HomeMy WebLinkAboutNS-2405 - Amending Sections 30-6 and 30-7 of Santa Ana Municipal Code Regarding the Demolition Process for Historical Structures245
ORDINANCE NO. NS-2405
GAS: 9/29/99
AN ORDINANCE OF THE CiTY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTIONS 30-6 AND 30-7
OF THE SANTA ANA MUNICIPAL CODE REGARDING THE
DEMOLITION PROCESS FOR HISTORICAL STRUCTURES
WHEREAS, this Council has determined that it is necessary to
amend the Code to delay the demolition of historical structures to
ensure an adequate and comprehensive review of historical
structures proposed for demolition,
alternatives to demolition; and
WHEREAS, the current Code section
demolition of historical structures must
reflect the current status of recent state
and case law.
NOW, THEREFORE, THE CITY
DOES ORDAIN AS FOLLOWS:
including feasible
which addresses the
also be updated to
statutory amendments
COUNCIL OF THE CITY OF SANTA ANA
SECTION l:That section 30-6 of the Santa Ana Municipal Code
is hereby amended to read as follows:
Sec. 30-6. Historic Resources Commission approvals.
The Historic Resources Commission must review all requests
for exterior work or demolition of a structure. The minutes of
the historic resources commission meeting will serve as the
official record of the request.
(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.
Ord. NS-2405
Page 1 of 3
246
SECTION 2: 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 a historic structure
shall be submitted to the Planning and Building Agency. The
historic resources commission must review all applications
for demolition permits for historic structures. The
commission shall investigate all feasible alternatives to
demolition. These alternatives include, but are not limited
to:
(i)
Seeking private citizens, local trusts, and other
financial sources who may be willing to purchase the
structure for restoration or relocation.
(2)
(3)
Publicizing the availability of the structure for
purchase for restoration or relocation purposes.
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)
Ail 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. Upon issuance
of the demolition permit, the applicant shall provide, to
the reasonable satisfaction of the commission, and at the
applicant's sole cost, complete photo-documentation of
archival quality and historical profile of the structure to
be demolished, 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.
Ord. NS-2405
Page 2 of 3
247
SECTION 3: If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held to be
invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City
Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection,
sentence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 4: 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 18th day of October , 1999.
ATTEST:
.a ce C. Cuy
Clerk Of the Council
Mig~ A. P~lido
COUNCILMEMBERS:
Pulido Aye
Lutz Aye
Bist Aye
Christy Ave
Franklin ~k~nt
McGuigan A~sent
Moreno Not Voting
APPROVED AS TO FORM:
Joseph W. Fletcher
rney
Ord. NS-2405
Page 3 of 3
248
Ordinance No. NS-2405
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.
/V 5 - ~¥ O ~ to be the original ordinance adopted by the City Council of the City of Santa
Aha on /u-/o~-?? ; and that said ordinance was published in accordance with the
Charter of the City of Santa Aha.
Date:
~% C-left'he Council
Cit~ of Santa Aha