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HomeMy WebLinkAbout11A - REGISTER OF HISTORICAL PROPERTIES REQUEST FOR . fi; COUNCIL ACTION R-~° e. CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 16, 2010 TITLE: APPROVED ? As Recommended SECOND READING - ORDINANCE AMENDMENT NO . ? As Amended 2 0 0 9 - 0 2 TO AMEND CHAPTER 3 0 OF THE SANTA ? Ordinance on 15` Reading ? Ordinance on 2"d Reading ANA MUNICIPAL CODE TO ESTABLISH A NEW ? Implementing Resolution APPLICATION FEE FOR THE PRIVATE PARTY ? Set Public Hearing For NOMINATION OF PROPERTIES OF THE SANTA ANA REGISTER OF HISTORICAL PROPERTIES CONTINUED TO / - FILE NUMBER CITY MANAGER RECOMMENDED ACTION Place on second reading and adopt Ordinance Amendment No. 2009-02 to add section 30-2.4 to the Santa Ana Municipal Code establishing a fee requirement for private party applications to designate a building on the Santa Ana Register of Historical Properties, or appeal to the City Council. DISCUSSION i On February 1, 2010 the City Council voted to approve an ordinance to establish a new application fee for the voluntary listing of properties on the Santa Ana Register of Historic Places and placed these new fees on the Miscellaneous Fee Schedule. This is a second reading of the ordinance. ENVIRONMENTAL IMPACT This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act (CEQA). The establishment of this fee is exempt from further review pursuant to Section 15061 (b) (3) This exemption states that, "A project is exempt from CEQA if: The activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The establishment of an application fee to cover the costs of preparing the necessary reports and public review 11 A-1 Ordinance Second Reading Ordinance Amendment No. 2009-02 February 16, 2010 Page 2 for the private party listing of a property on the Santa Ana Register of Historical Properties will not result in the removal of any currently listed properties from the Register, thereby creating no impact to historic resources. In addition, the City of Santa Ana will not be precluded from placing new properties on the Register as a result of the establishment of this fee, thereby ensuring that there are no future impacts to potential historic resources. Therefore, the establishment of this fee meets the "General Rule" exemption pursuant to Section 15061 (b) (3) . The establishment of this fee is also statutorily exempt from further review pursuant to Section 15273(a)(1), which states that, "CEQA does not apply to the establishment, modification, structuring restructuring, or approval of rates, tolls, fares, and other charges by public agencies which the public agency finds are for the purpose of: (1) Meeting operating expenses, including employee wage rates and fringe benefits." The methodology used to establish the fee for private party applications to designate a building on the Santa Ana Register of Historical Properties was based entirely on the direct and indirect costs to perform the work necessary to prepare the documents needed for the listing. This cost is entirely comprised of City operating expenses and staff time. This methodology is in compliance with State regulations requiring that fees not be in excess of the cost to provide service. Therefore, the establishment of this fee meets the statutory exemption criteria pursuant to Section 15273(a)(1) A Notice of Exemption will be filed for this project . FISCAL IMPACT There is no fiscal impact associated with this action. Jai Trevino Executive Director Planning & Building Agency KH:rb Rb\reports\Historic Registry Fee Second Reading.cc 11 A-2 ORDINANCE NO. NS-X~CX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 30 OF THE SANTA ANA MUNICIPAL CODE TO AUTHORIZE AN APPLICATION AND APPEAL FEE TO BE CHARGED TO APPLICANTS SEEKING TO ADD A PROPERTY TO THE CITY'S REGISTER OF HISTORIC PLACES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Since the establishment of the City of Santa Ana Historic Register, staff services required to place a private property on the Register have been provided for free. B. In the almost 10 years that the program has been in existence the City, through a combination of City-initiated and self-nominated applications, has added over 540 properties to the Historic Register. C. Given the City's current and future projected budget status, the amount of staff work required to place private properties on the Historic Register, and the current inventory of properties already listed on the Register, staff believes that it is now prudent to institute a fee for private party nominations of properties to the City of Santa Ana Register of Historical Properties. Section 2. Section 30-2.4 is added to Chapter 30 of the Santa Ana Municipal Code to read in full as follows: Sec. 30-2.4. Same--Filing fees. Every application under this chapter to designate a building, or part thereof, structure, object or site for inclusion on the city register of historical properties or appeal to the city council shall be accompanied by a filing fee. No application shall be accepted for filing without the required fee, except that all governmental agencies are exempt from the fee requirement. The city council shall from time to time by resolution adopt a schedule of fees to be charged, a copy of which shall be maintained in the office of the planning department. 11 A-3 Section 3. 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 2010. Miguel A. Pulido Mayor APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Benjamin Kaufman Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 11 A-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- 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 11 A-5 11 A-6