HomeMy WebLinkAboutORD NO 4460
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4460
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING
CHAPTER 15.72 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO
HISTORICAL PRESERVATION.
BE IT ORDAINED 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
15.72.180
15.72.190
15.72.200
15.72.210
Purpose.
Definitions.
Historic preservation commission-Established-Membership.
Historic preservation commission Powers and duties.
Cultural resource, historic district, and area of historic interest
designation--Criteria.
Cultural resource designation- Initiation.
Historic district designation-Initiation.
Area of historic interest designation-Initiation.
Hearing procedure for designation of cultural resources, and
historic districts, and areas of historic interest.
Permit moratorium after notice to owner.
Commission action for a cultural resource, historic district,
and area of historic interest designation.
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 designated cultural
resource or property within a historic district-Hearing
required-Appeal.
Alteration of a designated cultural resource or of property
within a historic district-Criteria for approval.
Demolition or relocation of a designated cultural resource or
property within a historic district- Criteria for approval.
Alteration, construction or relocation of a structure within an
area of historic interest. ~t-.Kt
Proof of unreasonable economic hardship. ~ -9~
Enforcement. ~ ~
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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.
15.72.020 Defi n itions.
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. "Area of historic interest" means geographic areas, places, structures, buildings,
improvements, sites or objects within the city which have distinctive character or special
historic, aesthetic, architectural, cultural interest or value. Area of historic interest can
also mean a single location such as a place, structure, building, improvement, site or
object within the city, which has distinctive character or special historic, aesthetic,
architectural, cultural interest or value.
C. "Designated area of historic interest" is an area of historic interest as defined
above that has been designated by the Commission.
D. "Bakersfield Register of Historic Places" means the official city list of designated
cultural resources, historic districts, and areas of historic interest.
E. "Commission" means the Bakersfield Historic Preservation Commission.
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F. "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, 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.
G. "Designated cultural resource" means a cultural resource that has been approved
by the commission and designated by the city council.
H. "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.
I. "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, workmanship, and/or association. The significance
of a district is the product of the sense of time and place in history that individual
components collectively convey. This significance may relate to developments during
one period or through several periods in history.
J. "Designated historic district" means a historic district, as defined above, that has
been approved by the commission and designated by the city council.
K. "Historic site" means any parcel or portion of real property which has special
character or special historical, cultural, archaeological, architectural, community or
aesthetic value.
L. "Landmark site" means any site or improvement, man made 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.
M. "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 or 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.
N. "Object" means a material thing or functional, aesthetic, cultural, symbolic, or
scientific value, usually by design or nature movable.
O. "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.
P. "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.
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a. "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 their own, "property owners" means owners as shown on the
latest equalized assessment roll of the County of Kern.
R. "Protection" means the act or process of applying measures designated 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.
S. "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.
T. "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.
U. "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 Historic preservation commission-Established-Membership.
A. There is established in the city a historic preservation commission consisting of
five unpaid members. Appointments shall be made by the city council.
B. All members shall be residents of the city at appointment and may continue to be
members only so long as they continue to be residents of the city.
C. Not withstanding subsection A of this section, all terms shall commence on April
15t and shall expire on March 30th and shall be for three years. Members shall continue
to serve until the City Council appoints his or her successor.
D. The commission shall elect from among its members a chairperson and vice-
chairperson to serve as such for a one 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.
E. 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.
F. 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.
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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.
15.72.040 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, designated historic
districts and designated areas of historic interest.
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 resource 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, historic district, or area of historic interest_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. Comments 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 or area of historic interest.
M. Participate in, promote, and conduct public information, educational, and
interpretive programs pertaining to cultural resources, historic districts and areas of
historic interest.
N. Perform any other functions that may be designated by the city council.
O. Meet at irregular intervals as determined by the city manager or his or her
designee. All meetings shall be noticed and open to the public.
P. Quorum. Three members of the commission shall constitute a quorum for the
transaction of business.
a. Identify as early as possible conflicts between the preservation of cultural
resources and alternative land uses and make recommendations to the appropriate
legislative body. ~f>..k<t
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R. Establish a procedure for the review of and comment on historic preservation
certification applications for federal tax incentives for both designated cultural resources
and designated historic districts.
15.72.050 Cultural resource historic district. and area of historic interest
designation-Criteria.
Any improvement, 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 or an area of historic interest if it meets one or more of the following
criteria:
A. It exemplifies or reflects special elements of the city's or a community's 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 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 archaeological or paleontological site which has the potential of yielding
information of scientific value.
15.72.060 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.
B. All applications for designation of a cultural resource shall include:
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.
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15.72.070 Historic district designation-Initiation.
A. The city councilor 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 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.
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.
15.72.080 Area of historic interest designation-Initiation.
A. The historic preservation commission, the city council or the owners of the
property within the city of Bakersfield may initiate a request for the designation of an
area of historic interest.
B. All applications for designation of an area of historic interest shall include:
1. A petition, on forms provided by the city, setting forth the request or an area of
historic interest designation signed by the owners of no fewer than two-thirds of
the parcels within the proposed area of historic interest. City staff shall verify the
signatures. An application initiated by the commission shall require two-thirds
approval of the commission.
2. A description of the boundaries of the proposed area of historic interest.
3. A description of the proposed area of historic interest, including special aesthetic,
cultural, architectural, or engineering interest or value of a historical nature.
4. Sketches, photographs or drawings of structures within the proposed area.
5. A statement of the condition of the area.
6. Other information requested by city staff.
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15.72.090 Hearing procedure for designation of cultural resources, historic
districts, and areas of historic interest.
A. Prior to recommendation of the designation of any cultural resource, historic
district, or area of historic interest the commission shall hold a public hearing. Notice of
such hearing shall be given not less than ten 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. 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.
3. In the case of the designation of a historic district or an area of historic interest
the following shall also be required: mailing a notice to the applicant, and to each
owner of property proposed to be included within a historic district or an area of
historic interest and to the owners of all property within three hundred feet of the
exterior boundary of the district or area.
4. In the case of the designation of a cultural resource, the following shall also be
required: mailing a notice to the applicant and to owners of all property within
three hundred feet of the cultural resource proposed for designation.
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 days from the date of initial notice of such 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 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.
C. No moratorium shall be attached to an area of historic interest.
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15.72.110 Commission action for a cultural resource, historic district, and area
of historic interest designation.
A. Cultural Resource and Historic District: 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 15.72.050 of this chapter. Recommendations for designation of
historic districts may include those items in the proposed preservation plan.
B. Area of Historic Interest: An area shall be recommended for designation as an
area of historic interest only upon the affirmative roll call vote of a majority of the
authorized membership of the commission. No approval by the city council is required.
The commission shall make findings in support of any decision to recommend
designation of an area of historic interest. Such findings shall state that the area meets
the designation criteria specified in Section 15.72.050 of this chapter.
C. Area of Historic Interest - Appeal: The appeal to city council shall be made in
writing and delivered to the office of the city clerk not later than ten calendar days from
the date of the commission's decision. Upon the filing of the appeal, the clerk shall set
the matter for public hearing within sixty 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.
15.72.120 Council action.
A. The council shall, not less than sixty days after the commission's
recommendation, hold a noticed public hearing for the proposed designation of property
as a historic district. Notice shall be published and mailed as required in Section
15.72.090.
B. The council shall, not less than sixty days after the commission's
recommendation, approve or disapprove, in accordance with subsection C of this
section, the designation of property as a cultural resource. None of the notice provisions
of subsection A of this section shall apply to council action with respect to approval or
disapproval of property as a cultural resource.
C. The council shall 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.
D. Not withstanding Section 15.72 no Council action is necessary for the
designation of an area of historic interest.
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15.72.130 Notice of designation.
A. 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 recorder on each specific property.
B. No notice of designation for an area of historic interest shall be recorded with the
county recorder.
15.72.140 Amendment or rescission of designation.
The city council may amend or rescind any designation of a cultural resource,
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. The historic preservation commission may amend or rescind any designation
of an area of historic interest, in the same manner as is prescribed for the original
designation. Such amendment or rescission shall be not be recorded with the county
recorder for each area of historic interest.
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, demolition or relocation of a designated cultural
resource or property within a historic district-Hearing reQuired-Appeal.
A. Except as provided for in subsection B, 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.
B. Nothing in this section shall be construed to require approval of the commission
for alterations, even if a permit is required, which are listed below and which will not
adversely affect the architectural features of the structure, where those features are
specified in the designation and which will not affect the special character or special
historical, architectural or aesthetic interest 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.
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Plumbing
pipe line
gas line
sewer line
waterline
water heater
septic tank
septic abandon
interceptor
water softener
shower/tub
solar
site sewer
site storm
Mechanical
air conditioner
evap cooler
wall heater
fireplace insert
kitchen hood
Reroof/Patio
Reroof
patio
Pool
pool and spa
pool
spa perm
spa port
Electrical
temp power
perm power
service
outlet/switch
motors
site electrical
C. 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 as soon as possible. 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. Additionally, such notice shall be published once in a newspaper
of general circulation in the city at least ten days prior to the hearing.
D. 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.
E. 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.
F. 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 C of this section.
G. 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, ~M('-9
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findings supporting that decision shall be mailed to the applicant within five 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.
H. 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 sixty 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 designated 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 approval.
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:
1. 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
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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 be 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 Alteration, construction or relocation of a structure within an area
of historic interest.
A. Persons who shall carry out or cause to be carried out, any alteration,
construction, or relocation of a structure within an area of historic interest are
encouraged to do so with respect to the overall look and feel of the an area of historic
interest. The Historic Preservation Commission is and can be a resource for people
undertaking these types of projects. People wishing to utilize the knowledge and
resources of the Historic Preservation Commission, should provide to the commission
through city staff whatever detailed information (plans, drawings, agreements, etc.) are
required or necessary to describe the intended work and any additional information
necessary for the commission to assist in the project.
B. Nothing in this section shall be construed to prevent the maintenance or repair of
any exterior architectural feature in or on any property located in an area of historic
interest. However the goal of having the designation of an area of historic interest is to
help preserve these areas for the future. The proposed work should not adversely
affect the architectural features of the structure, where specified in the designation; nor
should 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.
15.72.200 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:
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.
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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 commission may require that an applicant furnish additional
information which would assist the commission in making a determination as to whether
or not the property does 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 information which cannot be
obtained and shall describe the reasons why such information cannot be obtained.
15.72.210 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 city attorney is authorized to institute any
actions to that end;
C. 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.
SECTION 2.
This Ordinance shall be posted in accordance with the provIsions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and after
the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on SEP ! 6 2007,
by the following vote:
~
NOES:
ABSTAIN:
ABSENT:
~ ....-- ....-- ....-- ~ L--- L---
COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
~- A. m(~
CITY CLERK and EX OFFICIO of t
Council of the City of Bakersfield
SEP 2 6 2007
APPROVED:
By:
HARVEY L. HALL, Mayor
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
/17 / " CZ:--:7--
~ ~"'r'"
/'
ANDREW WHANG
Associate City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 27TH day of September. 2007 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4460 passed by the
Bakersfield City Council at a meeting held on the 26TH day of September. 2007 and
entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD AMENDING CHAPTER 15.72 OF
THE BAKERSFIELD MUNICIPAL CODE RELATING
TO HISTORICAL PRESERVATION.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By:\Q~~tht~
. -
DEPUTY City Clerk
S:\DOCUMENT\FORMS\AOP .ORD.wpd
... ..
POSTED ON
q-J-7.0r
by City Clerk's Office
City of
Bakersfield
4460
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE
CITY OF BAKERSFIELD AMENDING
CHAPTER 15.72 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO
HISTORICAL PRESERVATION.
by
BE IT ORDAINED 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
15.72.180
15.72.190
15.72.200
15.72.210
Purpose.
Definitions.
Historic preservation commission-Established-Membership.
Historic preservation commission Powers and duties.
Cultural resource, historic district, and area of historic interest
designation--Criteria.
Cultural resource designation- Initiation.
Historic district designation-Initiation.
Area of historic Interest designation-Initiation.
Hearing procedure for designation of cultural resources, aM
historic districts, and areas of historic Interest.
Permit moratorium after notice to owner.
Commission action for a cultural resource, historic district,
and area of historic interest designation.
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 designated cultural
resource or property within a historic district-Hearing
required-Appeal.
Alteration of a designated cultural resource or of property
within a historic district-Criterla for approval.
Demolition or relocation of a designated cultural resource or
property within a historic dlstrict- Criteria for approval.
Alteration, construction or relocation of a structure within an
area of historic interest.
Proof of unreasonable economic hardship.
Enforcement.
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