ORD-42-88 CONCERNING THE PROPOSED DEMOLITION PROJECT AT 154 SOUTH CYPRESS STREETL-__
ORDINANCE NO. 42-
88 AN INTERIM ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF ORANGE AMENDING
INTERIM ORDINANCE NO. 37-88 TO REVISE
SECTION I THEREOF CONCERNING THE
PROPOSED DEMOLI-TION PROJECT AT 154 SOUTH
CYPRESS STREET.WHEREAS, the City Council adopted Interim Ordinance
No. 37-88 which rescinded the moratorium on the demolition
of certain struc-tures in the Old Towne District, made the
new demolition regula-tions effective immediately and specifically
exempted from these new regulations those structures at 379-
389 South Batavia Street and at 143
South Cypress Street; and WHEREAS, the city Council has
reconsidered its action regard-ing the structure at 154 South Cypress Street
and now desires that the demolition of this structure should be
subject to a reasonable appeal period which would
give concerned responsible organizations and individuals an opportunity to propose to
the Council an alterna-tive plan that would
preserve the structure; and WHEREAS, the two demolition
projects are clearly distinguish-
able on two grounds:A. The demolition project at
379-389 South Batavia Street involves the destruction of a
single-family house and a garage which are pre-1940, but
are not unique and have no particular
cultural significance. Further, all requirements for demolition,except the actual
issue of the demolition permit, were
satisfied prior to imposition of the moratorium.B. The demolition
project at 154 South Cypress Street in-volves the destruction of
a Queen Anne style house constructed in the 1880's. Not many
houses of this style and period remain.Further, there is tentative
approval of the design of the replace-ment structure by
the Design Review Board. However, final approval is contingent upon
meeting the requirements of the Orange Redevelop-ment
Agency. These requirements have not been satisfied.WHEREAS, for
the reasons stated herein, the demolition project at 379-389 South Batavia
Street shall be allowed to proceed and the demolition project at
154 South cypress Street shall
be subject to a reasonable appeal period; and WHEREAS, the
City Council finds and determines that the public health, safety
and welfare require that members of the community,if the financial
and technical resources can be found, should be given an opportunity to
preserve a
unique structure of the past for future generations.NOW, THEREFORE, the
City Council
of the
I~------~-~------
section I:Two demolition projects
have
been
delayed by
the imposition of the moratorium on certain structures in the
Old Towne District on August 16, 1988. These projects are:A.
The two structures to be demolished
for Ronald McDonald House, 379-389 South Batavia street.B.
The structure at 154 South
Cypress Street.The City Council finds and determines
concerning these projects as follows:1. A demolition
permit shall be
issued forthwith for the two structures at 379-389 South Batavia
Street because all then existing requirements for a demolition
permit, except for the actual issue of the permit,
had been satisfied on August 16,1988, the date the moratorium
was imposed. These structures have no particular historical or
cultural relevance.2. The structure to be
demolished at 154 South Cypress Strec"is a Queen Anne style
house constructed in the 1880's. The Design Review Board has given
only tentative approval of the design of the replacement structure,
subject to satisfying requirements of the Orange Redevelopment
Agency. These re-quirements have not been satisfied.
This demolition project shall be subject to an
appeal process. A concerned organiza-tion or individual may file
for appeal of this matter to the city Council no later than
5:00 p.m. on Thursday, October 13,1988.An appeal shall be
based
on the criteria stated in A of Section 17.71.
060 of Interim Ordinance No. 37-88.requirements of subsection Band
C of section 17.71.060 be applicable.section II:
subsection The
shall also
The
facts
justifying the
enactment of this Ordinance as an urgency measure are as
follows:The reasons justifying Interim
Ordinance No. 37-88 in section V of that
document are incorporated herein by reference. The Council further finds
and determines that the public health, safety and welfare require
this amendment to Interim Ordinance No. 37-88 because a
historically and culturally significant structure may be demolished without
further consideration if the project is not made subject to
the appeal process.ADOPTED this
27th day of ATTEST:c~
l~
e 2 -
STATEOFCALIFORNIA )COUNTY OFORANGE ) ss
CITY OF ORANGE )
I, MARILYN J. JENSEN,
City Clerk of
the City of Orange,California, DO HEREBY CERTIFY that the foregoing
Ordinance No.42-88 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 27th day of september , 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 11rA1/U~ (
f ~city Clerk of
tlf€! c y
of Orange 3 -