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HomeMy WebLinkAbout11A - ORD - ESTABLISH AND UPDATE VARIOUS DEVELOPMENT PROCESSING FEE AMTSORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 30-6 AND 30-8 OF THE SANTA ANA MUNICIPAL CODE AUTHORIZING IMPOSITION OF FEES FOR AN APPLICANT SEEKING APPROVAL FOR A MAJOR EXTERIOR MODIFICATION TO A HISTORIC STRUCTURE 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: A. Since 2003, the City has required review and approval of any person's request to make substantial physical exterior modifications to a structure listed on the City's list of historic resources. B. In some cases, the City's review of such applications have involved extensive research, use of outside historic experts, and multiple public hearings, including public hearings before the City Council on appeal. C. In other cases, which do not involve proposed substantial exterior modifications, the City has established procedures for administrative approval of modification requests by city staff which eliminates the need for applications, extensive review or any public hearings. D. It is appropriate for the City to impose a reasonable application processing fee on individual property owners who are seeking approval by the City to make substantial physical exterior modifications to historic structures. E. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Ordinance No. NS-XXX Page 1 of 5 11 A-1 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 Ordinance. 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 Ordinance. 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. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(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 resources or the ecological habitat upon which wildlife resources depend. The proposed project simply relates to processing fees. Therefore, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 3. Section 30-6 of the Santa Ana Municipal Code is hereby amended to provide an application processing fee to individuals seeking to make substantial physical exterior modifications to historic structures, such that it reads as follows: 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) An application for exterior modification of a historic structure shall be accompanied, except for those subject to administrative approval by city staff pursuant to subdivision (a), by payment of an application fee set in such amounts as shall be established by resolution of the city council. Ordinance No. NS-XXX Page 2 of 5 11 A-2 (c) 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 4. Section 30-8 of the Santa Ana Municipal Code is hereby amended to provide an fee to individuals seeking to appeal to City Council applications to make substantial physical exterior modifications to historic structures, such that it reads as follows: Sec. 30-8. Appeals from decisions of historic resources commission. (a) An appeal from a decision or requirement of the historic resources commission may be made by any interested party, individual or group. (b) Any appeal made under the terms of this section shall be made within ten (10) calendar days following the date of the decision by the historic resources commission, and shall be accompanied by payment of an appeal fee set in such amounts as shall be established by resolution of the city council. Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the decision by the historic resources commission. If such tenth calendar day ends on a Saturday, Sunday or holiday, the ten-day period shall end at 5:00 p.m. on the next regular business day. The formal action by the historic resources commission shall become effective on the day following the first regularly scheduled council meeting after the ten-day appeal period, unless the city council, in compliance with section 41-643, section 41-644 or section 41- 645, 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 such appeal shall be filed with the planning department and the clerk of the council. (d) Upon receipt of such appeal, the planning department shall set the matter for hearing by the council. (e) All appeals shall be heard in the same manner as prescribed for the original hearing. Ordinance No. NS-XXX Page 3 of 5 11 A-3 (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 historic resources commission was based. (g) The council may, after public hearing, affirm, reverse, change, or 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 (1) copy thereof shall be sent to the applicant. Section 5. 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. ADOPTED this day of 2009 Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Benjamin Kaufman Chief Assistant City Attorney Ordinance No. NS-XXX Page 4 of 5 11 A-4 AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No. NS-XXX Page 5 of 5 11 A-5 11 A-6