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HomeMy WebLinkAboutNS-2363 - Creating a Historic Resources Commission and Amending Various Sections of the Santa Ana Municipal Code to Reflect Compensation, Duties, and Responsibilities of the Comission230 GAS: 8/10/98 ORDINANCE NO. NS-2363 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CREATING A HISTORIC RESOURCES COMMISSION AND AMENDING VARIOUS SECTIONS OF THE SANTA ANA MUNICIPAL CODE TO REFLECT COMPENSATION, DUTIES AND RESPONSIBILITIES OF THE COMMISSION WHEREAS, the City of Santa Ana has a rich history as one of the oldest communities in Orange County; and WHEREAS, the City's heritage includes a historic downtown district as well as a significant number of historic homes and neighborhoods; and WHEREAS, this Council has determined that a historic resources commission is essential to recognize and preserve existing historic structures important to the protection of the historic heritage of the City of Santa Ana. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That section 2-325 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 2-325. Compensation for members of boards, commissions. The members of the following boards and commissions of the city shall receive the compensation as set forth herein: (a) Community redevelopment commission, fifty dollars ($50.00} per meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (b) Personnel board, fifty dollars ($50.00) per meeting. (c) Planning commission, fifty dollars ($50.00) per meeting, three {3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance. (d) Historic resources commission, fifty dollars ($50.00) per meeting, one (1) meeting maximum per month. (e) Board of recreation and parks, twenty-five dollars ($25.00) per meeting, one (1) meeting maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (f) Cable television advisory board, fifty dollars ($50.00) 23i (g) (h) per meeting, one (1) meetin9 maximum per month for each voting member. Human relations commission, twenty-five dollars ($25.00) per meeting, one (1) meeting maximum per month, provided, however, one (1) additional meeting per month is authorized if an additional neighborhood mediation meeting is necessary. Housing advisory commission, twenty-five dollars ($25.00) per meeting, one (1) meeting maximum per month. (i) Library board, twenty-five dollars ($25.00) per meeting, one (1) meeting maximum per month. (j) Transportation advisory board, twenty-five dollars ($25.00) per meeting, one (1) meeting maximum per month. SECTION 2: That Chapter 2, of the Santa Ana Municipal Code is amended to add Division 2.5, Section 2-370 through 2-374, to read as follows: DIVISION 2.5 HISTORIC RESOURCES COMMISSION Sec. 2-370. Establishment. There is created and established a historic resources commission for the city pursuant to and in accordance with the provisions of article IX of the city charter. Sec. 2-371. Members. The historic resources commission shall consist of nine (9) members. Seven (7) members shall be subject to appointment and removal and shall serve terms in accordance with section 901 of the Charter of the City of Santa Aha. The remaining two (2) members shall be ex officio representatives from the planning commission and the community redevelopment and housing commission. Commission members should possess an expertise and experience in the disciplines of architecture, history, architectural history, planning or other historic preservation related disciplines, such as urban planning, to the extent that such professionals are available in the community. Sec. 2-372. Meetings. The historic resources commission shall hold at least one (1) regular meeting each month at dates and times specifically set out and established in the rules of the commission. 222 Sec. 2-373. Director's duties. It shall be the duty of the executive director of the planning and building agency,.~as~!¢h~ef administrative officer of the planning department of the city, to make or cause to be made such investigations, studies, drawings, maps and reports and recommendations as requested by the historic resources commission in the furtherance of its transactions. In addition, the executive director of the planning and building agency shall report to the historic resources commission all information and data available to him or her which can be of assistance to the deliberations of the commission and shall advise and recommend to the commission on all technical matters relating to historic preservation. Sec. 2-374. Powers and Duties. The historic resources commission powers and duties: shall have the following (a) Consider all matters that may be referred to it by the city council or the city manager and shall render its recommendations, counsel and advice in regards thereto. (b) Carry out those duties enumerated in Chapter 30 of this Code regarding places of historical and architectural significance. (c) Advise and make recommendations to the city council on applications for properties to be included in financial incentive programs participated in by the city for the preservation of historic resources; (d) Advise and make recommendations to the planning commission, city council and other city boards and commissions regarding histo.ric projects and property; (e) Recommend to the city council policies and regulations regarding the protection, reuse and rehabilitation of historical property; (f) Recommend to the city council programs for the protection, retention and use of historic resources including utilizing federal, state, local and/or private funding sources and mechanisms, such as Certified Local Government Program, Mills Act Contracts, and the State Historic Building Code; (g) Recommend to the city council programs that confer ~ recognition upon the owners of designated historic 233 resources; (h) Encourage public ~nderstanding and involvement in historic and~Chit~'c%ural heritage. SECTION 3: That Section 30-1 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 30-1. Register of historical property. The historic resources commission may, by resolution, designate as historical property any building or part thereof, object, structure, monument, or collection thereof having importance to the history or architecture of the City of Santa Aha in accordance with the criteria set forth in section 30-2. The clerk of the council shall maintain a register which shall consist of copies of each such resolution and which shall be known as the City of Santa Aha Register of Historical Property. The historic resources 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. SECTION 4: That Section 30-4 of the Santa Aha Municipal Code is hereby amended to read as follows: Sec. 30-4. Historic districts and neighborhoods. The historic resources commission, after public hearing noticed and held in the manner prescribed by Section 37628 of the Health and Safety Code of the State of California, may, by resolution designate any area within the city as an historical district or neighborhood upon finding that such area complies with 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 of Santa Aha, the County of Orange, the State of California 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 an historically or culturally significant ground, garden, or object. SECTION 5: That Section 30-6 of the Santa Ana Municipal Code _ is hereby amended to read as follows: 234 Sec. 30-6. Historic resources commission approvals. The historic resources commission must approve all requests for exterior work or demoli~i~ of ,a structure. The minutes of the historic resources commission meeting will serve as the official record and authorization regarding approvals or denials of any requests. (1) No exterior physical alterations, restoration (other than painting), remodeling, rehabilitation, construction, relocation or demolition, other than those identified by the historic resources commission for administrative approval by city staff, shall be permitted with respect to a historic structure until the historic resources commission reviews such request. (2) Structures determined by the building official to be unsafe will be considered on an individual basis. Such determination allows waiver of historic resources commission review if the structure is declared a threat to public safety, unfit for habitation or occupancy, or emergency repair is needed. Any alterations must be consistent with the overall architectural design and historic character of the structure and blend in with the surrounding environment. SECTION 6: That Section 30-7 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 30-7. Demolition of historic structures. (a) An application of intent to demolish an historic structure is submitted to the Planning and Building Agency. The Planning and Building Agency must approve all applications for demolition permits. The Planning and Building Agency will review and approve each application on a case by case basis. The Planning and Building Agency 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. (2) Publicizing the availability of the structure for purchase for restoration purposes. (3) Exploring possible sites for relocation of the historic building if on-site preservation is not possible. (4) Suggesting to the city council that the city purchase the structure when private preservation is not feasible. (b) All of the above items are to be completed within one hundred twenty (120) days from the date of application submittal. After one hundred twenty (120) days, or when all of the above items have been completed, whichever is shorter, a demolition permit must be issued. If approval for demolition is permitted, 235 authorization to document the structure by photographing is to be permitted prior to the scheduling of the demolition. (c) Structures determined by the building official to be unsafe will be considered on an individual basis. Such determination allows the waiver of historic resources commission review and the required review period for demolition if the structure is declared a threat to public safety or unfit for habitation or occupancy. SECTION 7: That Section 30-8 of the Santa Ana Municipal Code is hereby amended to read 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. 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} Ail 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) Ail 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 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 8: If any section, subsection, sentence, clause, phrase or portion of this ~rdi~ah~<~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 Aha 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 9: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 3rd day of August , 1998. ATTEST: COUNCILMEMBERS: Pulido Absent Richardson Aye Espinoza Absent Franklin Aye Lutz Aye McGuigan Aye Moreno Aye ~ry A~ Sh~tz~X~ A~ ~Ci~orney 237 Ordinance No. NS-2363 CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. fi/~ 2. 3- (. :~ to be the original ordinance adopted by the City Council of the City of Santa Ana on ,~ / :3 / ~ ~ ; and that said ordinance was published in accordance with the Charter of the'City of Santa Ana. ///7-'-- Clerk ofthe Cguncf//'% ~ City of Santa Ana ' J