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Home My WebLink AboutAGENDA REPORT 1994 0615 CC REG ITEM 11NPLY ITEM AGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council FROM: Jaime R. Aguilera, Director of Comm4nity Developme66 —/ Kathleen Mallory, Associate Planner K AA DATE: June 10, 1994 (CC meeting of June 15, 1994) SUBJECT: CONSIDER THE CULTURAL HERITAGE ORDINANCE TO BE CODIFIED AS TITLE 15, ENTITLED BUILDINGS AND CONSTRUCTION, CHAPTER 15.28, ENTITLED HISTORIC PRESERVATION, OF THE MOORPARK MUNICIPAL CODE BACKGROUND On June 21, 1993, the Planning Commission adopted Resolution Number 93 -279 recommending City Council adoption of the Historic Preservation Ordinance. On July 21, 1993, the City Council considered the Historic Preservation Ordinance and continued its discussion to August 4, 1993. Due to changes made to the Ordinance after Planning Commission review, on August 4, 1993, the City Council directed staff to: delete Section 15.28.035 (Role of the Advisory Board); submit the Ordinance for review to the City Attorney; place the revised Ordinance on the September 7, 1993 Planning Commission agenda; and return the Ordinance and accompanying resolution to the City Council at their September 22, 1993 meeting. The Council also expressed an interest in obtaining a report on the fiscal impact relative to how -nuch property tax would be lost due to adoption of a Mills Act Contract. The purpose of this staff report is to present the revised Ordinance, pursuant to the City Attorney's review, to report the Planning Commission's action, and to provide the City Council with information pertaining to the fiscal impacts of land subject to the Mills Act. Additionally, the accompanying resolutions are being provided for the adoption of a financial incentives package and the Historic 'reservation Ordinance. DISCUSSION Review by the Planning Commission On September 7, 1993, at the direction of the City Council, the Planning Commission considered the proposed Historic Preservation Ordinance. The Commission recommended adoption of the Ordinance which had been reviewed by the City Council. However, the Commission requested that on September 14, 1993, staff report back to the KMP- 06 -19 -94 (2:15 pm) AACULT6- 15.RPT The Honorable City Council June 10, 1994 Page 2 Commission regarding Cultural Heritage Ordinances in other cities in the County. At the September 14, 1993 meeting, staff reported that five (5) cities (the cities of Santa Paul, Thousand Oaks, Camarillo, Ventura, and Ojai) have their own Cultural Heritage Board and that four (4) cities (the cities of Filimore, Simi Valley, Port Hueneme and Oxnard) utilize the County of Ventura's Cultural Heritage Ordinance and Cultural Heritage Board. At this meeting, the Commission recommended that if the City was to adopt a Historic Preservation Ordinance, the Planning Commission should act as the decision - making body for the City of Moorpark. However, if the City Council did not adopt the Historic Preservation Ordinance, then the Commission recommended that the County's Cultural Heritage Board act as the decision - making body for the City of Moorpark. The attached Ordinance has been modified due to City Attorney review, since the Commission's last review; therefore, the Council may determine that the attached Ordinance should be presented to the Comr-iission prior to consideration by the City Council. Review by the City Attorney Since September 1993, the City Attorney has been reviewing the Historic Preservation Ordinance. Upon receipt of comments from her most recent review, staff met with the City Attorney and drafted ordinance language which met her acceptance. Revisions to the Planning Commission draft Ordinance in response to the City Attorney's comments have been made in legislative format; recommended additions have been redlined, and recommended deletions have been struck ou,, see Attachment Number 1. Summary of the Modified Ordinance Staff has modified the Ordinance (based upon the City Attorney's comments), deleting text and adding /modifying text language for clarity. The notice requirement for Public Hearings (Section 15.28.050) was changed to be consistent with the City's public hearing noticing requirements. The procedure for designating a landmark district has been deleted (Section 15.28.070), because the procedure is the same as that which is outlined in the Landmark Designation Section of the Ordinance (Section 15.28.060). Staff would like to point out, that as currently written the Planning Commission would act as the Historic Preservation Commission with decisi( ins being appealed to the City Council. KMP -06 -19 -94 (2:15 pm) A:\CULT6- 15.RPT The Honorable City Council June 10, 1994 Page 3 Fiscal Impact Analysis Report Residential Parcels When a Mills Act contract has been initiated for a parcel, the land is appraised by the County Assessor at its rent producing value (or Income Capitalization Value). Normally tax assessment is based upon the parcel's value on the open market or unrestricted sale. The income capitalization value is based upon a stipulated rate of return, which is a percentage; this rate of return is determined by the State of California every year. The tax rate is computed against the assessed value through a Mills Act contract. Special assessments are not affected by the Mills Act (e.g., lighting or landscaping assessment districts). All parcels subject to a Mills Act contract are annually appraised on assessment -lien date (March 1 st). Without appraising a specific parcel, it is difficult to determine the parcel's income capitalization value (tax rate value) and corresponding assessment in order to determine the percentage of property tax lost by the City. For a single family home, generally, the tax revenue received by the City would be reduced by approximately 1/2 or 1/3 of the City's share of property taxes, those being about 15% of the total property taxes collected by the County. Commercial /Industrial Parcels Improved commercial and industrial property is valued on the income it can produce - in other words, the assessed value is based ipon the same income approach. Examples of Fiscal Impact A Mills Act Contract results in a lower property tax assessment for a parcel; therefore, two identical homes may have different assessment values if one home is subject to a Mills Act exemption. A generalization of the tax rate areas percent of distribution based upon tax increment ratios for property tax is: 47.49% to the Ventura County Special District, 25% to the Moorpark Unified School District, 7.88% to the City of Moorpark, 5.8% to the Ventura County Community College District, and 13.83% to others (see attached Ratio Report). KMP -06 -19 -94 (2:15 pm) A:ICULT6- 15.RPT The Honorable City Council June 10, 1994 Page 4 An example of how much money would be lost for residential and commercial /industrial parcels subject to a Mills Act Contract, is as fellows: Residential Parcels, without a Mills Act Exemption $100,000.00 (Assessed Home Value) x 1 % (Assessed Property Tax) _ $ 1,000.00 paid in property taxes. Of the $1,000.00 paid in oroperty taxes, $474.90 would go to the County, and $78.88 would go to the City. Residential Parcels, with a Mills Act Exemption $60,000.00 (Assessed Mills Act Home Value) }, 1 % (Assessed Property Tax) = $600.00 paid in property taxes. Of the $600.00 paid it property taxes, $284.94 would go to the County and $47.33 would go to the City. Therefore, for a Mills Act Contract on a residential parcel, the City would loose roughly 40% ($78.88 - 47.33 = $31.55) of what it would have normally collected for the non -Mills Act home ($31.55 / $78.88 = .40). Commercial /Industrial Parcels, without a Mills Act Exemption $250,000.00 (Assessed Value) x 1 % (Assessed Property Tax) = $2,500.00 paid in property taxes. Of the $2,500.00 paid in pr )perty taxes, $1,187.25 would go to the County and $197.00 would go to the City Commercial /Industrial Parcels, with a Mills Act Exemption $150,000.00 (Assessed Mills Act Value) x 1% (Assessed Property Tax) = $1,500.00 paid in property taxes. Of the $1,500.00 paid in Droperty taxes, $712.35 would go to the County and $118.20 would go to the City Therefore, for a Mills Act Contract on a commercial /industrial parcel, the City would loose roughly 40% of what it would have normally (' -)Ilected for a non -Mills Act home ($78.88 / $197.00 = .40) . KMP -06 -19 -94 (2:15 pm) A:\CULT6- 15.RPT The Honorable City Council June 10, 1994 Page 5 Financial Incentive Package In many communities, financial incentives are created in order to encourage property owners to seek historic status within the community. These incentives can include: 1) reducing building plan check fees; 2) establishing a specified plan check review period; 3) provide Mills Act agreements between the City and property owner reducing property tax of designated landmarks; and 4) establishing a landmark plaque program. Should the City Council wish to adopt some or all of these incentives, the Council may do so in the form of a resolution (see Attachment Number 2). The Mills Act, a historic preservation incentive program, provides property tax relief for owners while allowing city governments to preserve historic land and structures. The Mills Act can be implemented as a community -widc- program which deals with eligible sites on a case -by -case basis, For the owner of historic property, the Mills A.-t is preferable to other preservation plans because it is completely voluntary. Additionally, it gives owners the valuable opportunity to receive tax relief in an expensive California eal estate market. Given the fact that the tax valuation is passed on to the new owner, t•)e Mills Act can be used as a selling point. Modeled after the Williamson Act, the Mills X-t of 1976 required that a twenty (20) year contract be signed between the owner anC the City government. Provisions of the contract include the requirement that the prof )erty be opened to the public, on a limited basis, for tours. Additionally, the property v. as to be open to City officials desiring to check on contract compliance. After receiving little response to the Act, in 1985 the Act was amended to delete many of the requirements and reduce the length of V e contract to ten (10) years. Additionally, the amended Act does not require the propF -ty to be open to the public. There are some clear advantages offered to a city by the amended Mills Act. Although the owner is bound to the contract with the City, all taxing agencies not just the City share the financial impact of the tax relief. This allows City government to further their communities historic preservation interests regardless of their economic status. A certain degree of security is offered to the City govern iment in the form of a stiff penalty imposed upon the owners who prematurely remove themselves from a contract. A fine of twelve percent (12 %) of the assessed value of the r roperty is charged by the County. KMP- 06 -19 -94 (2:15 pm) A:%CULT6- 15.RPT The Honorable City Council June 10, 1994 Page 6 Due to revisions in the Act and the existing penalties, it is unlikely that an owner would attempt to withdraw from the contract. Additionally, the ten (10) year contract is automatically renewed every year, which makes the procedure for termination a ten (10) year process. RECOMMENDATIONS 1. Approve the attached Financial Incentive Resolution, after the Ordinance is adopted, to be effective the date that the Historic Preservation Ordinance is effective, in order to encourage the preservation of historic resources within the City; 2. Direct staff to prepare and to present to the City Council a draft fee resolution for reimbursement by landmark applicant's of City Attorney costs, and staff's 15% administrative fee, to draft a citywide Mills Act Agreement and estimated cost for review of an Agreement for a landmar 3. Introduce for first reading of the attar led ordinance to be codified as Title 15, entitled Buildings and Construction, C" lapter 15.28, entitled Historic Preservation, of the Moorpark Municipal Code. Attachments: 1. Resolution adopting the Financial Incentives Package 2. Historic Preservation Ordinance 3. Ratio Report KMP -06 -19-94 (2:15 pm) A: \CULT6- 15.RPT RESOLUTION NO. 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA ADOPTING A FINANCIAL INCENTIVE PACKAGE FOR THE IMPLEMENTATION OF THE MOORPARK HISTORIC PRESERVATION ORDINANCE WHEREAS, on June 21, 1993, the Planning Commission adopted Resolution Number 93 -278 recommending City Council adoption of the Historic Preservation Ordinance, including the financial incentive associated with promotion of historic preservation; and WHEREAS, Historic Preservation allows the City to recognize and protect historic resources within the City and the Resolution vAl encourage voluntary implementation of the Historic Preservation Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE DETERMINE, AND AUTHORIZE AS FOLLOWS: SECTION 1. The City Council adopts he following incentives designed to entice owners of historically significant property to i quest historic designation: 1. Reduction of building plan check fees for "work" (as defined in the Historic Preservation Ordinance) construction on a designated Landmark structure or within a Historic District which equal, approximately 20 percent (20 %) of the construction permit. 2. Establish a target of a maximum of on( week for plan check and review of routine matters for designated landmarks 3. Direct City Attorney and staff to develc)p a Mills Act agreement upon the request of an owner of a property designated ,:�s a Historic Landmark and property owner reducing property tax of designated 1; :ndmarks for ten year periods. 4. Establish a fee to be paid for by lanomark applicant's for the reimbursement of City Attorney costs association with tr e creation of the Agreement and review of Agreement applications. 5. Establish a plaque program that provides for installation of approved plaques on Historic Landmarks. SECTION 2. This Resolution shall become effective only upon adoption and passage of the Ordinance adopting the Historic Preservation Ordinance to be codified as Title 15, Buildings and Construction, Charter 15.28, entitled Historic Preservation, of the Moorpark Municipal Code. PASSED AND ADOPTED on this __ day of , 1994. Paul W. Lawrason, Jr., Mayor ATTEST: Lillian Hare, City Clerk ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE BY ADDING CHAPTER 15.28, ENTITLED HISTORIC PRESERVATION TO TITLE 15, BUILDINGS AND CONSTRUCTION WHEREAS, on June 21, 1993, the Planning Commission adopted Resolution PC -93 -279 recommending City Council adoption of the Historic Preservation Ordinance; and WHEREAS, the City of Moorpark wishes to promote the economic and general welfare of the City of Moorpark by preserving and protecting historic resources, whether publicly or privately owned; and WHEREAS, the City Council of the City of Moorpark believes that designating historic resources for preservation is desirabi, ; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 The Moorpark Municipal (: ;ode is amended by adding Chapter 15.28, entitled Historic Preservation, to Title 15, Buii sings and Construction. SECTION 2. THE MOORPARK MUNICIPAL CODE IS AMENDED BY ADDING CHAPTER 15.28 TO READ AS FOLLOWS: TITLE _ 15 BUILDINGS AND CONSTRUCTION Chapters: 15.28. Historic Preservation Chapter. 15.28 HISTORIC PRESERVATION Sections: 15.28.010 Purpose 15.28.020 Definitions 15.28.030 Establishment of a Historical Preservation Commission 15.28.040 Powers and Duties of the Historical Preservation Commission 15.28.050 Public Hearings 15.28.060 Landmark Designation 15. 28..070 15.28.880:070 Designation of a Certificate of Appropriateness for Work Affecting Landmarks 15.28.090 !;080 Dangerous Conditions 15.28.08 ..090 Duty to Keep in Good Repair Section 15.28.010 Purpose The purpose of this Chapter is to provide for the identification, protection, enhancement, perpetuation and use of historic landmarks within the City that reflect special elements of the City's historical her +age and iR ewer to promote the general welfare by: A. Encouraging public knowledge. understanding, and appreciation of the City's past; B. Fostering civic pride in the beauty and personality of the City and in the accomplishments of the City's past, C. Safeguarding the heritage of tho City by protecting landmarks which reflect the City's history; D. Protecting and enhancing property values within the City and increasing economic and financial benefits to the City and its inhabitants; E. Identifying as early as possible and resolving conflicts between the preservation of historical landmarks and alternative land uses; F. Preserving historic building materials through maintenance and restoration of existing historical landmarks; G. Taking whatever steps are reasonable and necessary to safeguard the property rights of the owners whose building or structure is declared to be a landmark; H. Promoting the use of landmarks for the education and enjoyment of the people of the City; and Promoting awareness of the economic benefits of historic preservation. Section 15.28.020 Definitions € A. "Certificate of Appropriateness" is the permit granted upnitnll�ctic,rt to perform!wark after review by the p►recfQrr uponrpl by the Historical Preservation Commission or the : ty Gc�ur�c {. perform _WOFk-_ G.B. "Demolition" means destroying n whole or in part, a landmark. B "Director" means the Director of the Department of Community Development. €.;D' "Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs, and other textures appurtenant to such improvements. E. "Landmark" means a building, site, tree, or structure of significant, historical importance which has received the designation of landmark by resolution of the Planning Commission ■ O F. "Relocation" means any change )f the location of a landmark in its present siting or to another site. f "Restoration" means the act of accurately recovering the form and details of a landmark as it appeared at a particular period of time by means of the removal of later work or the replacement of missing or earlier work. J H. "Site" means a lot or a portion of a lot upon which the landmark is located or the site can be a landmark itself Section 15.28.030 Establishment of a Historical Preservation Commission The members of the Planning Commission shall act as the Historical Preservation Commission. The staff of the Department of Community Development shall serve as staff to the Historical Preservation Commission Section 15.28.040 Powers and Duties _ of the Historical Preservation Commission The Historical Preservation Commission shall have the following powers and duties: A. To designate a landmark as pr )vided herein. B. To oversee and review surveys inventories, registers and other information prepared consistent with this Chapter; C. To maintain a local register of -3ndmarks; D. To review and comment upon the conduct of land use, housing, redevelopment, municipal improvement, and other types of planning and programs as they relate to a landmark in the City; E. To investigate and report to the City Council on the use of various federal, state, local, county, and private funding sources and mechanisms available to promote landmark preservation in the City; F. To cooperate with local, county, state and federal governments and private organizations in the pursuit of the objectives of historic preservation; G. To keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, recommendations and decisions; H. To participate in, promote, and conduct public information, educational, and interpretive programs pertaining to historic preservation; To meet at least annually to review the status of landmarks and prepare an annual report for the City Coup, 0. Section 15.28.050 Public Hearings A. Notice Whenever a public hearing is required oy this Chapter, the owners of the property within "a:thre> hundred doj: �g the subject property, -and the property »::, ;::::: en notice b ownerirtt ;: <;>fEv[< <<paz <:f;iy; shall be given thirty (3A) days written y �. _. . .: registered mail, of the public hearing. Posting of the subject site shall be consistent with the City's posting policies. Notice shall also be advertised once, not less than ten (10) days or more than twenty (20) days prior to the hearing, in a newspaper of general circulation. The notice shall state the time, date and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected and the street address, if any, of the subject property. Any person requesting to be notified of a proposed landmark designation shall be notified of the hearing to be conducted by the Historical Preservation Co, emission or. tle City! CQUrcil. B. Failure to Receive Notice The failure of any person to receive notice of pM 1.0. heaQ % given pursuant to this section; shall not constitute grounds for any court to invalidate the action for which the notice was given. C. Continued Hearing Any public hearing conducted pursuant to this chapter may be continued from time to time within the prescribed time limits. D. Appeals 1. An application for an appeal concerning any decision of the Historical Preservation Commission may be filed by an aggrieved party within sixteen (16) calendar ° i or on the following workday if days after the alleged t<tffE% decision :.:. the sixteenth day falls on a weekend or holidays7t{pau' >E1t on forms provided by the Department of Community Development: a Tb <ppliant Mft'pa' an appeal fee set by resolution of the City Council. The notice of appeal shall state the grounds for the appeal. The (..,ity Council shall be the decision - making body in considering an appeal of from the Historical Preservation Commission d. 2. The City Council shall hold a FneetiRg public I ear ng on the appeal and shall approve, conditionally approve or deny the requests fOr deSigRat appeal within thirty (30) days after the notice of appeal was filed, an additional fifteen (15) day period may be granted if mutually agreed upon by the applicant and the City Council Th deo1stor Section 15.28.060 Landmark Designation A. Procedures 1. An application to designate or de- designate a building, site, tree or structure as a landmark shall be made, on forms prescribed by the Department of Community Development, by the property owner or with the written consent of the property owner(s). The application shall be filed with the Department of Community Development with a fee as established by City Council resolution, The Historical Preservation Commission may initiate an application on its own motion )nly if the proposed landmark is to be demolished within six (6) months. 2. The Historical Preservation Commission shall hold a public hearing on the application within forty -five (45) days after the application was accepted as complete and render a decision within six (6) months of application completeness add T.T dee�st n M B. Criteria A building, site, tree, or structure may oe designated as a landmark if it is found that the proposed landmark meets one or more of the following criteria: 1. It is associated with persons or - events significant in local, state or national history. 2. It reflects or exemplifies a particL iar period of national, state, or local history. 3. It embodies the distinctive characteristics of a type, style or period of architecture or of a method of onstruction. 4. It is strongly identified with a person or persons who significantly contributed to the culture, histc y, cr development of the area. 5. It is one of the few remair ping examples in the area possessing distinguishing characteristics c, an architectural type of specimen. 6. It is a notable work of an architect or master builder whose individual work has significantly influenced the development of the area. 7. It embodies elements of architectural design, detail, materials, or craftsmanship that represents ; significant architectural innovation. 8. It has a unique location or singralar physical characteristics representing an established and familiar visual fF,ature of a neighborhood, community, or the area. 9. It has unique design or detailir g. 10. It is a particularly good examp e of a period of style. 11. It contributes to the historical 01 scenic heritage or historical or scenic properties of the area (to include, but not limited to landscaping, light standards, trees, curbing, and signs) C. Temporary Stay on Building Permits Pending Designation D. Removal of Designation A landmark designation may be removed from a building, site, tree or structure pursuant to the procedure set forth in Sectior 15.28.060, subsection A of this Chapter. The landmark designation of a building, site, tree or structure may be removed if r euewF}� arse O . trtt r - the-46 I wing findings can be made: 1. It is no longer associated with i .ersons car events significant in local, state or national history. 2. It no longer reflects or exemplifies a particular period of national, state, or local history. 3. It no longer embodies the distinctive characteristics of a type, style or period of architecture or of a n ethod of construction. 4. It is no longer strongly identifies with a person or persons who significantly contributed to the culture, hist( ry or development of the area. 5. It is no longer one of the few remaining examples in the area possessing distinguishing characteristics c, an architectural type of specimen. 6. It is no longer a notable wore, of an architect or master builder whose individual work has significantly,.,, influenced the development of the area. 7. It no longer embodies elements of architectural design, detail, materials, or craftsmanship that represents a significant architectural innovation. 8. It no longer has a unique location or a singular physical characteristics representing an established and familiar visual feature of a neighborhood, community, or the area. 9. It no longer has a unique design or detailing. 10. It is no longer a particularly goad example of a period of style. 11. It no longer contributes to the historical or scenic heritage or historical or scenic properties of the area (to include, but not limited to landscaping, light standards, trees, curbing, -ind signs ). ,. - = •" -• ': a �e �. .. - -- - - - '" - • a • - - - 9 WMA - - NNE .� _ _ - -- •o- .. .. .. IN -.. 10 _ _. dl Alm - --- 11 dl Alm - --- 11 _ �_ Section 15.28.989 .0 10 Certificate of Appropriateness for Work Affecting Landmarks A. Certificate of Appropriateness Required It shall be unlawful for any person to perform work te the exte Df ip' any landmark without first obtaining a Certificate of Appropriateness in the manner provided for in this section, in addition to any permit required by Title 15 of this Code. B. Certificate of Appropriateness Procedures 1. Application a. The application for a Certificate of Appropriateness shall be made on forms prescribed by the Department of Coma unity Development - no public noticing is required. b. The applicant shall submit, together with the application for work;: all plans, materials and documents that are reasonably necessary andequcred bythe Director, for proper review of the proposed w )rk 12 a. n.V -1 .r tal r ie v f the pf�catrflr €s pmpiet The decision shall be in writing and shall be based upon written findings of fact. The decision shall be final unless appealed in accordance with subsection F of this section C. Criteria 1. Work Other Than Relocation or Demolition A Certificate of Appropriateness for work shall be approved, with or without conditions, if it is found that: a. The proposed work will not destroy, detrimentally alter or adversely affect any exterior architectural feature that is described in the resolution of the Historical Preservation Commission designating the landmark; and b. If the proposed work will not have an adverse effect on, and will be compatible with, any exterior architectural feature that is described in the resolution of the Historical Preservation Commission designate ig the landmark. 2. Relocation A Certificate of Appropriateness for, relocation shall be approved with or without conditions, if it is found that: a. The landmark can be moved vvithout significant damage to its physical integrity; and b. The relocation is not inconsistent with the criteria upon which the landmark was designated, as described in the resolutior of the Historical Preservation Commission designating the landmark. 3. Demolition Demolition of a landmark constitutes an irreplaceable loss to the quality and character of the City. Therefore, no Certificate of Appropriateness for demolition shall be approved, with or without conditions, unless 1, is found that: a. Disapproval of the Certificate of Appropriateness would deprive the property owner of substantially all beneficial use of the landmark site; or b. There are unusual circumstances that compel the need for demolition of the landmark; or 13 C. The merits of the proposed replacement project outweigh the historic value of the landmark. D. Negotiations Prior to Decision on Application for Demolition organizations 'ie Director shall explore with the officials and local preservation .3. The application for a Certificate of Appropriateness for demolition shall be deemed withdrawn by the applicant, if durir g the negotiation period, any one of the following occurs: a. The property owner enters in, ) a binding contract for the sale of the landmark; or b. A Certificate of Appropriateness for relocation of the landmark is approved or conditionally approved in accordance witf this section; or C. The City or other duly authorized public entity determines to condemn the property and take it by the power of eminem domain E. Showing of Hardship 1. Notwithstanding the criteria se, forth in subsection C of this section, a Certificate of Appropriateness for work shall tie approved, with or without conditions, if it is found that denial of the Certificate of A[) prop riateness would cause the applicant unreasonable hardship. 2. The applicant shall bear the burden of claiming and establishing unreasonable hardship. The person or body that is considering the claim of unreasonable hardship may require that the applicant, or appellant upon appeal, to furnish information relevant to the claim in addition to the information that is required by subsection B.1 of this section. 3. Information that may be considered in determining whether unreasonable hardship exists includes, but is not limited tc the following: 14 a. Bona fide efforts to rent or sell the landmark prior to the time that the application for the Certificate of Appropriateness was filed were unsuccessful; b. Without the work for which the Certificate of Appropriateness is sought the landmark or the landmark site cannot be rented or sold at a reasonable rate of return; C. Because of personal, economic or technical circumstances, work cannot be performed in a manner that satisfies the criteria set forth in subsection C of this section; or d. The regulations and standards set forth in the City's Zoning Ordinance or Building Codes preclude work in a manner that satisfies the criteria set forth in subsection C of this section. F. Appeal of the Dirttr' Decision 1. The applicant for a Certificate :)f Appropriateness, or the owner of the landmark, ; s t :a aggr r d p t1y, may appeal the decision of the Qirector to the Historical Preservation Commission by filing a notice of appeal with the Department of Community Development withir ten (10) days after the Director rendered the decision. The notice )f appeal shall state the grounds for the . appeal 2. The Historical Preservation Commission shall hold a meetiRg p l a ` arir on the appeal and shall approve, conditionally approve or deny the Certificate of Appropriateness within fifteen (15) days after the notice er of appeal was filed, an additional fifteen (15) day period may be granted if mutually agreed upon by the appl+saR appellant. and the Historical Preservation Commission The decision of the Historical Preservation Commission shall be in writing and shall be based upon written findings of fact. The decision shall be final unless appealed in accordance with subsection G;f3. e# G. Appeal of the Historical Preservation Commission's Decision 1. An application for an appeal concerning any decision of the Historical Preservation Commission may be filed by an aggrieved party within sixteen (16) calendar days after the alleged decision of the Historic Commission - making -er , or on the following workday if the sixteenth day falls ors a weekend or holiday on forms provided by the Department of Community Development and after filing of an appeal fee set by resolution of the City Council. The appeal shall state the grounds for the appeal. The City Council shall be the decision - making bocd ✓ in considering an appeal of the Historical Preservation Commission. I� 2. The City Council shall hold a meeting on the appeal and shall approve, conditionally approve or deny the Certificate of Appropriateness within thirty (30) days after the notice of appeal was filed; an additional fifteen (15) day period may be granted if mutually agreed upon by the applicant and the City Council. The decision shall be in writing, shall be based upon findings of fact, and shall be final. Chapter 15.28.090.0_ Dangerous Conditions Nothing in this chapter shall be construed to prevent any work that is necessary to correct or eliminate the unsafe or dangerous condition of any designated or proposed landmark, or such conditions as have been declared unsafe or dangerous by the Department of Building and Safety, provide i that the work has been ordered by the Department of Building and Safety. Chapter 15.28.4-00 19t? Duty to Keep in Good Repair The owner, occupant, or other person in actual charge of a landmark shall keep in good repair the exterior of the landmark, when subject to control as specified in the resolution of the Historical Preservation Commission designating the landmark, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of the exterior SECTION 3. If any section, subsectioi i, sentence, clause, phrase or word of this Ordinance is for any reason held to be in ,/alid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance and eacr and all portions thereof, irrespective of the fact that any one or more of said portions m ay be declared invalid or unconstitutional. SECTION 4. This Ordinance shall b- come effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published in the Moorpark News - Mirror, a weekly newspaper of general circulation, as defined in Section 6008 of the Government C )de, for the City of Moorpark, and which is hereby designated for that purpose. 1 E: PASSED AND ADOPTED this _ _ day of , 1994. ATTEST Lillian E. Hare, City Clerk 17 Mayor of the City of Moorpark, California 008PA8K BDDCVCQJPHCKT AGENCY TAX INCREMENT RATIO REPORT FISCAL YEAR 1�80/1989 SECURED TAX ROLL ENTRY 0.00521200 l988/1989 0O. TAXING AGENCIES RATIO L. MOSQUITO &DATCHOHY SCHOOL DEVELOPMENT DISTRICT: O.0l��0l597 2. NOO8pARK UNIFIED VALLEY SOH:S AREA SCHOOL DISTRICT: 0.255799337! 3. CALL8GU&S MUNICIPAL WATER DISTRICT: 0.014314254` 4. VENTURA COUNTY SUPERINTENDENT OF SCHOOLS GENERAL FUND: 0.0046405@� ELEMENTARY SCHOOL PHYSICALLY HANDICAP: 0.00890!90� »' ELEMENTARY SCHOOL v^ SEVERELY MENTALLY RETARDED: 0.001407@1� INSTITUTIONAL CHI.] SCHOOL TAX: 00020Y5�0l� HIGH SCHOOL SEVERELY MENTALLY RETARDED: 0.00521200 SCHOOL CAPITAL OUTLAY: 0.002691:�7D REGIONAL OCCUPATIONAL CENTER SCHOOL TAX: 0.001234161l SCHOOL DEVELOPMENT CENTER: 0.0012202201 MOOR PARK PLEASANT VALLEY SOH:S AREA WIDE: 0 AVE 4 94h, SOBTOTA'�: 0 0M]F4l4 \ `_ ENTRY ' +0. TAXING - AGENCIES - - -- -- - - - - - - - - - - - - - - - -- - - - - - - - - - -- - -- - - - - - - - - - - - - 1988/1989 RATIO 5. VENTURA COUNTY GENERAL FUND: 0.26583449`.4 VENTURA COUNTY LIBRARY DISTRICT: 0.0199572400 VENTURA COUNTY FIRE PROTECTION DISTRICT: 0.171196'107, VENTURA COUNTY FLOOD CONTROL DISTRICT ADMINISTRATION: 0.003029C56� VFENTURA COUNTY FLOOD CONTROL DISTRICT NO. 3: 0.014841E87' SUBTOTAL: 0.4748611E] 6. VENTURA COUNTY COMMUNITY COLLEGE DISTRICT GENERAL FUND: 0,057741463 VENTURA COUNTY COMMUNITY COLLEGE DISTRICT CHILD CENTER: 0.000297794, SUBTOTAL: 0.058039260E 7. CITY OF MOORPARK: 0.01885696'K TOTAL: 1,0000000000 SGEL010A