ORD-39-88 THE ISSUANCE OF DEMOLITION PERMITS FOR BUILDINGS AND STRUCTURES IN THE OLD TOWNE DISTRICTORDINANCE NO. 39-88 ANORDINANCE OF THE CITYCOUNCILOFTHECITY
OF ORANGE AMENDING
TITLE 17 OF THE ORANGE MUNICIPAL CODE TO
ADD CHAPTER 17.71 CONCERNING THE ISSUANCE OF
DEMO-LITION PERMITS FOR BUILDINGS AND
STRUC-TURES 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 Old Towne District to assure the preservation
of historically significant structures will not be destroyed before a
permanent demolition permit ordinance can become effective; and
WHEREAS, on September 20, 1988, the City Council
adopted Interim Ordinance
No. 37-88 which repealed Interim Ordinance No.32-
88, thereby lifting the moratorium, and causing the Old
Towne demolition regulations stated herein to become effective immedi-ately
for a period of 45 days; and WHEREAS,
provisions of this 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 permit
for the replacement structure; and WHEREAS, an appeal process is set
forth in this
Ordinance to provide a means for persons aggrieved by a decision
of the Design Review Board or persons to preserve a valuable historic
or cultural resource to have that decision reviewed by the
City Council; further, this appeal process will give the owner
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.NOW, THEREFORE, the City
Council of the City of
Orange ordains as follows:Section I:Title 17 of the
Orange Municipal Code
is hereby
amended to add Chapter 17.71 to read as follows:CHAPTER
17.71 OLD TOWNE DEMOLITION REGULATIONS Sections:17.
71. 010 17.
71.020 17.71.
030
17.71. 040
17.71. 050
Purpose and Intent.
Demolition Permits.Conditions
Dangerous to Life,
Health, or Property.
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 prescribing regulations for the 01d Towne District
which authorizes the issuance of a demolition permit concurrently
with the issuance 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 a mechanism by which a means is available to examine
historic and cultural significance of a building or structure in
the 01d Towne District before it is demolished. Further, these
regulations would provide reasonable assurance 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 01d Towne district are set
forth in Chapter 17.70 of this Code.
17.71.020 Demolition Permits. A. A letter of intent to
grant a permit to demolish shall be issued after approval of a
replacement building, structure, or use by the Design Review
Board. Such review shall be in accordance with the design
standards adopted by reference in Chapter 17.70 of this Code.
Said letter shall set forth required appeal periods defined in
Section 17.71.060 and other required procedures allowing issuance
of the demolition permit.
B. A permit to demolish a building or structure within the
01d Towne District shall only be issued concurrently with the
issuance of a building permit for the approved replacement
building, structure, or other permit approving the future use.
This section shall be effective where more than 50% of the
building or structure is to be demolished.
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 in whole
or in part pursuant to an order of a court of competent jurisdic-
tion or the order of an authorized official of the City of Orange
to remedy conditions determined to be dangerous to life, health,
or property.
17.71.040 Notice of Public Meetino. Notice of the place,
date, and time of the public meeting at which the Design Review
Board will review the proposed replacement building, structure,
or use shal1 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
circulation 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.
2 -L
W.__._~._ __ __ _____'.
17.71.050 Appeal. A. A decision by the Design Reyiew
Board to either approve or disapprove the design of a replacement
building, structure, or use may be appealed within 15 days of the
approval for a hearing before the City Council.
An appeal of a decision by the Design Review Board to
disapprove the design of a replacement building, structure, or
use shal1 conform to the criteria contained in ~17.96.130 A. of
this Code.
An appeal of a decision by the Design Review Board to
approve the design of a replacement building, structure, or use
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 and/or;
2. The building or structure proposed for demolition is
worthy of preservation because it makes a significant contribu-
tion to the historical or cultural heritage of the City.
It shall be the responsibility of the appellant at the time
of appeal to submit evidence from an expert in the area of
historical structures establishing the historic or cultural
value of the structure.
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 the demolition
of a historically or cultural1y significant building or structure
shall be reviewed by the City Council within 60 days from Design
Review Board approval at a dUly-noticed public hearing. At
the hearing, the appellant shal1 present to the Council a plan
and schedule for the preservation through relocation of the
building or structure with evidence of financial ability to complete
the proposed project. The 60-day period will allowtheappel1anttimetogatherandpreparedocumentationneededfor
the public hearing. Final action shall be taken by Council onthisappealwithinfourmonthsofthedateoftheDesign
Review Board decision, except on a showing by appellant of themostcompellingcircumstancesjustifying
additional time.D. If no appeal is filed within the
established 15-day appeal period, the demolition permit shall be
issued subject to all the provisions
of this
Chapter.Section II:If Interim Ordinance No. 37-88
and any amendments thereto remain in effect on the date this
Ordinance No. 39-88 becomes operative, Interim Ordinance No.
37-88 as amended, shall become null and void without
further action of
11..-___sectionIII:
A summary
of this Ordinance shall be published and a certified copy
of the full text of this Ordinance shall be posted in the
Office of the city Clerk at least five (5) days prior to the city
council meeting at which this Ordinance is to be adopted. A
summary of this Ordinance shall also be published once within
fifteen (15) days after this Ordinance's passage in the Orange
City News, a newspaper of general circulation,published and
circulated in the City of Orange. The city Clerk shall post
in the Office of the city Clerk a certified copy of the full
text of such adopted Ordinance along with the names of those city
Council members voting for and against the Ordinance in accordance
with Government Code section 36933. This Ordinance shall take
effect thirty (30) days from and after the date of its final passage.
ADOPTED this
25th day of M ATTEST:
1I()
h-
A/<rd !1;~#~CityClerk0thetyOrange 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 was introduced
at the regular meeting of the city Council held on the
11th day of October , 1988, and thereafter at the regular
meeting of said city Council duly held on the 25th day of
October , 1988, was duly passed and adopted by the following
vote, to wit:AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL
MEMBERS: SMITH, BARRERA, COONTZ. MAYOR PEREZ, BEYER COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE COUNCIL
MEMBERS: NONE 4 -