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HomeMy WebLinkAboutORD NO 3872ORDINANCE NO. 3 S 7 ,~ AN ORDINANCE AMENDING CHAPTER 15.72 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HISTORICAL PRESERVATION. WHEREAS, certain confusion has arisen regarding the apparent inconsistency in public notice requirements between hearings regarding designations of cultural resources and hearings regarding alterations to designated cultural resources; and WHEREAS, the Council of the City of Bakersfield desires to eliminate this confusion, NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Paragraph 4 is added to Section 15.72.090 of the Bakersfield Municipal Code to read as follows: 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. SECTION 2. Paragraph B of Section 15.72.160 of the Bakersfield Municipal Code is amended to read as follows: 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 days. Failure to hold such a hearing and render a decision within such forty-five-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. Additionally, such notice shall be published once in a -- Page 1 of 3 Pages -- newspaper of general circulation in the city at least ten days prior to the hearing SECTION 3. 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. -- Page 2 of 3 Pages -- 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 onNOV 1[ 8 1998 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEMOND, SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER N COUNCILMEMBER ~ CITY CLERK and EX C~F/FICIO of the Council of the City of Bakersfield APPROVED: NOV 1 8 199~, BOB PRICE, MAYOR '/ CITY OF BAKERSFIELD APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY JANICE SCANLAN Deputy City Attorney JS:js S:~COUNClL\Ords~histpreshearingamd.wpd -- Page 3 of 3 Pages -- 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 23~ day of November ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. Bakersfield City Council at a meeting held on the 18th day of entitled: 3872 , passed by the November 1998 , and ORDINANCE AMENDING CHAPTER 15.72 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HISTORICAL PRESERVATION. /s/PAMELA A. McCARTHY City Clerk of the City of Bakersfield By: ~,4,~ DEPUTY City Clerk S:\DOCUMENT~AOPOSTING November 20, 1998