The director of community development or designee shall serve as the committee secretary and custodian of its records but shall have no vote. (Ord. No. 2008-011, § 1, 7-28-08)

For the five members, qualifications shall be:

A. All members of the historic preservation committee shall have a demonstrated interest in, and knowledge of, the city’s historic preservation and cultural resources, and the Secretary of the Interior’s Standards for Guidelines for the Treatment of Historic Properties.

B. Professional Categories for Members.

1. Two committee members shall be appointed from among professionals in the disciplines of archeology, architecture, history, architectural history, art history planning, or other historic preservation-related disciplines, such as urban planning, American studies, American civilizations, cultural geography or cultural anthropology, to the extent that such professionals are available in the community.

2. At least one committee member shall be a professional with experience with historic preservation, in the disciplines of building design, building contractor, or real estate professional.

C. Citizen Category for Members. The remaining two committee members may be lay people who have demonstrated special interest, competence, experience, or knowledge in the above categories. (Ord. No. 2008-011, § 1, 7-28-08; Ord. No. 2020-023, § 6, 9-28-20; Ord. No. 2021-017, § 3, 12-13-21)

The historic preservation committee shall:

A. Make recommendations concerning the designation of historic districts, landmarks and points of interest significant to the heritage and development of this community in accordance with the standards, definitions, and procedures set forth in this title;

B. Make recommendations to the city council concerning Mills Act contracts pursuant to Chapter 4.108;

C. Upon the request of the community development director, provide recommendations for applications that affect identified or potential historicresources as provided under Title 24; and

D. Upon request of staff or city council, assist with any consideration that involves identified or potential historic resources. (Ord. No. 2008-011, § 1, 7-28-08; Ord. No. 2021-017, § 3, 12-13-21)

HISTORIC PRESERVATION REGULATIONS

24.455.110

Purpose.

This chapter is adopted pursuant to the municipal affairs provisions of the City Charter for the purpose of establishing procedures for identifying, designating and preserving historic landmarks or points of interest that were the site of a historic event, that are connected with the life of an important person, or that contain a building, structure, or other object that is architecturally significant, representative of a type, period or particular method of construction, or is associated with a significant builder, architect, designer or artist.

24.455.120

Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

“Historic district” means a geographically definable area possessing a significant concentration, linkage or continuity of site, buildings, structures and/or objects united by past events, or aesthetically by plan or physical development, regardless of whether such a district may include some buildings, structures, sites, objects, or open spaces that do not contribute to the significance of the district.

A historic district can generally be distinguished from surrounding areas (1) by visual change such as building density, scale, type, age, or style; or (2) by historicdocumentation of different associations or patterns of development. The number of nonsignificant properties a historic district can contain yet still convey its sense of time and place and historical development depends on how these properties impact the historic district’s integrity.

“Landmark” means any real property such as building, structure, or archaeological excavation, or object that is unique or significant because of its location, design, setting, materials, workmanship or aesthetic feeling, and is associated with:

1. Events that have made a meaningful contribution to the nation, state or community;

2. Lives of persons who made a meaningful contribution to national, state or local history;

3. Reflecting or exemplifying a particular period of the national, state or local history;

4. Embodying the distinctive characteristics of a type, period or method of construction;

5. The work of one or more master builders, designers, artists or architects whose talents influenced their historical period, or work that otherwise possesses high artistic value;

6. Representing a significant and distinguishable entity whose components may lack individual distinction; or

7. Yielding, or likely to yield, information important to national, state or local history or prehistory.

“Point of interest” means any real property or object:

1. That is the site of a building, structure or object that no longer exists but was associated with historic events, important persons, or embodied a distinctive character of architectural style;

2. That has historic significance, but was altered to the extent that the integrity of the original workmanship, materials or style is substantially compromised;

3. That is the site of a historic event which has no distinguishable characteristics other than that a historic event occurred there and the historic significance is sufficient to justify the establishment of a historiclandmark. (Ord. No. 2005-004, § 3, 5-2-05)

24.455.125

Determination of potential historic resource.

A. The director may require applications for any development proposal involving buildings or structures over 40 years of age that are not designated or have not been identified in a previous historic resources survey adopted by the city council to provide a historic resources assessment report (or “Phase I”) prepared by a city-designated historic preservation professional and funded by the applicant. The director will base this decision on the following considerations:

1. The building or structure appears to retain historic integrity; and

2. There is evidence that the building or structure embodies the distinctive characteristics of an architectural style or type, or is associated with someone on the city’s list of significant architects and builders; or

3. There is evidence that the building or structure is associated with important historical events or persons.

B. If the director determines a building or structure is a potential historicresource, then historic design review is required based on Section 24.545.030(A)(3) subject to the Secretary of the Interior’s Standards and Guidelines for the Treatment of Historic Properties and any other applicable historic resource design guidelines. (Ord. No. 2021-017, § 48, 12-13-21)

24.455.130

Authority to declare or remove a landmark or point of interest designation.

The city council shall have the sole authority to declare landmarks or points of interest and to remove such designations.

24.455.140

Standard procedures.

Unless otherwise provided in this chapter, the procedures for historic preservationapplications and decisions will adhere to Section 24.500.060 as it relates to initiation, decision-making authority, notice and hearing, appeals, failure to comply with conditions and amendments. (Ord. No. 2021-017, § 49, 12-13-21)

24.455.210

Procedure.

An application to designate a landmark, point of interest, or historic district shall include sufficient materials to justify the potential designation, to the satisfaction of the director. Applications to create historic districts shall require proposed architectural and development standards. The historic preservation committee will review applications for designation of landmarks, points of interest and historicdistricts at a public hearing. The committee shall, by resolution, recommend to the city council that, pursuant to the standards set forth in this chapter, a subject be declared a landmark or point of interest or otherwise acquired or made such by application by any person, entity, group, or body.

However, the property owner’s consent must be obtained prior to any such recommendation.

A. Landmarks and Points of Interest. The city council’s action on the historic preservation committee’s recommendation shall be by resolution, and subject to all of the following findings:

1. The landmark or point of interest shall meet the definitions of “landmark” or “point of interest.”

2. The landmark or point of interest shall have significance to the people of the city.

3. The landmark or point of interest shall not require the expenditure by the city of any amount of money not commensurate with the actual or aesthetic value of the subject to be preserved.

Resolutions approving a landmark or point of interest designation will include a legal description of the property involved including lot and block number and the name of the property owner and will be duly recorded by the city clerk in the county recorder’s office.

B. Historic District. For applications to establish a historic district, the planning commission shall receive the historic preservation committee’s recommendation, hold a public hearing, and adopt a resolution forwarding a recommendation to the city council. The city council shall consider the recommendation pursuant to Chapters 24.340 and 24.540. (Ord. No. 2021-017, § 50, 12-13-21)

This chapter establishes the historic district (HD) overlay zone to regulate development in areas which may include a landmark or point of interest, or any combination or combinations thereof. This chapter is intended to regulate such areas in order to:

A. Protect against destruction or encroachment upon such areas and structures;

B. Encourage uses which promote the preservation, maintenance or improvement of landmarks and points of interest;

C. Assure that new structures and uses within such areas will be in keeping with the character to be preserved or enhanced;

D. Promote the educational and economic interests of the entire city; and

E. Prevent creation of environmental influences adverse to such purposes. (Code 1971, § 15.440.010)

The provisions of this chapter shall apply within the boundaries of any area that has been designated as a historic district (HD) overlay zone by the city council pursuant to Chapter 24.540. Such areas may be designated as “HD” on the official zoning district map. The provisions of this chapter shall apply and be deemed enacted and effective as of April 21, 1977. (Code 1971, § 15.440.020)

All uses permitted by the underlying zone designations within an area prior to its designation as an HD overlay zone area shall continue to be permitted, but only to the extent consistent with the provisions of this chapter. (Code 1971, § 15.440.030)

Design review approval must be obtained to the extent required by Chapter 24.545, unless otherwise specified in the enabling language which creates a historic district. (Code 1971, § 15.440.040; Ord. No. 2021-017, § 34, 12-13-21) 

24.545.030 Review process.

A. Design review shall be categorized as major design review, minor design review or historic design review. An application for major, minor, or historic design review shall require a complete application and payment of fees by the property owner or agent and shall be reviewed and acted upon by the director pursuant to Section 24.500.060, except that minor design review may be administratively approved by the director without notice or hearing.

3. Historic Design Review. Development on a property within or immediately adjacent to a designated historic district (HD) overlay zone, alterations or additions to a designated historic landmark, a property identified as eligible in a historic resources survey adopted by the city council, or a contributor to a designated HD overlay zone, new construction adjacent to a designated historic landmark, or affecting a potential historic resource as determined by the director, shall require historic design review. The historic design review process will be based on the Secretary of the Interior’s Standards for the Treatment of Historic Properties:

a. Pursuant to Section 24.430.040, accessory dwelling units (ADUs) affecting an identified or potential historic resource shall require minor design review.

b. All other development, alterations or additions the director determines may have an impact on an identified or potential historic resource shall be referred to the historic preservation committee (HPC) for a recommendation to the decision-making authority at a noticed public hearing.

Architectural and development guidelines shall be prepared and adopted for each proposed HD overlay zone pursuant to this chapter. Architectural guidelines shall be developed in accordance with the Secretary of the Interior’s Standards for Rehabilitation with Guidelines for Rehabilitating Historic Buildings. Uses within an area designated as an HD overlay zone must comply with all provisions of such adopted guidelines after the effective date of the area’s designation as an HD overlay zone.

Guidelines shall include, without limitation, the following provisions:

A. Height. The height of new buildings shall be consistent with, but not strictly limited to, the proportion of existing landmarks or points of interest.

B. Materials. Predominant materials to be used in buildings shall be prescribed.

C. Details. Use of details such as cornices, lintels and arches shall be consistent with existing designs.

D. Elements. Compatible elements such as balconies, porches and chimneys shall be prescribed.

E. Roof. Roof shapes and materials shall reflect the shape, scale and style of the landmarks or points of interest.

F. Grounds. Site planning shall follow the precedents set by most of the buildings on the block, unless the decision-making authority approves the variation therefrom.

G. Signs. Recommendations regarding appropriate sign programs for the area shall be set forth. (Code 1971, § 15.440.050; Ord. No. 2021-017, § 34, 12-13-21)

A. An application to establish an HD overlay zone shall require that the following exhibits be submitted:

1. A description of each registered historic place within the proposed HD overlay zone including a descriptive text, maps, and photographs of each.

2. A description of the entire area to be included within the boundaries of the HD overlay zone with text, maps, and photographs accurately describing and showing existing land uses, the condition of structures, architectural styles, and other matters peculiar to the area which are relevant.

3. Proposed architectural and development guidelines in accordance with Section 24.340.050.

B. The proposed HD overlay zone shall meet all of the following requirements:

1. May include at least one registered historic place.

2. It shall include sites, buildings and structures in their original setting which have historic or cultural significance to the people of the city.

3. The area designated as an HD overlay zone shall be readily distinguishable from other areas of the city because of the historic or cultural attributes of the area. (Code 1971, § 15.440.060; Ord. No. 2021-017, § 34, 12-13-21)

Establishment of an HD overlay zone may be approved by the city council pursuant to Chapter 24.540, except that the historic preservation committee shall make a recommendation to the planning commission for the establishment of an HD overlay zone. (Code 1971, § 15.440.070; Ord. No. 2021-017, § 34, 12-13-21)

A. The purpose of this chapter is to implement the provisions of California Government Code Section 50280 et seq. (the “Mills Act”). The Mills Act authorizes local governments to enter into contracts with owners of private historical property who will rehabilitate, restore, preserve, and maintain qualified historical property. In return for a property owner’s commitment to pursue the rehabilitation, restoration, preservation and maintenance of the qualified historical property, the city intends to facilitate certain property tax reductions in accordance with Article 1.9(commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code.

B. The city of Ventura contains numerous historic buildings, which add to its character and identity. Some of these buildings may have not been adequately maintained over time, may be structurally deficient, or may need rehabilitation. The costs of properly rehabilitating, restoring, preserving, and maintaining historic buildings may be prohibitive for property owners. Implementation of the Mills Act as provided by this chapter is intended to serve as an incentive to property owners to preserve and maintain historic property.

C. The procedures established herein are further intended to balance the benefits of the Mills Act to the individual property owners and the historical value of individual buildings proposed for historical property contracts with the potential cost to the city in providing the property tax reductions set forth in the Mills Act. 

4.108.020

Qualified historical property.

An owner, or an authorized agent of the owner, of a qualified historical property may apply for a historical property contract. For purposes of this chapter, “qualified historical property” shall mean privately owned property which is not exempt from property taxation and which is one of the following:

A. Individually listed in the National Register of Historic Places or the California Register of Historic Resources; or

B. Designated as a city landmark pursuant to Chapter 24.455. 

4.108.030

Application for historical property contract.

An owner, or an authorized agent of an owner, of a qualified historical property may submit an application for a historical property contract to the community development director on forms provided by the director. (All further references to the “director” in this chapter are references to the city community development director, or the director’s designee, unless specifically indicated to the contrary herein). The property owner shall provide, at a minimum, the following information and documentation on or with the application:

A. The address and location of the qualified historical property;

B. Evidence that the property is a qualified historical property;

C. A legal description of the property;

D. A title report or other evidence of the sufficiency of the applicant’s legal or equitable interest in the property;

E. The nature and cost of any rehabilitation, restoration or preservation work to be conducted on the property;

F. A plan for continued maintenance of the property; and

G. Any further information the director determines necessary to make a thorough evaluation of, and recommendation on, the proposed historical property contract in accordance with the purposes of this chapter. 

A. Historic Preservation Committee Review. After the director determines that the application meets the minimal requirements of Section 4.108.030 and is otherwise complete, the director shall refer the application to the historic preservation committee (“HPC”) for its review and recommendation. The historic preservation committee shall hold a public hearing to review the application for the historical property contract and shall make its recommendation to the city council as to the historical value of the qualified historical property, any proposed rehabilitation, restoration or preservation work, and any proposed preservation restrictions and maintenance requirements.

B. City Council Decision. Following review by the historic preservation committee, the city council shall conduct a public hearing to review the historic preservation committee recommendation, the information provided by city staff, and any other information the council determines to be necessary or desirable in order to decide whether the city should execute a historical property contract for a particular property. The council reserves authority, and shall have full discretion, to determine whether it is in the public interest to enter a Mills Act historical property contract with the owner of a particular qualified historical property. Following the completion of the public hearing, the council may approve, disapprove, or modify and approve the terms of the proposed historical property contract or continue its deliberations on the contract to a subsequent meeting. Upon approval, the council shall authorize the city manager to execute the historical property contract.

C. Recording. No later than 20 days after the city enters into a historical property contract the city clerk shall transmit a copy of the contract to the office of the Ventura County recorder for recordation.

D. Hearings. Notice of the public hearings required by this section shall be given in accordance with the requirements for notice by publication set forth in Chapter24.560 and to any interested person or organization that has previously submitted a written request for such notice. 

A. The historical property contract shall set forth the agreement between the city and the property owner that, as long as the property owner properly rehabilitates, restores, preserves and maintains the qualified historical property as set forth in the contract, the property shall be eligible for reassessment of valuation in accordance with Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code; provided, that the Ventura County assessor determines that those provisions of the Revenue and Taxation Code are applicable to the property in question. A historical property contract shall further include, at a minimum, the following provisions:

1. The term of the contract, which shall be for a minimum of 10 years;

2. The owner’s commitment and obligation to preserve, rehabilitate, restore and maintain the property in accordance with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation and the United States Secretary of the Interior’s Standards for the Treatment of Historic Properties;

3. Permission for periodic examinations of the interior and exterior of the qualified historical property to be conducted by persons representing the city planning or inspection services divisions, the Ventura County assessor, the Office of Historic Preservation of the California Department of Parks and Recreation, and the State Board of Equalization as may be necessary to determine the owner’s continuing compliance with the historical property contract;

4. That the historical property contract is binding upon, and shall inure to the benefit of, all successors in interest of the owner;

5. An extension to the term of the contract so that one year is added automatically to the initial term of the contract on the anniversary date of the contract or such other annual date as specified in the contract unless notice of nonrenewal is given as provided in the Mills Act and in the historical property contract;

6. Agreement that the city may cancel the contract, or pursue whatever other legal or equitable remedies it deems necessary or desirable for enforcement of the contract, when the city council finds that the owner has breached the terms of the contract; and

7. The property owner’s indemnification of the city for, and agreement to hold the city harmless from, any claims arising from any use of the property.

B. The city and the qualified historical property owner shall comply with all provisions of the Mills Act, including any amendments thereto that may be enacted from time to time. The Mills Act, as amended from time to time, shall apply to the historical property contract process and shall be deemed incorporated into each historical property contract entered into by the city. 

4.108.060

Cancellation of the historical property contract by city.

See city municipal code for details.

4.108.070

Nonrenewal of the historical property contract.

See city municipal code for details.

4.108.080

Fees.

A. The city council may determine the amount of, and impose, a fee to compensate the city for processing and administering an application for a historical property contract. The fee shall be no more than 100 percent of the amount needed to compensate for the time and materials required to process the application, based upon the estimated actual costs to perform the work, including, but not necessarily limited to, the costs of the community development department, the city attorney, and the finance department.

B. The city may also impose a separate fee, following approval of the historical property contract, to compensate the city for the actual costs of inspecting the qualified historical property and enforcing the historical property contract.

C. Failure to pay any application or inspection fees shall be grounds for rejection of an application for a historical property contract, or canceling a historical property contract, as applicable. (Ord. No. 2004-022, § 3, 11-1-04; Ord. No. 2006-009, § 3, 5-1-06; Ord. No. 2022-002, § 11, 3-21-22)

4.108.090

Other means for preservation of landmarks not foreclosed.

The incentives provided by this chapter are intended to be but one means of preserving historically significant properties in the city of Ventura and the city council reserves its authority to make any other reasonable arrangements to preserve designated historic landmarks. These may include, by way of example but without limitation, establishment of a private or public fund for preservation of historic landmarks or other contractual agreements with property owners for the maintenance and preservation of facade easements or public access to the structure. (Ord. 

( Added to website December, 2023)

1360 - Title.

This Article shall be known as and may be cited as the "Ventura County Cultural Heritage Ordinance."

1361 - Purpose and findings.

The purpose of this Article is to promote the economic and general welfare of the County of Ventura by preserving and protecting public and private historic, cultural and natural resources which are of special historical, archaeological, or aesthetic character or interest, or relocating or recreating such resources where necessary for their preservation and for their use, education, and view by the general public. This Article is intended to allow for the identification, inventory, preservation, and protection of cultural, historical, paleontological, and archaeological resources in Ventura County, including Native American resources, for their scientific, educational, and cultural value, consistent with the Ventura County General Plan. All such efforts are taken to make the citizens of this County, visitors, and tourists mindful of the rich historical, cultural, and natural heritage of the County.

The Board of Supervisors finds that Ventura County's cultural heritage is constantly being impacted by removal, demolition, earthquakes, and other alterations of sites and structures as documented in the 2000 Ventura County Historic Preservation Plan. To offset this adverse impact on our cultural environment, the Board of Supervisors finds that strengthening efforts to preserve and protect this heritage, combined with incentives for those willing to participate in this effort, are necessary. This strengthening will also benefit the economic and general welfare of Ventura County and, therefore, the Board of Supervisors finds that the changes as developed and recommended in the Ventura County Historic Preservation Plan are necessary.

1362 - Applicability of ordinance.

The Cultural Heritage Ordinance shall have force and effect only in the unincorporated areas of Ventura County. However, any designated Districts, Landmarks, Sites of Merit, or Points of Interest (hereafter referred to as designated Cultural Heritage Sites) existing as of the effective date of this Article, regardless of their location in the County, shall retain their declared status. At any time in the future, if the territory upon which a designated Cultural Heritage Site is annexed to any city, the site shall also retain its designated status.

1363 - Definitions. (Ventura County)

Application of Definitions: Unless the provision or context otherwise requires, the definitions of words and terms as follows shall govern the construction of this Article.

"Alteration": Any change affecting the exterior character-defining features of a potential or designated Cultural Heritage Site, including actions that affect the integrity of the resource. For a Cultural Heritage Site subject to a Mills Act contract, alteration shall include any change affecting the interior character-defining features thereof.

"Board of Supervisors": The County of Ventura Board of Supervisors.

"California Historical Building Code": The California Historical Building Code is a set of regulations contained in Part 8 of Title 24 (State Building Standards Code) of the California Code of Regulations (and authorized by statute under Health and Safety Code sections 18950 et seq.) that applies to all qualified historical structures, Districts, and sites designated under federal, state, or local authority. It provides alternatives to the Uniform Building Code for the rehabilitation, preservation, restoration, or relocation of qualified historic structures, Districts, and sites.

"Certificate of Appropriateness": An authorization issued by the Cultural Heritage Board or its designee which generally indicates that the proposed subdivision, rezoning, maintenance, acquisition, stabilization, preservation, reconstruction, protection, alteration, restoration, rehabilitation, remodeling, addition, change of use, demolition, relocation, change, remodeling or other project affecting a potential or designated Cultural Heritage Site will not reduce its cultural heritage values, or prevent the eligibility of a Potential Cultural Heritage Site to become a designated Cultural Heritage Site.

"Certificate of Review": An action by the Cultural Heritage Board or its designee documenting its consideration of, and recommendations, regarding the effects, including environmental effects to historic resources, of permit actions on a potential or designated Cultural Heritage Site, where a Certificate of Appropriateness is not required.

"Certified Local Government": The program authorized by the National Historic Preservation Act of 1966 (16 U.S.C. section 470 et seq.) and the subsequent participatory agreement between the County and the State of California Office of Historic Preservation.

"Character-Defining Features": The physical aspects of a site's design and form which identify it as belonging to a specific time and place. Design, materials, workmanship, form, and style of decorative and structural features and spaces, and spatial relationships both interior, exterior, and environmental. A building, for example, may have character-defining features that include, but are not limited to, the overall shape, massing and form of the building, its roof and roof structures, openings, projections, trim, materials, craftsmanship, decorative details, as well as the various aspects of its site, landscape, and environment.

"Cultural Heritage": Pertaining to the sum total of traditions and body of knowledge that are inherited as possessions, characteristics, or conditions expressing a traditional way of life subject to gradual but continuous modifications by succeeding generations.

"Cultural Heritage Board": The County of Ventura Cultural Heritage Board established by this Article.

"Cultural Heritage Site": An improvement, natural feature, site, or District that has completed the legally required procedures stipulated in this Article to have it designated by the Cultural Heritage Board or the Board of Supervisors as a District, Landmark, Site of Merit, or Point of Interest.

"Demolition": The complete destruction or removal of a structure, tree, landscaping, or natural feature identified as a character-defining feature; the cumulative removal of more than fifty (50) percent of the perimeter walls, roof, or floor area of a structure; or the removal of a substantial portion of a street-facing façade visible from the public right-of-way.

"District": A geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, landscapes, structures, or objects, united by past events or aesthetically by plan or physical developments. A district may also be composed of individual elements separated geographically but linked by association or history.

"District Contributor": A building, structure, site, feature, or object within a District that embodies the significant physical characteristics and features thereof, or adds to the historical associations, historic architectural qualities, or archaeological values identified for the District, and was present during the period of significance, relates to the documented significance of the property, and possesses historic integrity or is capable of yielding important information about the period.

"District Non-Contributor": A building, structure, site, feature, or object within a defined District that is not associated with the significance of the District or was not present during the period of significance, or has been altered to the extent that it no longer retains integrity. A District Non-Contributor shall not be precluded from being individually eligible as a Site of Merit or Landmark under different significance criteria.

"Downgrade": A reduction in the status of a designated Cultural Heritage Site, such as a re-designation of a Landmark to a Site of Merit or Point of Interest.

"Historic Context": A broad pattern of historical development in a community or its region, which may be represented by historic or prehistoric resources.

"Integrity": Ability of a property to convey its historical significance, or the authenticity of a property's historic identity, evidenced by the survival of physical characteristics and materials that existed during the property's historic or pre-historic period of significance. A property would typically possess several (although not necessarily all) of the following seven (7) aspects of integrity, as defined in National Register Bulletin 15, to convey its significance: Location, Design, Setting, Materials, Workmanship, Feeling, and Association.

"Landmark": An improvement, natural feature, or site of historical, prehistorical, architectural, community, or aesthetic merit which meets the criteria specified in this Article and has been so designated by the Cultural Heritage Board or the Board of Supervisors according to the provisions of this Article.

"Owner": Those individuals, partnerships, corporations, or public agencies holding fee simple title to a resource. The term does not include individuals, partnerships, corporations, or public agencies holding easements or less than fee simple interests, including leaseholds, in a resource property.

"Period of Significance": The span of time in which a property attained the significance for which it meets the designation criteria.

"Point of Interest": The location of, or site of, a former improvement or natural feature, or event possessing historical or cultural characteristics which satisfy the provisions of this Article.

"Potential Cultural Heritage Site": An improvement, natural feature, or site of historical, architectural, community, or aesthetic merit which may meet the criteria specified in this Article and has not yet been officially designated by the Cultural Heritage Board or the Board of Supervisors as a District, Landmark, Site of Merit, or Point of Interest. A Potential Cultural Heritage Site may consist of a property listed in the National Register of Historic Places or California Register of Historical Resources that has not completed the legally required procedures for designation as a Cultural Heritage Site stipulated in this Article.

"Preservation" (treatment): The act or process of applying measures necessary to sustain the existing form, integrity, and materials of a historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.

"Protection" (treatment): The act or process of applying measures to affect the physical condition of a historical resource by guarding it from deterioration, loss, or attack by natural causes, or to cover or shield it from threat of danger or harm. In the case of buildings or structures, these measures are usually temporary; however, with regard to archaeological resources, protective measures may be temporary or permanent.

"Reconstruction" (treatment): The act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

"Rehabilitation" (treatment): The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values.

"Relocation": The removal of a potential or designated Cultural Heritage Site from its original location and placement at a new location.

"Restoration" (treatment): The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.

"Secretary of the Interior's Professional Qualification Standards": The minimum education and experience required to perform identification, evaluation, registration, and treatment activities (36 Code of Federal Regulations Part 61, as may be amended).

"Secretary of the Interior's Standards": The United States Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, or the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (U.S. Dept. of Interior, National Park Service Technical Preservation Series, 2017 ed., as may be amended).

"Site of Merit": A site of historical, cultural, architectural, or aesthetic merit which has not been officially otherwise designated and has been surveyed according to Federal standards as required by the County of Ventura's Certified Local Government agreement. Said sites are listed in a Board of Supervisors approved survey with a National Register status code of 1 through 5 and have been designated by the Cultural Heritage Board or the Board of Supervisors according to the provisions of this Article.

"Stabilization" (treatment): The act or process of applying measures designed to establish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property, or one (1) which has the potential to deteriorate or to become unsafe, while maintaining the essential form as it exists at present.

1367 - Criteria for designation of Cultural Heritage Sites.

For purposes of this Article, a site may be designated a Cultural Heritage Site by the Cultural Heritage Board or Board of Supervisors, as provided in this Article, if it meets the applicable criteria below.

a. Landmarks—Satisfy one (1) or more of the below criteria of significance, in addition to retaining sufficient integrity. In evaluating integrity, the authenticity of the resource's physical identity shall be established by evidence of lack of deterioration and significant survival of the characteristics that existed during its period of significance. This shall be evaluated with regard to the retention of location, design, setting, materials, workmanship, feeling, and association, consistent with applicable National Register of Historic Places Bulletins for evaluating historic properties. (1) It is associated with events that have made a significant contribution to the broad patterns of Ventura County history; (2) It is associated with the lives of significant persons in Ventura County's past; (3) It embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction; (4) It has yielded, or may be likely to yield, information important in history or prehistory. b. Sites of Merit—Satisfy all of the following criteria: (1) Sites of historical, architectural, community, or aesthetic merit which have not been designated as Landmarks or Points of Interest, but which are deserving of special recognition; (2) Board of Supervisors approved surveyed sites with a National Register status code of 1 through 5; and (3) Retain sufficient integrity as described in Section 1367(a). c. Points of Interest—Satisfy one (1) of the following criteria: (1) The site of a building, structure or object that no longer exists, but was associated with historic events, important persons, or embodied a distinctive character or architectural style; or (2) A site that has historical significance, but has been altered to the extent that the integrity of the original workmanship, materials, or style has been substantially compromised; or (3) The site of a historic event which has no distinguishable characteristics other than that a historic event occurred at that site, and the site is not of sufficient historical significance to justify the establishment of a Landmark. d. Districts—Satisfy all of the following criteria: (1) Possesses a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development; (2) Has precisely mapped and defined boundaries based upon a shared relationship among the properties constituting the District; (3) Has at least one (1) of the criteria for significance of Section 1367(a); and (4) Retains sufficient integrity as described in Section 1367(a).

(Ord. No. 4604, § 1, 7-26-2022)

1367-1 - Additional designation standards.

In addition to meeting the criteria in Section 1367, all the standards below must be met before a site becomes a designated Cultural Heritage Site. This Section shall not apply in the determination of whether a site is eligible for Cultural Heritage Site designation.

a. It shall have historic, aesthetic or special character or interest for the general public, and not be limited in interest to a special group of persons; b. Its designation shall not require the expenditure by the County of Ventura of any amount of money not commensurate with the value of the object to be preserved; and c. Its designation shall not infringe upon the rights of a private owner thereof to make reasonable uses thereof which are not in conflict with the purposes of this Article.

1369-1 - List of properties potentially eligible for Cultural Heritage Site designation.

The County Resource Management Agency shall maintain record of known Potential Cultural Heritage Sites within its applicable land use permitting system. Said list shall also include Ventura County sites listed in the National Register of Historic Places and California Register of Historical Resources.

1370-1 - Historical property contracts (Mills Act contracts).

The purpose of this Section is to implement State of California law (Government Code sections 50280 et seq., or any successor statutes), allowing the approval of Historical Property Contracts by establishing a uniform procedure for the owners of qualified historic properties within unincorporated Ventura County to enter into contracts with the County for purposes of reducing property taxes. For the purposes ofSection 1370-1, a qualified property shall be a Landmark or District Contributor designated pursuant to the legally required procedures stipulated in this Article. The required provisions of a Historical Property Contract shall be those required by State of California law, including the following specifications:

a.

The contract term shall be ten (10) years minimum, with automatic renewal yearly on the anniversary of the contract date;

b.

The contract agreement is to assist the preservation of the historic resource; therefore, restoration, and rehabilitation of the property shall conform to the rules and regulations of the State of California Office of Historic Preservation, the Secretary of the Interior's Standards, and the California Historical Building Code;

c.

The owner agrees to permit periodic examination of the interior and exterior of the premises by the County Assessor, the Department of Parks and Recreation, the State Board of Equalization, and the County, as may be necessary to verify the owner's compliance with the contract agreement, and to provide any information requested to ensure compliance with the contract agreement;

d.

The contract shall be binding on all successors-in-interest of the owner to the benefits and burdens of the contract; and

e.

The procedure for notice of non-renewal by the owner or the County, shall be as identified in State law (Government Code sections 50280 et seq., or any successor statutes).

In addition, the contract shall state that the County may cancel the contract if it determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the significance criteria under which it was designated. In addition, the contract shall state that if the County cancels the contract for any of these reasons the owner shall pay a cancellation fee of twelve and one-half (12.5) percent of the full value of the property at the time of cancellation, as determined by the County Assessor without regard to any restriction on the property imposed by the Historical Property Contract. The Planning Director, or designee, shall issue administrative guidelines for implementation of the Historical Property Contract process.

1370-2 - California Historical Building Code.

The California Historical Building Code provides alternative building regulations for permitting repairs, alterations, and additions necessary for the preservation, rehabilitation, relocation, related construction, change of use, or continued use of a qualified historical building or structure, as defined by the Ventura County Building Code. Any qualified historical building or structure may, upon request of the applicant for a permit, be subject to the provisions of the California Historical Building Code if the work is required to comply with the Secretary of the Interior's Standards.

1370-3 - Cultural Heritage Sites deviations.

Section 8107-37 of the Ventura County Non-Coastal Zoning Ordinance establishes a mechanism whereby appropriate deviations from the regulations of that Chapter can be granted to promote the enhancement, preservation, rehabilitation, restoration, reconstruction, and maintenance of sites and structures of historical or cultural heritage value through the imposition of design and development standards specific to the site.

Entire text of ordinance here: https://library.municode.com/ca/ventura_county/codes/code_of_ordinances?nodeId=DIV1GO_CH3COBO_ART5CUHE

( Added to website December, 2023)

There is hereby established a City Historic Preservation Commission, consisting of five (5) members. Each Councilmember shall appoint one Commissioner, ratified by the approval of a majority of the full Council. While it is preferred that all members of the Commission have primary residence and be domiciled within the City, a minimum of three (3) members of the Commission must have primary residence and be domiciled within the City. All members must live within the Ojai Area of Interest, as defined by the Ventura County Local Agency Formation Commission. Members of the Commission shall be appointed for four (4) years on a staggered basis and shall hold office at the discretion of the Council until their successors have been appointed even if their designated term has expired. The first Commission seat to become vacant after passage of the ordinance codified in this section shall be filled by the Councilmember representing City Council District 4. The second seat to become vacant shall be filled by the Mayor. Subsequent appointments shall be made in the following order: City Council District 1, City Council District 2, City Council District 3, City Council District 4, and the Mayor, repeating as terms expire such that the five (5) Commission members correspond to the Mayor and four (4) City Council Districts. If a member resigns before the end of their term, the City Councilmember for the Voting District that appointed that member shall appoint their replacement. The designated terms of all members of the Commission shall expire at the second regular Council meeting of May.

(§ 2, Ord. 893, eff. April 11, 2019, as amended by § 1, Ord. 909, eff. September 25, 2020)

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“Alteration” means any act or process that changes one or more of the exterior or interior character-defining elements of a structure, including, but not limited to, the erection, construction, reconstruction, or removal of any structure.

“Architecture/architectural” means the character and general composition of the structure, including, but not limited to, the kind, color, and texture of the building material and the type, design, and character of all windows, doors, light fixtures, signs, and appurtenant elements.

“Character-defining elements” means the significant historical, architectural, building, setting, design, or other elements of a landmark or historic district that contribute to the landmark or historic district’s eligibility for designation as a landmark or historic district. The character-defining elements of a landmark or historic district are specified in the Council’s resolution designating the landmark or historic district.

“Construction” means the act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.

“Contributing structure” is a structure on a landmark property or in an historic district that contains character-defining elements of the landmark or historic district as defined in the Council approved landmark resolution.

“Council” means the City Council of the City of Ojai.

“Cultural heritage/cultural landmark” refers to features that are primarily of interest due to their part in the City’s shared traditions or shared identity.

“Demolition” means any act or process that destroys in part or in whole a landmark, proposed landmark, or point of historical interest. Process includes the act of demolition by neglect.

“Demolition by neglect” means a situation in which the property owner, or others having legal possession, custody, or control of a property, allow the condition of Council designated or currently nominated landmark structure, structure of merit, or structure still existing within a Council designated point of historical interest, to suffer such deterioration, potentially beyond the point of repair, as to threaten the structural integrity of the structure or its relevant architectural detail to a degree that the structure and its character may potentially be lost to current and future generations.

“Heritage” means the sum of the City’s collective history and culture that is passed down from the past to present and future generations. This heritage may be of an historical, architectural, cultural or natural significance or interest.

“Historic district” means an area designated as an “historic district” by ordinance of the Council, and which may contain within definable geographic boundaries one or more landmarks and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district. An historic district is identified in reference to its historically and architecturally significant character-defining elements.

“Landmark” means a building, structure, object, site, or district designated as a “landmark” by resolution of the Council, pursuant to procedures prescribed herein, that is worthy of rehabilitation, restoration, reconstruction, or preservation because of its historical, architectural, cultural, and/or natural significance to the City.

“Landmark property” means the parcel(s) on which a landmark or historic district exists, including all character-defining elements, non-character-defining elements, contributing structures, and non-contributing structures.

“Natural heritage/natural landmark” refers to features that are part of the natural landscape; that are not man-made.

“Non-contributing structure” means a structure on a landmarked property or in an historic district that does not contain character-defining elements of the landmark or historic district.

“Ordinary repair and maintenance” means any work, the sole purpose and effect of which is to correct normal deterioration, decay, or damage, and to restore the same, as nearly as may be practicable, to the condition and visual appearance prior to the occurrence of such deterioration, decay, or damage. Ordinary repair and maintenance does not apply to any new construction, reconstruction, rehabilitation, or restoration project.

“Owner of record” means the person, corporation, or other legal entity listed as owner on the records of the County Recorder of Deeds.

“Point of historical interest” means the site of a building, structure, or object which no longer exists but which was associated with historic events or important persons or embodied a distinctive character or architectural style; or has historic significance but has been altered to the extent that the integrity of the original workmanship, materials, or style has been substantially compromised; or is the site of an historic event which has no distinguishable characteristic other than that an historic event occurred there, and the site is not of sufficient historic significance to justify the establishment of an historic landmark.

“Removal” means any relocation of a structure on its site or to another site.

“Secretary of Interior’s Standards and Guidelines for the Treatment of Historic Properties” refers to a booklet published by the U.S. Secretary of the Interior under the National Historic Preservation Act

(NHPA), which establishes professional standards and guidance on the preservation of the nation’s historic properties in four (4) treatment areas: preservation, rehabilitation, restoration, and reconstruction.

“Structure” means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground.

“Structure of merit” means an individual structure designated by the Council, upon recommendation by the Historic Preservation Commission, of historic, architectural, community, or aesthetic merit which has not been designated as a landmark or point of historical interest but which is deserving of being added to a Council approved special recognition list.

“Work permit” means a permit issued by the city after approval by either the Historic Preservation Commission or the Community Development Director for any work performed on a landmark, landmark property, or historic district other than “ordinary repair and maintenance” not affecting any character-defining elements, either physically or visually. All work permits will be issued in compliance with Section 4-8.15.

“Major work permit” means a permit issued by the City after approval by the Historic Preservation Commission for any work performed on a landmark, landmark property, or historic district that might affect a character-defining element, either physically or visually, in compliance with Section 4-8.15.

“Minor work permit” means a permit issued by the City after approval by the Community Development Director for any work performed on a landmark, landmark property, or historic district that does not impact a character-defining element, either physically or visually, in compliance with Section 4-8.15.

(§ 2, Ord. 893, eff. April 11, 2019)

The functions and powers of the Historic Preservation Commission shall be:

(a)  Evaluation. The Historic Preservation Commission or Community Development Director may investigate any structure in the City which the Council or Planning Commission or Historic Preservation Commission has reason to believe should be declared an historical landmark, historic district, structure of merit, or point of historical interest;

(b)  Inventory. To maintain a current list of all historical, cultural, and natural landmarks, historic districts, structures of merit, and points of historical interest which have been declared as such by the Council. This information shall be made available to the public;

(c)  Public hearings. To hold public hearings for the purpose of identifying historical landmarks, historic districts, or points of historical interest, with such hearings held ten (10) days or more after the property owner has been notified by registered mail;

(d)  Recommendations. If the conclusion of the Historic Preservation Commission is that an historical landmark, historic district, structure of merit, or point of historical interest does exist which meets the criteria established in this chapter and should be declared as such, the Historic Preservation Commission shall make its recommendation to the Council for timely deliberation within ninety (90) days and send a copy of such recommendation to the property owner;

(e)  State registration. The Historic Preservation Commission may recommend to the Council that the City apply to the California Office of Historic Preservation for State registration of landmarks, historic districts, or sites which have historical significance, which meet State registration criteria, and where the registration would assist in preservation. The Historic Preservation Commission may find that a landmark site of historic significance is significant for declaration as a State “point of historical interest” but does not warrant registration as a State “historical landmark.” The Historic Preservation Commission shall investigate and recommend to Council the appropriate State registration;

(f)  Advise and assist property owners. To advise and assist owners of landmarks and property or structures within historic districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, and on procedures for inclusion on the National Register of Historic Places;

(g)  Amendments. To identify issues with this chapter and recommend to the Council consideration of amendments to this chapter when circumstances indicate; and

(h)  Develop guidelines. To develop and recommend for Council adoption of specific design guidelines for the alteration, construction, or removal of landmarks or property and structures within historic districts;

(i)  Inform citizens. To inform and educate the citizens of Ojai concerning the historic and architectural heritage of the City by publishing appropriate maps, newsletters, brochures, pamphlets, websites, and social media information, and by holding programs and seminars according to a workplan and budget authority approved by Council;

(j)  Markers. To determine which designated landmarks, historic districts and points of historical interest shall be marked with uniform and distinctive markers;

(k)  Nominate landmarks. To nominate landmarks and historic districts to the National Register of Historic Places as approved by Council, and to review and comment on any National Register nominations submitted to the Historic Preservation Commission upon request of the Mayor or Council;

(l)  Preservation of landmarks and points of historical interest. To take the steps necessary to preserve such landmarks and points of historical interest not in conflict with the public health and safety consistent with City policies and protocols. Such steps may include the creation of civic and citizens’ committees; the establishment of a private fund for the acquisition or restoration of declared landmarks and points of historical interest; and the recommendation that such declared landmarks and points of historical interest be acquired by a governmental agency where private acquisition is not feasible;

(m)  Review Mills Act agreements. To review proposed initial and renewed Mills Act agreements and provide a recommendation to the Council regarding acceptance of Mills Act agreements, under Title 4, Chapter 9 of the Ojai Municipal Code;

(n)  Review Conservation Element of the General Plan. To periodically review the Conservation Element of the General Plan and to recommend to the Planning Commission and the Council any amendments appropriate for the protection and continued use of landmarks or property and structures within historic districts;

(o)  Review proposed amendments, etc. At the request of the Council or Planning Commission, review proposed zoning amendments, applications for permits, or applications for zoning variances that affect proposed or designated landmarks and historic districts. Review and comment within thirty (30) days of submission for the public record of any and all historic resources reports prepared for any other development project requiring a design review permit, conditional use permit, development agreement, or other zoning code permit;

(p)  Rules and regulations. To adopt such rules and regulations as are necessary to carry out the purpose and intent of this chapter;

(q)  Surveys. To conduct surveys of potentially significant properties, structures, or sites according to workplan and budget approved by Council.

(§ 2, Ord. 893, eff. April 11, 2019)

Any building, property, cultural feature, or natural feature with historic, architectural, cultural, or aesthetic significance or interest within the City of Ojai or Sphere of Influence (LAFCO definition) by agreement with the County of Ventura may be nominated for landmark status if it meets one or more of the criteria in Section 4-8.07. Nominations shall be made to the Historic Preservation Commission on a form prepared by it and may be submitted by a member of the Historic Preservation Commission, owner of record of the nominated property or structure, the City Council, or any other person or organization domiciled within the Ojai Area of Interest as defined by Ventura Local Agency Formation Commission (LAFCO).

(§ 2, Ord. 893, eff. April 11, 2019)

The Historic Preservation Commission shall, upon such investigation as it deems necessary, make a determination as to whether a nominated property(ies), structure(s), or site(s) meets one or more of the following criteria:

(a)  Its character, interest, or value as part of the historic development, heritage, or cultural characterization of the community;

(b)  Its identification with a person or persons who significantly contributed to the development of the community;

(c)  Its embodiment of distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of indigenous materials;

(d)  Its identification as the work of a master builder, designer, architect, or landscape architect whose individual work has influenced the development of the community;

(e)  Its embodiment of elements of design, detailing, materials, or craftsmanship that render it architecturally significant;

(f)  Its embodiment of design elements that make it structurally or architecturally innovative;

(g)  Its unique location or singular physical characteristics that make it an established or familiar visual feature; and

(h)  Its suitability for preservation or restoration.

In addition to the above criteria, any structure, property, or site that meets one or more of the above criteria shall also have sufficient integrity of location, design, materials, and/or workmanship to make it worthy of preservation or restoration.

A proposed landmark shall have historic, aesthetic, or special character or interest for the community as a whole and not be limited to the benefit of an individual, group, or personal special interest.

A proposed landmark designation shall not require the expenditure by the City of any amount of public funds not commensurate with the value to the community as a whole of the structure, property, or site to be preserved.

Proposed landmark designations shall not infringe upon the rights of a private owner thereof to make reasonable uses thereof which are not in conflict with the purposes of this chapter.

(§ 2, Ord. 893, eff. April 11, 2019)

(Downloaded December, 2023)

(a)  The purpose of this chapter is to implement the provisions of California Government Code Sections 50280, et seq. (the “Mills Act”). The Mills Act authorizes local governments to enter into contracts with owners of private historic landmark property who will rehabilitate, restore, preserve and maintain qualified historic property. In return for a property owner’s commitment to pursue the rehabilitation, restoration, preservation and maintenance of the qualified historic property, the City intends to facilitate certain property tax reductions in accordance with Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division I of the California Revenue and Taxation Code.

(b)  The City contains numerous historic buildings, which add to its character and identity. Some of these buildings may have not been adequately maintained over time, may be structurally deficient or may need rehabilitation. The costs of properly rehabilitating, restoring, preserving and maintaining historic buildings may be prohibitive for property owners. Implementation of the Mills Act as provided by this chapter is intended to serve as an incentive to property owners to preserve and maintain historic landmark property.

(c)  The procedures established herein are further intended to balance the benefits of the Mills Act to the individual property owners and the historic value of individual buildings proposed for historic landmark property agreements with the potential cost to the City in providing the property tax reductions set forth in the Mills Act.

An owner, or an authorized agent of the owner, of a qualified historic landmark property may apply for a historic landmark property agreement. For purposes of this chapter, “qualified historic landmark property” shall mean privately-owned property which is not exempt from property taxation and which is one (1) of the following:

(a)  Individually listed in the National Register of Historic Places or the California Register of Historic Resources; or

(b)  Designated as a City historic landmark property pursuant to Chapter 8 of Title 4 of this Code.

An owner, or an authorized agent of an owner, of a qualified historic landmark property may submit an application for a historic landmark property agreement to the Community Development Director on forms provided by the Director. (All further references to the “Director” in this chapter are references to the City Community Development Director, or the Director’s designee, unless specifically indicated to the contrary herein.) The property owner shall provide, at a minimum, the following information and documentation on or with the application:

(a)  The address and location of the qualified historic landmark property;

(b)  Evidence that the property is a qualified historic landmark property;

(c)  A legal description of the property;

(d)  A title report or other evidence of the sufficiency of the applicant’s legal or equitable interest in the property;

(e)  The nature and cost of any rehabilitation, restoration or preservation work to be conducted on the property;

(f)  A plan for continued maintenance of the property; and

(g)  Any further information the Director determines necessary to make a thorough evaluation of, and recommendation on, the proposed historic landmark property agreement in accordance with the purposes of this chapter.

(a)  Historic Preservation Commission review. After the Director determines that the application meets the minimal requirements of Section 4-9.03 and is otherwise complete, the Director shall refer the application to the Historic Preservation Commission (“HPC”) for its review and recommendation. The HPC shall hold a public hearing to review the application for the historic landmark property agreement and shall make its recommendation to the City Council as to the historic value of the qualified historic landmark property, any proposed rehabilitation, restoration or preservation work and any proposed preservation restrictions and maintenance requirements.

(b)  City Council decision. Following review by the HPC, the City Council shall conduct a public hearing to review the HPC recommendation, the information provided by City staff, and any other information the City Council determines to be necessary or desirable in order to decide whether the City should execute an historic landmark property agreement for a particular property. The City Council reserves authority, and shall have full discretion, to determine whether it is in the public interest to enter a Mills Act historic landmark property agreement with the owner of a particular qualified historic landmark property. Following the completion of the public hearing, the Council may approve, disapprove or modify and approve the terms of the proposed historic landmark property agreement or continue its deliberations on the agreement to a subsequent meeting. Upon approval, the City Council shall authorize the City Manager to execute the historic landmark property agreement.

(c)  Recording. No later than twenty (20) days after the City enters into a historic landmark property agreement the City Clerk shall transmit a copy of the agreement to the office of the Ventura County Recorder for recordation.

(d)  Hearings. Notice of the public hearings required by this section shall be given in accordance with the requirements for notice by publication set forth in Government Code Section 65091, as amended from time to time, and to any interested person or organization that has previously submitted a written request for such notice.

(a)  The historic landmark property agreement shall set forth the agreement between the City and the property owner that, as long as the property owner properly rehabilitates, restores, preserves and maintains the qualified historic landmark property as set forth in the agreement, the property shall be eligible for reassessment of valuation in accordance with Article 1.9(commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, provided that the Ventura County Assessor determines that those provisions of the Revenue and Taxation Code are applicable to the property in question. A historic landmark property agreement shall further include, at a minimum, the following provisions:

(1)  The term of the agreement, which shall be for a minimum of ten (10) years;

(2)  The owner’s commitment and obligation to preserve, rehabilitate, restore and maintain the historic landmark property in accordance with the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation and the United States Secretary of the Interior’s Standards for the Treatment of Historic Properties;

(3)  Permission for periodic examinations of the interior and exterior of the qualified historic landmark property to be conducted by persons representing the Director and/or the City’s Building Inspector, the Ventura County Assessor, the Office of Historic Preservation of the California Department of Parks and Recreation and the State Board of Equalization as may be necessary to determine the owner’s continuing compliance with the historic landmark property agreement;

(4)  That the historic landmark property agreement is binding upon, and shall inure to the benefit of, all successors-in-interest of the owner;

(5)  An extension to the term of the agreement so that one (1) year is added automatically to the initial term of the agreement on the anniversary date of the agreement or such other annual date as specified in the agreement unless notice of non-renewal is given as provided in the Mills Act and in the historic landmark property agreement;

(6)  Agreement that the City may cancel the agreement, or pursue whatever other legal or equitable remedies it deems necessary or desirable for enforcement of the agreement, when the City Council finds that the owner has breached the terms of the agreement; and

(7)  The property owner’s indemnification of the City for, and agreement to hold the City harmless from, any claims arising from any use of the historic landmark property.

(b)  The City and the qualified historic landmark property owner shall comply with all provisions of the Mills Act, including any amendments thereto that may be enacted from time to time. The Mills Act, as amended from time to time, shall apply to the historic landmark property agreement process and shall be deemed incorporated into each historic landmark property agreement entered into by the City.

Sec. 4-9.06. 

Cancellation of the historic landmark property agreement by City.

See City of Ojai municipal code.

Sec. 4-9.07. 

Non-renewal of the historic landmark property agreement.

See City of Ojai municipal code.

(a)  The City Council may determine the amount of, and impose, a fee to compensate the City for processing and administering an application for a historic landmark property agreement. The fee shall be no more than one hundred (100%) percent of the amount needed to compensate for the time and materials required to process the application, based upon the estimated actual costs to perform the work, including, but not necessarily limited to, the costs of the Community Development Department, the City Attorney, and the Finance Department.

(b)  The City may also impose a separate fee, following approval of the historic landmark property agreement, to compensate the City for the actual costs of inspecting the qualified historic landmark property and enforcing the historic landmark property agreement.

(c)  Failure to pay any application or inspection fees shall be grounds for rejection of an application for a historic landmark property agreement, or canceling a historic landmark property agreement, as applicable.

The incentives provided by this chapter are intended to be but one (1) means of preserving historically significant properties in the City and the City Council reserves its authority to make any other reasonable arrangements to preserve designated historic landmarks. These may include, by way of example, but without limitation, establishment of a private or public fund for preservation of historic landmarks or other contractual agreements with property owners for the maintenance and preservation of facade easements or public access to the structure.

( Added to website December, 2023)