Camarillo Municipal Code Ch. 16.42 Historic Preservation

The purpose of this chapter is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation and use of historic buildings and structures within the city that reflect special elements of the city's historical heritage for the following reasons:

A. To encourage public knowledge, understanding, and appreciation of the city's past;

B. To foster civic pride in the beauty and personality of the city and in the accomplishments of its past;

C. To safeguard the heritage of the city by protecting buildings and structures which reflect the city's history;

D. To protect and enhance property values within the city and to increase economic and financial benefits to the city and its inhabitants;

E. To identify as early as possible and resolve conflicts between the preservation of historical features and alternative land use;

F. To conserve building material resources through maintenance and restoration of existing historical buildings and structures;

G. To take whatever steps are reasonable and necessary to safeguard the property rights of the owners whose building or structure is declared to be a landmark;

H. To promote the use of landmarks for the education, enjoyment and welfare of the people of the city; and

I. To promote awareness of the economic benefits of historic preservation.

(Ord. 670 § 1 (part), 1989.)

A. "Alteration" means any change or modification of the exterior of a building or structure, or of an interior space designated as a landmark. Alteration shall include, but is not limited to, a changing or modification of structure, architectural details or visual characteristics and the placement or removal of any exterior objects or ornamentation affecting the exterior or interior visual qualities of the landmark. Alterations shall not include ordinary maintenance and repair.

B. "Committee" means the landmark committee of the city.

C. "Construction" means the act of interior or exterior modifications of or additions to a landmark or the erection of a new principal or accessory building or structure adjacent to a landmark.

D. "Demolition" means any act or process that destroys, in whole or in part, or permanently alters a landmark.

E. "Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including, but not limited to, the kind, color and texture of the building materials, and the type and style of all windows, doors, lights, signs, and other fixtures appurtenant to such improvements.

F. "Historic resource" means a general term that refers to buildings and structures of historical significance to the citizens of the city and which may be recommended for designation as landmarks pursuant to this chapter.

G. "Landmark" means those buildings and structures of significant, historical importance which have received the designation of landmark by resolution of the city council and whose demolition or destruction would constitute an irreplaceable loss to the quality and character of the city.

H. "Ordinary repair and maintenance" means any work, the purpose and effect of which is to prevent or correct any deterioration or decay of or damage to a building or structure, or any part thereof, and to restore the same, as nearly as may be practicable, to its condition prior to such deterioration, decay or damage, using the same materials or those materials available which are as close as possible to the original.

I. "Reconstruction" means the act or process of reassembling, reproducing, or replacing by new construction, the form, detail and appearance of a property and its setting as it appeared at a particular period of time by means of the removal of later work, or by the replacement of missing earlier work, or by reuse of original materials.

J. "Rehabilitation" means the act or process of returning a building or structure to a state of utility through repair, remodeling or alteration that makes possible an efficient contemporary use while preserving those portions or features of the building or structure that are significant to its historical value.

K. "Relocation" means any change of the location of a building or structure in its present setting or to another setting.

L. "Restoration" means the act or process of accurately recovering the form and details of a building or structure and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing or earlier work.

M. "Work" means any alteration, construction, reconstruction, rehabilitation, relocation or demolition affecting a land-mark.

N. "Work permit" means a permit issued pursuant to this chapter, allowing work to be carried out on a landmark.

(Ord. 670 § 1 (part), 1989.)

The members of the planning commission shall act as the landmark committee. The committee shall meet as often as required by applications and permits filed.

(Ord. 670 § 1 (part), 1989.)

The committee shall have the following powers and duties:

A. To oversee a continuing survey of the city so as to evaluate any historic resource and designate any landmarks in accordance with the criteria set forth in Section 16.40.060

B. To maintain a local register of landmarks;

C. To recommend removal of a designated landmark;

D. To review and comment upon the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning and programs undertaken by any agency of the city, the county, or the state as they relate to the historic resources of the city;

E. To recommend to the city council the purchase of fee or less than fee interests in buildings or structures for purposes of historic preservation;

F. To investigate and report to the city council on the use of various federal, state, local or private funding sources and mechanisms available to promote historic resource preservation in the city;

G. To review applications for construction, reconstruction, alteration, relocation or demolition affecting proposed or designated landmarks and approve or deny permits for such actions pursuant to Section 16.40.070 of this chapter;

H. To cooperate with local, county, state and federal governments and private organizations in the pursuit of the objectives of historic preservation;

I. To keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions;

J. To participate in, promote, and conduct public information, educational, and interpretive programs pertaining to landmarks;

K. To make any reasonable arrangements to preserve landmarks, including establishment of a private or public fund for preservation of landmarks or contractual agreements with property owners for the maintenance and preservation of facade easements or public access to the buildings or structures;

L. To ensure that designation of a building or structure as a landmark shall not infringe upon the rights of private owners to make any and all reasonable uses of such landmark which are not inconsistent with the purposes of this chapter; and

M. To meet at least annually to review the status of landmarks and prepare an annual report for the city council.

(Ord. 670 § 1 (part), 1989.)

Whenever this chapter calls for a public hearing, the abutting property owners of the subject property shall be given ten days' written notice of the public hearing by mail. Notice shall also be advertised once ten days prior to a hearing in a newspaper of general circulation. Such notice shall state the time, date and place of the hearing, including a general explanation of the matter to be considered and a general description of the area affected and the street address, if any, of the property involved.

(Ord. 670 § 1 (part), 1989.)

A. Procedures. An application for landmark designation may be made by the property owner or with the written consent of the property owner, by filing such application with the department of planning and community development. The committee, planning commission, or city council may also initiate such application on its own motion, without the consent of the property owner.

1. The committee shall hold a noticed public hearing on the application within forty-five days of filing a complete application. Within ten days of the hearing, the committee shall provide a written recommendation to the city council as to whether the building or structure should be designated as a landmark. If the recommendation of the committee is to designate the building or structure as a landmark, the recommendation may include a determination of whether to mark it with a uniform and distinctive marker and shall include the reasons for designating the building or structure as a landmark.

2. Within thirty days after receiving the recommendation of the committee, the city council shall hold a noticed public hearing, and approve or deny the recommendation.

3. Each hearing may be continued for any reason by the city.

4. If an environmental impact report (EIR) or negative declaration is required, the time limits set forth in Public Resources Code Section 21151.5 shall apply.

5. The city council shall designate landmarks by resolution, which shall contain a statement as to why the historic resource should be designated as a landmark. Any such resolution shall include a legal description of the property involved, including lot and block number and the name of the property owner and shall be duly recorded by the city clerk in the county recorder's office.

6. The staff of the planning commission shall serve as the staff for the committee.

B. Criteria. A historic resource may be designated as a landmark if it meets one or more of the following criteria:

1. It is associated with persons or events significant in local, state, or national history; or

2. It reflects or exemplifies a particular period of national, state, or local history; or

3. It embodies the distinctive characteristics of a type, style, period of architecture, or method of construction.

C. Temporary Stay On Permits Pending Designation. No construction, reconstruction, alteration, demolition, relocation, or other entitlement permits with regard to any proposed landmark shall be issued until the city council has made a final decision to either approve or deny requests for designation.

D. Removal of Designation. A landmark designation may be removed subject to the same procedures set forth in this section.

(Ord. 670 § 1 (part), 1989.)

A. Permits Required.

1. Approval from the committee, or the city council on appeal, shall be required before the following actions affecting a landmark may be undertaken:

a. Construction and reconstruction;

b. Alteration, restoration and rehabilitation;

c. Relocation;

d. Ordinary repair and maintenance;

e. Demolition.

2. It shall be a misdemeanor for any person to demolish, construct, alter, relocate, or otherwise perform work on any landmark without obtaining a work permit in the manner provided for in this chapter.

B. Permit Procedures.

1. General.

a. Except for a permit for ordinary repair and maintenance, the committee shall hold a public hearing and approve or disapprove the permit application.

b. The application 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.

c. The committee's decision shall be in writing and shall state the findings of fact and reasons relied upon in reaching its decision.

d. If an EIR or a negative declaration is required, the time limits set forth in Public Resources Code Section 21151.5 shall apply.

e. The decision of the committee shall be final absent a failure to appeal within the time specified in this chapter.

2. The committee shall hold a public hearing within forty-five days of the completed application for a work permit for construction and reconstruction, alteration, restoration and rehabilitation, relocation, and demolition. This hearing may be continued from time to time if necessary. In cases of demolition, the committee may delay the hearing for up to six months for purposes of negotiation as provided for in subsection C3d of this section.

3. The director of planning and community development or his designee shall approve an application requesting a permit for ordinary repair and maintenance if such application demonstrates to the director's or his designee's satisfaction that the proposed activities will not involve a change in design, material, or external appearance of the landmark. A clear photograph of the building or structure to be repaired, a brief description of the intended work, and samples of replacement materials or paint for comparison with the existing building or structure must be furnished with the application.

C. Permit Criteria.

1. Alteration, Restoration, and Rehabilitation. The committee, or the city council upon appeal, shall issue an approval for any proposed actions affecting a landmark, except demolition and relocation if, and only if, it determines:

a. The proposed work will not detrimentally alter, destroy or adversely affect any exterior architectural feature or any other feature which led the historic resource to be designated as a landmark; and

b. In the case of construction of a new improvement upon a landmark or landmark site, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing improvements on said landmark or landmark site.

2. Relocation of Landmarks. In considering whether to recommend approval or disapproval of an application for a permit to relocate a landmark, the committee shall be guided by the following considerations:

a. The historic character and aesthetic interest the setting contributes to the landmark;

b. Whether the landmark can be moved without significant damage to its physical integrity; and

c. Whether the proposed relocation area is compatible with the historical and architectural character of the landmark.

3. Demolition of Landmarks.

a. Economic Hardship. Demolition of a landmark constitutes an irreplaceable loss to the quality and character of the city. Therefore, no permit shall be issued for demolition of a landmark unless the applicant shows clear and convincing evidence of unreasonable economic hardship:

b. Balancing Required. The committee shall be guided in its determination by balancing the historic value of the particular landmark against the merit of the proposed replacement project.

c. Approval of Permit. Should the applicant for demolition satisfy the committee that an unreasonable 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 committee shall approve the application for a demolition permit.

d. Negotiations Prior to Demolition Application Decision.

i. Prior to the committee'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 committee. The planning department shall prepare a report for the committee analyzing alternatives to demolition, and request from other city departments or agencies information necessary for the preparation of this report.

ii. The negotiation period may take up to six months before the request for a demolition permit is brought to the committee. This time period may be further extended by mutual consent of the city and the applicant.

iii. 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:

(A) The owner enters into a binding contract for the sale of the building or structure;

(B) Approved arrangements are made for the building or structure to be moved to an approved new location; or

(C) 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.

1. 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 committee, 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 committee.

2. The committee may require that an applicant furnish information additional to what was submitted that is relevant to its determination of unreasonable economic hardship. The committee may also furnish additional information as the committee believes is relevant. The committee shall also state which form of financial proof it deems relevant and necessary to a particular case.

3. Evidence which may be considered in determining whether unreasonable economic hardship exists, includes, but is not limited to, the following:

a. Bona fide efforts to rent or sell the building or structure have been unsuccessful;

b. 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;

c. It is not economically or technically feasible to renovate or undertake an alternative development compatible with the permit criteria outlined in this chapter;

d. Personal or economic circumstances exist which preclude the applicant from performing work in compliance with the permit criteria outlined in this chapter;

e. Land use regulations and development standards, set forth in the city's zoning ordinance and the Uniform Building Code, preclude necessary renovations or a feasible use of the landmark.

E. Appeal Procedure—Director's Action.

1. An applicant may appeal the director's decision to the committee by filing a written appeal directed to the committee with the department of planning and community development within ten days from the date of action by the director. The notice of appeal shall indicate the grounds for the appeal.

2. The committee shall schedule a public hearing to be held no later than thirty days after the notice of appeal is filed and shall render its decision within thirty days of closing the public hearing.

3. In ruling upon the appeal, the committee shall consider the same factors as the director, the report of the city or the director, and any other matters presented at the hearing on the appeal. If the committee approves the application, it shall direct the director of planning and community development to issue a permit for the work covered. If the committee disapproves the application, it shall direct the director of planning and community development not to 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.

4. The decision of the committee may be appealed as provided for in subsection F of this section.

F. Appeal Procedure—Committee's Action.

1. An applicant may appeal the committee's decision to the city council by filing a written appeal directed to the council with the city clerk within ten days from the date of action by the committee. The notice of appeal shall indicate the grounds for the appeal.

2. The city council shall schedule a public hearing to be held no later than thirty days after the notice of appeal is filed and shall render its decision within thirty days of closing the public hearing.

3. In ruling upon the appeal, the city council shall consider the same factors as the committee, the report of the city or the director, and any other matters presented at the hearing on the appeal. If the city council approves the application, it shall direct the director of planning and community development to issue a permit for the work covered. If the city council disapproves the application, it shall direct the director of planning and community development not to 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.

(Ord. 670 § 1 (part), 1989.)

Nothing in this chapter shall be construed to prevent any demolition necessary to correct or eliminate the unsafe or dangerous condition of any designated or proposed landmark, or such condition as has been declared unsafe or dangerous by the department of building and safety and where such demolition is necessary to correct or eliminate such condition and has been ordered by the department of building and safety.

(Ord. 670 § 1 (part), 1989.)

The owner, occupant, or other person in actual charge of a landmark shall keep in good repair all of the exterior portions of such landmark, 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 of any exterior feature. It shall be the duty of the building official and/or code enforcement officer to enforce this section.

(Ord. 670 § 1 (part), 1989.)

A. Methods of Enforcement. In addition to the regulations of this chapter, other chapters of this code and other provisions of law which govern the approval or disapproval of applications for permits or licenses covered by this chapter, the building officer shall have the authority to implement the enforcement thereof by any 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 authorized to institute any actions to that end; or

3. Calling upon the chief of police and authorized agents to assist in the enforcement of this chapter.

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 one thousand dollars or be imprisoned for a period not exceeding six months or be so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. 670 § 1 (part), 1989.)