Planning and Building Agency
www.santa-ana.gov/pb
Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 4, 2026
TOPIC: Ordinance Amendment No. 2026-01 to Amend Portions of Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code Relating to Modification of Historic Properties, Demolition by Neglect, Historic Property Transfer Disclosure, and Other Amendments of an Administrative Nature
AGENDA TITLE
Ordinance Amendment No. 2026-01 to Amend Several Sections of Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code (SAMC) Relating to Modification of Historic Properties, Demolition by Neglect, Historic Property Transfer Disclosure, and Other Amendments of an Administrative Nature
RECOMMENDED ACTIONS
1. Conduct a first reading and adopt an ordinance approving Ordinance Amendment No. 2026-01 to amend several sections of Chapter 30 (Places of Historical and Architectural Significance) of the Santa Ana Municipal Code relating to Modification of Historic Properties, Demolition by Neglect, Historic Property Transfer Disclosure, and other items of an administrative nature; and ORDINANCE NO. NS-XXXX entitled ORDINANCE AMENDMENT NO. 2026-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 30 (PLACES OF HISTORICAL AND
ARCHITECTURAL SIGNIFICANCE) OF THE SANTA ANA MUNICIPAL CODE
RELATING TO THE MODIFICATION OF HISTORIC PROPERTIES,
DEMOLITION BY NEGLECT, HISTORIC PROPERTY TRANSFER
DISCLOSURE, AND OTHER ITEMS OF AN ADMINISTRATIVE NATURE, AND
FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15060(c)(2), SECTION 15060(c)(3), AND SECTION 15061(b)(3), read by title only and waive further reading
2. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further review under state CEQA Guidelines Section 15060(c)(2), Section 15060(c)(3), and Section 15061(b)(3).
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GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
Background
During the November 7, 2024, meeting of the Historic Resources Commission (HRC), Planning Division staff presented a study session, at the HRC’s direction, regarding potential revisions to Chapter 30 of the SAMC. The presentation outlined regulatory options related to the following three topics:
1. Modification procedures for historic properties, including the regulation of alterations to a property’s internal setting;
2. Demolition by neglect of historic properties; and
3. Disclosure requirements for a property’s historic designation at the time of a real estate transfer.
At the same meeting, the HRC established an Ad-Hoc Committee to work with Planning Division staff on the development of revisions to Chapter 30 addressing these topics. The Ad-Hoc Committee consisted of commissioners Manuel J. Escamilla, Irma Jauregui, and Ignacio Rincon. The Committee and staff met on May 5, July 24, and October 16, 2025.
During the November 6, 2025, HRC meeting, Planning Division staff presented a study session that provided an overview of the ordinance revision process to date and summarized the recommended amendments. Commissioner Jauregui offered a recommendation for additional changes, requesting that a provision be added to require the historic status of a property to be recorded on its real estate profile.
On March 5, 2026, the HRC conducted a duly noticed public hearing to consider Ordinance Amendment No. 2026-01. Following staff's presentation, Commission discussion, and public testimony, the Commission voted 7:0:1 (Commissioner Escamilla absent) to recommend City Council approval of the ordinance with several modifications.
The Commission’s recommended revisions included clarifying the definition of “internal setting” to expressly recognize features such as fencing and other site elements that contribute to a property’s historic character, and expanding the historic property transfer disclosure requirements to include additional locally designated historic areas, including Specific Development No. 40 (Heninger Park). These recommendations have been incorporated into the proposed ordinance.
Revisions Since Historic Resources Commission Recommendation Following the Historic Resources Commission’s recommendation, the City Council approved Ordinance No. NS-3097, which dissolved the HRC and reassigned its historic preservation powers and duties to the Planning Commission. Accordingly, Ordinance Amendment No. 2026-01 has been revised to reflect the Planning Commission as the City’s historic preservation review authority and to ensure continuity in the administration Ordinance Amendment 2026-01: Chapter 30 - Places of Historical and Architectural Significance Ordinance (Citywide)
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of Chapter 30. Additional refinements were also made to improve clarity, establish administrative review procedures for routine historic property modifications, clarify review standards and definitions, expand the definition of internal setting to expressly include ribbon (Hollywood-style) driveways and fencing, and incorporate other technical and organizational revisions that improve implementation of the ordinance without altering its overall purpose or intent.
Topic 1: Modification Procedures for Historic Properties Table 1: Summary of Current and Proposed Regulations — Modification Procedures for Historic Properties
Item Existing Chapter 30
Regulations
Proposed Chapter 30 Amendment
Definitions Defines “historic property” as
a designated building,
structure, object, or site but
does not clarify whether
portions of the site outside
the primary structure are
considered contributing to the
property’s historic character.
Section 30-1.5 revises “historic property,”
establishes definitions for internal setting,
primary facade, secondary elevation,
character-defining feature, substantially
visible, substantially obstruct, and other
preservation terminology to improve clarity
and provide objective review standards.
Modification
procedures
Establishes regulations
requiring approval through a
Certificate of Appropriateness
for exterior modifications to
designated historic
properties.
Section 30-6 establishes administrative review
as the default process for modifications to
historic properties, with Planning Commission
review limited to specified major modifications
identified in Chapter 30. Requires all
modifications to be evaluated primarily using
the Secretary of the Interior’s Standards.
Internal Setting None. Clarifies that historic review may apply to significant site features, including
landscaping, fencing, hardscaping, ribbon
(Hollywood-style) driveways, and spatial
relationships, that contribute to a property’s
historic character.
Routine maintenance None. Section 30-6(h) establishes a new exemption providing that routine maintenance of historic
properties is exempt from the modification
requirements of Section 30-6.
The proposed amendments comprehensively reorganize the City’s procedures for reviewing modifications to designated historic properties by establishing a clear, objective framework that distinguishes between modifications eligible for administrative approval and those requiring Planning Commission review. Rather than requiring Planning Commission review for nearly all exterior modifications, the ordinance establishes administrative review by the Executive Director, or designee, as the default approval process and reserves Planning Commission review for a defined list of major modifications that have the greatest potential to affect the character-defining features, historic setting, or integrity of a historic property.
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This approach improves administrative efficiency while ensuring that projects with the greatest potential to impact historic resources continue to receive public review.
Conversely, modifications not specifically identified for Planning Commission review may be approved administratively by the Executive Director, or designee, through issuance of a Certificate of Appropriateness upon finding that the proposed work is consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties and does not substantially impair the character-defining features, historic setting, or integrity of the historic property. This administrative review process encompasses the majority of routine rehabilitation projects, including many minor exterior modifications, repairs, and alterations that are compatible with the historic resource.
The proposed amendments also expand and clarify the City’s review authority by recognizing that a historic property’s significance may extend beyond the principal structure to include its internal setting. The ordinance refines the definition of “historic property” and establishes objective definitions for terms including “internal setting,” “primary facade,” “secondary elevation,” and “character-defining feature.” The amendments further clarify that historic review may apply to significant site features, including landscaping, hardscaping, fencing, and ribbon (Hollywood-style) driveways, where such features contribute to the property’s historic character or are identified in official designation records. These additions provide greater clarity and consistency in the administration of Chapter 30 and reduce ambiguity during project review.
Topic 2: Demolition by Neglect
Table 2: Summary of Current and Proposed Regulations — Demolition by Neglect Item Existing Chapter 30
Regulations
Proposed Chapter 30 Amendment
Definitions No definition of demolition by
neglect.
Section 30-1.5 establishes a definition of
“demolition by neglect” to clarify when
deterioration of a historic property resulting
from willful or negligent failure to maintain the
property constitutes demolition by neglect.
Demolition of historic
properties
Chapter 30 establishes
procedures for review of
demolition requests for
historic properties but does
not regulate deterioration
resulting from deferred
maintenance or neglect.
Sections 30-7(d) and 30-8 establish
procedures for identifying, notifying, and
enforcing demolition by neglect violations. The
ordinance clarifies that a determination by the
Building Official that a property is a dangerous
building does not preclude a finding of
demolition by neglect and authorizes
enforcement remedies, including temporary
restrictions on discretionary approvals and
permits for new construction until violations
are corrected.
Minimum
maintenance
No minimum maintenance
standards for designated
historic properties.
Section 30-8 establishes objective minimum
maintenance standards requiring historic
properties to be maintained in a manner that
Ordinance Amendment 2026-01: Chapter 30 - Places of Historical and Architectural Significance Ordinance (Citywide)
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Item Existing Chapter 30
Regulations
Proposed Chapter 30 Amendment
standards for historic
properties
preserves their historic character and eligibility
for designation. The section identifies
conditions constituting violations and
authorizes the Building Official to enforce
compliance.
Enforcement
Procedures
No specific enforcement
procedures addressing
demolition by neglect.
Establishes notice, compliance, correction,
and administrative appeal procedures that
provide property owners due process while
allowing the City to proactively address
deterioration before irreversible damage
occurs.
Because the current ordinance contains no minimum maintenance standards, no objective criteria for identifying demolition by neglect, and no enforcement procedures or penalties to address deterioration before demolition occurs, the proposed amendments establish a first- time comprehensive framework to proactively preserve designated historic resources.
Rather than regulating only the demolition of historic resources, the ordinance provides the City with tools to address conditions that, if left uncorrected, could ultimately result in the irreversible loss of a property’s historic character or structural integrity.
New Section 30-8 establishes minimum maintenance standards requiring owners of designated historic properties to maintain exterior building elements, structural systems, weather protection, architectural features, and other character-defining elements in a manner that preserves the property’s historic significance. The ordinance identifies objective conditions that constitute violations, including deterioration resulting from water intrusion, structural instability, defective roofing, exterior material failure, and other forms of deferred maintenance that threaten the continued preservation of the historic resource.
The amendments also establish a structured enforcement process that emphasizes voluntary compliance before enforcement. When demolition by neglect is identified, property owners are provided notice of the violation, an opportunity to correct the deficiencies within prescribed timeframes, and administrative appeal rights consistent with due process principles. If violations remain uncorrected, the ordinance authorizes the City to pursue appropriate enforcement remedies, including temporary limitations on discretionary land use approvals and permits for new construction until the violation has been resolved.
Importantly, the ordinance clarifies that a determination by the Building Official that a historic property constitutes a dangerous building does not preclude a separate finding of demolition by neglect. This distinction recognizes that public safety enforcement and historic preservation serve complementary, but separate, regulatory purposes. A property may require immediate action to address unsafe conditions while simultaneously remaining subject to preservation requirements intended to minimize the unnecessary loss of historic resources.
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These amendments provide the City with a proactive framework for preserving designated historic resources by encouraging routine maintenance, establishing objective enforcement standards, and providing clear procedures that balance property owner rights with the City’s interest in protecting its historic and cultural resources.
Topic 3: Historic Property Disclosure
Table 3: Summary of Current and Proposed Regulations — Historic Property Disclosure Item Existing Chapter 30
Regulations
Proposed Chapter 30 Amendment
Definitions Chapter 30 does not
currently define terms
related to historic property
disclosure.
Section 30-1.5 adds definitions for
“buyer,” “owner,” and “real property
transaction” to support implementation
of historic property disclosure
requirements.
Historic property disclosure No requirement to
disclose a property's
historic designation during
a real property
transaction.
Section 30-11 requires sellers of
designated historic properties and
properties located within designated
historic districts or other specified
locally designated historic areas to
provide written notice of the property’s
historic designation to prospective
buyers prior to transfer of title.
Purchasing a designated historic property carries responsibilities that may differ from those associated with non-designated properties. Owners of historic properties are subject to Chapter 30 of the SAMC, including requirements governing modifications, demolition, and ongoing maintenance intended to preserve the property's historic character. Providing notice of a property’s historic designation before the transfer of title helps ensure prospective purchasers are informed of these responsibilities and can make purchasing decisions with a clear understanding of the applicable regulations.
Although a property’s historic designation is generally a matter of public record, that information may not be readily identified during a typical real estate transaction. The proposed amendments therefore require sellers to provide written notice when a property is designated as historic or is located within a designated historic district or other specified locally designated historic area prior to the transfer of title. This requirement promotes transparency by helping prospective purchasers understand the regulatory framework that may affect future alterations, maintenance obligations, and available preservation incentives.
Additional Administrative and Clarifying Amendments
The proposed amendments also expand and clarify several definitions, including character-defining feature, primary facade, secondary elevation, substantially visible from the public right-of-way, substantially obstruct, and routine maintenance, to establish more Ordinance Amendment 2026-01: Chapter 30 - Places of Historical and Architectural Significance Ordinance (Citywide)
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objective review standards and reduce ambiguity during project review. The ordinance also clarifies that character-defining features and a property’s internal setting are generally identified through California Department of Parks and Recreation (DPR) 523 series forms prepared during designation, or through other documentation accepted by the City consistent with professional preservation standards.
Additional amendments would require the City Council to adopt objective design guidelines if establishing a new local historic district, ensuring that clear standards for project review, maintenance, and permitted alterations are available at the time of designation. The ordinance also updates the public noticing provisions to replace an outdated Government Code reference that no longer reflects current statutory language.
Rather than creating a new noticing requirement, the amendment codifies the City’s longstanding practice of providing mailed notice to property owners and at least one occupant of each tenant space within the required noticing radius for public hearings involving historic preservation matters. These revisions clarify the ordinance, ensure consistency with current law, and accurately reflect the City’s established administrative procedures. The ordinance also clarifies application procedures and revises appeal procedures to reflect the reassignment of historic preservation responsibilities from the Historic Resources Commission to the Planning Commission.
These amendments improve the administration of Chapter 30 by providing greater procedural clarity, incorporating objective preservation standards, and ensuring that the City’s historic preservation regulations remain consistent with current professional practices and the City's organizational structure.
General Plan Consistency
The Historic Preservation Element of the General Plan provides guidance to ensure that the identification, designation, protection, and stewardship of Santa Ana’s architectural, historical, cultural, and archaeological resources are integrated into the City’s planning, development, and permitting processes. The Historic Preservation Element recognizes that preserving the City’s historic resources strengthens community identity, enhances neighborhood character, and contributes to Santa Ana’s unique sense of place.
Accordingly, the proposed amendments are consistent with the Historic Preservation Element of the General Plan and further Goal HP-1 (Historic Areas and Resources), including Policies HP-1.1 (Architectural and Design Standards), HP-1.2 (Federal Standards for Rehabilitation), HP-1.3 (Historic Districts and Design Standards), HP-1.4 (Protecting Resources), and HP-2.1 (Resource Stewardship).
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, adoption of the proposed ordinance is exempt from environmental review under Section 15061(b)(3) (Common Sense Exemption), as it can be seen with certainty that there is no possibility the action may have a significant effect on the environment.
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The ordinance establishes administrative and regulatory requirements related to the modification, maintenance, and transfer of historic properties and does not authorize physical construction or development.
Additionally, the action is not a project pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. Based on this analysis, a Notice of Exemption, Environmental Review No. 2026-19, will be filed for this Project.
FISCAL IMPACT
There is no direct fiscal impact associated with the proposed ordinance.
EXHIBITS
1. Ordinance Amendment No. 2026-01
2. March 5, 2026 Historic Resources Commission Staff Report and Exhibits Submitted By: Ali Pezeshkpour, AICP, Executive Director of the Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager