TO: Honorable Mayor and Members of the City Council
THRU: Jarad Hildenbrand, City Manager
FROM: Russell Bunim, Community Development Director
1. Subject
title
Continued Public Hearing to consider Introduction and First Reading of Ordinance No. 14-26 repealing and replacing Chapter 17.17 of the Orange Municipal Code with a new Historic Preservation and Cultural Resources Ordinance and related procedural amendments to Chapter 17.08, and finding of California Environmental Quality Act exemption (Continued from September 22, 2026)
body
2. Summary
A draft Historic Preservation and Cultural Resources Ordinance has been prepared to comprehensively address the management of historic and cultural resources including properties and districts, as well as archaeological and Tribal Cultural resources. The proposed Ordinance also establishes the structure and responsibilities of a Heritage Commission, as well as the establishment of a City Historic Register and related criteria and processes for resource designation. Content also addresses demolition, relocation, property maintenance, and preservation incentives. The City Council conducted a Public Hearing for the Ordinance on September 22, 2026. The Council continued the hearing to November 10, 2026 and directed staff to make further refinements to the Ordinance.
3. Recommended Action
recommendation
1. Conduct and close the Public Hearing.
2. Introduce and conduct First Reading of Ordinance No. 14-26. An Ordinance of the City Council of the City of Orange amending Title 17 of the Orange Municipal Code to replace Chapter 17.17, Historic Districts, in its entirety with a new Chapter 17.17 entitled Historic Preservation and Cultural Resources and associated definitions, provisions, and procedures to comprehensively address historical, cultural and tribal resources, and amending Section 17.08 to replace the Design Review Committee with a Heritage Commission and establish associated purview.
end
4. Fiscal Impact
None.
5. Strategic Plan Goals
Goal 6: Ensure the Preservation of Historic Resources
Objective 6.1: Develop Historic Preservation Ordinance
6. Discussion and Background
Proposed Ordinance
The proposed Historic Preservation Ordinance replaces the existing content of Chapter 17.17 in its entirety with a comprehensive framework for addressing the City’s historic and cultural resource management needs, providing staff and the public with clear guidance related to the range of scenarios encountered with projects affecting historic resources, districts, and neighborhoods. On September 22, 2026 the City Council continued the public hearing on the Ordinance based on the need for further refinement of the following provisions:
• Authority and membership of Heritage Commission
• Procedures for Heritage Commission and Planning Commission action
• Certain definitions
• Property owner consent for landmark designation
• Building deterioration factors constituting demolition by neglect
• Documentation submittals required for demolition requests
• Tiered demolition review of un-surveyed buildings 45 years of age or older
Staff has made revisions to address City Council comments as presented in Attachment 2 and highlighted below.
Heritage Commission (Section 17.08.020)
Planning Commission and Heritage Commission Actions: Section 17.08.020 has been modified to clarify the sequence of actions associated with projects involving historic resources and land use entitlements. As presented in Note 3 to Table 17.08.020, the proposed language has been modified to require Planning Commission action solely on land use entitlements prior to Heritage Commission Review. Heritage Commission review of architectural and landscape design and cultural resource matters would follow. The action of both the Planning Commission and Heritage Commission would be independent from one another, and each would be appealable to the City Council.
Heritage Commission Purpose and Membership: The purpose of the Heritage Commission has been refined to more specifically reference its role reviewing compliance with adopted historic preservation design standards. Membership criteria has also been revised to place priority on individuals with background in the following:
• Urban planning
• Historic preservation
• Architectural history
• Local history
Should individuals with that knowledge not be readily available in the community, backgrounds in architecture, landscape architecture, archaeology or a related filed are also acceptable.
Definitions (Section 17.17.103)
The definition of “Major Alterations” continues to apply to substantive alterations and additions larger than 120 square feet, but has been revised to remove the reference to visibility from the public right-of-way and front of property. Other definitions have been deleted for Phase 1 and Phase 2 screening and assessment related to un-surveyed buildings 45 years or older in response to significant changes proposed to Section 17.17.121 as described below.
Property Owner Consent for Landmark Designation (Section 17.17.109)
The proposed procedures for designation of a historic landmark have been revised to require property owner consent for a Historic Landmark designation. Regardless of a property’s inclusion in the Register as a landmark, modifications to properties located in designated historic districts would continue to be subject to the design standards appliable to the district, the Secretary of Interior Standards and compliance with CEQA. In the case of surveyed properties outside of historic districts identified as historic, alterations would continue to be subject to compliance with the Secretary of Interior Standards and CEQA compliance.
Duty to Maintain (Section 17.17.113)
Section 17.17.113 has been revised to more narrowly define the types of maintenance issues that constitute severe deterioration which are likely to result in building failure rising to the level of “demolition by neglect.” The categories of deterioration now focus on structural failures, deterioration of stairs, windows and door frames, wall facings, and character defining decorative architectural elements.
Demolition Permit Submittal Requirements (Section 17.17.120)
The presentation of submittal requirements for purposes of applying for a Certificate of Demolition have been simplified to eliminate the open-ended nature of the originally identified documentation.
Tiered Demolition Review of Properties Not Previously Surveyed (Section 17.17.121)
Given the Council’s desire to encourage property reinvestment and economic development and related concerns expressed regarding demolition pre-screening for any buildings 45 years or older that have not been previously surveyed, the content of Section 17.17.121 has been markedly reduced to simply reference compliance with state law, including but not limited to the California Environmental Quality Act (CEQA), prior to the issuance of a demolition permit. Section 15064.5 of the State CEQA Guidelines provides guidance on evaluating potential project impacts to historic and cultural resources (Attachment 3). Additionally, the City’s Local CEQA Guidelines address considerations for historic and cultural resources as part of project review (Attachment 4). The proposed language revisions to the ordinance maintain the status quo for City practice with respect to CEQA compliance.
7. advisory board action
The Design Review Committee provided review and comment on the proposed ordinance on August 5, 2026. The Planning Commission conducted a public hearing for the proposed ordinance on August 17, 2026. Committee and Commission comments are summarized in Attachments 5 and 6, respectively.
8. environmental review
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) because it serves to protect historic and cultural resources from potential impacts. For this reason, no further CEQA documentation is required.
9. ATTACHMENTS
• Attachment 1 Ordinance No. 14-26
• Attachment 2 Ordinance No. 14-26 (Redline)
• Attachment 3 State CEQA Guidelines, Section 15064.5
• Attachment 4 City of Orange Local CEQA Guidelines, Historic Resources Excerpt
• Attachment 5 Planning Commission Resolution No. PC No. 17-26
• Attachment 6 Planning Commission Staff Report, August 17, 2026
• Attachment 7 Planning Commission Minutes, August 17, 2026