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HomeMy WebLinkAbout50A - ORDINANCE TO ADD CONDITIONS OR APPROVALREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2020 TITLE: ORDINANCE FIRST READING: APPROVE AMENDMENT NO. 2020-1 TO ALLOW THE HISTORIC RESOURCES COMMISSION THE ABILITY TO ADD CONDITIONS OF APPROVAL TO HISTORIC APPLICATIONS /s/ Kristine Ridge CITY MANAGER CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on 2i1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt an ordinance amending Section 30-6 of Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code (SAMC) to add conditions of approval to historic applications. DISCUSSION The Planning Division has been working with the Historic Resources Commission (HRC) to improve and enhance the goals, duties, and functions of the Commission. This months -long work effort culminated in a presentation to the City Council at the July 7, 2020 City Council meeting relating to a series of recommendations prepared by the HRC. Several of the HRC's recommendations require modifications to the Santa Ana Municipal Code (SAMC.) Staff will be bringing forth the proposed changes as they are ready for City Council consideration. Currently, SAMC Section 30-6 does not allow the Commission to modify historic applications by adding conditions of approval. As recommended, the proposed ordinance (Exhibit 1) involves empowering the HRC to place conditions of approval when approving historic applications. The proposed ordinance is consistent with the direction of the City Council. FISCAL IMPACT There is no fiscal impact associated with this action. Submitted By: Minh Thai, Executive Director, Planning and Building Agency Exhibit: 1. Ordinance 50A-1 LS 10.6.20 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 30-6 OF CHAPTER 30 (PLACES OF HISTORICAL AND ARCHITECTURAL SIGNIFICANCE) OF THE SANTA ANA MUNICIPAL CODE TO ALLOW THE HISTORIC RESOURCES COMMISSION TO ADD CONDITIONS OF APPROVAL TO HISTORIC APPLICATIONS 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. The Historic Resources Commission has requested the ability to impose conditions of approval on historic applications in an effort to enhance historic projects under their review. B. On July 7, 2020, the City Council approved the list of recommendations, including providing the Historic Resources Commission the authority to add conditions of approval, and directed staff to provide an ordinance amendment to the Council within 90 days. C. The ability to impose project conditions for projects subject to Historic Resources Commission review and approval will facilitate preservation goals and maintain the historic character of structures and neighborhoods. Section 2. Section 30-6 of Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code is hereby amended to read 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. Ordinance No. NS-XXXX Page 1 of 3 y ILWA (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 subsection (a), by payment of an application fee set in such amounts as shall be established by resolution of the city council. (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. (d) The historic resources 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 historic resources commission. Section 3. Adoption of this Ordinance is exempt pursuant to general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment in accordance with Section 15061 (b)(3) of the CEQA Guidelines. Approval of this ordinance allowing recommendation of project conditions for projects subject to Historic Resources Commission review and approval will not have a significant effect on the environment. Section 4. 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 12020. Miguel A. Pulido Mayor Ordinance No. NS-XXXX Page 2 of 3 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa E. Storck Assistant City Attorney IG\'IX.� .. . PTaiil.Ta�� NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2020 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-XXXX Page 3 of 3