Loading...
ORD-32-88 DECLARING A MORATORIUM ON THE ISSUE OF PERMITS TO DEMOLISH STRUCTURES CONSTRUCTED PRIOR TO JANUARY 1, 19401iORDINANCE NO. 32-88 AN INTERIM ORDINANCEOF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTED AS AN URGENCY MEASURE DECLARING A MORATORIUM ON THE ISSUE OF PERMITS TO DEMOLISH STRUCTURES CONSTRUCTED PRIOR TO JANUARY 1, 1940 WITHIN THE "OLD TOWNE" AREA AS DEFINED HEREIN.WHEREAS, Goal No. 1 of the City of Orange Historic Preser-vation Element reads as follows:While there are many homes and buildings of individual distinction, the greater importance of old Orange lies in the collective contribution and presence of the diverse styles and types of buildings which make up the historic neighborhood of the city. Special efforts shall be made to benefit and enhance the commercial and residential sectors of these neighborhoods."WHEREAS, the City Council has determined that historical architectural resources which contribute to the cultural richness of the community should be preserved; and WHEREAS, most of these structures which constitute unique architectural treasures were constructed prior to 1940 on private properties which are now located within the Old Towne area; and WHEREAS, the City Council, Planning Commission, City staff and citizens' groups are presently studying proposed design regulations and a demolition review procedure for certain structures within the Old Towne area; however, final preparation and enactment of these measures are several months away; and WHEREAS, the possibility exists that certain historically significant buildings may be demolished before an adequate review procedure is in place; if this occurs, the citizens of Orange will have forever lost important and significant links with the past;and WHEREAS, the City Council finds and determines that the pUblic safety, health and welfare require that the city Council,Planning Commission, City staff and citizens' groups have adequate time to study this matter; and WHEREAS, California Government Code Section 65858providesfortheadoptionofan interim ordinance as an urgency measure for such situations. NOW THEREFORE, the City Council of the City of Orange ordains as follows: Section I: A. Moratorium. The City Council hereby declares a moratorium on the issuance of permits to demolish structures which were constructed prior to January 1, 1940 on properties in the Old Towne area of the city of Orange. The boundaries of the Old Towne area are as follows: Batavia street on the west, Cambridge street on the east, Walnut Avenue on the north, and La Veta Avenue on the South including the Nutwood Tract on the south side of La Veta Avenue. This moratorium shall become effective immediately and shall remain in effect for the period provided by law (45 days), unless sooner amended, repealed, or superseded by further action of the City Council. If the City Council determines to consider the extension of this moratorium, a public hearing will be held on September 27, 1988. B. Riqht of Appeal. Any owner of a structure within the Old Towne area who is aggrieved by this moratorium may appeal to the City Council for the matter to be reviewed. The city Council may suspend the moratorium regarding the particular structure if such action is deemed appropriate. There shall be no charge to the property owner to appeal the matter to the Council. If the moratorium is suspended, the demolition permit shall be processedintheregularmannerandfeespaidasmayberequired. C. Abatement of Danqerous Buildinqs. The provisions of this moratorium shall not be construed to interfere with the duties or to limit the powers of the Chief Building Official as set forth in the Uniform Code for the Abatement of Dangerous Buildings. Section II: The facts justifying the enactment of this Ordinance as an urgency measure are as follows: The Old Towne area is the historical heart of the city of Orange. Many of City's architectural treasures are situated in this area. The City Council, Planning Commission, City staff and citizens' groups are actively working on design standards and regulations for Old Towne. It is not a task which can be accom- plished quickly because there are many interests to be consid- ered. Old Towne is not only the historical heart of the City, it is also an important economic and residential area in which manycitizensliveandconducttheirbusiness. An interim ordinance is necessary to give the City an opportunity to resolve these ORD. NO. 32-88 I concerns and enact appropriate legislation, including a demolition permit review procedure. Failure to adopt an emergency measure declaring a moratorium on the issuance of demolition permits for certain historical structures could be adverse to the public safety, health, and welfare of the citizens of Orange in that a property owner may proceed with the destruction of a historical structure which would deprive citizens of a significant part of their cultural heritage. Many of these buildings are irreplace- able. These should not be demolished without at least a thought- ful pause to consider the ramifications of an irreversible act. This Ordinance is adopted under the provisions of Section 65858 of the California Government Code. ADOPTED this 16th day of ATTEST: nAn. P..8-.'l) x: ~D_J City Clerk of th Ci of Orange STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF ORANGE ) I, MARILYN J. JENSEN, City Clerk of the City of Orange,California, DO HEREBY CERTIFY that the foregoing Ordinance No. 32-88 was regularly introduced, reading in full was waived, was read by Title, was passed and adopted at a regular meeting of the City Council, City of Orange, California held on the 16th day of August, 1988, by the following vote to wit:AYES: COUNCIL MEMBERS: SMITH, BARRERA, COONTZ, MAYOR PEREZ, BEYER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE 7/uvuh ) ~ Ck" IAlJ~~City Clerk ;g; th cit4" of Orange 3-ORD.NO.