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HomeMy WebLinkAboutORD NO 4031ORDINANCE NO. ~ 0 3 1_' AN ORDINANCE AMENDING SECTION 15.72.160 OF CHAPTER 15.72 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HISTORICAL PRESERVATION. WHEREAS, Section 15.72.160 of the Bakersfield Municipal Code requires owners of property designated as cultural resources or part of a historic district to file an application with the Historic Preservation Commission ("the Commission") prior to undertaking any alteration to the property, however minor, which requires a permit from the City of Bakersfield's Building Department; and WHEREAS, upon receipt of that application, the Commission is required to hold a public hearing regarding the alteration and either approve or deny the application; and WHEREAS, various owners of property which is historically significant and which would potentially be eligible for designation as a cultural resource or part of a historic district do not want their property so designated because of that requirement; and WHEREAS, the Commission's Ordinance Review Committee met with staff of the Building Department to determine what types of alterations could be made that would not affect the structural integrity of building, nor impact the building's historical significance; and WHEREAS, the Ordinance Review Committee and Building Department staff compiled a list of alterations for which permits are required, but will have no effect on the historic or structural integrity of the building; and WHEREAS, the Commission desires the City Council to amend the ordinance to permit such alterations to be made without application to the Commission, provided that all work is done pursuant to valid permits. THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Subsection 15.72.160A of the Bakersfield Municipal Code is amended to read as follows: Page 1 of 3 A. Except as provided for in subsection B, no person shall carry out or cause to be carried out, nor shall any permit be issued for, any alteration, demolition, or relocation of a designated cultural resource or of property within a historic district without first obtaining the approval of the commission or on appeal thereto, of the city council. Application for such approval shall be made to the commission on forms provided by the city. SECTION 2. Subsection 15.72.160B is amended to read as follows: B. Nothing in this section shall be construed to require approval of the commission for alterations, even if a permit is required, which are listed below and which will not adversely affect the architectural features of the structure, where those features are specified in the designation and which will not affect the special character or special historical, architectural or aesthetic interest or the relationship and congruity between the subject structure or feature and its neighboring structures and surroundings, where specified in the designation. Plumbing Reroof/Patio Pipe Line Reroof Gas Line Patio Sewer Line Pool Water Line Pool & Spa Water Heater Pool Septic Tank Spa Perm Septic Abandon Spa Port Interceptor Electrical Water Softener Temp Power Shower/Tub Perm Power Solar Service Site Sewer Outlet/Switch Site Storm Motors Mechanical Site Electrical Air Conditioner Evap Cooler Wall Heater Fireplace Insert Kitchen Hood SECTION 3. Subsections 15.72.160B through G are renumbered as subsections C through H, respectively. Page 2 of 3 SECTION 4. 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. 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 onSEP 1 9 ~001 by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO COUNCILMEMBER COUNCILMEMBER ,~, ~ ~. COUNCILMEMBER _~ roF.~ ~ CITY CLERK and EX OFFICIO of t~e Council of the City of Bakersfield APPROVED: SEP 1~9 2001 By: ~ CITY OF BAKERSFIELD APPROVED AS TO FORM: BART J. THILTGEN City Attorney ,4, 'JANICE SC~.NLAN f Deputy City Attorney JS S:\HPC\historicpreserv ord rev 6 19 01.wpd Page 3 of 3 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 20th day of September , 2001 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4031 , passed by the Bakersfield City Council at a meeting held on the 19th day of September 2001 and entitled: AN ORDINANCE AMENDING SECTION 15.72.160 OF CHAPTER 15.72 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO HISTORICAL PRESERVATION. /si PAMELA A. McCARTHY City C~C_lp~rk of the City of Bakersfield DBYEPuT'~ity Clerk "~'"'""J S:\Document\FORMS~AOP.ORD.wpd September 20, 2001