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HomeMy WebLinkAboutAGENDA REPORT 1994 0706 CC REG ITEM 11CAGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council FROM: Jaime R. Aguilera, Director of Community Developme Kathleen Mallory, Associate Planner DATE: June 10, 1994 (CC meeting of June 15, 1994) ITEM y��� 2 oundlN%ellng 199, 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 much property tax would be lost due to adoption of a Mills Act Contract. The purpose of this staff report is to present ttie 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 Historc '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 wnic.,h had been reviewed by the City Council. However, the Commission requested that or S, ?p:ember 14, 1993, staff report back to the KMP -06 -19 -94 (2:15 Pm) A:ICULT6- 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 Fillmore, 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 L ody for the City of Moorpark. The attached Ordinance has been modifiec 1 due to City Attorney review, since the Commission's last review; therefore, the (;ouncil may determine that the attached Ordinance should be presented to the Con- - nissicn 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 if esponse to the City Attorney's comments have been made in legislative format; recommended additions have been redlined, and recommended deletions have been struck oi. t, 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 c_Iarity. 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 01rdinance (Section 15.28.060). Staff would like to point out, that as currently writter'i t.n& Planning Commission would act as the Historic Preservation Commission with decisic ns 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 1st). 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 upcn 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 assessmA�nt 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 one City of Moorpark, 5.8% to the Ventura County Community College District, and 13. �- 3% 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 k)st for residential and commercial /industrial parcels subject to a Mills Act Contract, is a_� follows: Residential Parcels, without a Mills Act Exemption $100,000.00 (Assessed Home Value) x 1% E, Assessed Property Tax) _ $ 1,000.00 paid in property taxes. Of the $1,000.00 paid i.r property 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, x 1 % (Assessed Property Tax) _ $600.00 paid in property taxes. Of the $600.00 paid in 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 wot Id 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 iri c roperty 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 it property 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 :ollected 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 ar e 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 Attach -nent 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 -wid,J program which deals with eligible sites on a case -by -case basis. For the owner of historic property, the Mills Act 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 real estate market. Given the fact that the tax valuation is passed on to the new owne,, �he Mills Act can be used as a selling point. Modeled after the Williamson Act, the Mills A A 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 property 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 1 985 the Act was amended to delete many of the requirements and reduce the length of tt e contract to ten (10) years. Additionally, the amended Act does not require the prop( --ty to be open to the public. There are some clear advantages offered to i city by the amended Mills Act. Although the owner is bound to the contract with the Cite, afl taxing agencies not just the City share the financial impact of the tax relief. Thi& allows City government to further their communities historic preservation interests r &,, iardless of their economic status. A certain degree of security is offered to the City gover� ment in the form of a stiff penalty imposed upon the owners who prematurely remove tf ,}mselves from a contract. A fine of twelve percent (12 %) of the assessed value of the ; ' operty {. 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 maF� es 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 p ~eservation 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 landma 3. Introduce for first reading of the attacheo ordinance to be codified as Title 15, entitled Buildings and Construction, C apter 15 28, entitled Historic Preservation, of the Moorpark Municipal Code. Attachments: 1. Resolution adopting the Financial Ince ltives 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 'fanning Commission adopted Resolution Number 93 -278 recommending City Cour ;il adoption of the Historic Preservation Ordinance, including the financial incentiv-s associated with promotion of historic preservation; and WHEREAS, Historic Preservation allows the City to recognize and protect historic resources within the City and the Resoluticr will 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 the following incentives designed to entice owners of historically significant property to equest 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 cm week far 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 GIs a Historic Landmark and property owner reducing property tax of designated 1 idmarks for ten year periods. 4. Establish a fee to be paid for by landmark applicant's for the reimbursement of City Attorney costs association with th creatior, of the Agreement and review of Agreement applications. 5. Establish a plaque program that pr-ovic ^es for installation of approved plaques on Historic Landmarks. SECTION 2. This Resolution shall tDecome effective only upon adoption and passage of the Ordinance adopting the Historic Preservation Ordinance to be codified as Title 15, Buildings and Construction, Ch,al-- , er 15.28 entitled Historic Preservation, of the Moorpark Municipal Code. PASSED AND ADOPTED on his _ - day of , 1994. ATTEST: Lillian Hare, City Clerk Paul W. Lawrason, Jr., Mayor 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 adcp* on of the, Historic Preservation Ordinance; and WHEREAS, the City of Moorpark wisl- es 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 desirable -1 and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 The Moorpark Municipal t;ode is amended by adding Chapter 15.28, entitled Historic Preservation, to Title 15, ffi,i' iings ana Construction. SECTION 2. THE MOORPARK MUNICIPAL CODE IS AMENDED BY ADDING CHAPTER 15.28 TO READ AS FOLLOW") 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 adcp* on of the, Historic Preservation Ordinance; and WHEREAS, the City of Moorpark wisl- es 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 desirable -1 and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 The Moorpark Municipal t;ode is amended by adding Chapter 15.28, entitled Historic Preservation, to Title 15, ffi,i' iings ana Construction. SECTION 2. THE MOORPARK MUNICIPAL CODE IS AMENDED BY ADDING CHAPTER 15.28 TO READ AS FOLLOW") 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 1528.^ -rr70 -- 15.28.080.070 Certificate of Appropriateness for Work Affecting Landmarks 15.28.090 ,080 Dangerous Conditions 15.28.4 -00 .090 Duty to Keep in Good Repair Section 15.28.010 Purpose The purpose of this Chapter is to )rovide for the identification, protection, enhancement, perpetuation and use of historic Landmarks within the City that reflect special elements of the City's historical herit ige and �R arder to promote the general welfare by: A. Encouraging public knowledcle understanding, and appreciation of the City's past; B. Fostering civic pride in the bea.jty and personality of the City and in the accomplishments of the City's f: Est; C. Safeguarding the heritage of tl• e 'lily by pi otecting landmarks which reflect the City's history; D. Protecting and enhancing property values within the City and increasing economic and financial benefit- to the City and its inhabitants; E. Identifying as early as possaole and resolving conflicts between the preservation of historical landrn arks and alternative land uses; F. Preserving historic building rnaienals through maintenance and restoration of existing historical landmarK. G. Taking whatever steps are reasonable and necessary to safeguard the property rights of the owners v� -iose building or structure is declared to be a landmark; H. Promoting the use of landmarw s for the education and enjoyment of the people of the City; and Promoting awareness of the e( ,)nomic benefits of historic preservation. Section 15.28.020 Definitions WE - _ 13 A. "Certificate of Appropriateness :s the permit granted upon an application to Perform work after review oy the Director or upon appeal by the Historical Preservation Commist, on or the City 'Council. p . G B. "Demolition" means destroying i whole or in part, a landmark. 9 C. "Director" means the Dire.,tr r ()f tr~e 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, in( ;Iuding, but not limited to, the kind, color and texture of the building mater gals and the type and style of all windows, doors, lights, signs, and other f ktures appurtenant to such improvements. F E. "Landmark" means a building, siit�, tree, or structure of significant, historical importance which has received ie designation of landmark by resolution of the Planning CommlSS1011 H F. "Relocation" means any chang( of the location of a landmark in its present siting or to another site. 1 G. "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 re[ dacemenf of missing or earlier work. J H. "Site" means a lot or a portion 1 f a lot upon which the landmark is located or the site can be a landmark seif L I. "Work" means any e---+ the e teFqGF, additions, reconstruction, restoration, remodeling, reasse nbly, reproduction, replacement, rehabilitation, relocation, repair or, maintenance that changes the exterior of the landmark, or any, demolition. In the case of trees, it shall mean any prunir g, removal, maintenance, or other work which,could potentially harm a tree. Section 15.28.030 Establishment of a Historical Preservation Commission The members of the Planning Comn ds ion shall act as the Historical Preservation Commission. The staff of the Department o° ( - )mrnunity Development shall serve as staff to the Historical Preservation Commissio- Section 15.28.040 Powers and Duties of the Historical Preservation Commission The Historical Preservation Commissior shall have the following powers and duties: A. To designate a landmark as Fir: vided herein. B. To oversee and review surveys, nventories, registers and other information prepared consistent with this C �apter C. To maintain a local register o, €: ndmarks 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 lar7drnark r7 the City; E. To investigate and report to the City Council on the use of various federal, state, local, county, and private °unding sources and mechanisms available to promote landmark preservat or i-i the City; F. To cooperate with local, county state anc federal governments and private organizations in the pursuit of r ,e cbjectives of historic preservation; G. To keep minutes and records J all meetings and proceedings, including voting records attendance, olutions findings, recommendations and decisions, H. To participate in, promote, and conduct public information, educational, and interpretive programs pertainin,, to historic preservation; To meet at least annually to review trie status of landmarks and prepare an annual report for the City Co.ar :il Section 15.28.050 Public Hearings A. Notice Whenever a public hearing is required by this Chapter, the owners of the property within a three hundred foot radius of abuttiRg the subject property, -,and the property owner and aggrieved party, if any, shall be given thirty (30 10) days written notice, by 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, crate 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 Commission or the City Council. B. Failure to Receive Notice The failure of any person to receive notice of a public hearing; 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 -- oncerning any decision of the Historical Preservation Commission may be filed by an aggrieved party within sixteen (16) calendar days after the alleged date of the decision - nag -ems, or on the following workday if the sixteenth day falls on' a weekend or holiday. The appeal must be.filed on forms provided by the Department of Community Development. a'nd after- fififlg )f The appellant Sh'a'll:',," also pay an appeal fee set by resolution of the City Council. The notice of appeal shall state the grounds for the appeal. The City Council shall be the decision - making body in considering an appeal of from the Historical Preservation Commission decisions Section 15.28.060 Landmark Designation A. Procedures 1. An application to designate or ae- 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 VI ie 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 Tr e Historical Preservation Commission may initiate an application on its own motior )nly it the proposed landmark is to be demolished within six (6) months. 2. The Historical Preservation Cori mission 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 The decision shall be in writing, shall be based upon findings of fact, and shall be final. I 3. a- rsseld Des! gnation pf each landmark shall be'made by a v( tion which contains a statement as to why the proposed landmark is being designated as a landmark and whether it is to be marked with a uniform ar,d distinctive plaque. Any such resolution shall include a legal description of the subject property, a description of exterior architectural features, and the name of the property owner, and shall be recorded by the City Clerk in the County Recorder's Office. Any action to de- designate a landmark shall be in the form of a resolution which will state the necessary findings as required in Section 15.28.060. D, of this Chapter and shall lb recorded by #h6 Crty Clerk ;'in the Count -IR order's Office_ B. Criteria A building, site, tree, or structure may be designated as a landmark if it is found that the proposed landmark meets one or rr- )re of the following criteria: 1. It is associated with persons )r events significant in local, state or national history. 2. It reflects or exemplifies a part c..iar period of national, state, or local history. 3. It embodies the distinctive ch racteri sties of a type, style or period of architecture or of a method cf Destruction. 4. It is strongly identified with r i person or persons who significantly contributed to the culture, his *c, y, cr development of the area. 5. It is one of the few remair Ong examples in the area possessing distinguishing characteristics :)f an architectural type of specimen. 6. It is a notable work of an architect or master builder whose individual work has significantly influenced the sevelopment of the area. 7. It embodies elements of it :hitectural design, detail, materials, or craftsmanship that represents : significant architectural innovation. 8. It has a unique location or singe ar physical characteristics representing an established and familiar visual `Ee iturE, of a neighborhood, community, or the area. 9. It has unique design or detail!,-n: 10. It is a particularly good exarnplf of a period of style. 11. It 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, and >igns) C. Temporary Stay on Building Permits Pending Designation No permit shall be issued pursuant t Title 15 of this Code with regard to any proposed landmark for which an application s on file with the Department of Community Development until th9 aPPIiGatiGR. the decision by, the Historical Preservation Commission on the applications becomes final D. Removal of Designation A landmark designation may be removed from a building, site, tree or structure pursuant to the procedure set forth in Sectic n 15.28.060, subsection A of this Chapter. The landmark designation of a building, site, tree or structure may be removed if Fe E e fGIIGWiRg Giciteiria: Line' or more of the following findings can be made: It is no longer associated with aersons or events significant in local, state or national history. 2. It no longer reflects or exem[.A r es �i 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 r� ethod of construction. 4. It is no longer strongly identifies, with a person or persons who significantly contributed to the culture, lusts y, cr development of the area. 5. It is no longer one of the few t(- :maining examples in the area possessing distinguishing characteristics o' ar, architectural type of specimen. 6. It is no longer a notable work of an architect or master builder whose individual work has significantly rnfluenCE,d the development of the area. 7. It no longer embodies elemert:_ :)f architectural design, detail, materials, or craftsmanship that represents sjg'zifica °it architectural innovation. 8 8. It no longer has a unique location or a singular physical characteristics representing an established an( j familiar visual feature of a neighborhood, community, or the area. 9. It no longer has a unique desic,,i or det�uling. 10. It is no longer a particularly go -d example of a period of style. 11. It no longer contributes to +h =3 oHistcrical or scenic heritage or historical or scenic properties of the area {'o include, but not limited to landscaping, light standards. trees, curbing, rnd sign.;) Mrim JLLMLLILL-- - -- .. .. �- • •- — • .. —. . NoM Vl:_ - -- _ �. AVZT M 2 21. M ._ PEN m P .. ... No Ow- -. • • • - - - - - - -- - -- -- .. Mic 4- a-- -' 1 (' ` I - willow-a If -- -- -- NF -- ` - .. LIS • -- -- .. NONNI .. NOW.! MOM Section 15.28.080 .070 Certificate of Appropriateness for Work Affecting Landmarks A. Certificate of Appropriateness; Required It shall be unlawful for any persor i ) perform work pr1 any landmark without first obtaining a Certificate Df Appropriateness in the manner provided for in this section, in addition to any permit 3qu {red ;:oy Title 15 of this Code. B. Certificate of Appropriateness Procedures 1. Application a. The application for a Cer *ificate of Appropriateness shall be made on forms prescribed by the Department of Ccn^ nurity Development - no public noticing is required. b. The applicant shall submit, together with the application for work, all plans, materials and documents that .-re r�•asonably necessary and required by the Director, for proper review of the propose=d Mork . envtrontnental review of the app�iCati�n is complete: 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 sE =ct ,r C. Criteria 1. Work Other Than Relocation o Demolition A Certificate of Appropriateness f, ,t Nark 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 at idrnark; 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 desigrat ng `he landmark. 2. Relocation A Certificate of Appropriateness for r� location shall be approved with or without conditions, if it is found that: a. The landmark can be moved .without significant damage to its physical integrity; and b. The relocation is not inconsister t with the criteria upon which the landmark was designated, as described in the resolut o , 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 t is found that: a. Disapproval of the Certificate of Appropriateness would deprive the property owner of substantially all beneficial use cf th, landmark site; or b. There are unusual circumstan :F: that +:,onipel the need for demolition of the landmark; or C. The merits of the proposed rep acement project outweigh the historic value of the landmark. D. Negotiations Prior to Decision on Application for Demolition - - a �• Prior to the time that the Director must. act ors the application for demolition, the Director shall explore with the applicant, other alternatives to demolition with City officials and local preservation organizations 2.3. The application for a CertificatE of Appropriateness for demolition shall be deemed withdrawn by the applicant, if dur-g the negotiation period, any one of the following occurs: a. The property owner enters r}, :) a binc:ing 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 wiV thi:, section; or C. The City or other duly authorizer public entity determines to condemn the property and take it by the power of eminen, domain E. Showing of Hardship 1. Notwithstanding the criteria se forth in subsection C of this section, a Certificate of Appropriateness for work shall )e approved, with or without conditions, if it is found that denial of the Certificate of A, )propriateness would cause the applicant unreasonable hardship. 2. The applicant shall bear tnE burden of claiming and establishing unreasonable hardship. The person or oody 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 ad iition to t,­ie information that is required by subsection B.1 of this section. 3. Information that may be cons d -red in determining whether unreasonable hardship exists includes, but is not limited ,c the following: M a. Bona fide efforts to rent or soil the landmark prior to the time that the application for the Certificate of Appropriate iess was filed were unsuccessful; b. Without the work for which the ,certificate of Appropriateness is sought the landmark or the landmark site cannot be ter ted or scald at a reasonable rate of return; C. Because of personal, econorrric or technical circumstances, work cannot be performed in a manner that satisfies the cr tF is set fcr,h 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 •h it satisfies the criteria set forth in subsection C of this section. F. Appeal of the PreseFV tiOn r's Director's Decision .. .............. 1. The applicant for a Certificate of Appropriateness, or the owner of the landmark, as he aggrieved party, may appeal the decision of the Director to the Historical Preservation Commission by filing a notice of appeal with the Department of Community Development with ter (10) days after the PFesep,;atmGR Off; Director rendered the decision. The ncti( e )f appeal shall state the grounds for the appeal. 2. The Historical Preservation Commission shall hold a meetiRg public hearfnca 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 appi+saet appellant and the Historical Preservation Cc:rnm scion. The decision of the Historical Preservation Commission shall be in writing =nd shall be based upon written findings of fact. The decision shall be final unless appe�) ed in acc crdance with subsection G.D. e# this seetieR. G. Appeal of the Historical Preservation Commission's Decision 1. An application for an appeal r. oncerning any decision of the Historical Preservation Commission may be filed by an aggrieved party within sixteen (16) calendar days after the a4eged decision of the Histo is Commission g-e4or, or on the following workday if the sixteenth day falls or, a weekend or holiday on forms provided by the Department of Community Developrn(:rlt and after filing of an appeal fee set by resolution of the City Council. The appeal si all state the grounds for the appeal. The City Council shall be the decision - making ter c~ it i :ons!dering an appeal of the Historical Preservation Commission. , I: 2. The City Council shall hold a i 7eeting 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 a-�.ditic...nal fifteen (15) day period may be granted if mutually agreed upon by the applicant ancf the City Council. The decision shall be in writing, shall be based upon findings of fact ano shale be final. Chapter 15.28.090 080 Dangerous Conditions Nothing in this chapter shall be const .aed 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 bee i declared unsafe or dangerous by the Department of Building and Safety, proviCe , thiat the work has been ordered by the Department of Building and Safety. Chapter 15.28.4 -00 ..090 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 Con -nission designating the landmark, and all interior portions thereof whose maintenance s necessary to prevent deterioration and decay of the exterior. SECTION 3. If any section, subsection sentence, clause, phrase or word of this Ordinance is for any reason held to be nn,,alicl 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 ea(-,f ana all portions thereof, irrespective of the fact that any one or more of said portions ^ y' be declared invalid or unconstitutional. SECTION 4. This Ordinance shat :)f Torre effective thirty (30) days after its passage and adoption. SECTION 5. The City Clerk shall c(:rt fy to the passage and adoption of this Ordinance by the City Council; shall enter the game 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 ancc 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 Governmer t i,; de, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this clay ' = 1994. ATTEST Lillian E. Hare, City Clerk 117 Mayor of the City of Moorpark, California C MOORPARK REDE°aE'_ TAX INCREMEtiT PMENT ADEN-' AT:O REFOR7 FISCAL YEAR X96 156 SECURED RCL: ENTRY 19861999 NO. TAXING AGENCIES RATIO 1. MOSQUITO ABATEMENT. DISTRICT: 2. MOORPARK UNIFIED SCHOOL DISTRICT: 1,2j5�9933`; 3. CALLEGUAS MUNICIFA? WATER DISTRIC': x.01431;21` 4. VENTURA COUNTY SUPERINTENDENT OF SCHOOLS GENERAL FUND: 0.00464659 ". ELEMENTARY SCHOOL PHYSICALLY HANDICAP; �.D10999�9 C ELEMENTARY SCECO'_ SEVERELY RETARDED; �.0014072^ INSTITUTIONAL CE:LD SCHOOL TAX: .00209�4Q , HIGH SCHOOL SEVERELY MENTALLY RETARDED: 9,001`3212 ?:° SCHOOL CAPITAL OUTLAY: 0.0026913" +'' REGIONAL OCCUPATIONAL CENTER SCHOOL 'Al: 0.0412341L SCHOOL DEVELOPMENT CENTER: D.001220'?': MCORPARK PLEASANT 'dLLEY SOMIS AREA EUBT.OR.. i.1 2Sli . I 3