(a)
The
purpose of this chapter is to implement the provisions of California
Government Code Section 50280, et seq. (the "Mills Act"). The Mills
Act authorizes local governments to enter into contracts with owners
of private historic landmark property who will rehabilitate, restore,
preserve and maintain qualified historic property. In return for a
property owner's commitment to pursue the rehabilitation, restoration,
preservation and maintenance of the qualified historic property, the
City intends to facilitate certain property tax reductions in accordance
with Article 1.9 (commencing with Section 439) of Chapter 3 of Part
2 of Division I of the California Revenue and Taxation Code.
(b)
The
City contains numerous historic buildings, which add to its character
and identity. Some of these buildings may have not been adequately
maintained over time, may be structurally deficient or may need rehabilitation.
The costs of properly rehabilitating, restoring, preserving and maintaining
historic buildings may be prohibitive for property owners. Implementation
of the Mills Act as provided by this chapter is intended to serve
as an incentive to property owners to preserve and maintain historic
landmark property.
(c)
The
procedures established herein are further intended to balance the
benefits of the Mills Act to the individual property owners and the
historic value of individual buildings proposed for historic landmark
property agreements with the potential cost to the City in providing
the property tax reductions set forth in the Mills Act.
(§ 1, Ord. 800, eff. August 8, 2008)
An owner, or an authorized agent of the owner, of a qualified
historic landmark property may apply for a historic landmark property
agreement. For purposes of this chapter, "qualified historic landmark
property" shall mean privately-owned property which is not exempt
from property taxation and which is one of the following:
(a)
Individually
listed in the National Register of Historic Places or the California
Register of Historic Resources; or
(§ 1, Ord. 800, eff. August 8, 2008)
An owner, or an authorized agent of an owner, of a qualified
historic landmark property may submit an application for a historic
landmark property agreement to the Community Development Director
on forms provided by the Director. (All further references to the
"Director" in this chapter are references to the City Community Development
Director, or the Director's designee, unless specifically indicated
to the contrary herein.) The property owner shall provide, at a minimum,
the following information and documentation on or with the application:
(a)
The
address and location of the qualified historic landmark property;
(b)
Evidence
that the property is a qualified historic landmark property;
(c)
A legal
description of the property;
(d)
A title
report or other evidence of the sufficiency of the applicant's legal
or equitable interest in the property;
(e)
The
nature and cost of any rehabilitation, restoration or preservation
work to be conducted on the property;
(f)
A plan
for continued maintenance of the property; and
(g)
Any
further information the Director determines necessary to make a thorough
evaluation of, and recommendation on, the proposed historic landmark
property agreement in accordance with the purposes of this chapter.
(§ 1, Ord. 800, eff. August 8, 2008)
(a)
Historic Preservation Commission review. After the Director determines that the application meets the minimal requirements of Section 4-9.03 and is otherwise complete, the Director shall refer the application to the Historic Preservation Commission ("HPC") for its review and recommendation. The HPC shall hold a public hearing to review the application for the historic landmark property agreement and shall make its recommendation to the City Council as to the historic value of the qualified historic landmark property, any proposed rehabilitation, restoration or preservation work and any proposed preservation restrictions and maintenance requirements.
(b)
City Council decision. Following review by the HPC, the
City Council shall conduct a public hearing to review the HPC recommendation,
the information provided by City staff, and any other information
the City Council determines to be necessary or desirable in order
to decide whether the City should execute an historic landmark property
agreement for a particular property. The City Council reserves authority,
and shall have full discretion, to determine whether it is in the
public interest to enter a Mills Act historic landmark property agreement
with the owner of a particular qualified historic landmark property.
Following the completion of the public hearing, the Council may approve,
disapprove or modify and approve the terms of the proposed historic
landmark property agreement or continue its deliberations on the agreement
to a subsequent meeting. Upon approval, the City Council shall authorize
the City Manager to execute the historic landmark property agreement.
(c)
Recording. No later than 20 days after the City enters into
a historic landmark property agreement the City Clerk shall transmit
a copy of the agreement to the office of the Ventura County Recorder
for recordation.
(d)
Hearings. Notice of the public hearings required by this
section shall be given in accordance with the requirements for notice
by publication set forth in Government Code Section 65091, as amended
from time to time, and to any interested person or organization that
has previously submitted a written request for such notice.
(§ 1, Ord. 800, eff. August 8, 2008)
(a)
The historic landmark property agreement shall set forth the agreement between the City and the property owner that, as long as the property owner properly rehabilitates, restores, preserves and maintains the qualified historic landmark property as set forth in the agreement, the property shall be eligible for reassessment of valuation in accordance with Article 1.9 (commencing with Section 439) of Chapter 3 of Part 2 of Division 1 of the California Revenue and Taxation Code, provided that the Ventura County Assessor determines that those provisions of the Revenue and Taxation Code are applicable to the property in question. A historic landmark property agreement shall further include, at a minimum, the following provisions:
(1)
The term of the agreement, which shall be for a minimum of 10 years;
(2)
The owner's commitment and obligation to preserve, rehabilitate,
restore and maintain the historic landmark property in accordance
with the rules and regulations of the Office of Historic Preservation
of the California Department of Parks and Recreation and the United
States Secretary of the Interior's Standards for the Treatment of
Historic Properties;
(3)
Permission for periodic examinations of the interior and exterior
of the qualified historic landmark property to be conducted by persons
representing the Director and/or the City's Building Inspector, the
Ventura County Assessor, the Office of Historic Preservation of the
California Department of Parks and Recreation and the State Board
of Equalization as may be necessary to determine the owner's continuing
compliance with the historic landmark property agreement;
(4)
That the historic landmark property agreement is binding upon, and
shall inure to the benefit of, all successors-in-interest of the owner;
(5)
An extension to the term of the agreement so that one year is added
automatically to the initial term of the agreement on the anniversary
date of the agreement or such other annual date as specified in the
agreement unless notice of non-renewal is given as provided in the
Mills Act and in the historic landmark property agreement;
(6)
Agreement that the City may cancel the agreement, or pursue whatever
other legal or equitable remedies it deems necessary or desirable
for enforcement of the agreement, when the City Council finds that
the owner has breached the terms of the agreement; and
(7)
The property owner's indemnification of the City for, and agreement
to hold the City harmless from, any claims arising from any use of
the historic landmark property.
(b)
The
City and the qualified historic landmark property owner shall comply
with all provisions of the Mills Act, including any amendments thereto
that may be enacted from time to time. The Mills Act, as amended from
time to time, shall apply to the historic landmark property agreement
process and shall be deemed incorporated into each historic landmark
property agreement entered into by the City.
(§ 1, Ord. 800, eff. August 8, 2008)
(a)
The
City may cancel any historic landmark property agreement if the City
Council determines that the owner has:
(1)
Breached any of the conditions of the agreement; or
(2)
Allowed the landmark property to deteriorate to the point that it
no longer meets the standards for a qualified historic landmark property;
or
(3)
Failed to pay reasonable inspection fees or otherwise failed to cooperate
in allowing periodic inspections of the property as reasonably required
to determine that the property continues to meet the standards for
a qualified historic landmark property; or
(4)
Failed to restore or rehabilitate the historic landmark property
as specified in the agreement.
(b)
A public hearing shall be held by the City Council on a proposed cancellation for any of the reasons listed in subsection (a) of this section. Notice of the hearing shall be mailed to the last known address of each owner of the property at least 10 days in advance of the hearing and shall be published in accordance with the requirements for notice by publication set forth in Government Code Section 65091.
(c)
Upon cancellation of the agreement for any of the reasons listed in subsection (a) of this section, the property owner shall pay a cancellation fee of 12-½ percent of the full value of the property at the time of cancellation as determined by the Assessor (or such other percentage or amount as may be authorized by the Mills Act, as it may be amended from time to time), without regard to any restriction on such property imposed by the historic landmark property agreement.
(d)
In
the event that a property subject to a historic landmark property
agreement under this chapter is acquired in whole or in part by eminent
domain or other acquisition by any entity authorized to exercise the
power of eminent domain, and the acquisition is determined by the
City Council to frustrate the purpose of the agreement; the agreement
shall be canceled and no cancellation fee shall be imposed.
(e)
The
City's authority to cancel any historic landmark property agreement
in accordance with this section is non-exclusive, and in addition
to, all other remedies provided by law or equity relating to contracts.
(§ 1, Ord. 800, eff. August 8, 2008)
(a)
If
the City Council determines not to renew the historic landmark property
agreement, it must serve its written notice of nonrenewal upon the
owner at least 60 days prior to the renewal date. The owner may make
a written protest of the City's notice of non-renewal and the City
may at any time prior to the renewal date, rescind its notice of non-renewal.
(b)
If
an owner chooses to avoid automatic renewal of the agreement, the
owner must serve written notice of non-renewal to the Director at
least 90 days prior to the renewal date.
(c)
If
the City or the owner serves a notice of non-renewal, the existing
agreement shall remain in effect for the balance of the agreement
term then remaining.
(§ 1, Ord. 800, eff. August 8, 2008)
(a)
The
City Council may determine the amount of, and impose, a fee to compensate
the City for processing and administering an application for a historic
landmark property agreement. The fee shall be no more than 100% of
the amount needed to compensate for the time and materials required
to process the application, based upon the estimated actual costs
to perform the work, including, but not necessarily limited to, the
costs of the Community Development Department, the City Attorney,
and the Finance Department.
(b)
The
City may also impose a separate fee, following approval of the historic
landmark property agreement, to compensate the City for the actual
costs of inspecting the qualified historic landmark property and enforcing
the historic landmark property agreement.
(c)
Failure
to pay any application or inspection fees shall be grounds for rejection
of an application for a historic landmark property agreement, or canceling
a historic landmark property agreement, as applicable.
(§ 1, Ord. 800, eff. August 8, 2008)
The incentives provided by this chapter are intended to be but
one means of preserving historically significant properties in the
City and the City Council reserves its authority to make any other
reasonable arrangements to preserve designated historic landmarks.
These may include, by way of example, but without limitation, establishment
of a private or public fund for preservation of historic landmarks
or other contractual agreements with property owners for the maintenance
and preservation of facade easements or public access to the structure.
(§ 1, Ord. 800, eff. August 8, 2008)
