HomeMy WebLinkAboutNS-2382 - Authorizing the City to Enter into Historic Property Preservation Agreements Pursuant to California State LawORDINANCE NO. NS-2382
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AUTHORIZING THE CITY TO ENTER
INTO HISTORIC PROPERTY PRESERVATION
AGREEMENTS PURSUANT TO CALIFORNIA STATE LAW
WHEREAS, California Government Code sections 50280, et seq.
authorize the legislative body of a city to contract with a
property owner to restrict the use of property deemed historic;
and
WHEREAS, the restriction of the property will preserve its
historic and cultural significance while providing various
incentives for the property owner; and
WHEREAS, this council has determined that the preservation of
existing historic structures is essential for the protection of
the historic heritage of the C~ty of Santa Ana.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES ORDAIN AS FOLLOWS:
SECTION 1: That Chapter 30 of
is hereby amended to add Division I,
to read as follows:
the Santa Ama Municipal Code
sections 30-25 through 30-30,
DIVISION 1. HISTORIC PROPERTY PRESERVATION AGREEMENTS
Sec. 30-25. Purpose and intent.
The city council finds and determines that entering into
historical property preservation agreements, as hereinafter
provided, will provide an incentive for owners of properties
listed on the City of Santa Ana Register of Historical Property
to preserve the historic and architectural character of their
property, thereby providing a cultural benefit to the citizens of
the city.
Sec. 30-26. Definitions.
"Eligible historic property" shall mean property that is
listed on the City of Santa Ana Register of Historical
Properties.
"Historic Property Preservation Agreement", shall mean an
agreement between the owner(s) or agent for the owner(s) of an
eligible historic property and the city, meeting all requirements
of this division.
24
Sec. 30-27. Authority.
The historic resources commission reviews and forwards
recommendations for historic property preservation agreements to
the city council for approval consistent with the procedures
established in Chapter 2, section 2-374(c), of this Code.
Sec.30-28. Eligibility.
Eligibility for historic property preservation agreements
are limited to the owner(s) of properties duly listed on the City
of Santa Ana Register of Historical Properties.
Sec. 30-29. Required provisions of agreements.
'The ~e~di~ed proxisions of a'~istoric property preservation".
agreement are those as stipulated pursuant to California
Government Code Section 50281 et seq. and any additional
provisions required by the council as deemed appropriate to
preserve eligible historic properties.
Sec. 30-30. Application procedures and processing fee for
agreements.
Ail applications for historic property preservation
agreements shall be made in writing and filed with the planning
and building agency upon forms provided by the agency. The
procedures and content of the application and review of historic
property preservation agreements shall be provided by the
executive director of the planning and building agency, or his or
her designee, to effectuate implementation of this division. A
historic property preservation agreement application shall be
accompanied by a nonrefundable application fee, established by
council resolution, to offset the cost to administer the
agreement.
SECTION 2: 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 3: 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.
kDOPTED this 15th day of
March
, 1999.
ATTEST:
c.. Guy ·
af21e~k of the Council/
ML~el A. Pulido
Mayor
COUNCILMEMBERS:
Pulido Aye
Lutz Aye
Bist Aye
Christy Aye
Franklin Aye
McGuigan Aye
Moreno Aye
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
CERTIFICATE OF ORIGINALITY & PUBLICATION
State of Califomia
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No.
,,?_~ - _x al X ~ to be the original ordinance adopted by the City Council of the City of Santa
Aha on _~ I t-~-/q~ ; and that said ordinance was published in accordance with the
Charter of thdCity/of'Santa Ana.
// / Cl~rk o~the l~oun~'-/''~'~
~', City of Santa Am/ /