Note: Prior ordinance history: Ords. 675, 698, 708, 709
and 843.
This chapter shall be known as "Historic Preservation Law."
(§ 2, Ord. 893, eff. April 11, 2019)
The purpose of this chapter is to promote the economic and general
welfare of the City by preserving and protecting Council approved
and designated landmarks, historic districts, structures of merit,
and points of historical interest, as defined in this chapter, in
consistency with the Conservation Element of the General Plan, be
they of public or private ownership, and having a special historical,
cultural, or aesthetic character or interest; all this in order to
preserve the historic, architectural, cultural, and natural heritage
of the City and to make the citizens of the City and visitors to the
City mindful of this heritage. It is the City's intent that the preservation
of its landmarks, historic districts, structures of merit, and points
of historical interest be guided by the Secretary of the Interior's
Standards and Guidelines for the Treatment of Historic Properties
as adapted to the particular and best interests of the City.
(§ 2, Ord. 893, eff. April 11, 2019)
There is hereby established a City Historic Preservation Commission,
consisting of seven members. The Mayor, a rotating Councilmember as
determined by the City Clerk, and the Commission Chair shall nominate
each Commissioner, ratified by the approval of a majority of the full
City Council. All Commission appointments are non-political appointments.
While it is preferred that all members of the Commission have primary
residence and be domiciled within the City, a maximum of three members
of the Commission may have primary residence and be domiciled outside
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 year terms.
Commissioners shall hold office at the discretion of the Council until
their successors have been nominated and confirmed even if their designated
term has expired.
If a member resigns before the end of their term or a vacancy
otherwise arises, the Mayor, a rotating Councilmember as determined
by the City Clerk, and the Commission Chair may nominate a new Commissioner
to fill the remaining term, which must be ratified by the approval
of a majority of the full Council. The designated terms of all members
of the Commission shall expire at the second regular Council meeting
of May. A person who has been appointed to fill a mid-term vacancy
shall hold office for the remainder of the unexpired term. A Commissioner
may be removed from office by the following process: two City Councilmembers
must advise the City Manager of their intent to place an item on an
upcoming City Council agenda to consider the removal of a Commissioner.
The City Manager must then contact the Commissioner to advise him/her
of that notification, and to provide the Commissioner with at least
seven days' advance notice of any agendized City Council discussion
regarding the possible Commissioner removal. The Commissioner may
choose to resign or object to the proposed action. Commissioners serve
"at will" and may be removed for any reason. The Commissioner shall
be given an opportunity to speak to the full City Council at the agendized
public meeting if they wish to do so, before consideration of their
removal. After completing this process, any Commissioner may be removed
by majority City Council vote at a regular City Council meeting.
Four members of the Commission shall constitute a quorum, without
regard to residency, and a simple majority of the votes of a quorum
shall be required to pass a motion. In the absence of specific rules
of order and procedures, the conduct of such meetings shall be governed
by the latest revised edition of Rosenberg's Rules of Order.
(§ 2, Ord. 893, eff. April 11, 2019, as amended by § 1, Ord.
909, eff. September 25, 2020, and § 1, Ord. 947, eff. December 28, 2023)
For the purposes of this chapter, unless otherwise apparent
from the context, certain words and phrases used in this chapter are
defined as follows:
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.
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.
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.
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.
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.
means the City Council of the City of Ojai.
refers to features that are primarily of interest due to
their part in the City's shared traditions or shared identity.
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.
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.
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.
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.
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.
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.
refers to features that are part of the natural landscape;
that are not man-made.
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.
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.
means the person, corporation, or other legal entity listed
as owner on the records of the County Recorder of Deeds.
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.
means any relocation of a structure on its site or to another
site.
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 treatment areas: preservation,
rehabilitation, restoration, and reconstruction.
means anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground.
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.
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 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 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;
(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 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.
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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.
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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.
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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.
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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.
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(§ 2, Ord. 893, eff. April 11, 2019)
The Historic Preservation Commission shall, within 90 days from receipt of a completed nomination in proper form, hold a public hearing and adopt, by resolution, a recommendation that the nominated landmark or historic district does or does not meet the criteria for designation in Section 4-8.07 of this chapter. The applicant for a landmark designation may withdraw the application at any time before the start of the public hearing before the Historic Preservation Commission on the proposed landmark designation. The resolution shall be accompanied by a report to the Council containing the following information:
(a)
Explanation
of the significance or lack of significance of the nominated landmark
or historic district as it relates to the criteria for designation;
(b)
Explanation
of the integrity or lack of integrity of the nominated landmark or
historic district;
(c)
In
the case of a nominated landmark found to meet the criteria for designation:
(1)
The significant architectural features of the nominated landmark
that should be protected as character-defining elements,
(2)
The types of construction or alteration, other than those requiring a building or demolition permit, that should be reviewed for appropriateness pursuant to the provisions of Section 4-8.16,
(3)
The effect of any alteration, construction, or removal of the landmark
approved by any land use permits granted under Title 10 of the Ojai
Municipal Code but not yet completed, and
(4)
Any additional character-defining elements that contribute to the
landmark's eligibility for designation;
(d)
In
the case of a nominated historic district found to meet the criteria
for designation:
(1)
The types of significant architectural features of the structures
within the nominated historic district that should be protected as
character-defining elements,
(2)
The types of alterations and demolitions that should be reviewed
for appropriateness pursuant to specific ordinance criteria developed
for the historic district, addressing standards for alterations and
new construction within the district,
(3)
Any additional character-defining elements that contribute to the
historic district's eligibility for designation, and
(e)
Proposed
design guidelines for applying the criteria for review of work permits
to the nominated landmark or historic district;
(f)
Recommendations
as to appropriate permitted uses, special uses, height and area regulations,
minimum dwelling size, floor area, sign relations, and parking regulations
necessary or appropriate to the preservation of the nominated landmark
or historic district;
(g)
A map
showing the location of the nominated landmark and the boundaries
of the nominated historic district.
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The recommendations and report of the Historic Preservation
Commission shall be sent to the Council and affected property owners
within seven days following the vote on the resolution and shall be
available to the public in the offices of the City Clerk.
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The recommendations and report of the Historic Preservation Commission shall include an historic resources report, prepared by an historian under contract with the City and in consultation with the Ojai Valley Museum, and other sources, which examines the historical significance of the nominated landmark or historic district, considers the items set forth in this section and the landmark criteria set forth in Section 4-8.07, identifies the character-defining elements of the nominated landmark or historic district, and identifies any changes to those elements over time.
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The historic resources report shall be prepared consistent with the Secretary of the Interior's Standards and Guidelines for the Treatment of Historic Properties. The cost of this historic resources report shall be paid by the applicant for the landmark, as set forth in the City's fee schedule. The historic resources report shall evaluate the effect of any alteration, or construction on the same parcel as the landmark approved by any land use permits granted under Title 10, Chapter 2 of the Ojai Municipal Code but not yet completed and whether this work will adversely affect the landmark's character-defining elements.
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Interim prohibition: from the time a completed application for
a landmark nomination is received by the Historic Preservation Commission
until the time the Council either declares the landmark, or determines
not to declare the landmark, the time period involved not to exceed
90 days, the property owner shall be prohibited from defacing, demolishing,
adding to, altering, or removing the landmark, except for routine
repair in the property's interior.
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Notice and appeal: if the property owner objects to the designation
of his property as a landmark, such objection shall be filed with
the Council not later than 30 days following the date the Historic
Preservation Commission makes its recommendation.
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(§ 2, Ord. 893, eff. April 11, 2019)
The authority to declare cultural heritage landmarks and historic
districts shall be vested solely in the Council.
Upon recommendations of the Historic Preservation Commission, and at least 30 days after such recommendation is made, pursuant to Section 4-8.08, the Council may declare those items set forth in Sections 4-8.08 and 4-8.09 of this chapter as historical, cultural, or natural landmarks, or historic districts.
If the property owner has filed an objection to the designation
of this property as a landmark, the Council shall schedule a public
hearing to consider the objection, after which the Council shall determine
whether or not to so declare.
In the case of historic districts, the Council shall not make
a designation if a majority or more of the owners of parcels within
the proposed district, the owner(s) of each parcel having one vote
per parcel with a maximum of one vote per ownership entity, file a
written protest against creation of such a district. The definition
of an ownership entity shall be any and/or all individuals who own
all or part of a parcel in the proposed historic district. If the
title of a given parcel does not state the names of the individuals
who own it, then the names of the individuals having direct or indirect
control of said parcel must be disclosed for that parcel to have its
vote counted.
The Council's resolution designating the landmark or historic
district, shall describe the character defining elements of the landmark
or historic district.
The Council may, by resolution and upon the recommendation of
the Historic Preservation Commission, update an existing landmark
or historic district, designation to include a description of the
character defining elements of the landmark or historic district designation.
(§ 2, Ord. 893, eff. April 11, 2019)
If the decision is made that the historical significance of
any declared landmark or historic district justifies the expenditure
of public funds, acquisition proceedings may be initiated. If the
Council finds a landmark or historic district to be of historical
significance, and public funds are not available, private funds may
be used for the acquisition, or other arrangements may be made which
are satisfactory to the property.
(§ 2, Ord. 893, eff. April 11, 2019)
(a)
The
Historic Preservation Commission or other interested persons, may
petition the Council for the funds necessary to carry out the purposes
of this chapter. The Council may expend all reasonable amounts of
money needed to carry out such purposes or to acquire fee title or
such lesser ownership rights or rights of possession or negative easements
as the Council deems necessary or expedient to carry out such programs.
(b)
The
Council may, at its discretion, contribute City funds to rehabilitate
or restore any designated City landmark it deems worthy of such funding.
(c)
The
Council may, in accord with the General Plan and other applicable
law, offer landmark owner's incentives to preserve, rehabilitate,
restore, or adaptively reuse a designated City landmark, which may
include such incentives as:
(1)
Allowing a discretionary lot split;
(2)
Increasing the maximum allowable size of an accessory dwelling unit;
(3)
Waiving City permit fees, parking requirements, or signage rules;
(4)
Adjusting setback and lot coverage requirements;
(5)
Allowing the use of historic landmark for events or as an interpretive
center;
(6)
Variances for use of an historic property within its zone;
(7)
Expedited approval.
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These incentives shall only be approved by the City Council
when necessary to achieve the goals of historic preservation.
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(§ 2, Ord. 893, eff. April 11, 2019)
All boards, commission, departments, and officers of the City
shall cooperate with the Historic Preservation Commission in carrying
out the provisions of this chapter and shall notify the Historic Preservation
Commission of the discovery of items of historical significance, including,
but not limited to, burial grounds, prehistoric artifacts, or historic
foundations or structures; inform the Commission of the proposed alteration,
demolition, or relocation of designated landmarks.
The Historic Preservation Commission shall cooperate with all
City departments and officers when requested and shall recommend for
their consideration matters covered by this chapter.
(§ 2, Ord. 893, eff. April 11, 2019)
(a)
Structures of merit. The Historic Preservation Commission
may recommend to Council individual structures of historic, architectural,
community, or aesthetic merit which have not yet been designated as
landmarks, but which are deserving of being added to a Council approved
special recognition list. The purpose of such list shall be to recognize
and encourage the protection, enhancement, perpetuation, and use of
such structures. The Commission may additionally recommend historic
structures in the City which have been officially so designated by
agencies of the State or Federal government to be added to this special
recognition list.
(1)
The City and the owner of the structure of merit may negotiate placement
of an optional City historical plaque.
(2)
Before any permit is issued by the Building Official for demolition
or alteration of a structure designated by Council as a structure
of merit, the permit application to the Building Official shall be
forwarded to the Historic Preservation Commission for review and comment
before issuing the permit. No fee shall be associated with this procedure
and the forwarding for review and comment shall be on the agenda at
the next Historic Preservation Commission meeting following the referral
of a complete permit application from the Building Official to the
Historic Preservation Commission for said review and comment.
(3)
No structure designated as a structure of merit shall be subject
to demolition by neglect as determined by the Building Official.
(4)
Before any permit is issued for a repair of a structure of merit,
the application shall be forwarded to the Community Development Director
for review and comment with possible forwarding, at the Director's
discretion, to the Historic Preservation Commission for review and
comment.
(b)
Points of historical interest. The Historic Preservation Commission may recommend to the Council individual points of historical interest, as defined in Section 4-8.04, which are deserving of special recognition on a list of City historical resources and marked with a City historical plaque.
(1)
If the property on which the historical plaque is to be located is
not on City-owned property, the City will enter into an agreement
with the property owner for placement of a City historical plaque.
(2)
For a point of historical interest where no related historic building,
structure, or object remains the site will only be marked by a City
historical plaque.
(3)
For a point of historical interest where an historic building, structure
or object exists but has been altered to the extent that the integrity
of the original workmanship, materials, or style has been substantially
compromised, the site will be marked by a City historical plaque and
the following requirement will be enforced: Before any permit is issued
for demolition or alteration of a point of historical interest, the
application shall be forwarded to the Community Development Director
for review and comment with possible forwarding, at the Director's
discretion, to the Historic Preservation Commission for review and
comment.
(§ 2, Ord. 893, eff. April 11, 2019)
The necessary and reasonable expenses for the operation of the
Historic Preservation Commission shall be the responsibility of the
City. Included shall be the installation and maintenance of markers.
(§ 2, Ord. 893, eff. April 11, 2019)
Work permits are City permits granting approval for work performed
on a designated historic landmark, landmark property, or historic
district that could impact its historic significance or integrity.
Using the Secretary of the Interior's Standards and Guidelines, as
adapted by the Council, the applicant and the City work together to
ensure as little loss of significance and integrity as possible.
(a)
Approval
of a major work permit by the Historic Preservation Commission, or
the Council on appeal, shall be required before any of the following
actions may be undertaken for a landmark, landmark property, or historic
district that could impact a character-defining element, either physically
or visually:
(b)
Approval
of a minor work permit by the Community Development Director, or the
Historic Preservation Commission or Council on appeal or referral,
shall be required before any of the following actions may be undertaken
for a landmark, landmark property, or historic district:
(1)
Exterior alteration of a landmark, landmark property, or historic
district, if the area of alteration is not a character-defining element
and will not impact a character-defining element, either physically
or visually;
(2)
Interior alteration or remodeling even if visible from the exterior,
unless the structure's interior elements which are the subject of
the application are character-defining elements of the landmark;
(3)
Ordinary repair and maintenance if the work performed affects a character-defining
element, either physically or visually. If the work could result in
a loss of historical significance or integrity, the application will
be referred to the Historic Preservation Commission by the Community
Development Director.
(c)
Ordinary
repair and maintenance on any non-landmarked structure on the same
property as a landmark, any non-character-defining element of a landmark,
or any non-contributing structure in an historic district, does not
require a work permit as defined herein. However, no permit for repair
and maintenance activity on a parcel containing a landmark structure
shall be issued without prior review by the Community Development
Director to confirm valid classification of the activity as ordinary
repair and maintenance. Such review shall be performed no longer than
21 days from the date of the referral of a complete permit application
from the Building Official to the Community Development Director to
confirm this classification. No fee will be associated with this procedure.
(d)
It is a misdemeanor subject to penalties and enforcement as described in Section 4-8.24 for any person to demolish, construct, alter, relocate, or otherwise perform work, except as described above, on any landmark, landmark property, or on any structure(s) in a parcel(s) within an historic district without following the procedures provided for in this chapter.
(e)
Work
permits for work on non-character-defining elements or non-contributing
structures are not evaluated for preservation, but only to ensure
compatibility and appropriateness with the architectural and historical
elements of the landmark so as not to adversely impact the landmark's
historical/architectural significance or integrity.
(§ 2, Ord. 893, eff. April 11, 2019)
(a)
General procedures for major work permits.
(1)
The Historic Preservation Commission shall be the review authority for major work permits for any project on a parcel containing a landmark or in any parcel(s) within an historic district subject to the major work permit requirement under Section 4-8.15(a). Any decision by the Historic Preservation Commission may be appealed to the Council under Section 4-8.19.
(2)
If an application for a major work permit involves a property for which the property owner or applicant has also applied for a land use permit under Title 10, Chapter 2 of the Ojai Municipal Code, then the Historic Preservation Commission shall first consider the application for a major work permit, and if approved, then the Community Development Director, Planning Commission, or Council may consider the application for one or more land use permits under Title 10, Chapter 2 of the Ojai Municipal Code.
(3)
The Historic Preservation Commission shall hold a public hearing and approve or disapprove all major work permit applications. In considering the application for a major work permit, the Historic Preservation Commission, or Council on appeal, shall consider any existing historic landmark property agreement (Mills Act agreement) for the subject property containing a landmark, including whether the proposed changes to the subject property are consistent with the historic landmark property agreement and the work plan for the property approved under Title 4, Chapter 9, Historic Landmark Property Agreements, of the Ojai Municipal Code.
(4)
The application for a major work permit shall include all required
plans, materials, and documents from the applicant which are reasonably
necessary for the proper review of the proposed project on a property
containing a landmark.
(5)
The application for a major work permit shall include an existing
historic resources report, or a new one at the discretion of the Community
Development Director.
The historic resources report considering the application for a major work permit, if newly prepared for the application, shall be prepared by an historian under contract with the City and in consultation with the Ojai Valley Museum and other sources, and shall examine the historical significance of the landmark or historic district, identify the character-defining elements of the landmark or historic district, identify changes to those elements over time, and assess whether the proposed project on the parcel containing a landmark will adversely impact the landmark or historic district and all applicable character defining elements, either physically or visually, taking into account the standards of Section 4-8.18.
The historic resources report shall be prepared consistent with the Secretary of the Interior's Standards and Guidelines for the Treatment of Historic Properties. The historic resources report shall evaluate the effect of any alteration or construction on the landmark, landmark property, or historic district approved by any land use permits granted under Title 10, Chapter 2 of the Ojai Municipal Code but not yet completed, and whether this work will adversely affect the landmark's character-defining elements, either physically or visually. The cost of an historic resources report, if required, shall be paid by the applicant for the major work permit, as set forth in the City's fee schedule.
An historic resources report shall include professional quality
photographs of the landmark and its character-defining elements.
(6)
The application for a major work permit shall identify the character-defining
elements of the landmark or historic district as set forth in the
landmark designation resolution. If the landmark designation was more
than 10 years before the application, then the application must include
an analysis of whether the original landmark designation resolution
appropriately identified the landmark's character-defining elements
and if not, it must then identify the character-defining elements
of the landmark.
(7)
The Historic Preservation Commission's decision to approve, deny,
or conditionally approve the major work permit shall be in writing
and shall state the findings of fact and reasons relied upon in reaching
its decision.
(8)
The Historic Preservation Commission's decision shall be final, absent an appeal within the time specified in Section 4-8.19.
(9)
If an Environmental Impact Report (EIR), mitigated negative declaration
or negative declaration is required, the time limits set forth in
Public Resources Code Section 21151.5 shall apply.
(10)
The Historic Preservation Commission may hold a concept review hearing
to review a proposed major work permit within 30 days of receipt of
a request of the applicant.
(11)
The Historic Preservation Commission shall hold a public hearing
to consider and act on a major work permit not less than 30 days after
receiving a completed application for a major work permit for construction
and reconstruction; alteration, restoration and rehabilitation; relocation;
and demolition of any landmark, non-landmarked structure on the same
parcel as a landmark, or in a parcel(s) within an historic district.
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This hearing may be continued from time to time if necessary, up to a maximum of six months from the date of the first public hearing. In cases of proposed demolition of any landmark, the Historic Preservation Commission may delay the hearing for up to six months for purposes of negotiation as provided for in Section 4-8.17(c).
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(b)
General procedures for minor work permits.
(1)
The Community Development Director shall be the review authority for minor work permits for any project on a parcel containing a landmark or in a parcel(s) within an historic district subject to the minor work permit requirement under Section 4-8.15(b). At least 15 city business days before approving a proposed minor work permit, the Community Development Director shall notify the Historic Preservation Commission and the public via the City's website and the next Historic Preservation Commission agenda of the permit and project intended for approval. The Community Development Director may refer any application for a minor work permit to the Historic Preservation Commission. Any decision by the Community Development Director may be appealed to the Historic Preservation Commission under Section 4-8.19. Any decision by the Historic Preservation Commission may be appealed to the City Council under Section 4-8.19.
(2)
If an application for a minor work permit involves a property for which the property owner or applicant has also applied for a land use permit under Title 10, Chapter 2 of the Ojai Municipal Code, then the Community Development Director shall first consider the application for a minor work permit, and if approved, then the Community Development Director, Planning Commission, or City Council may consider the application for one or more land use permits under Title 10, Chapter 2 of the Ojai Municipal Code.
(3)
The Community Development Director shall approve, disapprove, or refer to the Historic Preservation Commission for approval, all applications for minor work permits. In considering the application for a minor work permit, the Community Development Director shall consider any existing historic landmark property agreement (Mills Act agreement) for the subject property containing a landmark, including whether the proposed changes to the subject property are consistent with the historic landmark property agreement and the work plan for the property approved under Title 4, Chapter 9, Historic Landmark Property Agreements, of the Ojai Municipal Code.
(4)
If the application for a minor work permit is referred or appealed to the Historic Preservation Commission, the Historic Preservation Commission, or Council on appeal, shall consider any existing historic landmark property agreement for the subject property containing a landmark, including whether the proposed changes to the subject property are consistent with the historic landmark property agreement and the work plan for the property approved under Title 4, Chapter 9, Historic Landmark Property Agreements, of the Ojai Municipal Code.
(5)
The application for a minor work permit shall include all required
plans, materials, and documents from the applicant which are reasonably
necessary for the proper review of the proposed action to be taken.
(6)
The application for a minor work permit may, at the discretion of
the Community Development Director, need an historic resources report
prepared as required for a major work permit by an historian under
contract with the City and in consultation with the Ojai Valley Museum
and other sources. The cost of an historic resources report, if required,
shall be paid by the applicant for the minor work permit, as set forth
in the City's fee schedule.
(7)
The application for a minor work permit shall identify the character-defining
elements of the landmark as set forth in the landmark designation
resolution. If the landmark designation was more than 10 years before
the application, then the application must include an analysis of
whether the original landmark designation appropriately identified
the landmark's character-defining elements and if not, it must then
identify the character-defining elements of the landmark.
(8)
The Community Development Director's decision to approve, deny, or
conditionally approve the minor work permit shall be in writing and
shall state the findings of fact and reasons relied upon in reaching
its decision.
(9)
The Community Development Director's decision shall be final, absent an appeal within the time specified in Section 4-8.19.
(10)
If an Environmental Impact Report (EIR), mitigated negative declaration
or negative declaration is required, the time limits set forth in
Public Resources Code Section 21151.5 shall apply.
(§ 2, Ord. 893, eff. April 11, 2019)
(a)
Construction, reconstruction, alteration, restoration, and rehabilitation. The Historic Preservation Commission, or the City Council upon appeal, shall approve a major work permit for any proposed project on a parcel containing a landmark, or in any parcel(s) within an historic district, subject to the major work permit requirement under Section 4-8.15(a), except demolition and relocation of a landmark, if, and only if, it determines:
(1)
The proposed project on a parcel containing a landmark, or in any parcel(s) within an historic district, subject to the major work permit requirement under Section 4-8.15(a) will not detrimentally alter, destroy, or adversely affect any architectural feature, character-defining element, either physically or visually, or any other feature which led the historic resource to be designated as a landmark; and
(2)
In the case of a proposed construction for a new addition to an existing
landmark, a new structure proposed for the same parcel as a landmark,
or a new structure proposed for a parcel(s) within an historic district,
the new improvement or structure will not adversely affect and will
be compatible with the appearance of the landmark and existing improvements
on the same parcel as the landmark and with the landmark's character-defining
elements, physically and visually.
(b)
Relocation of landmarks. In considering whether to recommend
approval or disapproval of an application for a major work permit
to relocate a landmark, the Historic Preservation Commission, or Council
on appeal, shall be guided by the following considerations:
(1)
The historic character and aesthetic interest the setting contributes
to the landmark;
(2)
Whether the landmark can be moved without significant damage to its
physical integrity and character-defining elements; and
(3)
Whether the proposed relocation area is compatible with the historical
and architectural character of the landmark, including its character-defining
elements, physically and visually.
(c)
Demolition of landmarks.
(1)
Economic hardship. Demolition of a landmark constitutes
an irreplaceable loss to the quality and character of the City. Therefore,
no major work permit shall be issued for demolition of a landmark
unless the applicant shows clear and convincing evidence of unreasonable
economic hardship or other unusual and compelling circumstances which
dictate demolition of the landmark.
(2)
Balancing required. The Historic Preservation Commission,
or Council on appeal, shall be guided in its determination by balancing
the historic value of the particular landmark against the merit of
the proposed replacement project.
(3)
Approval of major work permit for demolition of a landmark. Should the applicant for demolition of a landmark satisfy the Historic
Preservation Commission, or Council on appeal, that an unreasonable
economic hardship will be suffered if a demolition permit is not approved,
or, in failing to demonstrate unreasonable economic hardship, the
applicant demonstrates unusual and compelling circumstances which
dictate demolition of the landmark, the Historic Preservation Commission,
or Council on appeal, shall approve the application for a demolition
permit.
(4)
Negotiations prior to demolition application decision. Prior to the Historic Preservation Commission's decision on the
demolition permit for a landmark, the Planning Department shall discuss
the proposed demolition informally with the applicant, other City
officials and local preservation organizations, to explore whether
an alternative to demolition can be found before a formal consideration
of the application by the Historic Preservation Commission. The Planning
Department shall prepare a report for the Historic Preservation Commission
analyzing alternatives to demolition, and request from other City
departments or agencies information necessary for the preparation
of this report.
(5)
The negotiation period may take up to six months before the request
for a demolition permit is brought to the Historic Preservation Commission.
This time period may be further extended by mutual consent of the
City and the applicant. If within this period any one of the following
three events occur, the demolition application shall be considered
to have been withdrawn by the applicant:
(i)
The owner enters into a binding contract for the sale of the building
or structure;
(ii)
Approved arrangements are made for the building or structure to be
moved to an approved new location; or
(iii)
The City determines to condemn the property and take it by power
of eminent domain for rehabilitation or reuse by the City, or other
disposition with appropriate preservation restrictions in order to
promote the historic preservation purposes of this chapter to maintain
the building or structure and protect it from demolition.
(d)
Showing of hardship. When a claim of unreasonable economic
hardship is made due to the effect of this chapter, the owner and/or
applicant must prove to the Historic Preservation Commission, or City
Council on appeal, that a reasonable return cannot be realized upon
the value of the building or structure. The public benefits obtained
from retaining the historic resource must be analyzed and duly considered
by the Historic Preservation Commission.
The Historic Preservation Commission may require that an applicant
furnish information additional to what was submitted that is relevant
to its determination of unreasonable economic hardship.
(e)
Evidence of hardship. Evidence which may be considered in
determining whether unreasonable economic hardship exists, includes,
but is not limited to, the following:
(1)
Bona fide efforts to rent or sell the building or structure have
been unsuccessful;
(2)
Approval or conditional approval to do work permitted by this chapter
will not enable the applicant to rent or sell the building or structure
at a reasonable rate of return;
(3)
It is not economically or technically feasible to renovate or undertake
an alternative development compatible with the permit criteria outlined
in this chapter;
(4)
Personal or economic circumstances exist which preclude the applicant
from performing work in compliance with the permit criteria outlined
in this chapter;
(5)
Land use regulations and development standards, set forth in the
City's zoning ordinance and the City Building Code, preclude necessary
renovations or a feasible use of the landmark.
(§ 2, Ord. 893, eff. April 11, 2019)
The Community Development Director, or the Historic Preservation Commission upon referral or appeal, or the Council upon appeal, shall approve a minor work permit for any proposed project on a parcel containing a landmark, or in any parcel(s) within an historic district, subject to the minor work permit requirement under Section 4-8.15(b), if, and only if, the Director, Commission, or Council determines:
The proposed project on a parcel containing a landmark subject to the minor work permit requirement under Section 4-8.15(b) will not detrimentally alter, destroy, or adversely affect any architectural feature, character-defining element, physically or visually, or any other feature which led the historic resource to be designated as a landmark.
(§ 2, Ord. 893, eff. April 11, 2019)
(a)
An
applicant, or other aggrieved person, may appeal the Community Development
Director's decision approving or disapproving a minor work permit
to the Historic Preservation Commission or an Historic Preservation
Commission's decision approving or disapproving a minor or major work
permit to the Council by filing a written appeal with the City Clerk
within 10 days from the date of action by the Community Development
Director or the Historic Preservation Commission. The notice of appeal
shall indicate the grounds for the appeal. Any action of the Historic
Preservation Commission may be appealed to the Council during any
portion of the review process.
(b)
The
Historic Preservation Commission or Council, as applicable, shall
schedule a public hearing to be held no later than 30 days after the
notice of appeal is filed and shall render its decision within 30
days of closing the public hearing.
(c)
In
ruling upon the appeal, the Council or Historic Preservation Commission
shall consider the same factors as the Historic Preservation Commission
or Community Development Director, as applicable, a report of the
City Manager or the Community Development Director, which includes
a discussion of the Historic Preservation Commission or Community
Development Director's decision, and any other matters presented at
the hearing on appeal.
(d)
If
the Council or Historic Preservation Commission, as applicable, approves
the application on appeal, it shall direct the issuance of a major
work permit or minor work permit, as applicable, for the work covered.
(e)
If
the Council or Historic Preservation Commission, as applicable, disapproves
the application, it shall not issue such permit. Such disapproval
may indicate what changes in the plans and specifications would meet
the conditions for protecting the distinctive historical character
of the landmark.
(§ 2, Ord. 893, eff. April 11, 2019)
The provisions of Article 32 of Chapter 2 of Title 10 of the Ojai Municipal Code shall apply to the exercise and extension of major work permits and minor work permits, with the following exceptions. Any proposed extension of the time to commence or complete work approved by a major work permit must be approved by the Historic Preservation Commission. Any proposed extension of the time to commence or complete work approved by a minor work permit must be approved by the Community Development Director.
(§ 2, Ord. 893, eff. April 11, 2019)
Nothing in this chapter shall be construed to prevent any demolition
or rehabilitation necessary to correct or eliminate the unsafe or
dangerous condition of any designated or proposed landmark, if such
condition has been declared unsafe or dangerous by the City Building
Official and where such demolition or rehabilitation is necessary
to correct or eliminate such condition and has been ordered by the
Building Official.
(§ 2, Ord. 893, eff. April 11, 2019)
(a)
The
owner, occupant, designated responsible party, or other person in
actual charge of a landmark, or a contributing structure within an
historic district, shall keep in good condition all of the exterior
portions of such landmark, or contributing structure within an historic
district, all of the interior portions thereof when subject to control
as specified in the designating resolution or permit, and all interior
portions thereof whose maintenance is necessary to prevent deterioration
and decay.
(b)
It
shall be the duty of the Building Official and/or Code Enforcement
Officer to enforce this section.
(§ 2, Ord. 893, eff. April 11, 2019)
The Community Development Director shall take appropriate steps
to notify all public agencies which own or may acquire property in
the City, of the responsibilities involved in the ownership of designated
landmarks and historic district properties. All publicly owned properties
so designated must comply with the provisions of this chapter unless
these regulations are preempted by State or Federal law.
(§ 2, Ord. 893, eff. April 11, 2019)
(a)
Methods of enforcement. In addition to the regulations of
this chapter, other chapters of the Municipal Code and other provision
of law which govern the approval or disapproval of applications for
permits or licenses covered by this chapter, the Community Development
Director and the Building Official shall have the authority to implement
the enforcement thereof by any, more than one, or all, of the following
means:
(1)
Serving notice requiring the removal of any violation of this chapter
upon the owner, agent, occupant, or tenant of the improvement, building,
structure, site, or land;
(2)
Calling upon the City Attorney to institute any necessary legal proceedings
to enforce the provisions of this chapter, and the City Attorney is
hereby authorized to institute any actions to that end;
(3)
Calling upon the Chief of Police and authorized agents to assist
in the enforcement of this chapter; or
(4)
Imposing as a penalty for violation(s) a prohibition on any permits
for building or development on a parcel where the violation occurred
for a period of up to five years.
(b)
In
addition to any of the foregoing remedies, the City Attorney may maintain
an action for injunctive relief to restrain or enjoin or to cause
the correction or removal of any violation of this chapter, or for
an injunction in appropriate cases.
(c)
Penalties. Any person violating any provision of this chapter
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall be fined in an amount not exceeding $1,000 or be imprisoned
for a period not exceeding six months or be so fined and imprisoned.
Each day that such violation is committed or permitted to continue
shall constitute a separate offense and shall be punishable as such
hereunder.
(§ 2, Ord. 893, eff. April 11, 2019)
