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HomeMy WebLinkAboutItem 32 - Ordinance Amendment No. 2026-01 Relating to Modification of Historic Properties, Demolition by Neglect, Historic Property Transfer Disclosure, and Other Amendments of an Administrative Nature Planning and Building Agency 71 www.santa-ana.gov/pb Item # 32 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 4, 2026 TOPIC: Ordinance Amendment No. 2026-01 to Amend Portions of Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code Relating to Modification of Historic Properties, Demolition by Neglect, Historic Property Transfer Disclosure, and Other Amendments of an Administrative Nature AGENDA TITLE Ordinance Amendment No. 2026-01 to Amend Several Sections of Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code (SAMC) Relating to Modification of Historic Properties, Demolition by Neglect, Historic Property Transfer Disclosure, and Other Amendments of an Administrative Nature RECOMMENDED ACTIONS 1. Conduct a first reading and adopt an ordinance approving Ordinance Amendment No. 2026-01 to amend several sections of Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code relating to Modification of Historic Properties, Demolition by Neglect, Historic Property Transfer Disclosure, and other items of an administrative nature; and ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2026-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 30 (PLACES OF HISTORICAL AND ARCHITECTURAL SIGNIFICANCE) OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE MODIFICATION OF HISTORIC PROPERTIES, DEMOLITION BY NEGLECT, HISTORIC PROPERTY TRANSFER DISCLOSURE, AND OTHER ITEMS OF AN ADMINISTRATIVE NATURE, AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15060(c)(2), SECTION 15060(c)(3), AND SECTION 15061(b)(3), read by title only and waive further reading 2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under state CEQA Guidelines Section 15060(c)(2), Section 15060(c)(3), and Section 15061(b)(3). Ordinance Amendment 2026-01 : Chapter 30 - Places of Historical and Architectural Significance Ordinance (Citywide) August 4, 2026 Page 2 GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Background During the November 7, 2024, meeting of the Historic Resources Commission (HRC), Planning Division staff presented a study session, at the HRC's direction, regarding potential revisions to Chapter 30 of the SAMC. The presentation outlined regulatory options related to the following three topics: 1. Modification procedures for historic properties, including the regulation of alterations to a property's internal setting; 2. Demolition by neglect of historic properties; and 3. Disclosure requirements for a property's historic designation at the time of a real estate transfer. At the same meeting, the HRC established an Ad-Hoc Committee to work with Planning Division staff on the development of revisions to Chapter 30 addressing these topics. The Ad-Hoc Committee consisted of commissioners Manuel J. Escamilla, Irma Jauregui, and Ignacio Rincon. The Committee and staff met on May 5, July 24, and October 16, 2025. During the November 6, 2025, HRC meeting, Planning Division staff presented a study session that provided an overview of the ordinance revision process to date and summarized the recommended amendments. Commissioner Jauregui offered a recommendation for additional changes, requesting that a provision be added to require the historic status of a property to be recorded on its real estate profile. On March 5, 2026, the HRC conducted a duly noticed public hearing to consider Ordinance Amendment No. 2026-01. Following staffs presentation, Commission discussion, and public testimony, the Commission voted 7:0:1 (Commissioner Escamilla absent) to recommend City Council approval of the ordinance with several modifications. The Commission's recommended revisions included clarifying the definition of "internal setting" to expressly recognize features such as fencing and other site elements that contribute to a property's historic character, and expanding the historic property transfer disclosure requirements to include additional locally designated historic areas, including Specific Development No. 40 (Heninger Park). These recommendations have been incorporated into the proposed ordinance. Revisions Since Historic Resources Commission Recommendation Following the Historic Resources Commission's recommendation, the City Council approved Ordinance No. NS-3097, which dissolved the HRC and reassigned its historic preservation powers and duties to the Planning Commission. Accordingly, Ordinance Amendment No. 2026-01 has been revised to reflect the Planning Commission as the City's historic preservation review authority and to ensure continuity in the administration Ordinance Amendment 2026-01: Chapter 30 - Places of Historical and Architectural Significance Ordinance (Citywide) August 4, 2026 Page 3 of Chapter 30. Additional refinements were also made to improve clarity, establish administrative review procedures for routine historic property modifications, clarify review standards and definitions, expand the definition of internal setting to expressly include ribbon (Hollywood-style) driveways and fencing, and incorporate other technical and organizational revisions that improve implementation of the ordinance without altering its overall purpose or intent. Topic 1: Modification Procedures for Historic Properties Table 1: Summary of Current and Proposed Regulations— Modification Procedures for Historic Properties Item Existing Chapter 30 Proposed Chapter 30 Amendment Regulations Definitions Defines "historic property" as Section 30-1.5 revises "historic property," a designated building, establishes definitions for internal setting, structure, object, or site but primary facade, secondary elevation, does not clarify whether character-defining feature, substantially portions of the site outside visible, substantially obstruct, and other the primary structure are preservation terminology to improve clarity considered contributing to the and provide objective review standards. property's historic character. Modification Establishes regulations Section 30-6 establishes administrative review procedures requiring approval through a as the default process for modifications to Certificate of Appropriateness historic properties, with Planning Commission for exterior modifications to review limited to specified major modifications designated historic identified in Chapter 30. Requires all properties. modifications to be evaluated primarily using the Secretary of the Interior's Standards. Internal Setting None. Clarifies that historic review may apply to significant site features, including landscaping, fencing, hardscaping, ribbon (Hollywood-style)driveways, and spatial relationships, that contribute to a property's historic character. Routine maintenance None. Section 30-6(h) establishes a new exemption providing that routine maintenance of historic properties is exempt from the modification requirements of Section 30-6. The proposed amendments comprehensively reorganize the City's procedures for reviewing modifications to designated historic properties by establishing a clear, objective framework that distinguishes between modifications eligible for administrative approval and those requiring Planning Commission review. Rather than requiring Planning Commission review for nearly all exterior modifications, the ordinance establishes administrative review by the Executive Director, or designee, as the default approval process and reserves Planning Commission review for a defined list of major modifications that have the greatest potential to affect the character-defining features, historic setting, or integrity of a historic property. Ordinance Amendment 2026-01: Chapter 30 - Places of Historical and Architectural Significance Ordinance (Citywide) August 4, 2026 Page 4 This approach improves administrative efficiency while ensuring that projects with the greatest potential to impact historic resources continue to receive public review. Conversely, modifications not specifically identified for Planning Commission review may be approved administratively by the Executive Director, or designee, through issuance of a Certificate of Appropriateness upon finding that the proposed work is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties and does not substantially impair the character-defining features, historic setting, or integrity of the historic property. This administrative review process encompasses the majority of routine rehabilitation projects, including many minor exterior modifications, repairs, and alterations that are compatible with the historic resource. The proposed amendments also expand and clarify the City's review authority by recognizing that a historic property's significance may extend beyond the principal structure to include its internal setting. The ordinance refines the definition of "historic property" and establishes objective definitions for terms including "internal setting," "primary facade," "secondary elevation," and "character-defining feature." The amendments further clarify that historic review may apply to significant site features, including landscaping, hardscaping, fencing, and ribbon (Hollywood-style) driveways, where such features contribute to the property's historic character or are identified in official designation records. These additions provide greater clarity and consistency in the administration of Chapter 30 and reduce ambiguity during project review. Topic 2: Demolition by Neglect Table 2: Summary of Current and Proposed Regulations— Demolition by Neglect Item Existing Chapter 30 Proposed Chapter 30 Amendment Regulations Definitions No definition of demolition by Section 30-1.5 establishes a definition of neglect. "demolition by neglect"to clarify when deterioration of a historic property resulting from willful or negligent failure to maintain the property constitutes demolition by neglect. Demolition of historic Chapter 30 establishes Sections 30-7(d)and 30-8 establish properties procedures for review of procedures for identifying, notifying, and demolition requests for enforcing demolition by neglect violations. The historic properties but does ordinance clarifies that a determination by the not regulate deterioration Building Official that a property is a dangerous resulting from deferred building does not preclude a finding of maintenance or neglect. demolition by neglect and authorizes enforcement remedies, including temporary restrictions on discretionary approvals and permits for new construction until violations are corrected. Minimum No minimum maintenance Section 30-8 establishes objective minimum maintenance standards for designated maintenance standards requiring historic historic properties. properties to be maintained in a manner that Ordinance Amendment 2026-01 : Chapter 30 - Places of Historical and Architectural Significance Ordinance (Citywide) August 4, 2026 Page 5 Item Existing Chapter 30 Proposed Chapter 30 Amendment Regulations standards for historic preserves their historic character and eligibility properties for designation. The section identifies conditions constituting violations and authorizes the Building Official to enforce compliance. Enforcement No specific enforcement Establishes notice, compliance, correction, Procedures procedures addressing and administrative appeal procedures that demolition by neglect. provide property owners due process while allowing the City to proactively address deterioration before irreversible damage occurs. Because the current ordinance contains no minimum maintenance standards, no objective criteria for identifying demolition by neglect, and no enforcement procedures or penalties to address deterioration before demolition occurs, the proposed amendments establish a first- time comprehensive framework to proactively preserve designated historic resources. Rather than regulating only the demolition of historic resources, the ordinance provides the City with tools to address conditions that, if left uncorrected, could ultimately result in the irreversible loss of a property's historic character or structural integrity. New Section 30-8 establishes minimum maintenance standards requiring owners of designated historic properties to maintain exterior building elements, structural systems, weather protection, architectural features, and other character-defining elements in a manner that preserves the property's historic significance. The ordinance identifies objective conditions that constitute violations, including deterioration resulting from water intrusion, structural instability, defective roofing, exterior material failure, and other forms of deferred maintenance that threaten the continued preservation of the historic resource. The amendments also establish a structured enforcement process that emphasizes voluntary compliance before enforcement. When demolition by neglect is identified, property owners are provided notice of the violation, an opportunity to correct the deficiencies within prescribed timeframes, and administrative appeal rights consistent with due process principles. If violations remain uncorrected, the ordinance authorizes the City to pursue appropriate enforcement remedies, including temporary limitations on discretionary land use approvals and permits for new construction until the violation has been resolved. Importantly, the ordinance clarifies that a determination by the Building Official that a historic property constitutes a dangerous building does not preclude a separate finding of demolition by neglect. This distinction recognizes that public safety enforcement and historic preservation serve complementary, but separate, regulatory purposes. A property may require immediate action to address unsafe conditions while simultaneously remaining subject to preservation requirements intended to minimize the unnecessary loss of historic resources. Ordinance Amendment 2026-01: Chapter 30 - Places of Historical and Architectural Significance Ordinance (Citywide) August 4, 2026 Page 6 These amendments provide the City with a proactive framework for preserving designated historic resources by encouraging routine maintenance, establishing objective enforcement standards, and providing clear procedures that balance property owner rights with the City's interest in protecting its historic and cultural resources. Topic 3: Historic Property Disclosure Table 3: Summary of Current and Proposed Regulations— Historic Property Disclosure Item Existing Chapter 30 Proposed Chapter 30 Amendment Regulations Definitions Chapter 30 does not Section 30-1.5 adds definitions for currently define terms "buyer," "owner," and "real property related to historic property transaction"to support implementation disclosure. of historic property disclosure requirements. Historic property disclosure No requirement to Section 30-11 requires sellers of disclose a property's designated historic properties and historic designation during properties located within designated a real property historic districts or other specified transaction. locally designated historic areas to provide written notice of the property's historic designation to prospective buyers prior to transfer of title. Purchasing a designated historic property carries responsibilities that may differ from those associated with non-designated properties. Owners of historic properties are subject to Chapter 30 of the SAMC, including requirements governing modifications, demolition, and ongoing maintenance intended to preserve the property's historic character. Providing notice of a property's historic designation before the transfer of title helps ensure prospective purchasers are informed of these responsibilities and can make purchasing decisions with a clear understanding of the applicable regulations. Although a property's historic designation is generally a matter of public record, that information may not be readily identified during a typical real estate transaction. The proposed amendments therefore require sellers to provide written notice when a property is designated as historic or is located within a designated historic district or other specified locally designated historic area prior to the transfer of title. This requirement promotes transparency by helping prospective purchasers understand the regulatory framework that may affect future alterations, maintenance obligations, and available preservation incentives. Additional Administrative and ClarifVinp Amendments The proposed amendments also expand and clarify several definitions, including character-defining feature, primary facade, secondary elevation, substantially visible from the public right-of-way, substantially obstruct, and routine maintenance, to establish more Ordinance Amendment 2026-01 : Chapter 30 - Places of Historical and Architectural Significance Ordinance (Citywide) August 4, 2026 Page 7 objective review standards and reduce ambiguity during project review. The ordinance also clarifies that character-defining features and a property's internal setting are generally identified through California Department of Parks and Recreation (DPR) 523 series forms prepared during designation, or through other documentation accepted by the City consistent with professional preservation standards. Additional amendments would require the City Council to adopt objective design guidelines if establishing a new local historic district, ensuring that clear standards for project review, maintenance, and permitted alterations are available at the time of designation. The ordinance also updates the public noticing provisions to replace an outdated Government Code reference that no longer reflects current statutory language. Rather than creating a new noticing requirement, the amendment codifies the City's longstanding practice of providing mailed notice to property owners and at least one occupant of each tenant space within the required noticing radius for public hearings involving historic preservation matters. These revisions clarify the ordinance, ensure consistency with current law, and accurately reflect the City's established administrative procedures. The ordinance also clarifies application procedures and revises appeal procedures to reflect the reassignment of historic preservation responsibilities from the Historic Resources Commission to the Planning Commission. These amendments improve the administration of Chapter 30 by providing greater procedural clarity, incorporating objective preservation standards, and ensuring that the City's historic preservation regulations remain consistent with current professional practices and the City's organizational structure. General Plan Consistency The Historic Preservation Element of the General Plan provides guidance to ensure that the identification, designation, protection, and stewardship of Santa Ana's architectural, historical, cultural, and archaeological resources are integrated into the City's planning, development, and permitting processes. The Historic Preservation Element recognizes that preserving the City's historic resources strengthens community identity, enhances neighborhood character, and contributes to Santa Ana's unique sense of place. Accordingly, the proposed amendments are consistent with the Historic Preservation Element of the General Plan and further Goal HP-1 (Historic Areas and Resources), including Policies HP-1.1 (Architectural and Design Standards), HP-1.2 (Federal Standards for Rehabilitation), HP-1.3 (Historic Districts and Design Standards), HP-1.4 (Protecting Resources), and HP-2.1 (Resource Stewardship). ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, adoption of the proposed ordinance is exempt from environmental review under Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty that there is no possibility the action may have a significant effect on the environment. Ordinance Amendment 2026-01 : Chapter 30 - Places of Historical and Architectural Significance Ordinance (Citywide) August 4, 2026 Page 8 The ordinance establishes administrative and regulatory requirements related to the modification, maintenance, and transfer of historic properties and does not authorize physical construction or development. Additionally, the action is not a project pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. Based on this analysis, a Notice of Exemption, Environmental Review No. 2026-19, will be filed for this Project. FISCAL IMPACT There is no direct fiscal impact associated with the proposed ordinance. EXHIBITS 1. Ordinance Amendment No. 2026-01 2. March 5, 2026 Historic Resources Commission Staff Report and Exhibits Submitted By: Ali Pezeshkpour, AICP, Executive Director of the Planning and Building Agency Approved By: Alvaro Nunez, City Manager ORDINANCE NO. NS-XXXX ORDINANCE AMENDMENT NO. 2026-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 30 (PLACES OF HISTORICAL AND ARCHITECTURAL SIGNIFICANCE) OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE MODIFICATION OF HISTORIC PROPERTIES, DEMOLITION BY NEGLECT, HISTORIC PROPERTY TRANSFER DISCLOSURE, AND OTHER ITEMS OF AN ADMINISTRATIVE NATURE, AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15060(c)(2), SECTION 15060(c)(3), AND SECTION 15061(b)(3) WHEREAS, on November 7, 2024, the Historic Resources Commission (HRC) established an Ad-Hoc Committee to assist staff with the Committee in preparing an ordinance establishing procedures for the modification of historic properties and regulations addressing demolition by neglect and historic property disclosure; and WHEREAS, on April 19, 2022, the City Council adopted the comprehensive General Plan Update, including the Historic Preservation Element, which supports the ongoing preservation, protection, and enhancement of the City's historic and cultural resources; promotes the identification, designation, and stewardship of historic properties and districts; encourages rehabilitation and adaptive reuse consistent with the Secretary of the Interior's Standards; and integrates historic preservation into the City's broader land use, housing, economic development, and community planning efforts to maintain Santa Ana's unique architectural character and sense of place; and WHEREAS, Ordinance Amendment No. 2026-01 amending Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code (SAMC) is consistent with the goals and policies of the City of Santa Ana General Plan, including Historic Preservation Goal HP-1 (Historic Areas and Resources) and Policies HP-1.1 (Architectural and Design Standards), HP-1.2 (Federal Standards for Rehabilitation), HP- 1.3 (Historic Districts and Design Standards), HP-1.4 (Protecting Resources), and HP-2.1 (Resource Stewardship); and WHEREAS, the proposed ordinance is necessary for the preservation, maintenance, and long-term protection of designated historic properties and historic districts within the City; to establish clear and objective procedures and standards for the review of modifications to historic resources, including alterations to internal settings; to prevent demolition by neglect and the deterioration of historic fabric; and to require disclosure of historic designation during real property transactions in order to promote awareness and stewardship; and Ordinance No. NS-XXX Page 1 of 21 WHEREAS, the ordinance is consistent with the City's adopted General Plan and Historic Preservation Element and reflects best practices used by other Certified Local Governments and jurisdictions with established historic preservation programs, thereby strengthening the City's ability to safeguard its cultural, architectural, and historic resources for current and future generations; and WHEREAS, on March 5, 2026, the Historic Resources Commission conducted a duly noticed public hearing to consider Ordinance Amendment No. 2026-01, received public testimony, and thereafter recommended that the City Council approve the proposed ordinance; and WHEREAS, on June 2, 2026, the City Council approved for first reading Ordinance No. NS-3096 adopting the Fiscal Year 2026-27 Budget, which included direction to dissolve the Historic Resources Commission and reassign its duties to the Planning Commission; and WHEREAS, on June 16, 2026, the City Council introduced for first reading an ordinance amending the Santa Ana Municipal Code to dissolve the Historic Resources Commission, reassign its duties to the Planning Commission, and amend Chapter 30 (Places of Historical and Architectural Significance) to replace references to the Historic Resources Commission with the Planning Commission; and WHEREAS, on July 7, 2026, the City Council adopted Ordinance No. NS-3097 on second reading, which upon its effective date will dissolve the Historic Resources Commission and reassign its historic preservation powers and duties to the Planning Commission; and WHEREAS, the amendments contained herein are intended to maintain continuity in the administration of Chapter 30 of the Santa Ana Municipal Code, ensure that historic preservation regulations continue to be administered without interruption, and align Ordinance Amendment No. 2026-01 with the City Council's actions dissolving the Historic Resources Commission and reassigning its responsibilities to the Planning Commission. WHEREAS, on August 4, 2026, the City Council conducted a duly noticed public meeting to consider Ordinance Amendment No. 2026-01 and received public comment prior to taking action on the proposed ordinance. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, adoption of the proposed ordinance is exempt from environmental review under Section 15061(b)(3) (Common Sense Exemption), as it can Ordinance No. NS-XXX Page 2 of 21 be seen with certainty that there is no possibility the action may have a significant effect on the environment. The ordinance establishes administrative and regulatory requirements related to the modification, maintenance, and transfer of historic properties and does not authorize physical construction or development. Additionally, the action is not a project pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. Section 3. Section 30-1 (Register of historical properties) of Chapter 30 of the SAMC is hereby amended to read as follows: Sec. 30-1. Register of historical properties. The planning commission may, by resolution and at a n^+,,� public hearing noticed in accordance with Section 30-2.5, designate as historic property any building or part thereof, object, structure, or site having importance to the history or architecture of the city 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 register of historical properties ("register"). The planning 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. For CEQA purposes, consistent with State law, properties listed on the register shall be presumed to be historical resources under Public Resources Code Section 21084.1 unless otherwise determined by the lead agency. Section 4. Section 30-1.5 (Definitions) of Chapter 30 of the SAMC is hereby amended to read as follows: Sec. 30-1.5. Definitions. (a) Buyer means a transferee in a real property transaction, and includes, but is not limited to, a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent with the object of entering into a real property transaction. Certificate of appropriateness means the method by which modifications to a historic property are approved pursuant to Section 30-6, which may be issued administratively by the planning department staff or by action of the planning commission, as required by code. pursuant to neGUOn 0 6 fJc Character-defining feature means any physical element, material, form, spatial arrangement, architectural detail, or environmental characteristic that conveys the historic, cultural, or architectural significance of a historic property or historic district. Character-defininq features maV include, but are not limited to, building form and massing; roof shape and materials; exterior cladding and finishes; Ordinance No. NS-XXX Page 3 of 21 window and door configurations; porches, balconies, fences, and other architectural details; workmanship and materials; associated landscape features, hardscaping, vegetation, and spatial relationships between structures and their setting. Character-defining features shall be those identified in the California Department of Parks and Recreation (DPR) 523 series forms prepared for the designation of the property, or as otherwise documented by planning department staff or the City's consultants who meet the Secretarof the Interior's Professional Qualification Standards for Architectural History or Historic Architecture. (d) 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. (e) Demolition by neglect means a condition in which a historic property has not been physically razed or removed, but through the property owner's willful or negligent acts or omissions, including failure to maintain the property in accordance with the minimum maintenance standards of this code, has deteriorated to the point that it is unsafe, uninhabitable, or incapable of reasonable rehabilitation or preservation as a historic resource, such that the resulting loss of structural or historic integrity, or character-defining features is functionallyguivalent to demolition. LfI Hardscaping means such features, including, but not limited to, driveways (including ribbon or Hollywood-style driveways), walking paths, planters, patios, playing courts, parking areas, and internal circulation systems, typically constructed with concrete, asphalt, paving stones, tiles, or wood. fqJ Historic property shall include a building, structure, object or site designated as having historical significance and listed on the federal, state or local register of historical properties, as well as those contributing properties located in an historic district. A historic property shall include its internal settinq, as defined in this section. (h) Internal setting means the portion of a parcel or parcels containing a historic Property that lies outside the footprint or footprints of existing building(s) and that contributes to the property's historic character through its spatial organization, landscaping, hardscaping, fencing, or relationship to the principal structure. The internal setting includes those areas that are visible from the public right-of-way, including front yard areas subject to fencing regulations of this Code, or are otherwise identified as character-defining in the property's designation record, California Department of Parks and Recreation (DPR) 523 series forms, or other documentation accepted by the City. LI Landscape feature means a constructed or fabricated accessory item added to a landscape, such as a pool, trellis, fountain, planter, or other landscape accessory. jo Landscaping means the collective or component live vegetation plantings on a Properly, including but not limited to, grass, plants, shrubs, hedges, and trees. Ordinance No. NS-XXX Page 4 of 21 Lkj Local historic district means a collection or group of historic properties within a defined area. U Modification means any change, alteration, restoration, remodeling, rehabilitation, construction, or relocation of the physical exterior of a his-terie nt a historic property. Modifioation shall not Oelude painting. Modification shall not include ordinary repainting of previously painted surfaces in the same or substantially similar color and finish; provided, however, that repaintingi overpaintinq, restoration, alteration, concealment, removal, relocation, or destruction of a designated object shall constitute a modification subject to this chapter. _Lmj Owner means any person, co-partnership, association, corporation, or fiduciary having legal or equitable title or any interest in real property. fnj Primary facade means the principal exterior elevation of a historic property that was intentionally designed to face a public street or other prominent public space and that contains the primary entrance or the most architecturally significant composition of doors, windows, and character-defininq features. A historic property may have more than one primary facade where multiple elevations were designed to function as principal elevations, including corner buildings or buildings with dual street frontages. The determination of a primary facade shall be based on historic documentation, architectural design, orientation, and the property's historic relationship to the public right-of-way_ fol Real property transaction means the sale or exchange of any real property_ Register of historical properties means the official list of historic properties in the city. (q) Routine maintenance means actions to preserve historic features without changing design, materials, or appearance (e.g., patchinq roof, repainting in like color, caulking). Work characterized as routine maintenance are actions that do not require a building permit; maintenance work requiring a building permit may be considered a minor exterior modification, for which an applicant must obtain a certificate of appropriateness. (r) Secondary elevation means an exterior elevation of a historic property that is subordinate to the primary facade and was not intentionally designed to serve as a principal public-facing elevation. Secondary elevations are typically located along the side or rear of a historic property and generally contain fewer or less prominent character-defining features than the primary facade. A secondary elevation may nevertheless contain character-defining features and shall not be presumed to lack historic significance solely because it is not a primary facade. Ls I Substantially obstruct means to significantly diminish or block the visibility of a historic property or its character-defining features from a public street or sidewalk in a manner that alters the property's historic setting or public presence. In determining whether a view is substantially obstructed, the City may consider factors including, but not limited to, the height, massing, and density of landscaping; distance from the public right-of-way; location relative to key Ordinance No. NS-XXX Page 5 of 21 architectural features; seasonal and long-term vegetation growth; and the degree to which the proposed landscaping interferes with the ability to perceive the historic property as a whole. L Substantially visible from the public right-of-way means that a structure or modification would be visible from a public street or sidewalk without obstruction by existing buildings, fencing, or existing mature landscaping and would be of sufficient height, mass, or location to affect the visual character of the historic property or its setting. Section 5. Section 30-2 (Criteria for selection) of Chapter 30 of the SAMC is hereby amended to read as follows: Section 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 cry register. of hister;eal preperties (Galled "register"'OR this SeEt+eR). 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 planning commission finds that one (1) or more of the following conditions are rp esent : (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 of of 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 pPlanning and -bBuilding aAgency. Upon adoption of a resolution of designation and placement of the property on the register, such Ordinance No. NS-XXX Page 6 of 21 resolution th8 FeSO'U n of designatiGR 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. Lc) Designation decisions of the planning commission shall be subject to the appeal procedures provided in section 30-9. Section 6. Section 30-2.3 (Removal from the city register of historical properties) of Chapter 30 of the SAMC is hereby amended to read as follows: Sec. 30-2.3. Removal from the city register of historical properties. (a) Any owner of a historic property may apply to the city for removal from the city register of historical properties. The planning commission shall by adoption of a resolution, following a duly netinorl public hearing noticed in accordance with Section 30-2.5, remove the historic property from the Goy register of hiGtGFiGaI properties if the historic property meets one or more of the following: (1) The building, structure, object or site does no longer meets the criteria for being placed on the e4 register, as contained in Section 30-2 of histeFieal PFOpertie ; or (2) Discovery of information subsequent to placement on the register of hiStGFioaI PFOpeki regarding the significance of the building, structure, object or site, such that the criteria for placement on the e+ty register of hio+Gri^„I propped^ 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 Goy register of hiGtGFiGal PFePeFtieG; 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 hiSte Fin PFePeFtie6 (b) The planning commission shall give notice of its decision, which shall be final unless timely appealed pursuant to section 30-99. Section 7. Section 30-2.5 (Notice of public hearing.) of Chapter 30 of the SAMC is hereby amended to read as follows: Section 30-2.5. Notice of public hearing. (a) Notice of any public hearing required pursuant to this chapter shall be provided to all property owners, and at least one (1) occupant per tenant space having a valid United States Postal Service address, within a five hundred-foot (500-foot) radius of the subject property within the city boundary. Ordinance No. NS-XXX Page 7 of 21 Such notice shall be mailed not less than ten (10) calendar days prior to the scheduled public hearing and shall include the date, time, place, and a general description of the matter to be considered. Lc) Failure of any person to receive notice shall not affect the validity of any action taken pursuant to this chapter. Section 8. Section 30-3 (Application of state historical building code) of Chapter 30 of the SAMC is hereby amended to read as follows: Section 30-3. Application of state historical building code. Any building or structure designated as having historical or architectural importance by inclusion in the cry register of hiSteriGal preperties 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 t4e said state historical building code to any such building or structure. Section 9. Section 30-4 (Local historic districts) of Chapter 30 of the SAMC is hereby amended to read as follows: Sec. 30-4. Local historic districts. (a) The planning commission, after public hearing noticed and held i^ thp- rn-A.A„pter pFeo her! by Ser.tlon 37R28 of Health and Safety Golfe of the state ma prc��I�ca-u�vcccrvn-v-ry �r �arcrr-arra--vur , yT recommend that the city council designate an area within the city as a local historic district. Notice of the public hearing shall: M Be mailed by first-class mail to the owner of record of each property proposed for inclusion within the local historic district, as shown on the latest available Orange County assessment roll, not less than ten (10) calendar days prior to the hearing; JL Be mailed by first-class mail, not less than ten (10) calendar days prior to the hearing, to the owners of record and at least one occupant of each tenant space of all real property located, in whole or in part, within five hundred (500) feet of the proposed local historic district boundaries, as shown on the latest available Orange County assessment roll; Be published in a newspaper of general circulation in the city in accordance with applicable state law; State the date, time, and place of the public hearing, identify the proposed local historic district, describe the purpose and effect of the proposed Ordinance No. NS-XXX Page 8 of 21 designation, and advise that interested persons may appear and be heard; and (5) Be supplemented by any additional notice the executive director or designee determines appropriate to provide meaningful public participation. (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, the county, the state 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 planning 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 shall, by ordinance, ffvay adopt design and development standards des for the district which shall include objective standards for review, maintenance expectations, and permitted alterations for the local historic district. Following designation of a local historic district by the city council, the city clerk shall provide notice of the action to the owners of record of all properties within the designated district and shall cause the designation to be reflected in the city's official records. Section 10. Section 30-6 (Modification of historic properties) of Chapter 30 of the SAMC is hereby amended to read as follows: Sec. 30-6. Modification of historic properties. La) Administrative Review. LD Except for modifications expressly requiring Planning Commission review, modifications to historic properties shall be reviewed and acted upon administratively by the Executive Director of the Planning and Building Agency, or designee. The Executive Director, or designee, shall issue a Certificate of Appropriateness pursuant to this subsection upon finding that the proposed modification is consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties and does not substantially impair the character- defining features, historic setting, or integrity of the historic property. Issuance of Ordinance No. NS-XXX Page 9 of 21 a Certificate of Appropriateness pursuant to this subsection shall not require a public hearing. Q Minor exterior modifications to a historic property are subject to administrative review and approval by the Executive Director, or designee, and may include, but are not limited to: a. Like-for-like repairs or replacements using the same material and style as the on,iq nal; b. Restoration of original architectural features that are documented through pictorial evidence, c. Skylights, light tubes, or solar panels that are located on rear- facing roof slopes and are not visible from the public right-of-way; d. Mechanical equipment, such as HVAC units or water heaters, that satisfies the Uniform Code requirements and the Santa Ana Municipal Code; e. Structural, seismic, fire, accessibility, or other alterations required by the building official, Fire Marshal, or other applicable regulatory authority to address life-safety, accessibility, or code compliance, provided that such work is designed to minimize impacts to character-defining features and is consistent, to the extent feasible, with the Secretary of the Interior's Standards; e. New and replacement exterior light fixtures; f. New and replacement signs or sign repairs that do not affect a sign identified as a character-defining feature; q. Structural or foundation repairs; and h. Patio shade structures that are not visible from the public right-of- way i. Creation of new window or door openings, enlargement or modification of existing openings, or installation of replacement windows or doors on elevations that are not substantially visible from the public right-of-way, provided the work is consistent with the Secretary of the Interior's Standards and does not substantially impair character-defining features, the historic setting, or the integrity of the historic property. Minor modifications to the internal setting of a historic property are subject to administrative review and approval by the Executive Director, or designee, and may include, but are not limited to: a. Construction of a new accessory building, excluding accessory dwelling units and junior accessory dwelling units, that would not be substantially visible from the public right-of-way. Administrative review under this subsection shall be limited to the architectural design, scale, massing, materials, placement, and compatibility of Ordinance No. NS-XXX Page 10 of 21 the structure with the historic property and its internal setting in order to preserve character-defining spatial relationships and historic context. Such review shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. b. Like-for-like replacement of a hardscaping feature, including a driveway, walkway, or parking lot, that is character-defining, or installation of a permanent landscape feature that would not substantially alter the historic setting of the property; c. Removal or replacement of a landscape feature, such as a pool, fountain, or trellis, that is not character-defining or addition of new landscape features; or d. Changes to character-defining landscaping on a historic property categorized as Key or Contributive, or minor changes to the landscaping of a property categorized as Landmark that would not substantially alter the form or character of the landscaping_ (ab) Planning Commission Review (1) No major exterior physical modifications or major modifications to the internal setting of a historic property identified in subsections (c)and eity staff, shall be permitted with respect to an historic s+r, e rp opertX until the planning commission approves such request by resolution at a duly n0tiGed public hearing noticed in accordance with Section 30-2.5 and issues a eCertificate of aAppropriateness. The planning commission shall issue the cCertificate of aAppropriateness upon finding that the proposed modification(s) does not substantially change the character and integrity of the historic property. A project consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties will not substantially change a character- defining feature of the property or the general character and integrity of the historic property. The Secretary of the Interior's Standards shall be the primary criteria for evaluating proposed modifications. Where local guidelines exist, they shall supplement but not conflict with the Secretary's Standards. The minutes of the planning commission meeting shall serve as the official record. Lc) The following major exterior physical modifications shall require Planning Commission approval of a Certificate of Appropriateness: Demolition of a character-defining feature or portion of a historic property; Construction of a new attached addition that: a. Is located on, attached to, or substantially alters a primary facade, except that on a property containing more than one primary facade, the Executive Director, or designee, may administratively approve an addition on an additional primary facade upon finding that the addition is subordinate in height, scale, and massing and does not substantially impair the character-defining features, historic setting, or integrity of the historic property; or Ordinance No. NS-XXX Page 11 of 21 b. Is substantially visible from the public right-of-way and is not subordinate in height, scale, and massing to the historic property. For purposes of this section, an addition is subordinate when it is visually secondary and smaller in scale, massing, and prominence than the historic property such that the addition does not overwhelm, obscure, or compete with the historic property or its character-defining features. Creation of new window or door openings, enlargement or infill of existing openings, or modifications that substantially alter the historic pattern of fenestration on a primary facade or other elevation identified as character- defining in the property's designation record and is substantially visible from the public right-of-way; 14) Alteration, relocation, concealment, removal, overpainting, or destruction of a designated object; LQ Any modification not otherwise identified in this section that the Executive Director determines, based upon substantial evidence in the record, would result in the demolition or substantial impairment of a character-defining feature of the historic property_ Major modifications to the internal setting of historic property that require planning commission approval of a Certificate of Appropriateness may include, but are not limited to: Construction of a new detached accessory building, excluding accessory dwelling units and junior accessory dwelling units, or relocation of an existing building such that the new or relocated building would be substantially visible from the public right-of-way. Review by the planning commission shall be limited to the architectural design, scale, massing, materials, placement, and compatibility of the structure with the historic Property and its internal setting in order to preserve character-defining spatial relationships, views, and the historic context of the site. Such review shall be consistent with the powers and duties of the planning commission as set forth in Section 2-350 of this Code and the Secretary of the Interior's Standards for the Treatment of Historic Properties. Changes to landscaping, hardscaping, and landscape features where: a. The feature has been specifically identified as character-defining in the property's California Department of Parks and Recreation Series 523 form prepared at the time of the property's historic listing; or b. The proposed work would substantially alter the historic setting of a property categorized as Landmark. (be)An application for exterior modification of a hictnrin StFUGt„re historic property or a modification to the internal setting of a historic property shall be accompanied; Ge �� eX 'pt ferC'hesei subje^Vr We at[ratFt approval by City cuff p irs cant to Ordinance No. NS-XXX Page 12 of 21 by payment of an application fee set in such amounts as shall be established by resolution of the city council. (ef)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 eCertificate of aAppropriateness. Modifications shall be consistent with the overall architectural design and historic character of the structure and blend in with the surrounding environment. (dg�The planning commission may impose and/or recommend conditions of approval deemed reasonable and necessary on applications that are subject to review and approval or recommendation by the planning commission. Routine maintenance of historic properties, as defined by this chapter, shall be exempt from the modifications requirements of section 30-6. Section 11. Section 30-7 (Demolition of historic properties) of Chapter 30 of the SAMC is hereby amended to read as follows: Section 30-7. Demolition of historic properties. (a) An application of intent to demolish an historic property shall be submitted to the p.Elanning and bBuilding aAgency. The planning commission, Aat a public hearing noticed in accordance with Section 30-2.5, the planning eernminnien must, shall 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 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, a salvage/mitigation plan, complete photo-documentation of archival quality and historical profile of the structure to be demolished, prior to the scheduling of the demolition. Ordinance No. NS-XXX Page 13 of 21 (c) The building official may determine a historic property is a dangerous building. Such determination allows the waiver of planning commission review and the required review period for demolition if the historic property is declared a dangerous building. A determination that a historic property is dangerous shall not preclude a finding that demolition by neglect, as defined in this chapter, has occurred. If the dangerous condition is a result of the owner's willful or negligent acts or omissions, including failure to comply with the minimum maintenance standards set forth in Section 30-8, the owner shall remain subject to the remedies and enforcement provisions of this chapter, including but not limited to the construction and planning prohibition identified in subsection (d). If the building official determines the historic property meets the definition of demolition by neglect as set forth in this chapter, or that a historic property has been wholly or partially demolished, removed, or materially altered without the required permits or approvals, and further determines that the property is a dangerous building and must be removed as a result of the owner's or owner's agent's failure to adhere to minimum maintenance standards for historic properties as identified in Section 30-8, the following remedial actions shall be taken: The building official shall notify the owner, or owner's agent, in writing of the violation within ten (10) business days of the determination. The owner shall effect the removal and disposal of the deteriorated building(s)or structure(s) within sixty (60) days from the date the determination becomes final, including the conclusion of any appeal process. Notwithstanding the foregoing, where the building official determines that an immediate threat to public health or safety exists, the building official may require corrective action within a shorter timeframe as necessary to address the hazard; In addition to any other remedies provided in this chapter, where the building official determines that a historic property has been demolished as a result of demolition by neglect, or has been wholly or partially demolished, removed, or materially altered without the required permits or approvals, the Executive Director of the Planning and Building Agency, or designee, may impose a prohibition on the issuance of discretionary planning approvals and building permits related to new construction on the affected property for a period not to exceed three (3) years. The duration of the prohibition shall be determined by the Executive Director, or designee, based on substantial evidence in the record. In determining the appropriate length of the prohibition, the Executive Director, or designee, may consider factors including, but not limited to: a. The degree of deterioration and loss of historic fabric; b. Whether the demolition was willful, negligent, or unavoidable; c. The extent to which the owner failed to comply with prior notices, citations, or orders; Ordinance No. NS-XXX Page 14 of 21 d. Any efforts made by the owner to preserve or repair the historic property: e. The economic feasibility of repair or maintenance prior to demolition; f.Whether strict imposition of the maximum prohibition would deprive the owner of all reasonable use of the property: g. The impact of the demolition on the historic district or surrounding community; and h. Any other relevant factors. The prohibition period shall commence on the date the City obtained actual knowledge of the demolition or the date of final determination following any appeal, whichever is later. Ministerial permits required to protect public health and safety or to stabilize the site shall not be subject to this prohibition. During the prohibition period, the owner, or the owner's agent, shall maintain the property in compliance, including any vacant condition resulting from demolition, with the requirements of Chapter 8, Division 3, Article 10 of this Code, as it may be amended from time to time. U The owner of a historic property may appeal any city official's determination pursuant to the appeal procedures set forth in Chapter 3 of this Code. Any such appeal shall be filed within ten (10) calendar days of the date of the written determination. The filing of a timely appeal shall stay enforcement of the determination unless the building official determines that an immediate threat to public health or safety exists. The hearing officer(s) shall affirm, modify, or reverse the determination based on substantial evidence in the record. Section 12. Section 30-8 (Minimum maintenance standards) of Chapter 30 of the SAMC is hereby amended to read as follows: Sec. 30-8. Minimum maintenance standards. (a) All historic properties must be physically maintained such that they remain eligible for historical designation and the building is not in a hazardous or unsafe condition. The owner of a historic property shall adhere to the minimum maintenance standards in this subsection. A property will be in violation of minimum maintenance standards to preserve the historical eligibility and safe condition of a historic property if one or more of the conditions detailed in this section is present. Research to determine the historic character of the property may include, but not be limited to, a review of the California Department of Parks and Recreation Series 523 forms prepared at the time of the property's historic listing, building plans, building permits, historical photographs, and any available public information. Ordinance No. NS-XXX Page 15 of 21 Deterioration of exterior walls, foundations or other vertical supports that causes leaning, sagging, splitting, listing or buckling; Deterioration of flooring or floor supports or other horizontal members that causes leaning, sagging, splitting, listing or buckling; Q Deterioration of external chimneys that causes leaning, sagging, splitting, listing or buckling: Deterioration of crumbling exterior plasters or mortars: Ineffective waterproofing of exterior walls, roofs, foundations including broken windows and doors: Defective protection or lack of weather protection for exterior walls and roof coverings including lack of paint or weathering due to lack of paint or other protective covering: Q Rotting holes or other forms of decay Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, ornament, trim and other architectural details that cause delamination, instability, loss of shape and form and crumbling: Unsecured points of ingress and egress, such that the building may be the site of persistent vandalism, squatting, or trespassing: 10 Deteriorated or intentionally removed architectural features identified as character-defining: 11 Neglect, deterioration, or intentional damage to live vegetation or landscape elements identified as character-defining, where such neglect results in the loss of historic integrity, character, or eligibility of the historic property. b) The building official may determine that historic property exhibits one or more conditions listed in subsection 30.8(a), or another condition of deterioration, but is not dangerous to the extent that it would require demolition without planning commission review, as outlined in Sec. 30-7(c). Section 13. Section 30-9 (Appeals from decisions of planning commission) of Chapter 30 of the SAMC is hereby amended to read as follows: Sec. 30-89. Appeals from decisions of planning commission. (a) An appeal from a decision or requirement of the planning 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 planning 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 Ordinance No. NS-XXX Page 16 of 21 decision by the planning 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 planning 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 city clerk. (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. (f) Upon filing of an appeal, the planning department shall forward to the city clerk a copy of the written findings, maps, papers and exhibits upon which the decision of the planning 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. The council may also make findings, based on substantial evidence in the record, that demolition by neglect, as defined in this chapter, has occurred, and may impose or uphold remedies and enforcement actions consistent with the provisions of this chapter. Such decision shall be filed with the city clerk, and the city planning department; one (1) copy thereof shall be sent to the applicant. Section 14. Section 30-10 (Appeals from decisions or recommendations of planning department staff) of Chapter 30 of the SAMC is hereby amended to read as follows: Sec. 30-10. Appeals from decisions of the Executive Director. Lal The following decisions of the Executive Director, or designee, may be appealed to the planning commission: (1) The issuance, denial, or conditioning of a Certificate of Appropriateness issued administratively pursuant to Section 30-6, by any interested party, individual or group; and (2) The identification of a character-defining feature or features, by the owner of the affected property. 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 Executive Director. Ordinance No. NS-XXX Page 17 of 21 Further, such appeal period shall end at 5:00 p.m. on the tenth calendar day following such date of the decision by the Executive Director. 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. (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 by the Executive Director. The appeal shall be accompanied by the applicable appeal fee, together with any plans, supporting documentation, mailing materials, or other information required by the Executive Director to determine the completeness of the appeal and to process the public hearing. (d) Upon receipt of such appeal, the planning department shall schedule the matter for hearing by the planning commission at the next available regularly scheduled meeting for which required public notice can be provided in accordance with Section 30-2.5. The planning commission, in making its determination, shall consider the record and such additional evidence deemed relevant and received by it at such hearing. The planning commission, in making such determination, shall be governed by the terms and provisions of this chapter. (e) The planning commission may, after the 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 secretary of the planning commission, and the city planning department: one (1) copy thereof shall be sent to the applicant. (f) The decision of the commission in concerning ppeal of a decision or recommendation of planning department staff shall be final. Section 15. Section 30-11 (Historic property disclosure) of Chapter 30 of the SAMC is hereby amended to read as follows: Sec. 30-11. Historic property disclosure. (a) If real property is a historic property, as defined by this chapter, including any contributor to a historic district listed on the Register, National Register of Historic Places, or California Register of Historical Resources, or is located within the Heninger Park Specific Development No. 40 (SD-40) zoning designation, the owner of the property shall, in any real property transaction, provide the buyer of the property with a disclosure notice informing the buyer of the property's historic property status or applicable historic preservation regulations. The owner shall provide the notice to the buyer before transfer of title. The notice shall consist of a specific disclosure form made accessible to the public by the city, electronically and/or physically. The owner and buyer shall sign the form and each retain a physical or digital copy of the disclosure form. Ordinance No. NS-XXX Page 18 of 21 Section 16. Section 30-9-30-24 (Reserved) of Chapter 30 of the SAMC is hereby amended to read as follows: Sec. 30-912-30-24. Reserved. Section 17. 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 18. This ordinance shall become effective thirty (30) days after its adoption. Section 19. The City Clerk shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of , 2026. Valerie Amezcua Mayor Ordinance No. NS-XXX Page 19 of 21 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By. Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXX Page 20 of 21 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, 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: Jennifer L. Hall City Clerk City of Santa Ana Ordinance No. NS-XXX Page 21 of 21