HomeMy WebLinkAboutORD NO 2781ORDINANCE NO. 2781 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTER 2.29 TO THE BAKERSFIELD
MUNICIPAL CODE CREATING A HISTORIC PRESERVATION
COM24ISSION AND ESTABLISHING RULES AND REGULATIONS
GOVERNING THE DESIGNATION, PRESERVATION AND
PERPETUATION OF HISTORICAL AND SCENIC PROPERTIES.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That Chapter 2.29 of the Bakersfield Municipal Code is
hereby added to read as follows:
Chapter 2.29
qISTORICAL PRESERVATION
Sections:
2.29
2.29
2.29
2.29
2.29
2.29
2.29
2.29
2.29
2.29
2.29
2.29
2.29
2.29
2.29
2.29
2.29
010 Title
020 Purpose
030 Area of Application
040 Definitions
050 Historic Preservation Commission
060 Powers and Duties
070 Cultural Resources Designation Criteria
080 Cultural Resources Designation Procedures
090 Permits
100 Permit Procedures
110 Permit Criteria
120 Appeals
130 Ordinary Maintenance and Repair
140 Duty to Keep in Good Repair
150 Enforcement and Penalties
160 Showing of Hardship
170 Severability
2.29.010 Title. This Chapter shall be known as the Historical
Preservation ordinance of the City of Bakersfield.
2.29.020 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:
reflected in
B.
To safeguard the City's heritage as embodied and
such resources.
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 reflecting phases of the City's
history and to encourage complementary contemporary design and
construction.
F. To enhance property values and to increase economic
and financial benefits to the City and its inhabitants.
G. To protect and enhance the City's attraction to
tourists and visitors (thereby stimulating business and industry).
H. To identify as early as possible and resolve
conflicts between the preservation of cultural resources and
alternative land uses.
I. 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.
J. To conserve valuable material and energy resources
by ongoing use and maintenance of the existing built environment.
2.29.030 Area of Application. This Chapter shall apply to
all cultural resources within the City of Bakersfield.
2.29.040 Definitions.
A. "Alteration" means
through public or private action,
any property located within a historic district including, but not
limited to, exterior changes to or modification of structure,
architectural details or visual characteristics such as paint
color and surface texture, grading, surface paving, new structures,
any exterior change or modification
or any cultural resource or of
cutting or removal of trees and other natural features, disturbance
of archeological sites or areas, and the place~ment or removal of
any exterior objects such as signs, plaques, light fixtures,
street furniture, walls, fences, steps, plantings and landscape
accessories affecting the exterior visual qualities of the
property.
B.
structures,
"Cultural resource" means improvements, buildings,
signs, features, sites, places, areas or other
objects of scientific, aesthetic, educational, cultural[,
architectural, or historical significance to the citizens of the
City.
C. "Exterior architectural feature" means the architectural
elements embodying style, design, general arrangement and components
of all of the outer surfaces of an improvement, 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.
D. "Historic district" means any area containing
improvements which have a specific character, historical interest
or aesthetic value or which represents one or more architectural
periods or styles typical to the history ef the City, and that
has been designated a historic district pursuant to this ordinance.
E. "Improvements" means any building, structure,
place, parking facility, fence, gate, wall, work of art or other
object constituting a physical betterment of real property, or
any part of such betterment.
F. "Designated Structure" (landmark, cultural resource,
historic structure) means any improvement that has special historical,
cultural aesthetic or architectural character, interest or value
as part of the development, heritage or history of the City, the
State of California, or the nation, and which has been designated
pursuant to this ordinance.
G. "Designated Site" (landmark, cultural resource
site, landmark site) means a parcel or part thereof on which a
cultural resource is
thereof constituting
resource is situated,
situated, and any abutting parcel or part
part of the premises on which the cultural
and which has been designated a designated
site pursuant to this ordina:nce.
H. "Object" means a material thing of functional,
aesthetic, cultural, symbolic or scientific value, usually by
design or nature movable.
I. "Preservation" means the identification, study,
protection, restoration, rehabilitation or enhancement of cultural
resources.
2.29.050 Historic Preservation Commission.
A. There is hereby established in the City a Historic
Preservation Commission (hereinafter referred to as the "Commission")
consisting of nine (9) unpaid members. Each Council member will
appoint one (1) member. The Mayor will appoint two (2) members.
Each appointment will be subject to approval by the City Council.
B. The members of the Commission should include
members of preservation related organizations such as historical
societies, museums, heritage groups and civic clubs, as well as
members of professional bodies such as licensed architects,
realtors, attorneys, and urban ~lanners. All members shall be
residents of the City.
C. As an initial task, the Commission shall develop
and adopt its own operating rules and bylaws, thereafter having
the power and authority to perform all of the duties hereinafter
enumerated and provided.
D. The original appointment of the members of the
Commission shall be as follows: Four (4) for one (1) year; three
(3) for two (2) years; and two (2) for three (3) years. Thereafter,
appointments shall be made for a three (3)- year term.
E. In the event of a vacancy occurring during the
term of a member of the Commission, the Council member of the
Ward from which the original appointment was made will be responsible
to make the interim appointment to fill the unexpired 'term of
such member, and where such member is required to have special
qualifications, such vacancy shall be filled by interim appointment,
in the manner herein prescribed, with a person having such
qualifications.
2.29.060 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. 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 cultural resources
including h~storic districts, landmark sites, and landmarks
within the City.
D. Review and comment upon the conduct of land use,
housing and redevelopment, municipal improvement, and other types
of planning and programs undertaken by any agency of the City,
State, as they melate to the cultural resources of
the County, or
the community.
E.
Adopt prescriptive standards to be used by the
Commission in reviewing applications for permits to construct,
change, alter, modify, remodel, remove, or significantly affect
any cultural resource.
F. Recommend to the City Council the purchase of fee
or less-than-fee interests in property for purposes of cultural
resources preservation.
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 historic
properties under the ownership or control of the Commission.
I. Approve or disapprove, in whole or in part, applica-
tions for permits pursuant to Section 9-11 of this Chapter.
J. Review all applications for permits, environmental
assessments, environmental impact reports,
statements, and other similar documents as
ordinance, pertaining to cultural resource.
environmental impact
set forth in this
The Planning Commission
shall forward all such documents
comment.
Council.
to the Commission for review and
The Commission shall forward its comments to the City
K. Retain consultants and conduct studies as the
Commission deems desirable or necessary, except that all expenditures
of City funds are subject to prior approval by the City Council.
L. Contract, with prior approval of the City Council,
with County, State or Federal government, or any agency or
subdivision of said governments, or with any other organization.
M. Cooperate with Local, County, State and Federal
governments in the pursuit of the objectives of historic preservation.
N. Adopt procedural rules for the conduct of its
business in accordance with the provisions of this Chapter.
O. Keep minutes and records of all meetings and
proceedings including voting records, attendance, resolutions,
findings, determinations and decisions.
P. Render advice and guidance, upon the request of
the property owner or occupant, on the restoration, alteration,
decoration, landscaping or maintenance of any cultural resource
including landmark, landmark site, historic district, or neighboring
property within public view.
Q. Participate in, promote, and conduct public
information, educational, and interpretive programs pertaining to
cultural resources.
R. Perform any other functions that may be designated
by resolution or motion of the City Council.
2.29.070 Cultural Resources Designation Criteria. For the
purposes of this Chapter, any improvement may be designated a
cultural resource by the City Council, and any area within the
City may be designated a historic district by the City Council
pursuant to Section 8 if it meets the following criteria:
A. It exemplifies or reflects special elements of the
City's cultural, social, economic, political, aesthetic, engineering,
or architectural history; 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
building, designer, or architect.
2.29.080 Cultural Resources Designation Procedures. Cultural
resources and historic districts shall be established by the City
Council in the following manner:
A. The property owner shall request the designation
of an improvement as a cultural resource or the designation of a
historic district by submitting an application for such designation
to the Commission. The Commission or City Council may also
initiate such proceedings on their own motion if preserving the
cultural resources is deemed to be in the public interest. The
Council shall also, by resolution, give notice of its intent to
purchase the cultural resource prior to official designation, and
such purchase Shall be made prior to official designation.
B. The Commission shall conduct a study of the proposed
designation and make a preliminary determination based on such
documentation as it may require, as to its appropriateness for
consideration. If the Commission determines that the application
merits consideration, but only if it so determines, it shall
schedule a public hearing with due speed.
C. The Commission's decision to schedule or not to
schedule a public hearing shall be in writing and shall be filed
with the Building Official and the City Clerk. Notice of a
decision not to schedule a public hearing shall be given by mail
to the applicant. No building, alteration, demolition or removal
permits for any improvement, building or structure within the
proposed historic district or relative to a proposed cultural
resource shall be issued while the public hearing or any appeal
related thereto is pending.
D. In the case of a proposed cultural resource and
cultural resource site, notice of the date, place, time and
purpose of the hearing shall be given by First Class Mail to the
applicants, owners, and occupants of the improvement at least
twenty (20) days prior to the date of the public hearing, using
the name and address of such owners as shown on the latest
equalized assessment rolls, and shall be advertised five (5)
consecutive days in a daily newspaper of general circulation.
E. In the case of a proposed historic district,
notice of the date, place, time and purpose of the hearing shall
be given by First Class Mail to the applicant, owner and occupant
of all properties within the proposed district at least twenty
(20) days prior to the date of the public hearing, using the name
and address of such owners as shown on the latest equalized
assessment rolls, and shall be advertised five (5) consecutive
days in a daily newspaper of general circulation.
F. At the conclusion of the public hearing, but in no
event more than thirty (30) days from the date set for the
initial public hearing for the designation of a proposed cultural
resource or historic district,
a~proval in whole or in part,
of the application in writin![.
G. The City Council, within thirty (30)
receipt of the recommendation from the Commission,
ordinance approve the application in whole or
by motion disapprove it in its entirety.
the Commission shall recommend
or disapproval in whole or in part
days of
shall by
in part, or shall
H. Failure to send any notice by mail to any property
owner where the address of such owner is not a matter of public
record shall not invalidate any proceedings in connection with
the proposed designation.
give such other notice as
2.29.090 Permits. It
down, demolish, construct,
The Commission and Council may also
they may deem desirable and practicable.
is unlawful for any person to tear
alter, remove, or relocate any improve-
ment, or any portion thereof, which has been designated a cultural
resource or cultural resource site pursuant to the provisions of
this Chapter, or which lies within a historic district, or to
alter in any manner any exterior architectural feature of such a
cultural resource, cultural resource site or improvement within a
historic district, or to place, erect, alter or relocate any sign
within a historic district or on a cultural resource or cultural
resource site, without first obtaining written approval to do so
in the manner provided in this Chapter, nor shall the Building
Official or Planning Commission grant any permit to carry out
such work on a designated cultural.
site or within a historic district,
approval of the Commission.
resource or cultural resource
without the prior written
2.29.100 Permit Procedures.
be followed in processing applications for
covered by this Chapter.
A. The Building Official shall
The following procedures shall
approval of work
report any application
for permit to work on a designated cultural resource to the
Commission staff.
B. If no permit is required to pursue work. on a
designated cultural resource, whoever is responsible for the
work - whether it is the tenant, resident, or property owner -
shall apply for approval to the Commission staff directly.
C. Such applications shall be accompanied by such
materials as are required by the Commission and are reasonably
necessary for the proper review of the proposed project.
D. The Comanission
a decision within thirty (30)
application. Unless legally required, there shall be
posting or publication requirements for action on the
but all decisions, interim or final, shall be made at
shall complete its review and make
days of the date of receipt of the
no notice,
application,
regular
meetings of the Commission. The Comm±ssion's decision shall be
in writing and shall state the findings of fact and reasons
in reaching its decision. This decision may be
relied upon
appealed.
E.
In review of permits sought in order to wholly or
partially remove or demolish a cultural resource, cultural resource
site or historic district, the Commission may approve or disapprove
the issuance of said permit or permits.
2.29.110 Permit Criteria. The Commission or the City Council
upon appeal, shall issue an approval for any proposed work as
described in Section 9, if and only if, it determines:
A. In the case of a designated cultural resource, the
proposed work would not detrimentally alter, destroy or adversely
affect any exterior architectural feature; or
B. In the case of any property located within a
historic district, the proposed construction, removal, rehabilitation,
alteration, remodeling, excavation or exterior alteration conforms
to the prescriptive standards
does not adversely affect the
C. In the case of
as adopted by the Commission, and
character of the district; or
construction of a new improvement,
building or structure upon a cultural resource site, the exterior
of such improvements will not adversely affect and will be compatible
with the external appearance of existing designated improvements,
buildings and structures on said site.
2.29.120 Appeals. The following actions by the Commission
may be appealed by any interested party to the City Council:
A. The Commission's decision not to hold a public
hearing on an application for designation of a cultural resource
or historic district.
B. A determination made after a public hearing not to
designate a proposed cultural resource or historic district.
10.
a permit.
C. The Commission's decision to grant or to not grant
Any interested party may appeal by filing a notice of
appeal with the City Council not later than ten (10) days after
the Commission's written decision has been filed with the City
Clerk. Said notice shall be accompanied by a set fee in an
amount to be determined by the City Council. The City Council
shall schedule a public hearing to be held not later than thirty
(30) days after the notice of appeal is filed, and shall render
its decision within thirty (30) days of said hearing date.
2.29.130 Ordinary Maintenance and Repair. Nothing in this
Chapter shall be construed to prevent the ordinary maintenance or
repair of any exterior architectural feature in or on any property
covered by this Chapter that does not involve a change in design,
material or external appearance thereof, nor does this ordinance
prevent the construction, reconstruction, alteration, restoration,
demolition or removal of any such feature when the Building
Official certifies to the Commission that such action is required
for the public safety due to an unsafe or dangerous condition
which cannot be rectified through the use of the California
Historical Building Code.
2.29.140 Duty to Keep in Good Repair. The owner, occupant or
other person in actual charge of a cultural resource, or an
improvement, building or structure in a historic district shall
keep in good repair all of the exterior portions of such improvement,
building or structure, all of the interior portions thereof when
subject to control as specified in the designating ordinance or
permit, and all interior portions thereof whose maintenance is
necessary to prevent deterioration and decay of any exterior
architectural feature.
It will be the duty of the Building Official to enforce
this section.
11.
2.29.150 Enforcement and Penalties.
A. 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 tkereof by any of
the following means:
1. Serving notice requiring the removal of any
violation of this Chapter upon the owner, agent, occupant or
tenant of the improvement, building structure or land.
2. Calling upon the City Attorney to institute
any necessary legal proceedings to enforce the provisions of this
Chapter, and the City Attorney is hereby authorized to institute
any actions to that end.
3. Calling upon the Chief of Police 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.
B. Penalties.
Every person violating any provision of this
Chapter shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be punishable by a fine of not more than Five
Hundred Dollars ($500.00) or by imprisonment in the County Jail
for not more than six (6) months or by both fine and imprisonment.
Each day such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as
such hereunder.
2.29.160 Showing of Hardship. The Commission or City Council
need not disapprove an application for permit to carry out any
proposed work in a historic district, or on a landmark or a
12.
landmark site, if the applicant presents clear and convincing
evidence of facts demonstrating to the satisfaction of the Commission
or City Council that such disapproval will work immediate and
substantial hardship on the applicant because of conditions
peculiar to the person seeking to carry out the proposed work,
whether this be property owner, tenant or resident, or because of
conditions peculiar to the particular improvement, building or
structure or other feature involved, and that failure to disapprove
the application will be consistent with the purposes of this
Chapter. If a hardship is found to exist under this section, the
Commission or City Council shall make a written finding to that
effect, and shall specify the facts and reasons relied upon in
making such finding.
2.29.170 Severability. If any section, sentence, clause or
phrase of this Chapter is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Chapter. The City Council hereby
declares that it would have passed this ordinance and adopted
this Chapter and each section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
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.
RJO: mr o
10-18-82
13.
I HEREBY CERTIFY that
and adopted by the Council of the
meeting thereof held on the 29th
the following vote:
the foregoing Ordinance was passed
City of Bakersfield at a regular
day of September , 1982, by
AYES: COUNCILMEN: B~,RTON, CHRISTENSEN, ~
CITY CLERK and/Ex Officio Clerk of the
Council of the City of Bakersfield
APpROg~D this 29fh day of September
?
-.,, _, ..- . .~'/ . .
/ N~y~)~ the~t~y o~ BakersfieLd
, 1982
APPROVED as to form:
14.
,-
STATE OF CALIFORNIA, f
County of Kern ss.
PHILIP KELMAR, being duly sworn, deposes and says:
That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that or~ ...............................~.~...p....t..£.~..b..?....r......_3_.0.. ...................................................., 19....8...2..... he posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ....... .~.~.p....~:..?,.~..b....e...~.....~..~..,. ........................................, 19._...8...2.., which ordinance
was numbered .............~Z~3.! ......................New Series, and entitled:
AN ORDINANCE OF THE CITY OF BAKERSFIELD
CREATING A HISTORIC PRESERVATION COMMIS-
SION AND ESTABLISHING RULES AND REGULA-
TIONS GOVERNING THE DESIGNATION, PRESER-
VATION AND PERPETUATION OF HISTORICAL AND
SCENIC PROPERTIES
/City Clerk
Subscribed and sworn to before me this
th Se temb r 82
3.(~ .......day of ............Lq ..........~ ..........................., 19 ..........
.. .............