ORD-37-88 URGENCY MEASURE CONCERNING THE ISSUANCE OF DEMOLITION PERMITS FOR BUILDINGS AND STRUCTURES IN THE OLD TOWNE DISTRICTORDINANCE NO. 37-88 AN INTERIM ORDINANCEOF
THE CITY COUNCIL
OF THE CITY OF ORANGE ADOPTED AS
AN URGENCY MEASURE AMENDING TITLE 17 OF THE
ORANGE MUNICIPAL CODE TO ADD CHAPTER 17.
71 CONCERNING THE ISSUANCE OF DEMOLITION PERMITS FOR
BUILDINGS AND STRUCTURES IN THE
OLD TOWNE DISTRICT.WHEREAS, the City
Council adopted Interim Ordinance
No.32-88 which declared a moratorium on
the issuance of permits to demolish certain structures in the 01d
Towne District to assure that the preservation of historically significant
structures will not be destroyed before a permanent
demolition permit ordinance can become effective; and WHEREAS, provisions
of this Interim Ordinance
require that a permit to demolish a structure in
the Old Towne District will only be issued concurrently with the
issuance of a building per-mit for the replacement structure; and
WHEREAS, an appeal process is set
forth in this Interim Ordi-nance to provide a means for
persons aggrieved by a decision of the Design Review Board to have
that decision reviewed by the City Council; further, this appeal process
will give the owner some assurance that he may proceed
with having construction plans prepared if no appeal is filed
within 15 days after the Design Review Board approves the design; and
WHEREAS, the City Council finds and
determines that this Ordinance should be adopted as an
urgency measure to allow the new protective provisions to become effective
immediately and allow the processing of demolition projects
which have been delayed due to the moratorium; and
WHEREAS, upon the adoption of this
Interim Ordinance,Interim Ordinance No. 32-88 shall
be repealed.NOW, THEREFORE, the City Council
of the City of Orange ordains as follows:Section I:
The City Council
finds and
determines that the proposed demo-lition projects at the addresses
stated herein had substantially complied with all then existing
requirements at the time the mora-torium was declared on August
16, 1988. These proposed projects are:1. The two structures
to
be demolished for the Ronald McDonald House, 379-389 South
Batavia Street.2. The Queen Anne (
1880'S) style house, 154 South Cypress Street.
These demolition projects are specifically exempted from the
requirements of this Interim Ordinance No. 37-
88.section
II:The regulations stated herein shall become
effective immediately and shall remain in effect until October 27,
1988,unless sooner repealed, superseded, or extended by the
city
council:Chapter 17.
71 OLD TOWNE DEMOLITION
REGULATIONS
sections:17.71.
010 17.71.
020 17.71.
030 17.71.
040 17.71.
050 17.71.
060 Purpose and
Intent.Demolition
Permits.Conditions Dangerous to Life, Health or
property.Review by Design Review
Board.Notice of Public
Meeting.
Appeal.17.71.010 Purpose and Intent. The purpose of this
Chapter is to safeguard the city's historic and cultural heritage by
pre-scribing regulations for the Old Towne District which
authorizes the issuance of a demolition permit concurrently with the
issu-ance of a building permit for the replacement building,
structure or use, if there is to be no replacement building or
structure.The intent of these regulations is to provide reasonable
assur-ance that buildings and structures demolished in the Old
Towne District are replaced with buildings and structures which
meet all required design standards. The boundaries of the Old
Towne area are set forth in Chapter 17.70 of this
Code.17.71.020 Demolition Permits. A permit to demolish all
or part of a building or structure within the Old Towne
District shall only be issued concurrently with the issuance of a
building permit for the approved replacement building, or structure,
or approval of the
use.17.71.030 Conditions Danoerous to Life. Health or
Property.The provisions of Section 17.71.020 notwithstanding, any
building or structure in the Old Towne District may be demolished
pursuant to an order of a court of competent jurisdiction or an
authorized official of the City of Orange to remedy conditions determined
to be dangerous to life, health or
property.17.71.040 Review bv Desion Review Board. The Design
Review Board shall review the design of a proposed replacement
building,structure or use in accordance with the design standards
adopted by reference in Chapter 17.70 of this
Code.2 -
L____~____
17.71.050 Notice of Public Meetino. Notice of the place,
date and time of the public meeting which the Design Review Board
will review the proposed replacement building, structure or use
shall be given as follows:
A. Posting at City Hall at least ten days prior to the
meeting date; and
B. Advertisement in a local newspaper of general circula-
tion at least ten days prior to the meeting date.
In addition, the Director of Community Development shall
provide notice of the meeting to concerned organizations and
individuals.
17.71.060 Appeal. A. A decision by the Design Review
Board to either approve or disapprove the design of a replacement
building, structure or use shall start a 15-day appeal period
for a hearing before the City council. An appeal of a decision
by the Design Review Board shall be based on either one or both
of the following
criteria:1. The design of the replacement building, structure or
the proposed use is not in conformance with the design
standards for the Old Towne District as adopted by reference
in Chapter 17.70 of this
Code.2. The building or structure proposed for demolition
is worthy of preservation because it makes a
significant contribution to the historical or cultural heritage of
the
city.B. An appeal which is based only on nonconformity with
the design standards for the Old Towne District will be heard by
the City Council within 30
days.C. An appeal based at least in part against demolition of
a historically or culturally significant building or
structure shall be reviewed by the City Council within 60 days at
a dUly-noticed public hearing. At the hearing, the
appellant shall present to the Council a plan and schedule for
preserving the building or structure with evidence of financial
ability to complete the proposed project. The 60-day period
from date of filing to date of public hearing will allow the
appellant time to gather and prepare documentation needed for
the public hearing.The City Council shall require final action be
taken by Council on this appeal expeditiously and within a time
to be established by Council. In no event shall final action be
permitted to be taken beyond six months from the date the appeal
was first filed with the city in no period except on a showing
by appellant of the most compelling circumstances
justifying additional
time.section III:Upon the adoption of this Interim Ordinance
No. 37-88, that certain Interim Ordinance No. 32-
88, adopted August
lL-__~_______
which imposed a moratorium on the demolition of buildings and
structures constructed prior to January 1, 1940, is hereby
repealed and shall be without further force and effect.
section IV:
This Interim Ordinance No. 37-88 shall become
effective immediately and shall remain in full force and effect for 45
days unless repealed, superseded or extended by action of the
City
Council.section
V:The facts justifying the enactment of this Ordinance as
an urgency measure are as
follows:On August 16, 1988, the city Council adopted
Interim Ordinance No. 32-88 which established a moratorium
on the demolition of buildings in the Old Towne District
which were constructed prior to January 1, 1940. The purpose
of that ordinance was to protect such buildings from destruction
until a demolition ordinance with provisions dealing
specifically with buildings in the 01d Towne District could be
enacted. This Interim Ordinance No. 37-88 contains
these specific provisions.While the moratorium protects certain
buildings from demolition without careful consideration, it has
also delayed construction of several projects which may become significant
assets to the community. The Council has determined that enactment
of the new protective provisions should take place at once
and that the moratorium should be lifted. Failure to adopt
this Ordinance as an urgency measure could be adverse to the
public health, safety and welfare of the citizens of Orange because
the construction of significant buildings may be
unreasonably delayed. This Ordinance is adopted under the provisions of Section
65858 of the
California Government Code.ADOPTED this
20th
day
of ATTEST:AAJj7~ ~ ~~city Cle of he
ity 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.
37-88 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 20th day
of Sept~er , 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 5; (hhl/
2~City Cler of tlfla c~y of
Orange 5 -