HomeMy WebLinkAboutNS-2521 - Amending Chapter 30 of Santa Ana Municipal Code Regarding Places of Historical and Architectural SignificanceORDINANCE NO. NS-2521
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 of the City of Santa Ana hereby finds, determines
and declares as follows:
The City of Santa Aha is committed to preservation of historic al properties in
the City of Santa Ana. As part of the continuous improvement of these
preservation efforts, amendments to Chapter 30 have been proposed.
The Historic Resources Commission of the City of Santa Ana held a duly
noticed public hearing on December 5, 2002, on Ordinance Amendment No.
2002-85 and voted by a vote of 8:0 (Richardson absent) that the City
Council adopt an ordinance approving Ordinance Amendment No. 2002-85.
The Request for Council Action for this ordinance dated January 6, 2002
and duly signed by the city manager and all accompanying materials,
shall, by this reference be incorporated herein, and together with this
ordinance, any amendments or supplements and the oral testimony before
the City Council, shall constitute the necessary findings for this ordinance.
The City Council has considered all of the written and oral testimony
offered concerning whether to adopt this ordinance.
Section 2. The City Council has reviewed and considered the information
contained in the initial study and the negative declaration prepared with respect to this
Project. 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 ("CEQA") 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 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.
Ordinance No. NS-2521
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Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1 ), the City
Council has determined that, after considering the record as a whole, there is no evidence
that the proposed project will have the potential for any adverse effect on wildlife resoumes
or the ecological habitat upon which wildlife resoumes depend. The proposed project
exists in an urban environment characterized by paved concrete, roadways, surrounding
buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.2 and
Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not
required in conjunction with this project.
SECTION 3: That Santa Ana Municipal Code Section 30-1 is hereby amended to
read as follows (new language in bold, deleted language in strikeout):
Sec. 30-1. Register of Historical Properties.
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 Ana 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 Properties. 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 4: That Santa Ana Municipal Code Section 30-1.5 is hereby amended
to read as follows (new language in bold, deleted language in strikeout):
Sec. 30-1.5. Definitions.
Certificate of appropriateness means the method by which the historic
resources commission approves modifications to a historic property pursuant to
Santa Ana Municipal Code Section 30-6. Local historic district means a collection
or group of historic properties within a defined area. Historic property shall
include a building, structure, object or site 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. Modification means any change, alteration, restoration,
remodeling, rehabilitation, construction, or relocation of the physical exterior of a
historic structure. Modification shall not include painting.
Santa Ana Register of Historical Properties means the official list of historic
properties in Santa Ana. Dangerous Building shall have the same definition as
the Uniform Code for the Abatement of Dangerous Buildings which may from
time to time be amended.
Ordinance No. NS-2521
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SECTION 5: That Santa Ana Municipal Code Section 30-2 is hereby amended
to read as follows (new language in bold, deleted language in strikeout):
Sec. 30-2. Criteria for selection.
(a) Any person or group may request a building, or part thereof, ,
structure, object or site, to be designated to be included on the City of Santa Ana
Register of Historical Properties (called "register" in this section). The applicant
must submit documentation that demonstrates how the nominated building,
structure, object or site satisfies the criteria for designation. A building, structure,
object, or site may be designated for inclusion on the register if the building,
structure, object or site is fifty (50) or more years old and if the commission finds
that one (1) or more of the following conditions are met:
(1) Buildings, structures or objects with distinguishing characteristics of an
architectural style or period, that exemplify a particular architectural style
or design features;
(2) Works of notable architects, builders, or designers whose style
influenced architectural development;
(3) Rare buildings, structures, or objects or original designs;
(4) Buildings, structures, objects or sites of historical significance which
include places:
a. Where important events occurred;
b. Associated with famous people, original settlers, renowned
organizations and businesses;
c. Which were originally present when the city was founded; or
d. That served as important centers for political, social, economic,
or cultural activity.
(5) Sites of archaeological importance;
(6) Buildings or structures 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.
Ordinance No. NS-2521
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SECTION 6: That Santa Ana Municipal Code Section 30-2.1 is hereby amended
to read as follows (new language in bold, deleted language in strikeout):
Sec. 30-2.1. Criteria for selection; exceptions.
A building, structure, object or site 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)-(6).
SECTION 7: That Santa Ana Municipal Code Section 30-2.2 is hereby amended
to read as follows (new language in bold, deleted language in strikeout):
Sec, 30-2.2. Categorization,
The historic resources commission shall, by resolution and at a duly
noticed public hearing, place all buildings, structures, objects, or sites on the
Santa Aha Register of Historical Properties in one (1) of the following categories
based upon the criteria for each category:
(1) Landmark category.
a. The building, structure, object or site is on the national register or
appears to be eligible to be placed on the register; or
b. The building, structure, object or site is on the state register or appears
to be eligible to be placed on the register; or
c. The building, structure, object or site has an historical/cultural
significance to the City of Santa Ana; or
d. The building, structure, object or site has a unique architectural
significance.
(2) Key category.
a. The building, structure, object or site has a distinctive architectural style
and quality; or
b. The building, structure, object or site is characteristic of a significant
period in the history of the City of Santa Aha; or
c. The building, structure, object or site is associated with a significant
person or event in the City of Santa Ana.
Ordinance No. NS-2521
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(3) Contributive category. The building, structure, object or site contributes to the
overall character and history of a neighborhood or district and is a good example
of period architecture.
The historic resources commission may after a duly noticed public hearing
revise, or modify any such categorization upon reconsideration of the historical or
architectural importance of the places therein described.
SECTION 8: That Santa Ana Municipal Code Section 30-2.3 is hereby added to
Chapter 30 of the Santa Ana Municipal Code to read in full as follows:
Sec. 30-2.3 Removal from the Santa Ana Register of Historical Properties.
(a) Any owner of a historic property may apply to the City for removal
from the Santa Ana Register of Historical Properties. The historic resources
commission shall by adoption of a resolution, following a duly noticed public
hearing, remove the historic property from the Santa Ana Register of Historical
Properties if the historic property meets one or more of the following:
(1) The building, structure, object or site does not meet the criteria for
being placed on the Santa Ana Register of Historical Properties; or
(2) Discovery of information subsequent to placement on the Santa Ana
Register of Historical Properties regarding the significance of the building,
structure, object or site, such that the criteria for placement on the Santa
Ana Register of Historical Properties is not met; or
(3) The building, structure, object or site has been substantially damaged
or destroyed by a catastrophic event such that it no longer meets the
criteria for placement on the Santa Ana Register of Historical Properties;
or
(4) There has been a loss of the integrity of the building, structure, object
or site, provided the loss of integrity was not the result of any illegal act or
willful neglect by the owner or agent of the owner; or
(5) The owner proves that he/she would have no economically viable use
of the property unless the building, structure, object or site is removed
from the Register of Historic Properties.
(b) The historic resources commission shall give notice of its decision,
which shall be final unless timely appealed pursuant to Section 30-8.
SECTION 9: That Santa Ana Municipal Code Section 30-3 is hereby amended
to read as follows (new language in bold, deleted language in strikeout):
Ordinance No. NS-2521
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Sec. 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 Properties 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 10: That Santa Ana Municipal Code Section 30-4 is hereby amended
to read as follows (new language in bold, deleted language in strikeout):
Sec. 30-4. Local historic districts.
(a) The historic resources 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, recommend that the City Council designate an
area within the city as a local historic district.
(b) A local historic district shall be designated only if it meets one or more
of the following standards:
(1) The area constitutes a distinct section of the city and has special
character, historical, architectural, or aesthetic interest and value.
(2) The area provides significant examples of architectural values of the
past or landmarks in the history of architecture.
(3) 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.
(4) The area is the site of a historically or culturally significant ground,
garden, or object.
(c) The City Council, after receiving the recommendation from the historic
resources commission, may by resolution designate the recommended area as a
local historic district. At the time of the creation of the local historic district, the
City Council may adopt design guidelines for the district.
SECTION 11: That Santa Ana Municipal Code Section 30-6 is hereby amended
to read as follows (new language in bold, deleted language in strikeout):
Ordinance No. NS-2521
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Sec. 30-6 Modification of historic properties.
(a) No exterior physical modifications, 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 at a duly noticed public hearing and issues a
certificate of appropriateness. The historic resources commission shall issue the
certificate of appropriateness upon finding that the proposed modification(s) does
not substantially change the character and integrity of the historic property. The
minutes of the historic resources commission meeting shall serve as the official
record.
(b) The building official may determine a historic property is a dangerous
building.. Modifications as determined necessary by the building official to
correct the dangerous building shall not require a certificate of appropriateness.
Modifications shall be consistent with the overall architectural design and historic
character of the structure and blend in with the surrounding environment.
SECTION 12: That Santa Ana Municipal Code Section 30-7 is hereby amended
to read as follows (new language in bold, deleted language in strikeout):
Sec. 30-7. Demolition of historic properties.
(a) An application of intent to demolish an historic property shall be
submitted to the planning and building agency. At a duly noticed public hearing,
the historic resources commission must review all applications for demolition
permits for historic properties. The commission shall investigate all feasible
alternatives to demolition. These alternatives include, but are not limited to:
(1) 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
Ordinance No. NS-252'1
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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) The building official may determine a historic property is a dangerous
building.. Such determination allows the waiver of historic resources commission
review and the required review period for demolition if the historic property is
declared a dangerous building.
Section 13. 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 14. The city clerk shall certify to the adoption of this ordinance and
cause the same to be published in the manner prescribed by law.
ADOPTED this 21st day of January, 2003.
/-'1~, uel A. Fi~ulido
L/mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
Kylee E~(~d ette
Deputy,City Attorney
Ordinance No. NS-2521
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AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers:
Alvarez, Bist, Christy, Franklin, Garcia, Pulido,
Solorio (7)
Councilmembers: None
Councilmembers: None (0)
Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Ordinance No. NS-2521 to be the original ordinance adopted by the City
Council of the City of Santa Ana on January 21,2003.
Date:
Clerk of the Council
City of Santa Ana
Ordinance No. NS-2521
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