior to the date of the hearing, and shall state the date, time, and place of the hearing, the location of the property to be designated, and the nature of the request, in the following manner: 1. By publishing once in a newspaper of general circulation in the city; 2. By mailing a notice to the applicant, to each owner of property proposed to be designated as a cultural resource or to be included within a historic district and to the owners of all property within three hundred feet of the cultural resource or the exterior boundary of the district. 3. No action shall be taken by the commission to recommend designation of a proposed cultural resource or a historic district except following a noticed public hearing. - 10 15.72.100 Permit moratorium after notice to owner. A. Upon notification to the property owner that the commission has scheduled a hearing to determine if a property should be designated as a cultural resource or be included within a historic district, no person or entity shall undertake any alteration, construction, grading, demolition or removal of such building, structure, site, feature, object or district, and no permit to undertake such work shall be approved by any city official, while proceedings are pending on such designations; provided, however, that if, after a maximum of sixty (60) days from the date of initial notice of said hearing, final action by the council on such designation has not been completed, any such permit application shall be approved provided such permit application complies with all other legal requirements for approval. The commission shall ensure that appropriate city officials are notified of the commission's intent to consider designation of a property and the moratorium. B. The provisions of this section shall not apply to the construction, grading, alteration, demolition or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of the public hearing to consider the designation of the said cultural resource or historic district, and where such permit has not expired or been cancelled or revoked. Nor shall it apply to structures damaged in any flood, fire, earthquake or other disaster or otherwise in such condition that the city's building director determines the structure or feature must be demolished in the interests of public safety. 15.72.110 Co~m~ission action. The commission shall review the staff reports, and consider the designation matter at a regular, adjourned or special meeting and shall either approve and recommend the designation as proposed or as altered, or shall recommend disapproval of it. A property shall be recommended for designation as a cultural resource or for inclusion in a historic district only upon the affirmative roll call vote of a majority of the authorized membership of the commission and approval by the city council. The commission shall make findings in support of any decision to recommend designation of property as a cultural resource or for inclusion in a historic district. Such findings shall state that the property meets the designation criteria specified in section 15.72.060 of this chapter. Recommendations for designation of historic districts may include those items in the proposed Preservation Plan. - 11 15.72.120 Council action. The city council shall, within forty-five days of receipt of said recommendation, hold a noticed public hearing. Notice shall be published and mailed as required in section 15.72.090. The council may approve or disapprove by resolution, in accordance with its normal procedure, any designation of property as a cultural resource or historic district. The action of the council shall be final. Upon such designation, the property shall be added to the Bakersfield Register of Historic Places. 15.72.130 Notice of designation. Within fifteen days after any action of the city council designating a cultural resource or a historic district, notice of such designation shall be recorded with the county · 'ecorder on each specific property. 15.72.140 Amendment or rescission of designation. The city council may amend or rescind any designation of a cultural resource or historic district in the same manner as is prescribed for the original designation. Such amendment or rescission shall be recorded with the county recorder on each specific property. 15.72.150 Nomination for state or national register of historic places. The city council may nominate a site for inclusion on the State or National Register of Historic Places in the same manner as and following the procedure for the designation of cultural resources. 15.72.160 Alteration, 8~molition or relocation of a designated cultural resource or property wieh~n a historic district - Hearing reguired- Appeal. A. No person shall carry out or cause to be carried out, nor shall any permit be issued for, any alteration, demolition, or relocation of a designated cultural resource or of property within a historic district without first obtaining the approval of the commission or, on appeal thereto, of the city council. Application for such approval shall be made to the commission on forms provided by the city. 12 - B. Upon submittal of a complete application for commission approval of alteration, demolition or removal of a designated cultural resource or property within a historic district, the commission shall hold a public hearing and render a decision on the application within forty-five (45) days. Failure to hold such a hearing and render a decision within such 45-day period, shall be deemed approval of the application. Notice shall be sent not less than ten days prior to the hearing, giving the date, time and place of such hearing, the location of the property, and the nature of the request, by mailing the notice to the applicant, to the owners of all property within three hundred feet of the subject property if such property is a cultural resource, and to all owners of property within the historic district, if such property is within such a district. C. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this section that does not require a permit from the city. D. Nothing in this section shall be construed to prevent the building director from issuing a building permit if he determines that demolition, removal or alteration of a designated cultural resource or of property within a historic district is immediately necessary in the interest of the public health, safety, or welfare. E. At the time of submittal of the application, the applicant shall provide whatever detailed information (plans, drawings, agreements, etc.) is required or necessary to describe the intended work and any additional information necessary for the commission to act on the matter, as determined by staff. Applications without such information shall be deemed incomplete for purposes of subsection B. F. The commission shall have the authority to approve, deny, or approve subject to conditions, any application for the alteration, removal or demolition of a designated cultural resource or property within a historic district. If the commission determines that a permit should not be issued, the commission shall issue its findings in writing, documenting the specific reasons for denial. The decision of the commission and the findings supporting that decision shall be mailed to the applicant within five (5) days of the decision. A new application for the same work affecting the same property may be submitted after the disapproval only if a change in circumstances of the owner or the property has occurred. - 13 - ~. The decision of the commission to approve, deny, or approve with conditions any application as set forth in this chapter is appealable to the city council. Such appeal shall be made in writing and delivered to the office of the city clerk not later than ten calendar days from the date of mailing of notice of the commission's decision. At the time of filing, the applicant shall pay a fee not to exceed the cost of processing such appeal as required by Section 3.70.040 of the Bakersfield Municipal Code. No application for appeal shall be deemed complete until the prescribed fee has been received by the City. Such appeal shall specify the reasons for the appeal from the decision of the commission. Upon the filing of the appeal, the clerk shall set the matter for public hearing within thirty (30) days or as soon thereafter as is practicable and shall give written notice to the appellant of the time and date set for the hearing. Upon the hearing of such appeal, the city council may by resolution affirm or modify or reverse the determination of the commission. 15.72.170 Alteration of a designate~ cultural resource or of property within a historic district - Criteria for approval. An application for the alteration of a designated cultural resource or of property within a historic district shall not be approved unless the following conditions are found to exist: The proposed work will not adversely affect the architectural features of the structure, where specified in the designation; nor will the proposed work adversely affect the special character or special historical, architectural or aesthetic interest or the relationship and congruity between the subject structure or feature and its neighboring structures and surroundings, where specified in the designation. The proposed work shall also conform to such further standards as may be embodied in the designation of the historic district by resolution. 15.72.180 Demolition or relocation of a designated cultural resource or property within a historic district - Criteria for al~roval. A. An application for the demolition or relocation of a designated cultural resource or of property within a historic district shall not be approved unless one or more of the following conditions exist: - 14 [. The structure/site is a hazard to public health or safety and repairs or stabilization are not financially prudent; or 2. The site is required for a public use which will be of more benefit to the public than its use as a cultural resource or property within the historic district and there is no practical alternative location for the public use; or 3. Denial of the proposed application will result in unreasonable economic hardship to the owner, as set forth in section 15.72.190; it is not feasible to preserve or restore the designated cultural resource or property within the historic district; and the property owner will be denied the reasonable beneficial use of the property if the application is denied; or 4. With respect to an application for the relocation of a designated cultural resource or property within the historic district, if the commission finds that one or more of the above conditions exist and that the relocation will not destroy the historic, cultural or architectural values of the designated cultural resource or property within the historic district, and the relocation is part of a definitive series of actions which will assure the preservation of the designated cultural resource or property within the historic district, such application shall approved. B. A permit for demolition of a designated cultural resource or property within the historic district shall not be approved unless the building or structure cannot reasonably be moved or relocated. C. Applicants proposing the demolition or relocation of a designated cultural resource or property within the historic district shall have the burden of proving that the demolition or relocation is necessary, and that an economic hardship exists, if any is claimed, and shall present substantial evidence as to the need for such action. 15.72.190 Proof of unreasonable economic hardship. In cases in which an applicant makes a claim of unreasonable economic hardship, the applicant shall provide the following information which shall include but is not limited to, ownership or operation of the property, mortgage or financing information, market value, structural integrity, rehabilitation costs, assessed value, real estate taxes, debt service, and potential adaptive re-use, and: - 15 - A. For income-producing property: 1. Annual gross income from the property for the previous two years. 2. Itemized operating and maintenance expenses for the previous two years. 3. Annual cash flow, if any, for the previous two years. B. For low-income owners: a statement of present household income and the number of persons in the household. Low-income households shall be defined as meeting the income level established by the U.S. Department of Housing and Urban Development. C. The staff of the cormnission may require that an applicant furnish additional information which would assist the commission in making a determination as to whether or not the property ~oes yield or may yield a reasonable return to the owner(s), e.g., pro-forma financial analysis. In the event that any of the required information is not reasonably available to the applicant and cannot be obtained by the applicant, the applicant shall file with his affidavit a statement of the infolmation which cannot be obtained and shall describe the reasons why such information cannot be obtained. 15.71.200 Enforcement. Methods of Enforcement. In addition to the regulations of this chapter, other chapters of the code and other provisions of law which govern the approval or disapproval of applications for permits or licenses covered by this chapter, the building official shall have the authority to implement the enforcement thereof by any of the following means: A. Serving notice requiring the removal of any violations of this chapter upon the owner, agent, occupant or tenant of the improvement, building, structure or land; B. Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this chapter, and the city attorney is authorized to institute any actions to that end; - 16 C. Calling upon the chief of Dolice and authorized agents to assist in the enforcement of this chapter. In addition to any of the foregoing remedies, the city attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this chapter, or for an injunction in appropriate cases. SECTION 2. This ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. .......... o0o .......... - 17 - i HEP~¥ CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JAN ~ 0 1991 , by the following vote: AYES: COUNCILMEMBERS: ~C.';;'.,",3 NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS' CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN $ 0 1991 MAYOR of the City of Bakersfield APPROVED as to form: hAWF.~N Uw. ~. LUNARDINI CITY ATTORNEY of the City of Bakersfield LCM/RMS/meg HISTORIC.ORD 2/5/91 - 18 AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) County of Kern) CAROL WILLIAMS, Being duly sworn, That she is the duly appointed, acting and of Bakersfield; and that on the 11th day posted on the Bulletin Board at City Hall, the following: City Council at and entitled: Ord±nance a meeting held on deposes and says: qualified City Clerk of the City of February , 1991 she a full, true and correct copy of No. 3338 passed by the Bakersfield the 30th day of January , 19 91 , /s/ CAROL WILL/AMS CITY CLERK of the City of Bakersfield DEPUTY City Clerk NSAOPD