Loading...
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 .......... .. .............