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HomeMy WebLinkAboutNS-2338 - Amending Chapter 30 of the Santa Ana Municipal Code Regarding Places of Historical and Architectural Significance'053 ORDINANCE NO. NS- 2338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 30 OF THE SANTA ANA MUNICIPAL CODE REGARDING PLACES OF HISTORICAL AND ARCHITECTURAL SIGNIFICANCE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Santa Ana Municipal Code Section 30-1 is hereby amended to read as follows: seo. 30-1. Register of historical property. The Planning Commission may, by resolution, designate as historical property any building or part thereof, object, structure, monument, or collection thereof having importance to the history or architecture of the City of Santa Ana in accordance with the criteria set forth in section 30-2. The secretary of the Planning Commission shall maintain a register which shall consist of copies of each such resolution and which shall be known as the City of Santa Ana Register of Historical Property. The Planning Commission may at any time repeal, revise, or modify any such resolution upon reconsideration of the historical or architectural importance of the places therein described. SECTION 2: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 30-1.5, which said section reads as follows: Sec. 30-1.5 Definitions. Historic District and Neighborhood. A collection or group of historic structures within a defined area. Historic Structure. historical significance. A building designated Alteration. Changing the physical exterior of structure. This does not include painting. as having an historic Restoration. Changing the physical exterior of an historic structure to reflect its original construction and design. Register of Historical Property. historic structures in Santa Ana. The official list of 1 054 ORDINAi~CE ~,~S-2338 SECTION 3: That Santa Ana Municipal Code Section 30-2 is hereby amended to read as follows: Sec. 30-2. Cr~teri& for selection. Any person or group may request a structure, site, or district to be designated to be included on the city of Santa Ana Register of Historical Property (herein called 'Register'). The applicant must submit documentation that demonstrates how the nominated structure or site satisfies the criteria for designation. A building, landmark or district may be designated for inclusion on the Register if the building is 50 or more years old and if the Commission finds that one or more of the following conditions are met: (a) Structures with distinguishing characteristics of an architectural style or period, structures that exemplify a particular architectural style or design features; (b) Works of notable architects, builders, or designers whose style influenced the City's architectural development; (c) Rare structures and original designs; (d) Buildings of historical significance places: which include 1. where important events occurred; or 2. associated with famous people, original settlers, renowned organizations and businesses; or 3. which were originally present when the city was founded; or 4. that served as important centers for political, social, economic, and cultural activity. (e) Historic landmark sites; (f) Sites of archaeologicaI importance; (g) Buildings that were connected with a business or use which is was once common, but is now rare. The owner of a property(s) must be notified of its nomination upon receipt of an application by the Planning and Building Agency. Upon adoption and placement of the property on the register, such designation is to be placed on the title of the property to provide notification of future property owners of said designation. ORDINANCE NS-2338 *~0~55 SECTION 4: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 30-2.1, which said section reads as follows: ~ ~ ~ Bec. 30-2.1 Criteria for selection. Exceptions. A building less than 50 years old may be nominated provided that is can be proven to be of exceptional significance as outlined in Sec. 30-2 (a) - (g). SECTION 5: That Santa Ana Municipal Code Section 30-3 is hereby amended to read as follows: Bec. 30-3. Application of state historical building code. Any building or structure designated as having historical or architectural importance by inclusion in the Santa Ana Register of Historical Property shall be deemed a "qualified historical building or structure" for purposes of applying the state historical building code, as set forth in Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code of the State of California and Part 8 of Title 24 of the California Administrative Code. The City's Building Official is authorized to apply the said state historical building code to any such building or structure. SECTION 6: That Santa Ana Municipal Code Section 30-4 is hereby amended to read as follows: Bec. 30-4. Historic Districts end Neighborhoods. The Planning Commission, after public hearing noticed and held in the manner prescribed by Section 37628 of the Health and Safety Code of the State of California, may, by resolution designate any area within the city as an historical district or neighborhood upon finding that such area complies with one or more of the following standards: (a) The area constitutes a distinct section of the city and has special character, historical, architectural, or aesthetic interest and value. (b) The area provides significant examples of architectural values of the past or landmarks in the history of architecture. (c) The area serves as a reminder of past eras, events, or persons important in the history of the City of Santa Ana, the County of Orange, the State of California or the United States of America or illustrates past living styles for future generations to observe, study, or inhabit. 3 ORDINANCE NS-2338 (d) The area is the site of an historically or culturally significant ground, garden, or object. SECTION 7: That the Santa A~a Municipal Code is hereby amended by adding a section, to be numbered 30-6, which said section reads as follows: Sec. 30-6. Planning Commission approvals. Planning Commission must approve all requests for exterior work or demolition of a structure. The minutes of the Planning Commission meeting will serve as the official record and authorization regarding approvals or denials of any requests. (a) No exterior physical alterations, restoration (other than painting), remodeling, rehabilitation, construction, relocation or demolition, other than those identified by the Planning Commission for administrative approval by city staff, shall be permitted with respect to a historic structure until the Planning Commission reviews such request. (b) Structures determined by the Building official to be unsafe will be considered on an individual basis. Such determination allows waiver of Planning Commission review if the structure is declared a threat to public safety, unfit for habitation or occupancy, or emergency repair is needed. Any alterations must be consistent with the overall architectural design and historic character of the structure and blend in with the surrounding environment. ~: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 30-7, which said section reads as follows: sec. 30-7. Demolition of Historic Structures. An application of Intent to Demolish an Historic Structure is submitted to the Planning and Building Agency. The Planning and Building Agency must approve all applications for demolition permits. The Planning and Building Agency will review and approve each application on a case by case basis. The Planning and Building Agency shall investigate all feasible alternatives to demolition. These,alternatives include, but are not limited to: (a) Seeking private citizens, local trusts, and other financial sources who may be willing to purchase the structure for restoration. (b) Publicizing the availability of the structure for purchase for restoration purposes. 4 (c) Exploring possible sites for relocation of the historic building if on site preservation is not possible. (d) Suggesting to the City Council that the city purchase the structure when private preservation is not feasible. Ail of the above items are to be completed within 120 days from the date of application submittal. After 120 days, or when all of the above items have been completed, whichever is shorter, a demolition permit must be issued. If approval for demolition is permitted, authorization to document the structure byphotographing is to be permitted prior to the scheduling of the demolition. Structures determined by the Building official to be unsafe will be considered on an individual basis. Such determination allows the waiver of Planning Commission review and the required review period for demolition if the structure is declared a threat to public safety or unfit for habitation or occupancy. SECTION 8: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 30-8, which said section reads as follows: Sec. 30-8, Appeals from decisions of Planning CommiSsion. (a) An appeal from a decision or requirement of the Planning Commission may be made by any interested party, individual or group. (b) Any appeal made under the terms of this article shall be made within ten (10) calendar days following the date of the decision by the Planning Commission. Further, said appeal period shall end at 5:00 p.m. on the tenth calendar day following said date of the decision by the Planning Commission. If said tenth calendar day ends on a Saturday, Sunday or holiday, the ten (10) day period shall end at 5:00 p.m. on the next regular business day. The formal action by the Planning Commission shall become effective on the day following the first regularly scheduled Council meeting after the ten (10) day appeal period, unless the City Council in compliance with section 41-643, section 41-644 or section 41-645 of this article V, holds a public hearing on the matter, then the decision of the City Council will become effective on the day following the hearing and decision by the city Council. (c) All appeals shall be in writing and on forms provided by the planning department and shall specify wherein there was any error of decision or requirement by the Commission. Furthermore, a copy of said appeal shall be filed with the planning department and the Clerk of the Council. (d) Upon receipt of said appeal, the planning department shall set the matter for hearing by the Council. 058 ORDINANCE NS-2338 (e) Ail appeals shall be heard in the same manner as prescribed for the original hearing. (f) Upon filing of an appeal, the planning department shall forward to the Clerk of the Council a copy of the written findings, maps, papers and exhibits upon which the decision of the Planning Commission was based. (g) The Council may, after public hearing, affirm, reverse, change, modify the original decision and may make any additional determination it shall consider appropriate within the limitations imposed by this chapter. Such decision shall be filed with the Clerk of the Council, and the City planning department; one copy thereof shall be sent to the applicant. SECTION 9: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 10: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. 6 ORDINANCE NS-2338 ADOPTED this 1st ATTEST :~ cou"o l COUNCILMEMBERS: Pulido Aye Richardson Ave Espinoza Ave Franklin Aye Lutz Ave McGuigan Ave Moreno Ave day of December , 1997. Mayor CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. ~d,~- ,,7 _:5 ~,f' to be the original ordinance adopted by the City Council of the City of Santa Aha on /2 - / -~' 7 . and that said ordinance was published in accordance with the Charter of the City of Santa Ama. Date: /o~- ~7-~7 C'94cofSanta Ama