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Home My WebLink About08/06/1990-~ B A K E R S F I E L D Ken Peterson, Chair Kevin McDermott Patricia M. Smith Jack Hardisty (Staff) URBAN DEVELOPMENT COMMITTEE MEETING Monday, August 6, 1990 12:00 p.m. City Manager's Conference Room AGENDA 1. Billboards 2. Economic Incentives 3. Proposed Ordinance Above Ground Storage of Flammable or Combustible Liquids 4. Historic Preservation Ordinance S. Agreement with HACK (Housing Authority of the County of Kern) Issuance of Multifamily Revenue Bonds Gene Tackett CONSULTING SERVICES b 9.!q90 CITY OF BAKERSFIELD PLANNING DEPARTMENT May 29, 1990 Mr. Jack. Hardisty PlanningDirector City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Mr. Hardisty: I have been retained by 3-M National Advertising Company to facilitate changes to the City Ordinance sections regarding outdoor advertising that will be acceptable both to the City Council and the billboard industry. The changes proposed in this letter have been reviewed by Martin, Kunz and Edwards outdoor advertising and they are in agreement with the contents of this letter. We propose a spacing distance between signs of a 500 feet radius. This would be a major change from the present requirement of "at least three hundred feet apart on the same side of a public street" and much more restrictive than the County's requirement of 500 feet on the same Side of the street. Information that I had supplied you earlier, describes the present "clustering" and points out that the non-conforming "clusters" would be eradicated through normal attrition in nine years. I have attached a diagram of Oak Street between California and Truxtun to show the effect of 500' radial spacing on the area around the Oak Street railroad overpass. In the future this requirement would mean only one billboard at each intersection would be allowed.. The industry would also agree to wording in the ordinance that would eliminate constructing new billboards over existing buildings. Some of the issues brought up by the Planning Commission and the Council had to do with content control. I believe we should stay away from this area because of the constitutional issues involved. Also there was discussion of taking down existing billboards in order to put up new ones. This is a difficult system to put into place because we would b~ dealing with existing land owner contracts. Normal attrition due to new development is a much better way to deal ~ith existing billboards ~ Mr. Jack Hardisty Page Two / Concern was also expressed from Councilwoman Smith regarding placement of billboards along Highway 178 in her Ward.' I have attached a map of the Caltrans designated landscaped freeways in Greater Bakersfield. Under State law it is illegal to build any billboards along these designated freeways. The City has the power to designate landscaped freeways and control the placement of billboards. The City has done this for the Truxtun Avenue Extension. I hope our proposals to make .the ordinance more restrictive and the information contained in this letter will allow us to reach an agreement on revised regulations of billboards in the City of Bakersfield. Thank you for your time on this important matter. It is my understanding that the Urban Development Committee will review this issue in the first week in June. If you have any questions or the Committee wishes representatives at the meeting in June please give me a (~ll. GENE TACKETT cc: 3-M National Advertising Martin Outdoor Advertising Kunz Edwards ~ ,.~ (Ii1¢ to ]:xt/ld any* billg) B A K E R S F I E L D MEMORANDUM FROM: David Lyman SUBJECT: Summa~ of Thesis Research Regarding Incem~es While rushing to join the financial incentives bandwagon, most California cities, including Bakersfield, have not examined how similar incentives have performed in other states. While these incentives may have brought new business and industry to an area, is the community reaping an amount equal to, or in excess of, its initial investment? To explore this area, I have chosen q'he Feasibility of Offering Financial Incentives in Bakersfield, California' as the topic to satisfy my thesis requirement for the Economic Development Institute at the University of Oklahoma. My research has included an examination of which incentives California cities are offering, how successful these cities feel they have been in playing the incentive game, and how California's offerings stack up with those being offered nationally. Back.qround: Information about the use of incentives by California cities was gathered by a survey I sent to 201 California cities chosen at random from the roster of the League of California Cities. These cities were asked to identify which incentive(s) their city used. These incentives were grouped into four broad categories: tax-related (13 separate incentives); iob-related (6 incentives); financial-related (23); and other (16) ..... Each city was asked to select from a field of 58 different incentives and identify the following information for each incentive used: the source(s) of the funding for the specific incentive; 2. the agency(ies) which offered the incentive; 3. the purpose(s) of offering the incentive; 4. what legislation, if any, authorized the use of the incentive; 5. what revenue(s), if any, were earmarked for the incentive; 6. the effectiveness of the incentive; 7. the efficiency of the incentive; 8. the effect, if any, of Proposition 13 to offer the incentive; 9. which incentive(s), if any, are under study; 10. which incentive(s), if any, are no longer used; JakeWager August 6, 1990 11. whether a cost/benefit analysis was performed to determine which incentives were used; 12. the city's population in its incorporated area; 13. the population of the metropolitan area, if different from the incorporated population. Please note that this memo contains preliminary findin,qs only. I have recently received comments from my thesis consultant on my first draft; a second draft and a final version are due by December 1990 and March 1991, respectively. When the final version of thesis is completed, the data obtained from my research will be the basis for specific recommendations for Bakersfield's future economic development efforts. Basic philosophies of incentives: Sociologists call incentives behavior modification, Some government officials refer to them as business enhancements. Critics lambaste them as give-aways. Yet incentives are probably the most studied, most talked about, and most Teflon-like aspect of economic development in this country. Neither practitioners nor academics can provide empirical evidence to demonstrate either the effectiveness or the uselessness of incentives in promoting economic growth. The number of cities, counties, and states which offer incentives is rapidly increasing. While there may be numerous objectives in offering an incentive package, there are six basic reasons (in no order) why government offers incentives: 1. Attraction of business and industry to an area; 2. Job creation; 3. Revitalization of a specific area of a community, such as the central business district; 4. Retention and/or expansion of a community's existing businesses; 5. To compete with other cities which offer the same or similar incentive; 6. Because other cities are offering similar incentives. Since the affected public agencies are rarely invited to participate in a firm's final, decision-making process, it is doubtful any city, county, or state can successfully analyze what incentives, if any at all, are conducive for that area's economic development. Constraints of offerin,q financial incentives: The offering of incentives by a public agency is restricted by the use and availability of public funds. However, the intangible constraints of politics and public relations cannot be ignored. In Flat Rock, Michigan, for example, the city offered an attractive incentive package to lure Mazda to their community. After closer scrutiny, the citizens of Flat Rock analyzed the costs that their community would have to sustain to offer a good quality of life. They concluded that the Mazda deal was 'dis-economic'. Similarly, businesses which receive treatment different from what the existing business community receives may find a public relations cost exists. In the Flat Rock example, Mazda spent a sizeable amount of time and energy to overcome the perception that its net contributions to the community were less than other businesses in the area. Jake Wager August 6, 1990 Survey of incentives used nationally: Yet, in spite of these negatives, communities are continuing to increase their use of financial incentives. Competition for corporate facilities is rising and the value of local incentive packages has never been higher. At least 35 of the 50 states offer some form of construction loan, aid for plant expansion, or tax exemption on land and capital improvements. When surveying the nation's cities and counties, Site Selection magazine examined tax incentives, financing programs, and special inducements offered at the local level. Of the 493 cities and counties responding, by far the most popular incentive was revenue bond financing. Are any of these incentives successful? It is difficult to make any conclusions. The main reason is the lack of reliable and comparable data for differing states or regions. Even if such information were available, data from within the same state may or may not be comparable to that from other states. Survey of California cities: California has not embarked as feverishly on the incentive bandwagon as many other parts of the country. At the municipal level, however, the use of incentives is much more intense. My survey of California cities found that an overwhelming majority --83.54%- use at least one incentive as part of their economic development package. Note that an incentive may not be financial in nature but, rather, a service-oriented offering, such as streamlined permitting or technical assistance. In analyzing the survey data, preliminary results show that California cities most often use incentives not for attracting new business and industry to an area but, instead, for the revitalization of a specific area within the community. Following close behind as reasons for offering incentives are job creation and business retention and expansion. Business and industry attraction ranked fourth. Of course, different communities will prioritize the basic reasons for offedng incentives in different orders, based upon their own specific needs. California cities ranked the below,market rate loan and the general plan amendment as the most popular incentives offered to businesses. Next most popular are the streamlined permit process and the sale of land. Third most Used incentive by California's cities is bond financing. My survey showed that seven incentives were not used at all by 'California cities: sales tax deduction; income tax rebate; income tax abatement; property tax deduction; venture capital; spousal placement; and · other', a catch-all for 'none of the above'. After preliminary analysis, it is clear that there are certain incentives which are much more popular 3 JakeWager August 6, 1990 among California cities surveyed than others. These incentives, which I have dubbed The California Top Ten, are, 1. below-market loan (tie) 1. general plan amendment (tie) 2. sale of land (tie) 2. streamlined permit process (tie) 3. bond financing 4. infrastructure subsidization 5. site assembly 6. condemnation 7. specific plan amendment 8. annexation 9. revolving loan 10. one-stop permit center As mentioned previously, the survey grouped incentives into four broad categories: tax-related (13 separate incentives), job-related (6 incentives), financial-related (23), and other (16), The results of the survey indicate that it is to the financial-related and 'other' categories where California city halls look first to create their incentive packages. Interestingly, the Top Ten includes neither tax-related nor job-related incentives. What this data also present is the overwhelming popularity of the Top Ten. Each of these incentives in the Top Ten are used by at least one out of every four California cities surveyed. Are those incentives which are most popular among California cities the most effective or efficient? Survey data show no correlation between those incentives garnering high effectiveness and efficiency ratings and their frequency of use among California cities. Conversely, those incentives most frequently used do not always garner favorable effectiveness and efficiency ratings. There is, however, a correlation between those incentives with the highest negative ratings and their lack of popularity by cities surveyed. ---. In short, those incentives deemed to perform poorly are not used often by California cities, Yet, those rated highly are also not used with much frequency. Respondents were also asked the question: 'was a cost/benefit analysis performed to determine which incentives are used in your community?' Of the cities surveyed which use incentives, 84.85% answered 'no'. No correlations exist as to why certain cities had performed a cost/benefit analysis. In evaluating the possibility of enacting incentives, Bakersfield had previously explored whether such action should be authorized through the enactment of an ordinance or merely action by the City Council. California cities surveyed shed some light into how their cities dealt with this issue. Survey results showed that action by city councils was used over three times more frequently than the Jake Wager August 6, 1990 enactment of ordinances. It must be noted that not all incentives require any legislative action by cities. Some incentives are offered through non-city entities, such as Certified Development Corporations (CDCs) or local JTPA (Job Training Partnership Act) agencies. Still others, such as the streamlined permitting process, are. simply staff functions and require no funds with which to operate, only a reorganization of the review and permit functions. Why are the most popular incentives in California the most popular?. The Top Ten incentives are more often offered by the cities themselves, rather than by other agencies, are paid for by city general funds and local redevelopment revenues more often than any other funds, and use council action rather than ordinances to authorize their use. It is evident that incentives used most frequently by California cities are not those which are necessarily the best, but merely those which are the easiest to use. How important are incentives to business? The decision to offer incentives must examine how such enticements reflect upon the product. Whether under the pretense to change a negative behavior, or to reward a positive action, incentives are an inherent part of human nature. Incentives are used to overcome perceived negatives. In the private sector, incentives are generally used to entice buyers to a product which is not otherwise selling briskly. Mercedes-Benz automobiles are not associated with incentives; neither are designer clothing or top-end restaurants. A recent survey by the Lou Harris Organization of the nation's chief executive officers validates that Bakersfield's advantages meet the Iocational needs of the nation's office, manufacturing, and distribution industries. Another recent study by the Industrial Development Research Council found similar results to the Lou Harris poll. What is constant in the many studies I examined is that incentives are said to play a pivoial role when all things, and both finalists in the community evaluation game, are equal. How often two communities end up with a tie score can only be speculated. If research concludes that financial incentives are not that important to a vast majority of businesses, why have an additional 6% of the nation's cities and counties enacted some form of tax incentive within the past year to improve their respective business climates? Are cities faced with the same dilemma, that incentives have become so pervasive that they are to be expected? Recent examples show corporate giants such as Sears, Roebuck & Co. and ConAgra, Inc., have exacted promises of incentives as a price of remaining in their present locations. In my survey, California cities felt attracting business and industry to their area was not the most important reason for offering incentives. Has this lack of emphasis had an impact on the number of companies landing in California? It appears not. According to the publishers of Site Selection magazine, California had the second-largest number of new plants and plant expansions among the 5 Jake Wager August 6, 1990 50 states for 1988 and the period ~'om 1986-88. Conclusions and recommendations: Sociology tells us that incentives are used to overcome perceived negatives. Selling tells us that when encountering such negatives, benefits which overcome the objection must be used in the sale. Research shows that the prime considerations of businesses when choosing a location are bottom- line requirements (those which make economic sense), not what incentives are being offered. Additionally, those industries which Bakersfield has targeted --manufacturing, distribution, and back- office users- concur that traditional financial incentives are not top requirements when choosing a site. Instead, these industries consistently identified responsiveness on the part of city and economic development officials to the prospect's specific needs, assistance in cuttin.q throu.qh 'red tape', and flexibility in zoninq practices. Therefore, three recommendations are made for Bakersfield's future economic development program: 1. seriously address the perceived negatives of the community: the product. Efforts and funds should be channelled into overcoming the perceived negatives of Bakersfield which may hinder the city's attraction efforts. The city's perceived negatives fall into five broad categories: image transportation access education environmental building availability. Any effort to address these negatives will require community-wide cooperation. If the negatives can be changed, action plans to overcome them need to be formulated, ff they cannot be changed, plans to mitigate their effects should be developed. 2. use service-related incentives. An emphasis should be placed upon those incentives which require no financial outlay but, rather, enhance Bakersfield's ability to provide service to prospects. Such efforts include, streamlined permit process. Continue to improve the city's site-plan review and other permitting processes, emphasizing the city's ability to work with the business and to coordinate permitting. permit/fee/tax computer data base. cutting through the 'red tape' to provide instant calculations of charges and taxes to the prospect. At present, this information is gathered by staff via telephone ancl by visiting the county assessor's office for the 6 Jake Wager August 6, 1990 latest tax assessments on a parcel. The system, instantly providing infOrmation to the prospect, would be called B-MNE (Bakersfield Locational Information Network Express), as in 'he made a bee-line for the food,' suggesting speed. spousal placement, providing job assistance when relocating a spouse to the community. Coordinating the efforts of the state Employment Development Department, Employers' Training Resource (the JTPA agency), local colleges, and personnel executives would provide a transition for the relocation of employees with a working spouse. It would also be an advantage to Bakersfield: no other city surveyed was using this incentive. local supplier & user network, linking local users of products with local companies which make, or can make, these products. Such linkages are used in other states to reduce the leakage of dollars to other areas. Its establishment would benefit both new and existing businesses. business retention and expansion, linking local businesses with resources available in the community, loans, professional services, etc., in an effort to reduce the chances of businesses leaving the community. 3. do not pursue implementing any specific financial incentives. Instead, direct efforts to promoting Bakersfield's Iocational advantages, creating a qual~ business environment, and overcoming perceived negatives. Summary: Bakersfield is faced wIth the prospect of offering incentives, but research shows financial incentives are not primary factors when a businesses chooses a location. Bakersfield's advantages seem to meet the Iocational needs of the city's targeted industries. Because of the numerous advantages of the community, it is recommended that Bakersfield channel efforts into overcoming or mitigating the perceived negatives of 'the community; emphasize non- financial, or service-related, incentives to increase the city's responsiveness to prospects, and reduce the 'red tape'; and minimize financial incentive offerings to businesses as is practical. thesis.sum GENERAL POLICY FOR ECONOMIC DEVELOPMENT The Bakersfield urban area has experienced rapid population and residential development growth at 4 to 5 percent per year for nearly a decade, until early 1986. The Area population has grown from 198,432 in 1970 to 285,950 in 1985 with the incorporated City area growing at an even more rapid pace (69,515 in 1970; 138,800 in 1985; 169,171 in 1989). The urbanizing areas have spread along a 35 mile east-west corridor paralleling the course of the Kern River from the canyon south to roughly 7 miles from the I-5 Freeway. Community and leadership consensus has been reached concerning the need for initiative activities and private and public partnerships which can achieve economic diversification for the.General Plan area. The purpose of developing a general pOlicy for E.D. should be to provide a policy and implementation framework which induces and guides oncoming private investment. This is consistent with the City and regional need to create local initiatives, rather than rely upon resources from the regions or state and federal governments. W:M.JW202 -2- The principal result of an Economic Development General Policy over the long run should be the generation of new jobs in the expanding economic base which do not rely heavily upon the historic regional specialties of agriculture and oil. "Economic Development" means action, not response, and includes the guidance of new growth and changes as well as the revitalization of the existing economy and the existing City and its periphery. The issues and opportunities which frame t~e making of a General Policy are as follows: o There is a need to ameliorate the cyclical economic roller coaster impacts of rising and falling agriculture and oil prices. Both agriculture and oil production have been simultaneously depressed. In the past this has resulted in an overall shrinkage of economic activity in the Bakersfield area. o In recognition of the scale of the spreading urban area and the linked relationships between the City and the surrounding unincorporated communities and larger land holdings, a General Plan has been adopted which encompasses an area of 400+ square miles. This in turn requires the creation of economic development policies that are applicable and relevant for a large and changing area which will not be entirely urbanized by the year 2010. W:M.JW202A -3- Because Bakersfield will grow dramatically between 1987 and 2010, a general economic development policy should address the need for the growth (and improvement) of existing public and private institutions which have multiple and complementary purposes. This is essential if as a Community we are to: - increase the skills of the growing labor pool - increase the quality of life for regional residents - increase the reputation of the Bakersfield community as an attractive and desirable business and residential location. Initiative in economic development~partnerships, must be undertaken and sustained. Actions in early 1987 concerning the Kern Economic Development Corporation signed the beginning of the new momentum. I. BUSINESS ATTRACTION PROGRAM A. Target those industries identified in Vista Strategies Report. 1) Warehouse/Distribution 2) Light Manufacturing 3) Back-Office Operations W:M.JW202B1 -4- B. Work in conjunction with all agencies involved in business recruitment/attraction (KEDC, Chamber of Commerce, and the County of Kern). Strive for greater cooperation and stronger linkages. °Maintain centralized Real Estate inventory. °Prepare joint marketing material. °Prepare joint material for specific prospects. °Coordinate attendance at Trade Shows. C. Offer financial inducements necessary and reasonable to service targeted industries. Inducements will vary subject to the merits of each proposal based on such items (but not limited to) jobs created, contribution to a stronger tax base (property, sales, transient occupancy, revitalization of targeted areas (Redevelopment Project Area, Baker Street Specific Plan Area, Casa Loma Specific Plan Area, Incentive Area). D. Business attraction program should focus on those industries which have the least negative impact on environmental and other quality of life issues. Any such impacts should be included in the consideration being given to the offering of financial inducements. W:M.JW202.1 II. BUSINESS RETENTION PROGRAM A. Recognizing that the community of Bakersfield owes a great debt to its existing business, the City of Bakersfield will offer assistance geared towards the retention and expansion of Bakersfield's home grown businesses. B. Work in conjunction with all agencies (NEDA, Mid-State, County of Kern, etc.). C. Offers those financial inducements necessary and reasonable to retain and expand. The community's business inducements will vary subject to the merits of each proposal. D. Business retention and expansion program should focus on least impact on environment and those businesses which ,, offer greatest longevity and staying power. W:M.JW202.2 -6- GOAL Foster the economic development, growth, diversification and revitalization of the Bakersfield 2010 General Planning Area. Seek to develop a diversified economic base which provides equal full employment opportunities to all residents of Bakersfield and to develop new businesses and facilitate the expansion of existing business. GENERAL OBJECTIVE 1. Promote economic activity diversification throughout the Metropolitan Bakersfield Area. 2. Actively seek new industry to relocate in Bakersfield and develop the infrastructure necessary to support these industries. 3. Create technical assistance programs for existing industry. 4. Retain the agricultural and petroleum related industries in Bakersfield. 5. Improve the overall image of Bakersfield. POLICIES A.1 Encourage the growth and expansion of local firms (I, II, III, IV). W:M.JW202B -7- A.l.a Continue to assist new and existing businesses with permit approval process for~the expansion of businesses. A.l.b Provide technical assistance to small firms that want to expand, suCh as marketing plans, financing plans, business plans, etc. (I, II, III). A.2 Encourage the start-up of new firms (I, II, III, IV). A.2.a Provide financial incentives to firms willing to locate in areas in need of redevelopment or who are willing to hire disadvantaged workers. A.3. Encourage non-local Commerical and Industrial firms to relocate and/or expand into the Metro Bakersfield Area (I, II, III, IV). A.3.a Maintain a targeted industries analysis to identify those industries for which Bakersfield might have a competitive advantage (II). A.3.b Research and document the advantages and disadvantages of locating in Bakersfield (II) A.3.c Assist in developing customized training programs that would train the work force needed by firms expanding into Bakersfield (IV). OBJECTIVE 2. Develop Bakersfield as a competitive urban headquarters center. W:M.JW202C POLICIES A.1 Concentrate the regional headquarters offices and research functions of governments (V). A.2 Identify growth companies interested in creating new back-office operations. (II, III). A.3 Identify amenities that would increase marketability of the Redevelopment Project Area (II, III, V). OBJECTIVE 3. Encourage enhanced Central City area reinvestment. For purposes of this objective, the~Central City shall encompass the following: o California Avenue on the south Kern River on the north Highway 99 on the west o Beale Avenue-Bernard Street-North Union Avenue on the east POLICIES A.1 Identify and implement practical market-responsive development projects in the existing downtown redevelopment project area, and the larger area defined in the Redevelopment Element. The Redevelopment Element shall be used as a guide to Central Business District revitalization implementation (V, VIII, IX). A.2 Identify keystone areas for Central City redevelopment projects (IX, X). Criteria for any project area selection beyond the existing Central City area should include the following: W:M.-JW202D -9- Areas surrounding Central City which have a predominance of blight. o Areas which can be economically revitalized within seven to ten years, which can add to the recovery of the Central City area. o Areas which may provide a scale and quality of landmark character for the larger Central City-- to invite activity back to the core. OBJECTIVE 4. Support a long-term (implementation-oriented) economic development corporation which provides for a partnership between local governments and the private sector. A.1 Maintain an economic development corporation of principals, with a flexible charter of purpose, capable of forming coalitions of diverse public agencies and private sector organizatons. In connection with supporting the Economic Development Corporation, efforts should be made in the following areas: a. Market Bakersfield to prospective industry on a national/international basis, including corporate relocations. Industry prospects should include nonpolluting types with an emphasis on, for example, light manufacturing and assembly, applied electronics, distriOution, textiles and apparel service groups, and food processing. W:M.JW202E -10- b. Respond to Retail/Commerical interested in locating new or expanded within the Metropolitan Bakersfield area. c. Identify public service facility weaknesses in Bakersfield and work with City and County decision- makers to rectify these weaknesses. d. Prepare and update an inventory of available land sites, plant facilities, and under-utilized real estate resources in Bakersfieid and the Metropolitan area for industrial development. e. Aid in facilitating land assembly and acquisition for new commerce and industry through use of public and private techniques such as redevelopment acquisition, assembly by options, and ground leases. f. Aid in the permitting process for commercial and industrial developments. g. Identify joint public/private programs which may include public participation through use of City or County under-utilized land sites and locally generated business development loans. B. Develop consistent theme marketing of Bakersfield as the prototype city (large enough to handle anything, small enough to care). W:M.JW202F -11- POLICIES B.1 Promote the obvious productivity of the South San Joaquin Valley by (II): a. defining the resources in transition and the growth of the regional economy. b. showing the resources being processed to higher value. c. demonstrating the vast scale of the south San Joaquin. d. showing the face of the modern City and its wide-range quality of housing. B.2 Portray Bakersfield as a uniquely american city defining its own future through the following schemes (II): a. Project the community as one of "the (unique) Californias." Market the City's Designation as an All America City. b. Describe the diversification goals and objectives of the metropolitan area. c. Illustrate the quality of change and 'growth which the 2010 General Plan will generate. C. Initiate greater use of available economic development techniques, including financial incentives and the value of industry's overall contribution to the community. W:M.JW202G -12- POLICIES C.1 Identify the opportunities for expanding the use of economic development techniques already in use. C.1.1 Assess the need and role of additional redevelopment projects in the City. C.1.2 Determine how assessment districts can be used to stimulate economic development. C.1.3 Assess the constraints and opportunities for commercial and industrial development in the Southeast Bakersfield Incentive Area. C.2 Introduce new economic development techniques. C.2.1 Assess potentials for use of governmental surplus parcels, on a sale or lease basis. C.2.2 Determine the types of feasible public improvement projects which can justify issuance of taxable bonds (i.e. Marks Roos, Mello Roos and Industrial Development Bonds). OBJECTIVES 5. Encourage new development that pays for itself. POLICIES A.1 Support community growth which results in land use patterns patterns which provide for revenues that cover costs for the respective local government jurisdiction. A.2 Discourage revenue generating land use location just outside of jurisdictional boundaries which contain the higher urban services costs (housing). W:M.JW202H -13- A.3 Define financing systems, including community facility districts and assessment districts, on an area-wide basis which will assist in funding local governmental capital improvements and recurrent operations and maintenance costs not anticipated to be covered by annual general fund appropriations. OBJECTIVE 6. Improve the visual appearance of the City and its view from the road. POLICIES A Encourage the consistent use of trees along major arterials, sidewalks, and property frontages. B.1 Encourage the establishment of a design program to create identifiable districts in the community B.2 Encourage the provision of streetscape improvements, landscape, and signage which uniquely identify the principal commercial districts throughout the Metro Bakersfield Area. B.3 Assist in creating a high quality of urban design within the Metro Bakersfield Area. B.~ Encourage development and implementation of policy which encourage high standards of property maintenance (residential, commercial and industrial). W:M.JW202I SPECIFIC IMPLEMENTATION PRACTICES I. Provide a technology information service to educate businesses as to available technologies which would help them operate more efficiently. II. Create a market information service whose duties would include: a. help local firms identify new markets for export from the region; b. conduct a marketing campaign in industry trade journals describing the benefits of a Bakersfield location; c. develop prospect market reports fo~ selected targeted industries which quantify the potential consumer or industry markets that may be serviced from Bakersfield; d. provide reference sheets which contain Bakersfield economic data; e. develop and maintain, with cooperating local brokers, an up-to-date database of available industrial parcels, including their location, infrastructure, size, and lease terms; f. develop and maintain an up-to-date data base of available industrial parcels. III. Identify firms that are considering expansion and relocation and who would encourage these firms to remain in Bakersfield by helping them find sites and by making them aware of government incentives. IV. Identify JTPA (Job Training Partnership Act) and other sources for customized job-training programs that would help local firms train workers in the skills that the firms need for expansion. V. Seek Federal offices and research facilities for the Metro Bakersfield area, and seek State office consolidation. Efforts should focus on Redevelopment Project Area. VI. Establish "place identification,, in Bakersfield by defining a series of desirable names and district locations. VII. Deliberately seek owner participation agreement developments. Emphasize adaptive use of existing structures. -2- VIII. Use redevelopment financing techniques to stimulate adaptive uses. IX. Fund redevelopment investments which establish a new or revitalized sense of place--such as 19th Street/Chester intersection gateway. X. Assess the following areas for redevelopment: a. North union Avenue area from Truxtun to the Kern River; b. the Kern River frontages--Manor Street Bridge to Highway 99; c. the Baker Street Specific Plan area; d. determine which segments of the City's Casa Loma area warrant redevelopment, even though lying outside of the Central City area. XI. Improve the~capabilities of the existing Business Improvement District, including its financial strength to conduct realistic and desirable promotional programs. XII. Require as a condition for any Federal, State, or local tax abatement or training grant or subsidy to a firm to hire or give first preference to local unemployed residents. W:ATT5 MEMORANDUM June 18, 1990 TO: Vice Mayor Ken Peterson FROM: Arthur J. Saalfield, City Attorney ~~- / SUBJECT: VICE I~YOR REF~ OF ~ROPO$1~ ORDIN~E Please refer the following proposed ordinance to whichever committee you deem appropriate: 1) ABOVE-GROUNb STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS. Background: As a result of a survey and discussions with representatives of the tank construction.industry, the attached draft ordinance was created. It lays out those types of requirements that have been determined to yield a safe above-ground storage and refueling system. The draft ordinance allows above-ground fuel tanks of capacities no greater than 2,000 gallons. Larger above-ground fuel tanks are allowable in some areas of the city where building density is minimal. Above-ground fuel systems of greater capacities will be studied in the near future. The draft ordinance contains requirements that specifically relate to fire protection, such as the concrete encasement which allows the tank to be totally engulfed in flames for a one hour period without possibility of rupture or explosion. The ordinance also refers to application of environmental protection devices as per State law. Thankyou. AJS/meg ORD-REFERRAL\ A/G-STRG.MEM Attachment cc: J. Dale Hawley Leroy Kollenborn ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTION 15.64. 410 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ABOVE- GROUND STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.64.410 of the Bakersfield Municipal Code is hereby amended to read as follows: 15.64.410 Section 79.902(c)(1) added - Above-ground storage of flammable or combustible liquids. A. The limits of the district referred to in which storage of flammable or combustible liquids in outside, above- ground tanks is prohibited are established as follows: Fire Zones 1 and 2 and the closely-built commercial and residential areas of Fire Zone 3 as said zones are defined in Chapter 15.64, Section 15.64.400 Subsections A, B and C, of this code. Exception: Fire Zones 1 and 2, above-ground tanks installed in special enclosures for dispensing of Class I, II or III-A liquids shall include the following: 1. Above-ground tanks containing Class I, II or III-A liquids shall not exceed a capacity of 2,000 gallons. 2. A tank vault shall completely enclose the tank. 3. The tank vault shall be constructed of reinforced concrete at least six inches thick (equal to a two- hour wall). 4. The tank vault shall be liquid tight. 5. All vaulted tanks/tank vaults shall have an enclosed space between the tank and the tank vault and will be called secondary containment. 6. The only openings permitted in the tank vault shall be for inspection, filling, dispensing, venting, emergency venting,; and they shall be installed through the top only. Anti- siphon devices shall be installed on discharge lines. 7. Tank connections shall be so piped or closed that neither vapors or liquid can escape into the enclosed space between the tank and the tank vault. 8. Means shall be provided to ventilate each vault to dilute, disperse and remove vapors. 9. Means shall be provided to recover liquids from the secondary containment area. If a pump is used to meet this requirement, the pump shall be of an approved type, and not permanently installed in the secondary containment area. 10. Tanks should be UL Listed for above ground ~lse. 11. Emergency venting as per Uniform Fire Code (minimum six inches in diameter). 12. Vent pipe provided for normal tank venting shall terminate at least 12 feet above ground level. 13. Permits shall be required for all reinforced concrete such as pad, sides, ends and top through Building Department. 14. Permits shall be required for all electrical through Building Department. 15. The tank vault shall be protected against accidental dislodgement by use of crash posts minimum six inches in diameter, six feet long, two feet of which shall be below grade and encased in concrete. Be set four feet on center and three feet from vault. (Encasement in concrete shall be minimum of 12 inches wide. Bottom of posts, suspended in concrete minimum of three inches from bottom). 16. Shall be protected against dislodgement during seismic activity as per Building Code. 17. Tank vault should be at least 25 feet from any opening in a building, any property line or any street, alley or public way. One hundred feet from I, R-1 and R-3 occupancies. One hundred fifty feet from all A and E occupancies (see Uniform Building Code). 18. Vaults shall have warning and identification sign installed to clearly identify the hazards. 19. Vapor recovery approved by air pollution laws. 20. Ail vaulted tanks shall be inspected for vapor and/or liquid leaks every six months. Records kept on premises and signed by responsible party. 21. Vaults shall have capability of physical monitoring. 22. Dispensing nozzles with auto shut off required. 23. No hold-open devices allowed Class I flammable liquids. 24. Maximum life of above ground tanks: 25 years. SECTION 2. This Ordinance shall be posted in accordance with the City Charter provisions and shall become effective thirty (30) days from and after the date of its passage. -. o0o 3 ~ 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 , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ARTHUR J. SAALFIELD CITY ATTORNEY of the City of Bakersfield LCM/meg FIRESTRG.ORD 6/11/90 15.64.120 Section 78.102(b) 15.64.310 Section 11.416 added-- amended--Manufacture, Streets, alleys and occupied sale and discharge of property. fireworks. 15.64.320 Section 10.207(m) added-- 15.64.130 Section 78.102(d) added-- Security, Private street and ManufactUri~;'sale and dis- vehicle access gates. charge of model rockets. 15.64.330 Section 79.1206 (a) (2) 15.64.140 Section 10.210 added--Fire amended--Parking and ga- lanes, raging (tank vehicles). 15.64.150 Section 10.301(g) added-- 15.64.340 SectiOn 79.115(0 Installation. amended--Abandonment 15.64.160 Section 10.301(c) added-- of tanks. Water supply. 15.64.342 Section 80.103(c) 15.64.170 Section 79.103(a) added-- amended--Hazardous mate- Permits required, rials management plan. 15.64.180 Section 79.903(b) 15.64.345 Section 80.301(d) amended--Supervision, amended--Signage. 15.64.200 Section 79.908 amended-- 15.64.347 Article 82 Table No. 82.104 Fire protection, amended. 15.64.210 Section 79.901(a) added-- Self-service gasoline sta- IlL Duties and Organization of Bureau of tions. Fire Prevention 15.64.220 Section 79.1201 amended-- 15.64.350 Duty to enforce code--Oper- Permits. ational authority. 15.64.230 Section 25.118 added--Fire 15.64.360 Fire safety control bureau. drills. 15.64.370 Arson investigation. 15.64.240 Section 11.101 amended-- 15.64.380 Assuming duties of peace Bonfires and outdoor officers. rubbish fires. 15.64.390 Carrying firearms. 15.64.250 Reserved. 15.64.260 Section 11.112(b)(4) IV. Fire Zones added--Hours of burning. 15'~8;-L400 Establishment of fire zones. 15.64.270 Section 11.201(e) added-- 15.64.410 Prohibition of aboveground Accumulation of waste storage of flammable or material, combustible .liquids: 15.64.280 Section 11.203(d) added-- 15.64.420 Prohibition of bulk storage Hazardous storage, of liquefied petroleum 15.64.290 Section 11.208 amended-- gases. Parade floats. 15.64.4'30 Prohibition of storage of 15.64.300 Section 11.205 amended-- explosives and blasting Use of open flame or light agents. restricted. (Llakcrsficld 9-89) 502 15.64.410 md westerly line of Be~le Avenue to the northerly line of north line of 8th Street to the point of :e east along East 19th Street; thence westerly along the bemnnin_*. northerly line of East 19th Street to the C. Fire Zone No. 3 Designated. All territory. "t alo=.ng the ~ westerly line of King Street; thence southerly now or hereafter included ~vithin the corporate ~d along its : ~e of Union ! along the westerly line of King Street to the limits of the city, excepting that territory. mst tine of~ 'northerly line of East 18th Street: thence designated as Fire Zone Number I and Fire te or'~Grove westerly along the'northerly line of East 18th Zone Number 2 by the provisions of Section utherly line Street to the westerly line of Baker Street: 15.64.400 subsections A and B hereof, shall be >etween the thence southerly along the'"westerty line or' and is designated as Fire Zone Number 3. Baker Street to the northerly line of East Trux- D. References in Other Ordinances. When- :t and the tun Avenue; thence westerly along the northerly ever in any ordinance heretofore or hereafter :e northerly. ay betwe~'n line of East Truxtun Avenue to the easterly line adopted by the city reference is made to fire .ento Street of Kern Street; thence northerly along the zones, fi're limits, fire districts, fire limits dis- :feet to the easterly line of Kern Street to the prolongation tricts or other similar designation, it means the .ng easterly easterly of the northerly line of the alley extend- fire zones created by th.is chapter. (Ord. and westerly between Eureka Street 2758 § 1 (part), 1982: prior code § 14.12.010). ing easterly East 19th freer on the and East 18th Street; thence westerly along said .ttherly line prolongation easterly of and along the northerly 15.64.410 ' ' ' dye line of last described alley to the westerly line '"13'f~,_._?rnahl~ or .fly line or. of Sonora Street' thence southeriy along the along the .' southerly westerly line of Sonora Street to the northerly A. The limits of the district referred to in line of Eureka Street; thence westerly along the which storage of flammable or combustible terty along he easterN' northerly line of Eureka Street to the east liquids in outside, aboveground tanks is pro- ' line of Un/on Avenue; thence north along the hibited are established as follows: Fire Zones v along the east line of Union Avenue to the prolongation 1 and 2 and the closely built commercial and atherty line along the easterly of the north line of the alley extending residential areas of Fire Zone 3 as said. zones are :olon~ation east and west between 17th and 18th Streets; defined in Chapter 15.64, Section 15.~ - thence west along the said prolongation easterly subsections A, B and C, of this code. Icy extend- of and along the north line of last described B. The limits of the district referred to in <em Street alley to the west line of R Street; thence which new bulk plants t'or flammable or along said southerly along the west line of R Street to the combustible liquids are prohibited are described xid easterly - north line of 17th Street; thence west along the as follows: Fire Zones I and 2 and the closely ~therty line : : north line of 17th Street to the west line of M built commercial and residential areas of Fire along the : Street; thence south along the west line of M Zone 3 as said zones are defined in Chapter ~e westerly Street to the north line of 15th Street; thence 15.64,.Section 15.64.400 subsections A, B and hefty and : west along the north line of' 15th Street to the C of this code. 2in_~ Street: west line of L Street; thence south along the C. The limits of the district referred to in line or' last west line o~ L Street to the north line of 14th which special dispensing devices such as. but not southerly Street: thence west along the north line of 14th I/mired to, key-operated, card-operated and :iy tine of Street to the prolongation northerly of the west remote preset types, without a competent at- : southerly line of the alley extending north and south tendant to observe and control the area at all ne or' King between Chester Avenue and K Street; thence times are prohibited are established as follows' :sterly line south along said prolongation northerly of and Fire Zone I as said zone is defined in Chapter of Sumner along the west line of last described alley to the 15.64. Section t5.6,1..400 subsection A of this therty line _,.,8 § I (part). 1982: prior code § north line of 8th Street: thence west along the code. (Ord. e or' Beale 14.12.020). : westerly 5 I ~ l (Baker~t'i~ld. 15.64.410 Section 79.9~2(c)(1) added: Above-ground Storage of Flammable or Combustible Liquids A. The limits of the district referred to in which storage of flammable or combustible liquids in outside, above-ground tanks is prohibited are established as follows: Fire Zones I and 2 and the closely-built commercial and residential areas.of Fire Zone 3 as said zones are defined in Chapter 15.64, Section 15.64.400 Subsections A, B and C, of this code. EXCEPTION: Fire Zones I and 2, above-ground tanks installed in special enclosures for dispensfng of Class I, II or III-A liquids shall include the following: 1. Above-ground tanks containing Class'I, II or III-A liquids shall not exceed a capacity of 2,000 gallons. 2. A tank vault shall completely enclose the tank. 3. The tank vault shall be constructed of ~einforced concrete at least six inches thick (equal to a two-hour wall). 4. The tank vault shall be liquid tight. 5. All vaulted tanks/tank vaults shall have an enclosed space between the tank and the tank vault and will be called secondary containment. 6. The only openings permitted in the tank vault shall be for inspection, filling, dispensing, venting, emergency venting~ and they shall be installed through the top only. Anti-siphon devices shall be installed on discharge lines. 7. Tank connections shall be so piped or closed that neither vapors or liq- uid can escape into the enclosed space between the tank and the tank vault. 8. Means shall be provided to ventilate each vault to dilute, disperse and remove vapors. 9. Means shall be provided to recover liquids from the secondary contain- ment area. If a pump is used to meet this requirement, the pump shall be of an approved type, anq not, permanently installed in the secondary containment area. · 10. Tanks s.~l~q'l.be UL Listed for above-ground use. · 11. Emergency venting as per Uniform Fire Code (minimum six inches in 'diameter). 12. Vent piped provided for normal tank venting shall terminate at least 12 ft. above ground level. 13. Permits shall be required for all reinforced concrete such as pad, sides, ends and top through Building Department. 14. Permits shall be required for all electrical through Building Department. 15. The tank vault shall be protected .against accidental dislodgement by use of crash posts minimum six inches in diameter, six feet long, two feet of which shall be below grade and encased in concrete. Be set four feet on center and three'feet from vault. (Encasement in concrete shall be minimum of 12 inches wide. Bottom of posts, suspended in concrete minimum of three inches from bottom.) 16. Shall be pro~ted against dislodgement during seismic activity as per Building Code. 17. Tank vault shall be at least 25 feet from any opening in a building, any property line or any street, alley or public way. One hundred feet from I, R-1 and R-3 occupancies. One hundred fifty feet from all A and E occupancies (see Uniform Building Code). 18. Vaults shall have warning and identification signs installed to clearly identify the hazards. 19. Vapor recovery approved by air pollution laws. 20. All vaulted tanks shall be inspected for vapor and/or liquid leaks every six months. Records kept on premises and signed by responsible party. 21. Vaults shall have capability of physical monitoring. 22. Dispensing nozzles with auto shut off required. 23. No hold-open devices allowed on Class I flammable liquids. 24. Maximum life of above-ground tanks: 25 years. -2- DRAFT ORDINANCE NO. AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTER 15.72 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HI STORI CAL 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 Purpose. 15.72.020 Definitions. 15.72.030 Applicability. 15.72.040 Historic preservation c~..ission - Established - Membership. 15.72.050 Historic preservation c~maission - Powers and duties. 15.72.060 Cultural resource and historic district designation - Criteria. 15.72.070 Cultural resource designation - Initiation. 15.72.080 Historic district designation - Initiation. 15.72.090 Hearing procedure for designation of cultural resources and historic districts. 15.72.100 Permit moratorium after notice to owner. 15.72.110 Commission action. 15.72.120 Council action. 15.72.130 Notice of designation. 15.72.140 Amendment or rescission of designation. 15.72.150 Nomination for state or national register of historic places. 15.72.160 Alteration, demolition or relocation of a cultural resource or property within a historic district - Hearing required - Appeal. 15.72.170 Alteration of a cultural resource or property within a historic district - Criteria for approval. 15.72.180 Demolition or relocation of a cultural resource or property within a historic district - Criteria for approval. 15.72.190 Proof of unreasonable hardship. 15.72.220 200 Enforcement. 15.72.010 Purpose. The purpose of this chapter is to promote the public health, safety, and general welfare by providing for the identification, protection, enhancement, perpetuation, and use of improvements, buildings, structures, signs, objects, features, sites, places, and areas within Bakersfield that reflect special elements of the city's architectural, artistic, cultural, engineering, aesthetic, historical, political, social and other heritage for the following reasons: A. To safeguard the city's heritage as embodied and reflected in such resources; B. To encourage public knowledge, understanding, and appreciation of the city's past; C. To foster civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources; D. To promote the enjoyment and use of cultural resources appropriate for the education and recreation of the people of the city; E. To preserve diverse and harmonious architectural styles and design preferences of periods of the city's history and to encourage complementary contemporary design and construction; F. To protect and enhance the city's attraction to tourists and visitors (thereby stimulating business and industry); G. To identify as early as possible conflicts between the preservation of cultural resources and alternative land uses; H. To integrate the preservation of cultural resources and the extraction of relevant data from such resources into public and private land management and development processes; I. To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment. -- 2 -- 15.72.020 Definitions. When used in this chapter, the following words shall have the meanings specified in this section, unless a different meaning clearly appears from the context: A. "Alteration" means any change or modification, through public or private action, of any designated cultural resource or property within a designated historic district which requires a permit from the City. B. "Bakersfield Register of Historic Places" means the official city list of designated cultural resources. C. "Commission" means the Bakersfield Historic Preservation Commission. D. "Cultural resource" means on site improvements, buildings, structures, signs, features (including significant trees or other landscaping), places, place 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. E. "Designated cultural resource" means on site improvements, buildings, structures, signs, features (including significant trees or other landscaping), places, place names, interior architecture features, landmark sites, historic sites, area (including significant trees or other landscaping located thereon) or other objects of scientific, archaeological, aesthetic, educational, cultural, architectural, or historical significance to the citizens of the city that has been approved by the commission and designated by the qi~tY council. F. "Exterior architectural feature" means an architectural element embodying style design, general arrangement and components of all of the outer surfaces of an improvement, building or structure, including but not limited to the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement, building or structure. G. "Historic district" means any geographically definable urban or rural, small or large area containing buildings, structures, sites and objects linked historically through location, ~esign, setting, materials, workmanship, and/or association. The significance of a district is the product of - 3 - the sense of time and place in history that individual components collectively convey. This significance may relate to develop- ments during one period or through several periods in history. H. "Historic site" means any parcel or portion of real property which has special character or special historical, cultural, archeological, architectural, community or aesthetic value. I. "Landmark site" means any site or improvement, manmade or natural, which has special historical, cultural, architectural, archaeological, community, or aesthetic character, interest, or value as part of the development, heritage or history of the city, the State of California, or the nation. J. "National register of historic places" means a national list of districts, sites, buildings, structures and objects of local, state or national importance that are significant for their historical, architectural, archaeological 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. K. "Object" means a material thing or functional, aesthetic, cultural, symbolic, or scientific value, usually by design or nature movable. L. "Preservation" means the act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and/or vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance. M. "Preservation Plan" means a li~ of the proposed restrictions, height and area regulations, minimum dwelling size, floor area, sign regulations, parking regulations, and any other proposed modification to existing development standards appropriate to the proposed historic district. N. "Property owner" or "owner of property" or "owners of property" means the person or persons shown as the record owner(s), as determined by a title search, of the property proposed to be designated as a cultural resource. As to property to be included in a historic district and as to owners of property to be notified of any hearing as to property other than their own, "property owners" means owners as shown on the latest equalized assessment roll of the County of Kern. - 4 - O. "Protection" means the act or process of applying measures designed to affect the physical condition of a property by protecting or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury. In the case of buildings and structures, such treatment is generally of a temporary nature and anticipates future historic preservation treatment; in the case of archaeological and paleontological sites, the protective measure may be temporary or permanent. P. "Restoration" means the act or process of accurately returning the form and details of a property and its setting as it appeared at a particular period of time, or the removal of later work or the replacement of missing earlier work. Q. "Stabilization" means the act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present. R. "State Office of Historic Preservation" means a division of the State Department of Parks and Recreation which serves as the staff for the State Historic Preservation Officer who is the official designated and appointed by the Governor to administer the historic preservation program in California. 15.72.030 Applicability. This chapter shall apply to all cultural resources and all historic districts within the city. 15.72.040 Historic preservation commission - Established . Membership. A. There is established in the city a historic preservation commission consisting of nine unpaid members. Each council member will nominate one member. The mayor will nominate two members. Appointments shall be made by the city council. B. The members of the commission may 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, urban planners, contractors and builders. All members shall be residents of the city. - 5 - C. The commission shall elect from among its members a chairperson and vice-chairperson to serve as such for a one (1) year term. The chairperson shall preside at all meetings of the commission, and shall appoint each committee and perform the duties necessary or incidental to the office. The vice- chairperson of the commission, in the absence of the chairperson or in the case of inability of the chairperson to act, shall perform the duties of the chairperson. D. The city manager or his desi~ne~, ...... ..... mlc' ...... ~ .... ~ .... ~ .... nt ........ , ....... ~ ........ ~ ............ , shall serve as administrative staff to the commission. The economic development director shall assign a representative to serve as secretary to the commission. The secretary shall keep minutes of each meeting, record the official actions taken, record the vote on all official actions, certify each official act and resolution of the commission, maintain records of operations, and perform such other duties as the commission assigns. E. The commission shall review and adopt its own operating rules and bylaws, thereafter having the power and authority to perform all of the duties hereinafter enumerated and provided. F. The members shall serve four (4) tkrcc (3) year terms and each member shall serve until his or her successor is duly appointed and qualified. G. In the event of a vacancy occurring during the term of a member of the commission, the council shall appoint a new member to fill the unexpired term, and where such member is required to have special qualifications, such vacancy~shall be filled by interim appointment, in the manner herein prescribed, of a person having such qualifications. 15.72.050 Historic preservation commission - Powers ~n~ duties. The commission shall have the following powers and duties: A. Establish criteria and conduct or cause to be conducted a comprehensive survey of properties within the boundaries of the city, and publicize and periodically update survey results. B. Adopt specific guidelines for the designation of cultural resources, including landmarks, landmark sites, and historic districts. C. Maintain a local register of designated cultural resources and historic districts. -- 6 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 recommendinq A~ prescriptive standards to be used by the council ccr~issicn ii1 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 or historic district designation pursuant to procedures set forth in this chapter. J. Review and comment on applications for land use decisions as such applications may be referred to the.commission by the planning commission, the board of zoning adjustment or the city council. Comments and recommendations shall be forwarded to the referring body. K. Cooperate with local, county, state and federal governments in the pursuit of the objecti'Ves of historic preservation. L. Provide information, upon the request of the property owner, on the restoration, alteration, decoration, landscaping or maintenance of any cultural resource or property within a historic district. M. Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to cultural resources and historic districts. N. Perform any other functions that may be designated by the City Council. - 7 - O. Meet at least once a month. Ail meetings shall be noticed and open to the public. P. QuOrum. Five members of the commission shall constitute a quorum for the transaction of business. Q. Prepare an annual report to the Mayor and city council on the activities, cases, decisions, ~ .......................... · or other work of the commission. R. Identify as early as possible conflicts between the preservation of cultural resources and alternative land uses and make recommendations to the appropriate legislative body. $. Establish a procedure for the review of and comment on historic preservation certification applications for federal tax incentives for both cultural resources and historic districts. 15.72.060 Cultural resource and historic district designation - Criteria. Any improvements, building, structure, sign, feature, site, place, or object may be designated as a cultural resource and any grouping of such may be designated as a historic district if it meets one or more of the following criteria: A. It exemplifies or reflects special elements of the city's or a community or neighborhood's historical, archaeological, cultural, social, economic, political, aesthetic, engineering, or architectural development; or B. It is identified with persons or events significant in local, state, or national history; or C. It embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship; or D. It is representative of the notable work of a builder, designer, architect, engineer, landscape architect, interior designer, artist or craftsman; or E. Its unique location or singular physical characteristic(s) represents an established and familiar visual feature of a neighborhood, community or the city; or - 8 - F. It is an archeological or paleontological site which has the potential of yielding information of scientific value. · 15.72.070 Cultural resource designation - Initiation. A. The city council or the property owner of the proposed cultural.resource may initiate a request for the designationof 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. 15.72.080 Historic district designation - Initiation. A. The city council or the owners of property within a proposed historic district in the city of. Bakersfield may initiate a request for the designation of that area as a historic district. ~'" B. All applications for designation of a historic district shall be accompanied by a petition, on forms provided by the city, setting forth the request for designation and the Preservation Plan, and signed by the owners of no fewer than seventy-five percent (75%)~.~=-~--~ ........ ~..~ ,'~n~--, of the parcels within the proposed district. City staff shall verify the signatures. C. All applications for designation of a historic district shall include: - 9 - ~. 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. 15.72.090 Hearing procedure for designation of cultural resources and historic districts. Prior to recommendation of the designation of any cultural resource or historic district, the commission shall hold a public hearing. Notice of such hearing shall be given not less than ten (10) days prior to the date of the hearing, and shall state the date, time, and place of the hearing, the location of the property to be designated, and the nature of the request, in the following manner: 1. By publishing once in a newspaper of general circulation in the city; 2. By mailing a notice to the applicant, to each owner of property proposed to be designated as a cultural resource or to be included within a historic district and to' the owners of all property within three hundred feet of the cultural resource or the exterior boundary of the district. 3. No action shall be taken by the commission to recommend designation of a proposed cultural resource or a historic district except following a noticed public hearing. - 10 - 15.72.100 Permit moratorium after notice to owner. A. Upon notification to the property owner that the commission has scheduled a hearing to determine if a property should be designated as a cultural resource or be inclUded within a historic district, no person or entity shall undertake any alteration, construction, grading, demolition or removal of such building, structure, site, feature, oDject or district, and no permit to undertake such work shall be approved by any city official, while proceedings are pending on such designations; provided, however, that if, after a maximum of sixty (60) days from the date of initial notice of said hearing, final action by the council on such designation has not been completed, any such permit application shall be approved provided such permit application complies with all other legal requirements for approval. The commission shall ensure that appropriate city officials are notified of the commission's intent to consider designation of a property and the moratorium. B. The provisions of this section shall not apply to the construction, grading, alteration, demolition or removal of any structure or other feature, where a permit for the performance of such work was issued prior to the date of notice of the public hearing to consider the designation of the said cultural resource or historic district, and where such permit has not expired or been cancelled or revoked. Nor shall it apply to structures damaged in any flood, fire, earthquake or other disaster or otherwise in such condition that the city's building director determines the structure or feature must be demolished in the interests of public safety. 15.72.110 Commission action. The commission shall review the staff reports, and consider the designation matter at a regular, adjourned or special meeting and shall either approve and recommend the designation as proposed or as altered, or shall recommend disapproval of it. A property shall be recommended for designation as a cultural resource or for inclusion in a historic district only upon the affirmative roll call vote of a majority of the authorized membership of the commission and approval by the city council. The commission shall make findings in support of any decision to recommend designation of property as a cultural resource or for inclusion in a historic district. Such findings shall state that the property meets the designation criteria specified in section 15.72.060 of this chapter. Recommendations for designation of historic districts may include those items in the proposed Preservation Plan. 15.72.120 Council action. The city council shall, within forty-five days of receipt of said recommendation, hold a noticed public hearing. Notice shall be published and mailed as required in seCtion 15.72.090. The council may approve or disapprove by resolution, in accordance with its normal procedure, any designation of property as a cultural resource or historic district. The action of the council shall be final. Upon such designation, the property shall be added to the Bakersfield Register of Historic Places. 15.72.130 Notice of designation. Within fifteen days after any action of the city council designating a cultural resource or a historic district, notice of such designation shall be recorded with the county recorder on each specific property. 15.72.140 Amendment or rescission of desiqnation. The city council may amend or rescind any. designation of a cultural resource or historic district in the same manner as is prescribed for the original designation. Such amendment or rescission shall be recorded with the county recorder on each specific property. 15.72.150 Nomination for state or national register of historic places. The city council may nominate a. site for inclusion on the State or National Register of Historic Places in the same manner as and following the procedure for'~the designation of cultural resources. 15.72. 160 Alteration, demolition or relocation of a designated cultural resource or property within a historic district - Hearing required - ApDeal. A. No person shall carry out or cause to be carried out, nor shall any permit be issued for, any alteration, demolition, or relocation of a designated cultural resource or of property within a historic district without first obtaining the approval of the commission or, on appeal thereto, of the city council. - 12 - Application for such approval shall be made to the commission on forms~ provided' by the city. B. Upon submittal of a complete application for commission approval of alteration, demolition or removal of a designated cultural resource or property within a historic district, the commission shall hold a public hearing and render a decision on the application within forty-five (45) days. Failure to hold such a hearing and render a decision within such 45-day period, shall be deemed approval of the application. Notice shall be sent not less than ten days prior to the hearing, giving the date, time and place of such hearing, the location of the property, and the nature of the request, by mailing the notice to the applicant, to the owners of all property within three hundred feet of the subject property if such property is a cultural resource, and to all owners of property within the historic district, if such property is within such a district. C. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this section that does not require a permit from the'city. D. Nothing in this section shall be construed to prevent the building director from issuing a building permit if he determines that demolition, removal or alteration of a designated cultural resource or of property within a historic district is immediately necessary in the interest of the public health, safety, or welfare. E. At the time of submittal of the application, the applicant shall provide whatever detailed information (plans, drawings, agreements, etc.) is required or necessary to describe the intended work and any additional information necessary for the commission to act on the matter, as determined by staff. Applications without such information shall be deemed incomplete for purposes of subsection B. ~ F. The commission shall have the authority to approve, deny, or approve subject to conditions, any application for the alteration, removal or demolition of a designated cultural resource or property within a historic district. If the commission determines that a permit should not be issued, the commission shall issue its findings in writing, documenting the specific reasons for denial. The decision of the commission and the findings supporting that decision shall be mailed to the applicant within five (5) days of the decision. A new application for the same work affecting the same property may be submitted after the disapproval only if a change in circumstances of the owner or the property has occurred. - 13 - G. The ~ecision 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. Such appeal shall specify the reasons for the appeal from the decision of the commission. Upon the filing of the appeal, the clerk shall set the matter for public hearing within thirty (30) days or as soon thereafter as is practicable and shall give written notice to the appellant of the time and date set for the hearing. Upon the hearing of such appeal, the city council may by resolution affirm or modify or reverse the determination of the commission. 15.72.170 Alteration of a 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 - 14 - 2. The site is required for a public use which will be of more benefit to the public than its use as a cultural resource or property within the historic district and there is no practical alternative location for the public use; or 3. Denial of the proposed application will result in unreasonable economic hardship to the owner, as set forth in section 15.72.190; it is not feasible to preserve or restore the designated cultural resource or property within the historic district; and the property owner will be denied the reasonable beneficial use of the property if the application is denied; or 4. With respect to'an application for the relocation of a designated cultural resource or property within the historic district, if the commission finds that one or more of the above conditions exist and that the relocation will not destroy the historic, cultural or architectural values of the designated cultural resource or property within the historic district, and the relocation is part of a definitive series of~actions which will assure the preservation of the designated cultural resource or property within the historic district, such application shall approved. B. A permit for demolition of a designated cultural resource or property within the historic district shall not be approved unless the building or structure cannot reasonably be moved or relocated. C. Applicants proposing the demolition or relocation of a designated cultural resource or property within the historic district shall have the burden of proving that the demolition or relocation is necessary, and that an economic hardship exists, if any is claimed, and shall present substantial evidence as to the need for such action. 15.72.190 Proof of unreasonable economic hardship. In cases in which an applicant makes a claim of unreasonable economic hardship, the applicant shall provide the following information which shall include but is not limited to, ownership or operation of the Property, mortgage or financing information, market value, structural integrity, rehabilitation costs, assessed value, real estate taxes, debt service, and potential adaptive re-use, and: - 15 - A. For income-producing property: 1o Annual gross income from the property for the previous ~wo years. 2. Itemized operating and maintenance expenses for the previous two years. 3. Annual cash flow, if any, for the previous two years. B. For low-income owners: a statement of present household income and the number of persons in the household. Low-income households shall be defined as meeting the income level established by the U.S. Department of Housing and Urban Development. C. The staff of the 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. - 16 - 15.71.200 ~: ~ ~n Enforcement Methods of Enforcement. In addition to the regulations of this chapter, other chapters of the code and other provisions of law which govern the approval or disapproval of applications for permits or licenses covered by this chapter, the building official shall have the authority to implement the enforcement thereof by any of the following means: A. Serving notice requiring the removal of any violations of this chapter upon the owner, agent, occupant or tenant of the improvement, building, structure or land; B. Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this -. chapter, and the city attorney is authorized to institute any actions to that end; 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 City Charter provisions and shall become effective thirty (30) days from and after the date of its ~'assage. -- -O00 - 17 - I ~R~RRy CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: ARTBu~, J. SAALFIELD CITY ATTORNEY of the City of Bakersfield LCM/RMS/meg HI STORI C. ORD 4/19/90 - 18 -