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HomeMy WebLinkAboutNS-2997 - Amending Section 30-6 to Allow Historic Resource Commission to Add Conditions of Approval to Historic ApplicationsLS 10.6.20 ORDINANCE NO. NS-2997 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-2997 Page 1 of 3 (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 20th day of October, 2020. Ordinance No. NS-2997 Page 2 of 3 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: LUY10. / , . R�U for Lisa E. Storck Assistant City Attorney AYES: Councilmembers Bacerra, Mendoza, Penaloza, Pulido, Sarmiento Solorio. Villeaas (7) NOES: Councilmembers None (0) ABSTAIN: Councilmembers None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2997 to be the original ordinance adopted by the City Council of the City of Santa Ana on October 20, 2020 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: - Daisy tomez Clerk of the Cory cil City of Santa Ana Ordinance No. NS-2997 Page 3 of 3