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Ordinance Amending Chapter 15.72 – Historical Preservation Page 1 of 10 ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD, CALIFORNIA, AMENDING CHAPTER 15.72
OF THE BAKERSFIELD MUNICIPAL CODE, BY AMENDING
SECTIONS 15.72.020, 15.72.040, 15.72.110, 15.72.120 AND ADDING SECTIONS 15.72.220, 15.72.230 AND 15.72.240
TO ESTABLISH THE BAKERSFIELD HISTORIC PROPERTY
PRESERVATION AGREEMENT PROGRAM (MILLS ACT) AS
AN INCENTIVE TO PRESERVE QUALIFIED HISTORICAL
PROPERTIES IN THE CITY.
WHEREAS, the City of Bakersfield is dedicated to preserving historic resources within the City and has a robust historic preservation ordinance in place in Chapter 15.72 of the Bakersfield Municipal Code; and
WHEREAS, the City Council has determined that it would be in the public interest to provide fiscally prudent economic incentives for property owners to preserve and restore Qualified Historical Properties in the City; and
WHEREAS, California Government Code Sections 50280, et seq., more commonly known as the Mills Act, is California’s principal economic incentive program for the preservation and restoration of qualified historical buildings; and
WHEREAS, through the Mills Act, cities and counties may enter into agreements with owners of qualified historic properties to abide by reasonable preservation requirements in exchange for property tax relief; and
WHEREAS, this Ordinance is intended to put in place the authority for the City and the owners of qualified historical properties to enter into Historic Property Preservation Agreements, commonly known as Mills Act Agreements.
NOW, THEREFOR E, BE IT ORDAINED by the City Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 15.72, Section 15.72.020 of the Bakersfield Municipa l Code is hereby amended as follows:
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:
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Ordinance Amending Chapter 15.72 – Historical Preservation Page 2 of 10 A. “Alteration” means any change or modification, through public or private action, of any designated cultural resource or property within a designated historic district which requires a permit from the city.
B. “Area of historic interest” means geographic areas, places, structures, buildings, improvements, sites or objects within the city which have distinctive character or special historic, aesthetic, architectural, cultural interest or value.
Area of historic i nterest can also mean a single location such as a place, structure, building, improvement, site or object within the city, which has distinctive character or special historic, aesthetic, architectural, cultural interest or value.
C. “Designated area of historic interest” is an area of historic interest as defined above that has been designated by the commission.
D. “Bakersfield register of historic places” means the official city list of designated cultural resources, historic districts, and areas of historic interest.
E. “Commission” means the Bakersfield historic preservation commission.
F. “Cultural resource” means on site improvements, buildings, structures, signs, features (including significant trees or other landscaping), places, place names, interior architecture features, landmark sites, historic sites, areas (including significant tre es or other landscaping located thereon) or other objects of scientific, archaeological, aesthetic, educational, cultural, architectural or historical significance to the citizens of the city.
G. “Designated cultural resource” means a cultural resource that has been approved by the commission and designated by the city council.
H. “Exterior architectural feature” means an architectural element embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, building or structure, including but not limited to the kind, color and texture of t he building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement, building or structure.
I. “Historic district” means any geographically definable urban or rural, small or large area containing buildings, structures, sites and objects linked historically through location, design, setting, materials, workmanship, and/or
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Ordinance Amending Chapter 15.72 – Historical Preservation Page 3 of 10 association. The significance of a district is the product of the sense of time and place in history that individual components collectively convey. This significance may relate to developments during one period or through several periods in history.
J. “Designated historic district” means a historic district, as defined in subsection I of this section, that has been approved by the commission and designated by the city council.
K. “Historic site” means any parcel or portion of real property which has special character or special historical, cultural, archaeological, architectural, community or aesthetic value.
L. “Landmark site” means any site or improvement, 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.
M. “National Register of Historic Places” means a national list of districts, sites, buildings, structures and objects of local, state or national importance that are significant for their historical, architectural, archaeological or cultural values.
Properties less than fifty years old ordinarily are not eligible for the Register unless they are of exceptional importance. The Register is administered by the Keeper of the National Register, U.S. Department of the Interior, and is the nation’s official list of cultural resources worthy of preservation.
N. “Object” means a material thing or functional, aesthetic, cultural, symbolic, or scientific value, usually by design or nature movable.
O. “Preservation” means the act or process of applying measures to sustain the existing form, integrity, and material of a building or structure, and the existing form and/or vegetative cover of a site. It may include initial stabilization work, where necessary, as well as ongoing maintenance.
P. “Preservation plan” means a list of the proposed restrictions, height and area regulations, minimum dwelling size, floor area, sign regulations, parking regulations, and any other proposed modification to existing development standards appropriate to the proposed historic district.
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Ordinance Amending Chapter 15.72 – Historical Preservation Page 4 of 10 Q. “Property owner” or “owner of property” or “owners of property” means the person or persons shown as the record owner(s), as determined by a title search, of the property proposed to be designated as a cultural resource. As to property to be included in a historic district and as to owners of property to be notified of any hearing as to property other than their own, “property owners” means owners as shown on the latest equalized assessment roll of the county of Kern.
R. “Protection” means the act or process of applying measures designated to affect the physical condition of a property by protecting or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury. In the case of b uildings and structures, such treatment is generally of a temporary nature and anticipates future historic preservation treatment; in the case of archaeological and paleontological sites, the protective measure may be temporary or permanent.
S. "Qualified Historical Property" shall have the meaning set forth in Government Code Section 50280.1, as may be amended from time to time, except that statutory references to city and county “ official registers of historical or architecturally significant sites, places, or landmarks” shall refer only to such officially adopted registers for the City of Bakersfield.
S T. “Restoration” means the act or process of accurately returning the form and details of a property and its setting as it appeared at a particular period of time, or the removal of later work or the replacement of missing earlier work.
T U. “Stabilization” means the act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present.
U V. “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.
SECTION 2.
Chapter 15.72, Section 15.72.040 of the Bakersfield Municipal Code is hereby amended as follows:
The commission shall have the following powers and duties:
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Ordinance Amending Chapter 15.72 – Historical Preservation Page 5 of 10 A. Establish criteria and conduct or cause to be conducted a comprehensive survey of properties within the boundaries of the city, and publicize and periodically update survey results.
B. Adopt specific guidelines for the designation of cultural resources, including landmarks, landmark sites, and historic districts.
C. Maintain a local register of designated cultural resources, designated historic districts and designated areas of historic interest.
D. Review and correspond with the city council and city departments as to matters as they relate to the cultural resources of the community.
E. Assist in recommending prescriptive standards to be used by the council in reviewing applications for permits to alter, remove, preserve, protect, reconstruct, rehabilitate, restore or stabilize any designated cultural resource or historic district.
F. Recommend to the city council the purchase of fee or less -than-fee interests in property for purposes of cultural resource preservation and designation.
G. Investigate and report to the city council on the use of various federal, state, local, or private funding sources and mechanisms available to promote cultural resource preservation in the city.
H. Preserve, restore, maintain, and operate designated cultural resources and historic properties owned or controlled by the city.
I. Recommend for approval or disapproval, in whole or in part, applications for cultural resource, historic district, or area of historic interest designation pursuant to procedures set forth in this chapter.
J. Review and comment on applications for land use decisions as such applications may be referred to the commission by the planning commission or the city council. Comments and recommendations shall be forwarded to the referring body.
K. Cooperate with local, county, state and federal governments in the pursuit of the objectives of historic preservation.
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Ordinance Amending Chapter 15.72 – Historical Preservation Page 6 of 10
L. Provide information, upon the request of the property owner, on the restoration, alteration, decoration, landscaping or maintenance of any cultural resource or property within a historic district or area of historic interest.
M. Participate in, promote, and conduct public information, educational, and interpretive programs pertaining to cultural resources, historic districts and areas of historic interest.
N. Perform any other functions that may be designated by the city council.
O. Meet at irregular intervals as determined by the city manager or his or her designee. All meetings shall be noticed and open to the public.
P. Quorum. Three members of the commission shall constitute a quorum for the transaction of business.
Q. Identify as early as possible conflicts between the preservation of cultural resources and alternative land uses and make recommendations to the appropriate legislative body.
R. Establish a procedure for the review of and comment on historic preservation certification applications for federal tax incentives for both designated cultural resources and designated historic districts.
S. Recommend for approval or disapproval, in whole or in part, applications for Historic Property Preservation Agreements , pursuant to the procedures and criteria set forth in this chapter or by resolution of the city c ouncil.
SECTION 3.
Chapter 15.72, Section 15.72.110 of the Bakersfield Municipal Code is retitled and amended as follows:
15.72.110 Commission action for a cultural resource , historic district, area of historic interest designation, and historic property preservation application.
A. Cultural Resource and Historic District. The commission shall review the staff reports, and consider the designation matter at a regular, adjourned or special meeting and shall either approve and recommend the designation as proposed or as altered, or shall recommend disapproval of it. A property shall
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Ordinance Amending Chapter 15.72 – Historical Preservation Page 7 of 10 be recommended for designation as a cultural resource or for inclusion in a historic district only upon the affirmative roll call vote of a majority of the authorized membership of the commission and approval by the city council.
The commission shall make findings in support of any decision to recommend designation of property as a cultural resource or for inclusion in a historic district. Such findings shall state that the property meets the designation criteria specified in Section 15.72.050 of this chapter. Recommendations for designation of historic districts may include those items in the proposed preservation plan.
B. Area of Historic Interest. An area shall be recommended for designation as an area of historic interest only upon the affirmative roll call vote of a majority of the authorized membership of the commission. No approval by the city council is required. The commission shall make findi ngs in support of any decision to recommend designation of an area of historic interest. Such findings shall state that the area meets the designation criteria specified in Section 15.72.050 of this chapter.
C. Area of Historic Interest—Appeal. The appeal to city council shall be made in writing and delivered to the office of the city clerk not later than ten calendar days from the date of the commission’s decision. Upon the filing of the appeal, the clerk shall set the matter for public hearing within sixty days or as soon thereafter as is practicable and shall give written notice to the appellant of the time and date set for the hearing. Upon the hearing of such appeal, the city council may by resolution affi rm or modify or reverse the determination of the commission.
D. Historic Property Preservation Applications . The Commission shall consider applications from the owners of a Qualified Historical P roperty for approval of a Historic Property Preservation Agreement pursuant to the requirements of this chapter and Government Code Sections 50280, et seq. (“Mills Act”). The Commission shall review the staff reports and all written and oral evidence presented to the Commission at a n open and public meeting , which may be continued from time to time. Following its consideration, the Commission shall recommend the application to the city council as proposed or as altered or shall recommend disapproval of it. A Qualified Historical P roperty shall be recommended for approval of a Historic Property Preservation Agreement , with any necessary finding s. The Commission’s adopted written f indings shall state whether the Qualified Historical P roperty application complie s with applicable law and meets the current Bakersfield Historic Property Preservation Program criteria approved by resolution of the city c ouncil.
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Ordinance Amending Chapter 15.72 – Historical Preservation Page 8 of 10
SECTION 4.
Chapter 15.72, Section 15.72.120 of the Bakersfield Municipal Code is hereby amended follows:
A. The council shall approve or disapprove by resolution, in accordance with its normal procedure, any designation of property as a cultural resource or historic district. The action of the council shall be final. Upon such designation, the property shall be added to the Bakersfield Register of Historic Places.
1. Historic District. The council shall, not less than sixty days after the commission’s recommendation, hold a noticed public hearing for the proposed designation of property as a historic district. Notice shall be published and mailed as required in Section 15.72.090.
2. Cultural Resource. The council shall, after the commission’s recommendation, approve or disapprove, in accordance with subsection A of this section, the designation of property as a cultural resource. None of the notice provisions of subsection 1 of this section shall apply to council action with respect to approval or disapproval of property as a cultural resource.
3. Historic Property Preservation Agreements . The council shall, not more than sixty days after receipt of the Commission’s application recommendation , approve or disapprove the request for a Historic Property Preservation Agreement . The action of the council shall be final.
SECTION 5.
Chapter 15.72, Section 15.72.220 is hereby added to the Bakersfield Municipal Code as follows:
15.72.220 Preservation Incentives
The city council may by resolution establish preservation incentives to encourage owners to designate, maintain, preserve, rehabilitate, and improve cultural resources. Only the owner(s) of a Qualified Historic Property, as defined in Chapter 15.72.020, sh all be eligible to apply for a Historic Property Preservation Agreement.
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Ordinance Amending Chapter 15.72 – Historical Preservation Page 9 of 10 SECTION 6.
Chapter 15.72, Section 15.72.230 is hereby added to the Bakersfield Municipal Code as follows:
15.72.230 Historic Property Preservation Agreement Program
Pursuant to the Mills Act, as may be amended from time to time , the city council hereby establishes the Bakersfiel d Historic Property Preservation Agreement Program. This authority allows the consideration approval of Mills Act Agreements , pursuant to the authority, process, and criteria established by separate resolution of the city council and this chapter.
Approved Historic Property Preservation Agreements shall comply with the Mills Act . The City Manager or their designee shall administer the Bakersfield Historic Property Preservation Agreement Program and is authorized to develop administrative procedures for the implementation of such program that are consistent with this Chapter and city council resolutions .
SECTION 7.
Chapter 15.72, Section 15.72.240 is hereby added to the Bakersfield Municipal Code as follows:
15.72.240 Fees.
The city council shall by resolution set fees for application s for a Cultural Resource Designation, Historic District Designation , Area of Historic Interest Designation, and Historic Property Preservation Agreement from the City.
All fees shall be paid in accordance with the Master Fee Schedule adopted by the City. Such fees shall be in amounts necessary and appropriate to reimburse the City for all costs related to the processing of and acting upon each such application and program inspections and monitoring , but shall not exceed the City’s costs of providing such services .
SECTION 8.
The adoption of this Ordinance is categorically exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15331, as the provisions of this Ordinance will promote the stabilization, rehabilitation, restor ation, preservation, conservation or reconstruction of historic resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
SECTION 9.
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Ordinance Amending Chapter 15.72 – Historical Preservation Page 10 of 10 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 on _____________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN BASHIRTASH, KAUR NOES: COUNCILMEMBER: ___________________________________________________________________ ABSTAIN: COUNCILMEMBER: ___________________________________________________________________ ABSENT: COUNCILMEMBER: ___________________________________________________________________
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JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: _____________________
By _________________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
By _________________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney II