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
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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.
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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 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
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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 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
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November 20, 1998