Ventura Municipal Code § 24.455.150 Private property rights

This chapter is adopted pursuant to the municipal affairs provisions of the City Charter for the purpose of establishing procedures for identifying, designating and preserving historic landmarks or points of interest that were the site of a historic event, that are connected with the life of an important person, or that contain a building, structure, or other object that is architecturally significant, representative of a type, period or particular method of construction, or is associated with a significant builder, architect, designer or artist. (Ord. No. 2005-004, § 3, 5-2-05)

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

“Historic district” means a geographically definable area possessing a significant concentration, linkage or continuity of site, buildings, structures and/or objects united by past events, or aesthetically by plan or physical development, regardless of whether such a district may include some buildings, structures, sites, objects, or open spaces that do not contribute to the significance of the district.

A historic district can generally be distinguished from surrounding areas (1) by visual change such as building density, scale, type, age, or style; or (2) by historic documentation of different associations or patterns of development. The number of nonsignificant properties a historic district can contain yet still convey its sense of time and place and historical development depends on how these properties impact the historic district’s integrity.

“Landmark” means any real property such as building, structure, or archaeological excavation, or object that is unique or significant because of its location, design, setting, materials, workmanship or aesthetic feeling, and is associated with:

1. Events that have made a meaningful contribution to the nation, state or community;

2. Lives of persons who made a meaningful contribution to national, state or local history;

3. Reflecting or exemplifying a particular period of the national, state or local history;

4. Embodying the distinctive characteristics of a type, period or method of construction;

5. The work of one or more master builders, designers, artists or architects whose talents influenced their historical period, or work that otherwise possesses high artistic value;

6. Representing a significant and distinguishable entity whose components may lack individual distinction; or

7. Yielding, or likely to yield, information important to national, state or local history or prehistory.

“Point of interest” means any real property or object:

1. That is the site of a building, structure or object that no longer exists but was associated with historic events, important persons, or embodied a distinctive character of architectural style;

2. That has historic significance, but was altered to the extent that the integrity of the original workmanship, materials or style is substantially compromised;

3. That is the site of a historic event which has no distinguishable characteristics other than that a historic event occurred there and the historic significance is sufficient to justify the establishment of a historic landmark. (Ord. No. 2005-004, § 3, 5-2-05)

A. The director may require applications for any development proposal involving buildings or structures over 40 years of age that are not designated or have not been identified in a previous historic resources survey adopted by the city council to provide a historic resources assessment report (or “Phase I”) prepared by a city-designated historic preservation professional and funded by the applicant. The director will base this decision on the following considerations:

1. The building or structure appears to retain historic integrity; and

2. There is evidence that the building or structure embodies the distinctive characteristics of an architectural style or type, or is associated with someone on the city’s list of significant architects and builders; or

3. There is evidence that the building or structure is associated with important historical events or persons.

B. If the director determines a building or structure is a potential historic resource, then historic design review is required based on Section 24.545.030(A)(3) subject to the Secretary of the Interior’s Standards and Guidelines for the Treatment of Historic Properties and any other applicable historic resource design guidelines. (Ord. No. 2021-017, § 48, 12-13-21)

The city council shall have the sole authority to declare landmarks or points of interest and to remove such designations. (Ord. No. 2005-004, § 3, 5-2-05)

Unless otherwise provided in this chapter, the procedures for historic preservation applications and decisions will adhere to Section 24.500.060 as it relates to initiation, decision-making authority, notice and hearing, appeals, failure to comply with conditions and amendments. (Ord. No. 2021-017, § 49, 12-13-21)

Editor’s note(s): Section 49 of Ord. No. 2021-017 , adopted December 13, 2021, amended Section 24.455.140 in its entirety to read as herein set out. Former Section 24.455.140 pertained to notices and derived from Ord. No. 2005-004, adopted May 2, 2005.

Designation of a landmark or historic point of interest is not intended, and shall not be construed, to infringe upon the rights of a private property owner to make any and all reasonable uses of such landmarks consistent with the purpose of this chapter. (Ord. No. 2005-004, § 3, 5-2-05)