Resolution Establishing Application for Historic Property Preservation Page 1 of 3 RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAKERSFIELD ESTABLISHING THE APPLICATION PROCESS,
REVIEW PROCEDURES, FEE AUTHORITY, AND REQUIRED
PROVISIONS FOR THE IMPLEMENTATION OF THE BAKERSFIELD
HISTORIC PROPERTY PRESERVATION AGREEMENT PROGRAM
(MILLS ACT ) PURSUANT TO BAKERSFIELD MUNICIPAL CODE
CHAPTER 15.72.
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 contract with owners of qualified historic properties to abide by reasonable preservation requirements in exchange for property tax relief; and
WHEREAS, the City of Bakersfield is dedicated to preserving historic resources within the City; and
WHEREAS, pursuant to Bakersfield Municipal Code Chapter 15.72, the City has established procedures to designate historic resources within the City, and to identify those “qualified historical properties” that may be eligible for the approval of a Mills Act Agreement, at the request of the owners; and
WHEREAS, Bakersfield Municipal Code Section 15.72.220 allows for the adoption of preservation incentives for cultural resources designated by the City Council or listed on any official federal, state, or county register for the purpose of preservation, rehabilitati on, and maintenance of those designated historic resources; and
WHEREAS, Historic Property Preservation Agreements will safeguard the City's heritage as embodied and reflected in such resources, foster civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources, promote the enjoyment and use of cultural resources, preserve diverse and harmon ious architectural styles and design preferences of periods of the City's history, and protect and enhance the City's attraction to tourists and visitors; and
WHEREAS, Bakersfield Municipal Code Section 15.72.230 states that the application process, review procedures, and required contract provisions for preservation agreements shall be established by separate resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield:
1. The program specified in this Resolution is for the purpose of implementing the Historic Property Preservation Agreement Program
Resolution Establishing Application for Historic Property Preservation Page 2 of 3 (Mills Act ) and Section 15.72.230 of the Bakersfield Municipal Code, for purposes of preserving, rehabilitating, and maintaining designated historic resources in the City , shall be known as the Bakersfield Historic Property Preservation Agreement Program.
2. Pursuant to Bakersfield Municipal Code Section 15.72.230, the City Council hereby delegates to the City Manager, or their designee, authority and responsibility to develop and maintain an application process for property seeking qualification and participation in the Bakersfield Historic Property Preservation Agreement Program. The City Manager or their designee shall recommend to the City Council the adoption of a fee or fees for the services the City will provide to the owner of any qualified historical property under this Resolution, to be paid prior to the City’s execution of any Bakersfield Historic Property Preservation Agreement, in amounts that do not exceed the City’s cost of providing the service(s), pursuant to Government Code Section 50281.1.
3. Pursuant to Bakersfield Municipal Code Section 15.72.040, the City Council hereby delegates to the Historic Preservation Commission the authority and responsibility to review and make a recommendation to the City Council on any application submitted pursuant to the Bakersfield Historic Property Preservation Agreement Program. The City Council is the final authority on the authorization and approval of Historic Property Preservation Agreements.
4. The form of the Bakersfield Historic Property Preservation Agreement to be used is attached as " Exhibit A ." Pursuant to Bakersfield Municipal Code Section 15.72.230, the City Council hereby delegates to the City Manager, or their designee, the authority and responsibility to amend and modify the form of the Bakersfield Historic Property Preservation Agreement as deemed necessary and appropriate for individual situations , in consultation with the City Attorney.
5. The Bakersfield Historic Property Preservation Agreement is consistent with, and shall require compliance with Government Code Section s 50280 et seq . and Bakersfield Municipal Code Chapter 15.72. The maintenance, repair, rehabilitation, and/or restoration standards and compliance schedule applicable to the subject property , along with inspection and reporting requirements, shall be set forth in the Bakersfield Historic Property Preservation Agreement. In consideration for abiding with the terms of the Bakersfield Historic Property Preservation Agreement, the owner of the subject property shall be entitled to apply for a reassessment of the qualified historic al property, pursuant to applicable provisions of the Revenue and Taxation Code.
It shall be the sole responsibility of the owner of a qualified historical property that is the subject of an approved Bakersfield Historic Property Preservation Agreement to apply for reassessment of the qualified historical property.
Resolution Establishing Application for Historic Property Preservation Page 3 of 3
6. Applications for the Bakersfield Historic Property Preservation Agreement Program will be accepted annually during an application period determined and publicized by the City Manager or their designee .
Applications shall only be accepted on a form provided by the City. All Qualified Historical Properties with timely applications will be reviewed and presented to the City Council for their consideration during a regular City Council meeting in November of each year.
7. It is the intent of the Council that unrealized revenue to the City from property taxes not collected due to executed Bakersfield Historic Property Preservation Agreements shall not exceed a total of $75,000 in a fiscal year, unless approved otherwise by the City Council.
8. The adoption of this Resolution is categorically exempt from review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15331, as the program adopted will promote the stabilization, rehabilitation, restoration, prese rvation, conservation or reconstruction of historic resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
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I HEREBY CERTIFY that the foregoing Resolution 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 ________________________________ ___________________________
_______________________________________
JULIE DRIMAKIS, 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
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City of Bakersfield – Historic Preservation Contract (“Mills Act”) C - 1
Request By
City of Bakersfield
City Clerk
WHEN RECORDED MAIL TO
City of Bakersfield
attn: City Clerk
1600 Truxtun Avenue
Bakersfield, California 93301
Space Above This Line Reserved For Recorder’s Use / Exempt From Filing Fee Pursuant To Gov’t Code § 27383
CITY OF BAKERSFIELD
MILLS ACT CONTRACT
[INSERT PROPERTY ADDRESS AND APN]
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City of Bakersfield – Historic Preservation Contract (“Mills Act”) C - 2
CITY OF BAKERSFIELD
HISTORIC PROPERTY PRESERVATION CONTRACT (“MILLS ACT”)
THIS AGREEMENT is made and entered into this [INSERT EFFECTIVE DATE] by and between the CITY OF BAKERSFIELD, a municipal corporation ( hereinafter referred to as “City”), and [INSERT NAME(S) OF PROPERTY OWNER(S) AS IT APPEARS ON TITLE] (hereinafter referred to as “Owner(s)”).
RECITALS
WHEREAS, Government Code Sections 50280, et seq. authorize cities and counties to ente r into contracts with the owner of a “ qualified historical property ,” as defined in Government Code Section 50280.1, to provide for the use, maintenance and restoration of such historical property so as to retain its characteristics as property of historical significance; and
WHEREAS, Owners possesses fee title in and to that certain real property, together with associated structures and improvements thereo n, located at [INSERT STREET ADDRESS], Bakersfield, California, (hereinafter referred to as the ”Historic Property”). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference; and
WHEREAS, On [INSERT ACTION DATE ], the City Council of the City adopted its Resolution [INSERT NUMBER] (attached hereto as Exhibit B and is incorporated herein by this reference) declaring and designating the Historic Property as [ INSERT DESIGNATION] pursuant to the terms and provisions of Chapter 15.72 of the Bakersfield Municipal Code or on _________ the property was listed on the National Register of Historic Places or listed on the California Register of Historical Resources , and approving this Agreement , all at the request of Owners pursuant to Government Code Section 50280; and
WHEREAS, City and Owner s, for their mutual benefit, now de sire to enter into this Agreement both to protect and preserve the characteristics of historical significance of the Historic Property, and to qualify the Historic Property for an assessment of valuation pursuant to Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.
NOW, THEREFORE, City and Owners, in consideration of the mutual covenants and conditions contained herein, do hereby agree as follows:
1. EFFECTIVE DATE AND TERM . This Agreement shall be effective and commence on [INSERT DATE] and shall remain in effect for a term of ten (10) years thereafter unless renewed or terminated earlier as provided herein.
2. AUTOMATIC RENEWAL. Each year, upon the anniversary of the effective date of this Agreement (hereinafter referred to as annual renewal date), one (1) year shall be added automatically to the term of this Agreement, unless timely notice of non -renewal is given as provided in paragraph 3 of this Agreement, or the City cancels the Agreement as provided in Section 10.
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City of Bakersfield – Historic Preservation Contract (“Mills Act”) C - 3
3. NOTICE OF NONRENEWAL. If City or Owners desire in any year not to renew this Agreement, the non-renewing party shall serve written notice of non-renewal in advance of the annual renewal date of this Agreement as follows: Owners must serve written notice of non-renewal at least ninety (90) days prior to the annual renewal date; City must serve written notice of the non -renewal at least sixty (60) days prior to the annual renewal date. Upon receipt by Owners of a notice of non -renewal from the City, Owners may make a written protest pursuant to Government Code Section 50282(b) . At any time prior to the annual renewal date, City may withdraw its notice of non-renewal.
4. EFFECT OF NOTICE OF NONRENEWAL. If either City or Owners serve timely notice to the other of non -renewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
5. VALUATION OF PROPERTY. During the term of this Agreement, Owners are entitled to seek assessment of valuation of the Historic Property pursuant to the provisions of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code. Other than the approval and execution of this Agreement, City has no role in , or responsibility for, such assessment.
6. PRESERVATION OF PROPERTY . Owners shall preserve and maintain the characteristics of historical significance of the Historic Property. Attached hereto as Exhibit C, and incorporated herein by this reference, is a list of those minimum standards and conditions for maintenance, use and preservation of the Historic Property, which shall apply to such property throughout the term of this Agreement. In addition, Owners shall comply with the applicable terms of the City’s Historic Preservation Ordinance ( Bakersfield Municipal Code Chapter 15.72), requiring Owners to maintain the Historic Property in a good state of repair, and shall obtain any applicable permits to restore the Historic Property to maintain its historic and cultural significance.
7. RESTORATION OF PROPERTY. Owners shall, where necessary, restore and rehabilitate the Historic Property to conform to the then-current standards, rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, the United State s Secretary of the Interio r’s Standards for the Treatment of Historic Properties (Preservation), attached hereto as Exhibit D and incorporated herein by this reference, the State Historical Building Code, and the City of Bakersfield Municipal Code.
8. INSPECTIONS. Owners shall allow, and hereby consent to, inspections of the interior and exterior of the Historic Property by the City prior to a new agreement and every five (5) years thereafter, upon reasonable notice from the City to the Owners, to determine Owners’ compliance with the terms and provisions of this Agreement.
9. PROVISION OF INFORMATION. Owners shall furnish the City with any and all information requested by City which City deems necessary or advisable to determine compliance with the terms and provisions of this Agreement.
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City of Bakersfield – Historic Preservation Contract (“Mills Act”) C - 4
10. CANCELLATION. City, following a duly noticed public hearing as set forth in Government Code Section s 50280, et seq., may cancel this Agreement if City determines Owners have breached any of the conditions or covenants of the Agreement or have allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historical property under either State law or the Municipal Code. City may also cancel this Agreement if it determines Owner s have failed to restore or rehab ilitate the Historic Property in the manner specified in paragraph 7 of this Agreement. City’s right to cancel this Agreement pursuant to this paragraph shall in no way limit or restrict its rights or legal remedies arising from City’s Historic Preservation Ordinance and other applicable provisions of the Municipal Code.
11. CANCELLATION FEE. In the event of cancellation of this Agreement, Owners shall be subject to payment of the cancellation fees set forth in California Government Code Sections 50280, et seq, at the time of cancellation. Currently upon cancellation, Owners shall pay a cancellation fee equal to twelve and one-half percent (12½%) of the current fair market value of the property as determined by the County Assessor as though the Historic Property were free of the contractual restriction pursuant to this Agreement. The Owners shall pay the cancellation fee to the County A uditor in the time and manner prescribed by the County Auditor. The cancellation fee specified in this Agreement is current as of the date of execution, but may be changed by the Legislature during the Term.
12. ENFORCEMENT OF AGREEMENT . In lieu of and/or in addition to any provisions to cancel this Agreement as referenced herein, City may bring an action to specifically enforce, or enjoin the breach of, the terms of this Agreement.
13. WAIVER. City does not waive any claim or default by Owners if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for i n this Agreement or in City’s Municipal Code governing historic properties are available to City to pursue in the event there is a breach of this Agreement. No wavier by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.
14. BINDING EFFECT OF AGREEMENT . Owners are hereby subject to the Historic Property covenants, reservations and restrictions set forth in this Agreement. City and Owners hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owners’ successors and assigns in title or interest to the Historic Property.
Each and every contract, deed or other instrument hereinafter executed, governing or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations an d restrictions expressed in this Agreement regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument.
City and Owners hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that it restricts development of the Historic Property. City and Owners hereby further declare their
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City of Bakersfield – Historic Preservation Contract (“Mills Act”) C - 5
understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historic characteristics and significance of the Historic Property for the benefit of the pu blic and Owners. Owners shall have the affirmative duty to disclose the existence and continuing effect of this Agreement to any prospective successor in interest.
15. NOTICE. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below, by personal delivery or United States mail, postage prepaid, addressed as follows:
City: City of Bakersfield
Economic & Community Development
1600 Truxtun Avenue
Bakersfield, California 93301
Owners: INSERT OWNER(S)
NAMES LIKE ABOVE
______________________
______________________
16. EFFECT OF AGREEMENT. None of the terms, provisions or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
17. INDEMNITY AND DEFENSE OF CITY . To the full extent permitted by law, Owners shall, defend, indemnify, and hold City and its elected officials, officers, agents, and employees harmless from liability for claims, loss, proceedings, damages, causes of action, liability, costs or expense, including reasonable attorney’s fees in connection with damage for personal injuries, including death, and claims for property damage which may arise from the approval of this Agreement, or any other City action related to this Agreement, or from the direct or indirect use or operations of the Historic Property by the Owners or their contractor, subcontractor, agent, employee, invitee, or other person acting on their behalf which relate to the use, operation and maintenance of the Historic Property. Owners shall further indemnify and defend the City and its elected officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, any of Owners’ or their invit ees’ activities in any way connected with the Historic Property. This indemnification, defense and hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, by reason of the activities referred to in this Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Historic Property , and regardless of any claimed negligence on the part of the City.
18. BINDING UPON SUCCESSORS . All of the agreements, rights, covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.
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City of Bakersfield – Historic Preservation Contract (“Mills Act”) C - 6
19. LEGAL COSTS. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
20. SEVERABILITY. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
21. GOVERNING LAW . This Agreement shall be construed and governed in accordance with the laws of the State of California. Venue for the resolution of any dispute hereunder shall be appropriate in the Kern County Superior Court with jurisdiction over matters arising in the City of Bakersfield.
22. EMINENT DOMAIN PROCEDURES . Upon the filing of an action in eminent domain by a public agency for the condemnation of the fee title of any land described herein or of less than fee interest which will prevent the portion of land condemned or other land or a portion of it which is the subject of this Agreement from being used for any authorized use, or upon the acquisition in lieu of eminent domain by a public agency for a public improvement, the portions of this Agreement by which Owners agrees to preserve and to restrict the use of property described herein shall be null and void upon such filing as to the portion of the land condemned or acquired and to the additional land the use of which for an authorized purpose will be prevented as a result of condemnation or acquisition.
If, subsequent to the filing of an action in eminent domain, the proposed condemnation is abandoned by the condemning agency as to all or a portion of the land subject to this Agreement, the restrictions on the use of the property included in this Agreement shall, without further agreement of the parties, be re -instituted and the terms of this Agreement shall be in full force and effect.
23. RECORDATION. No later than sixty (60) days after the parties execute this Agreement, the owners or agent of owner s shall record this Agreement in the Office of the County Recorder of the County of Kern.
24. AMENDMENTS. This Agreement may be amended, in whole or in part, only by a duly approved written recorded instrument executed by the parties hereto.
IN WITNESS WHEREOF, City and Owners have executed this Agreement on the day and year first written above.
“CITY” “OWNER(S)”
CITY OF BAKERSFIELD
By:_______________________________ By:_______________________________
KAREN GOH ENTER OWNER(S) NAME(S)
Mayor
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City of Bakersfield – Historic Preservation Contract (“Mills Act”) C - 7
APPROVED AS TO CONTENT:
ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT
By:___________________________
JENNIFER M. BYERS
Director
APPROVED AS TO FORM: COUNTERSIGNED:
City Attorney:_______________________ Finance Director: _____________________
VIRGINIA GENNARO RANDY MCKEEGAN
Note: City and Owner(s) signatures must each be notarized by a Notary Public.
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City of Bakersfield – Historic Preservation Contract (“Mills Act”) A - 1
EXHIBIT A
Legal Description
[INSERT CITY TRACKING NUMBERS]
Address
APN #
Legal Description
___________________________________________________
City of Bakersfield – Historic Preservation Contract (“Mills Act”) B - 1
EXHIBIT B
Resolution No. XXX or National/State listing
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City of Bakersfield – Historic Preservation Contract (“Mills Act”) C - 1
EXHIBIT C
Mills Act Contract Conditions
STANDARDS AND CONDITIONS
[INSERT HISTORIC PROPERTY ADDRESS AND APN]
During the term of this agreement, the Historic property shall be subject to the following conditions:
1) All structures and yards on the property shall be kept in excellent condition including exterior walls, windows and roofing. The following conditions are prohibited:
a) Dilapidated buildings or features such as fences, roofs, doors, wall and windows. b) Abandoned or discarded objects, equipment or materials such as automobiles, automobile parts, furniture, appliances, containers, lumber or similar items stored outdoors but within property lines.
c) Stagnant water or open excavations.
d) Any device, decoration or structure, which is unsightly by reason of its height, condition or location.
e) Peeling exterior paint or unremoved/uncovered graffiti. f) Overgrown landscaping, exposed bald areas within yards or grounds and broken hardscape features that could cause injury.
g) Other substandard conditions as cited by the Historic Preservation Commission, Planning or Building Director, or Code Enforcement.
2) A Certificate of Appropriateness from the Historic Preservation Commission shall be required prior to any exterior alterations and/or additions to any structure on the property.
The Secretary of the Interior’s Standards for Historic Preservation (EXHIBIT D) shall be applied to the property with the exception that standard condition #9 shall allow for additions, exterior alterations or related new construction to match the original building upon approval of a Certificate of Appropriateness.
3) View Corridor Maintained. The view corridor enabling the general public to see the building from the public right -of-way shall not be further obscured. The view corridor, including landscaping, hardscape and fencing, shall be maintained.
4) Electrical Safety Inspection. Within two (2) years of the date of City Council approval of this Agreement, an electrical safety inspection report shall be submitted on the electrical contractor’s letterhead indicating that the existing service panel meets minimum code and poses no hazardous conditions, GFCI outlets are provided as specified by code, and proper grounding of the panel exists. This condition shall be waived if the building records confirm the upgrading of the service panel or written electrical inspection completed within the five (5) years calendar years prior to approval of this Agreement is provided.
5) Seismic Retrofit. Documentation by a building permit must be submitted verifying completion of a seismic retrofit. If the house has not been seismically retrofitted, it shall be retrofitted within five (5) years of the date of the City Council approval of this Agreement. Seismic retrofit shall be at minimum the bolting of the house to an approved foundation. Seismic retrofit shall be at minimum the bolting of the house to an approved foundation.
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City of Bakersfield – Historic Preservation Contract (“Mills Act”) C - 2
6) Investigation. [INSERT TEXT IF ANY PROPERTY -RELATED INVESTIGATION IS NEEDED PRIOR TO IMPROVEMENTS ] The applicant shall present the findings to the Commission, at which time the Commission will evaluate the appropriateness of the [IMPROVEMENTS] and determine any necessary steps to address the walls if they are found to be an inappropriate alteration to the Historic Structure.
7) Exterior Improvement or Interior Improvements (Certificate of Appropriateness may be required): [INSERT REQUIRED IMPROVEMENTS, WITH DETAIL AND TIMING]
Rehabilitation/Restoration/Maintenance Plan
The methods and materials for completing the work items below shall be subject to review and approval by the City prior to commencement of work.
Work shall be completed by the specified date unless the OWNER requests a change to a later completion date in writing and the City agrees to a later completion date. Non-compliance with this requirement may constitute grounds for a termination of the Historic Property Contract by the City.
Item No. Building Feature: Estimated
Cost:
Detailed
Description of the
Work:
Year to be
completed:
1. Exterior Paint $10,000
Patch, repair and
re-paint entire
exterior wall
surfaces.
2026
2. 3.
4. 5.
6. 7.
8. 8) The property owner(s) shall submit to the [DEPARTMENT/OFFICIAL] a progress report every year for the first ten (10) years on the anniversary date of th is Agreement, listing a response to the conditions of approval as listed on this document. The report shall be on a form provided by the City , and shall also include interior and exterior maintenance projects completed since the last required update report. After the first ten (10) years of this Agreement’s Term, a written progress report shall be submitted to the City every five (5) years.
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City of Bakersfield – Historic Preservation Contract (“Mills Act”) D - 1
EXHIBIT D
The Secretary of the Interior's Standards for the Treatment of Historic Properties Standards for Preservation
1. A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces, and spatial relationships.
2. The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.
3. Each property will be recognized as a physical record of its time, place, and use.
Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
4. Changes to a property that have acquired historic significance in their own right will be retained and preserved.
5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
6. Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replaceme nt of missing features will be substantiated by documentary and physical evidence.
7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
8. Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
9. New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
10. New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.