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HomeMy WebLinkAboutNS-2455 - Amending Chapter 30 of Santa Ana Municipal Code Regarding Places of Historical and Architectural Significance219 ORDINANCE NO. NS-2455 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: The City Council has reviewed and considered the information contained in the initial study and the negative declaration prepared with respect to this Project, together with ail comments and response to comments. The City Council has, as a result of its consideration, and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act and the State CEQA Guidelines, a Negative Declaration adequately addresses the expected environmental impacts of this Project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the negative declaration for Environmental Review No. 00-128 and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. SECTION 2: That Santa Ana Municipal Code Section 30-1 is hereby amended to read as follows: Sec. 30-1. Register of historical property. The historic resources commission may, by resolution and at a noticed public hearing, designate as historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the City of Santa Aha in accordance with the criteria set forth in section 30-2. The commission secretary 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 historic resources 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 3: That Santa Ana Municipal Code section 30-1.5 is hereby amended to read as follows: Sec. 30-1.5. Definitions. Historic district and neighborhood means a collection or group of historic structures within a defined area. ORDINANCE NO. NS-2455 PAGE 1 OF 7 22O Histo#c structure means a building designated as having historical significance and listed on the Federal, State or local Santa Ana Register of Historical Properties, as well as those contributing properties located in an historic district. Alteration means changing the physical exterior of an historic structure. This does not include painting. Restoration means changing the physical exterior of an historic structure to reflect its significant era of construction and design. Register of historical property means the official list of historic structures in Santa Ana. SECTION 4: That Santa Ana Municipal Code section 30-2 is hereby amended to read as follows: Sec. 30-2. Criteria for selection. (a) Any person or group may request a building, or part thereof, object, structure, site, or district, to be designated to be included on the City of Santa Ana Register of Historical Property (called "register" in this section). 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 fifty (50) or more years old and if the commission finds that one (1) or more of the following conditions are met: (1) Structures with distinguishing characteristics of an architectural style or period, structures that exemplify a particular architectural style or design features; (2) Works of notable architects, builders, or designers whose style influenced the city's architectural development; (3) Rare structures and original designs; (4) Buildings of historical significance which include places: a. Where important events occurred; Associated with famous people, original settlers, renowned organizations and businesses; c. Which were originally present when the city was founded; or That served as important centers for political, social, economic, and cultural activity. ORDINANCE NO. NS-2455 PAGE 2 OF 7 221 (5) Historic landmark sites; (6) Sites of archaeological importance; (7) Buildings that were connected with a business or use which was once common, but is now rare. (b) 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, the resolution of designation shall be recorded with the County Recorder's Office pursuant to California Public Resources Code section 5029, as it may be amended from time to time. SECTION 5: That Santa Ana Municipal Code section 30-2.1 is hereby amended to read as follows: Sec. 30-2.1. Criteria for selection; exceptions. A building less than fifty (50) years old may be nominated provided that it can be proven to be of exceptional significance as outlined in subsections 30-2(a)(1)-- (7), SECTION 6: That Santa Ana Municipal Code section 30-2.2 is hereby amended to read as follows: Sec. 30-2.2. Categorization. The historic resources commission shall, by resolution and at a noticed public hearing, place all buildings, landmarks or districts on the Santa Ana Register of Historical Properties in one (1) of the following categories based upon the criteria for each category: (1) Landmark category. The building, landmark or district is on the national register or appears to be eligible to be placed on the register; or The building, landmark or district is on the state register or appears to be eligible to be placed on the register; or The building, landmark or district has an historical/cultural significance to the City of Santa Ana; or The building, landmark or district has a unique architectural. significance. ORDINANCE NO, NS-2455 PAGE 3 OF 7 222 (2) Key category. The building, landmark or district has a distinctive architectural style and quality; or The building, landmark or district is characteristic of a significant period in the history of the City of Santa Ana; or The building, landmark or district is associated with a significant person or event in the City of Santa Ana. (3) Contdbutive category. The building, landmark or district contributes to the overall character and history of a neighborhood or district and is a good example of period architecture and has not been substantially altered. The historic resources commission may at any time repeal, revise, or modify any such categorization upon reconsideration of the historical or architectural importance of the places therein described. SECTION 7: That Santa Ana Municipal Code section 30-6 is hereby amended to read as follows: Sec. 30-6. Historic resources commission approvals. The historic resources commission must approve all requests for exterior work to an historic structure. As part of the application for the request for exterior work, the applicant shall provide a list of the names and addresses of all owners of abutting property as shown on the latest available tax roll, including those that would have coterminous property lines if such lines were extended to the center lines of public rights-of-way. Notice of the meeting to consider the request for exterior work shall be provided to all such property owners. The minutes of the historic resources commission meeting will serve as the official record of the request. (1) No exterior physical alterations, restoration (other than painting), remodeling, rehabilitation, construction, relocation or demolition, other than those identified by the historic resources commission for administrative approval by city staff, shall be permitted with respect to an historic structure until the historic resources commission approves such request. (2) Structures determined by the building official to be unsafe will be considered on an individual basis. Such determination allows waiver of historic resources commission review if the structure is declared a threat to public safety, unfit for habitation or occupancy, or emergency repair is ORDINANCE NO. NS-2455 PAGE 4 OF 7 223 needed. Any alterations must be consistent with the overall architectural design and historic character of the structure and blend in with the surrounding environment. SECTION 8: That Santa Ana Municipal Code section 30-7 is hereby amended to read as follows: Sec. 30-7. Demolition of historic structures. (a) An application of intent to demolish an historic structure shall be submitted to the planning and building agency. At a noticed public hearing, the historic resources commission must review all applications for demolition permits for historic structures. The commission shall investigate all feasible alternatives to demolition. These alternatives include, but are not limited to: Seeking private citizens, local trusts, and other financial sources who may be willing to purchase the structure for restoration or relocation. (2) Publicizing the availability of the structure for purchase for restoration or relocation purposes. (3) Exploring possible sites for relocation of the historic building if on- site preservation is not possible. Any structure relocated under this section shall not require a residential relocation permit, pursuant to section 41-620 of this Code. (4) Suggesting to the city council that the city purchase the structure when private preservation or relocation is not feasible. (b) All of the above items are to be completed within two hundred and forty (240) days from the date of application submittal. After two hundred and forty (240) days, or at the conclusion of the environmental review period, whichever is longer, a demolition permit must be issued. Prior to the issuance of the demolition permit, the applicant shall provide, to the reasonable satisfaction of the commission, and at the applicant's sole cost, complete photo-documentation of archival quality and historical profile of the structure to be demolished, prior to the scheduling of the demolition. (c) Structures determined by the building official to be unsafe will be considered on an individual basis. Such determination allows the waiver of historic resources 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. ORDINANCE NO. NS-2455 PAGE 5 OF 7 224 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. ADOPTED this 4th day of December, 2000. A'FFEST: Patricia E. Healy ~/ Clerk of the Council COUNCILMEMBERS: Pulido Absent McGuigan Aye Alvarez Aye Bist Aye Christy Aye Franklin Aye Solorio Aye APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Cristine~L. Shaw ' Deputy City Attorney ORDINANCE NO. NS-2455 PAGE 6 OF 7 225 CERTIFICATE OF ORIGINALITY & PUBLICATION I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Ordinance No. NS-2455 to be the original ordinance adopted by the City Council of the City of Santa Ana on December 4, 2000; and that said ordinance was published in accordance with the Charter ofthe CityofSantaAna.Date:/~.~-/~'- ~/? Cie~r~k~f~h~i~z"~ ~~~ City of Santa Ana ORDINANCE NO. NS-2455 PAGE 7 OF 7