HomeMy WebLinkAboutOrd 2011-3196ORDINANCE NO. 3196
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE MUNICIPAL CODE BY INCLUDING A NEW SECTION
AS TITLE 21, HISTORIC PRESERVATION
WHEREAS, protection of Chula Vista's important Historical Resources is an objective of
the Chula Vista General Plan, Chapter 5, Objective 12; and
WHEREAS, it is a policy of the Chula Vista General Plan LUT 12.3 to adopt a Historic
Preservation Ordinance that implements the goals established by the City Council and the
document "An Evaluation of Historic Preservation in Chula Vista"; and
WHEREAS, Title 21, a Historic Preservation Ordinance is proposed that will help protect
Chula Vista's important Historical Resources through the identification and evaluation of
Potential Historical Resources and preservation of those Resources that are determined to be
historically significant; and
WHEREAS, the proposed Historic Preservation Ordinance meets the requirements for
certified local government status, as defined by the State Historic Preservation office, by
establishing local legislation for the designation and protection of Historical Resources; and
WHEREAS, the Resource Conservation Commission voted to recommend that the City
Council approve the Historic Preservation Ordinance; and
WHEREAS, the Planning Commission, also, voted to recommend that City Council
approve the Historic Preservation Ordinance; and
WHEREAS, the Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
project qualifies for Class 3l and Class 8 Categorical Exemptions pursuant to Section's 15331
and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency
for Protection of the Environment) of the State CEQA Guidelines because it is adoption of a
Historic Preservation Program and Ordinance that will assure the protection of Historical
Resources in the City of Chula Vista.
NOW THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista
does hereby find and determine as follows:
Section I. Environmental Determination
That the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to
Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by
Regulatory Agency for Protection of the Environment) of the California Environmental Quality
Act (CEQA) Guidelines (Cal. Code of Regulations, Title 14, Division 6, Article 3, Chapter 3)
because it is adoption of a Historic Preservation Program, Historic Preservation Ordinance, and
all other implementing ordinances that will assure the protection of Historical Resources in the
City of Chula Vista. The City Council further finds that no further environmental review is
required.
Ordinance No. 3196
Page 2
Section II. Consistency with General Plan
The City Council finds that the proposed adopti
Ordinance is consistent with the goals, objectives, and polic
as it will help to protect Chula Vista's Historical Res
neighborhoods, and enhance community image through pre:
finds that the proposed ordinance is based on sound planni~
provide for the protection and conservation of Historical
ordinance allows for the identification and preservation of
the City in obtaining Certified Local Government Status
National Historic Preservation Act.
n of the Historical Preservation
:s of the Chula Vista General Plan
urces, preserve stable residential
rvation. The City Council further
principles and practices that will
Resources and that the proposed
istorical Resources and will assist
ursuant to Section 101 (c) of the
BE IT FURTHER ORDAINED, that the City Cow~cil of the City of Chula Vista does
hereby approve an ordinance of the City of Chula Vista ~~1jP,~,ending the Chula Vista Municipal
Code by including a new section identified as Title 21, entitle Historical Preservation, as follows:
Section III.
Title 21
HISTORIC PRESERV.
Chapters:
21.02 General Provisions
21.03 Definitions
21.04 Identification and Designation of Historical
21.05 Delisting of Historical Resources
21.06 Historic Preservation Districts (HPD's)
21.07 Alterations of Historical Resources
21.08 Discretionary Projects and Demolition of H
21.09 Maintenance and Repair
21.10 Incentives, BeneTits and Exemptions
21.11 Enforcement and Penalties
21.12 Notice, Fees, and Appeals
21.13 Severability
21.02 GENERAL PROVISIONS
Resources
21.02.010 Title
This chapter shall be known as the City of Chula Vista Historic Preservation Ordinance (HPO).
21.02.015 Enabling Authority
This chapter is enacted pursuant to California Government Code section 37361(b); California
Constitution Article I, section 7; and United States Code of Federal Regulations Title 36, Part 61.
Ordinance No. 3196
Page 3
21.02.020 Purpose & Intent
The Chula Vista City Council (Council) declazes that the identification, recognition,
preservation, protection and adaptive reuse of Historical Resources are essential for the health,
prosperity, social and cultural enrichment, and general welfaze of the citizens who live in, work
and visit Chula Vista. The purpose and intent of the HPO is to serve, protect and enhance the
public health, safety and welfare through the following:
A. Serve as the regulatory document of the City's Historic Preservation Program (HPP);
B. Promote and accomplish the historic preservation goals, policies, and strategies of the
City's General Plan;
C. Promote the recognition, preservation, protection and use of Historical Resources
through Historical Resource surveys and the designation of Historical Resources;
D. Preserve and enhance those Historical Resources that give Chula Vista it's identity by
utilizing the Secretary of Interior Standards for Treatment of Historic Properties;
E. Honor Chula Vista's rich history and heritage by designating significant Historical
Resources and Historic Preservation Districts that aze associated with important
historical events, persons, significant azchitecture, and landscape elements;
F. Provide strong and safe neighborhoods by encouraging harmony as to style, form,
proportion, and material between Historical Resources and new construction that aze
located within designated Historic Preservation Districts;
G. Provide for a sustainable environment through the preservation and protection of
Resources and neighborhoods that have Historical Significance;
H. Carry out the provisions of the National Historic Preservation Act and the Certified
Local Government Program established under said act;
I. Establish the use of incentives and benefits for the protection, retention and
preservation of Historical Resources; and
J. Promote the recognition, preservation, protection and use of Historical Resources
through education and a HPP that is maintained up to date and valid.
21.02.030 Historic Preservation Authority
There is created a Historic Preservation Commission (HPC), pursuant to Chula Vista Municipal
Code Chapter 2.49. The HPC governs processes and activities presented in this Title as further
defined in Chula Vista Municipal Code Chapter 2.49. The discretionary project review
responsibility of the HPC shall include the review of Major Alterations, Historical Resource
demolition applications, historic determinations and appeals, and consistency of said projects
with the City's HPP, applicable historic district guidelines, and this ordinance.
21.03 DEFINITIONS
For the purpose of this chapter, the following definitions shall govern the meaning of words
contained herein unless the context indicates otherwise.
Ordinance No. 3196
Page 4
21.03.002 Alteration: A change in the chazacter, composition, or structure of a Potential
Historical Resource or Historical Resource which are not classified as work exempt from
building permits (Building Permit Form 4551) or those activities that aze exempt pursuant to
Chula Vista Municipal Code §21.03.054. (Also see the City's HPP Section 4.0 -Historic
Preservation Projects and Appendix: Preservation Brief 14- New Exterior Additions to Historic
Buildings).
21.03.004 Archaeological Resource: Subsurface or aboveground material remains of past
human life or activities that are at least one hundred years of age, and may yield additional
information about prehistory or history.
21.03.006 Architectural Significance: Importance of a Resource based upon the distinctive
characteristics of a period, style, type, period or method of construction. (Also see the City's
HPP- Appendix- National Register Bulletin How to Evaluate and Apply Criteria, Section VIJ.
21.03.008 Association: The direct link between an important historic event or person and a
Historical Resource. "Association" is one of the seven aspects of Integrity.
21.03.010 Building: A structure that has a roof and walls and stands more or less permanently in
one place, such as a house, barn, church, hotel, office or similaz construction that is created to
shelter any form of human activity. "Building" may also refer to a historically and functionally
related unit, such as a courthouse and jail or a house and barn.
21.03.012 California's State Historical Building Code: California Health and Safety Code §§
18950,et seq. and a regulation of Part 8 of Title 24, of the California Code of Regulations. This
code provides alternative standards and regulations intended to facilitate repairs, Alterations, and
additions necessary for the preservation, restoration, rehabilitation, safety, moving, or continued
use of a qualified historical building or structure.. (Also see State Historical Building Code and
the City's HPP Appendix- California's State Historical Building Code ).
21.03.014 Reserved.
21.03.016 Certificate of Appropriateness (COA): A permit required for the alteration,
restoration, construction, demolition, removal, and/or relocation in whole or in part, of or to any
Historical Resources. (Also see the City's HPP Section 4.0- Historic Preservation Projects
Certificate of Appropriatness).
21.03.018 Certified Local Government: A local government officially certified by the National
Park Service and the State Office of Historic Preservation to carry out the purposes of the
National Historic Preservation Act. (Also see the City's HPP Section 1.0- Preface and
Acknowledgements- Certified Local Government).
21.03.020 Character-Defining Feature: Architectural, street and landscape features of a
building, structure, object, or Historic Preservation District which help to convey historical
significance. (Also see Historical Significance).
Ordinance No. 3196
Page 5
21.03.022 Chula Vista Register of Historical Resources: A comprehensive list of designated
Historical Resources, commonly referred to as the Local Register. (Also see the City's HPP-
Appendix- Local Register).
21.03.024 City Staff: An employee from any department or agency of the City of Chula Vista
which may be called upon to assist in the proper administration of the City of Chula Vista's
Historic Preservation Program, including this ordinance.
21.03.026 Commissiou: The City of Chula Vista Historic Preservation Commission (HPC).
21.03.028 Contributing Resource: A Resource within the boundaries of a proposed or
designated Historic Preservation District which contributes to, physically conveys, and
supplements the identified historical significance of that historic preservation district.
21.03.030 Council: The City of Chula Vista City Council.
21.03.032 Criteria: A set of established general standards by which the Historical Significance
of a Historical Resource is judged and Eligibility for designation is determined pursuant to Chula
Vista Municipal Code §21.04.100. (Also see the City's HPP- National Register Bulletin 15:
How to Apply the National Register Criteria for Evaluation, Section VI How to Identify the Type
of Significance of a Property).
21.03.034 Cultural Laudscape: A Historical Landscape that is a geographic area, including
both cultural and natural Resources therein, associated with a historic event, activity, or person
or exhibiting other cultural or aesthetic values. (Also see Historical Landscape).
21.03.036 Demolition: For the purposes of this ordinance, any act or failure to act that destroys,
destructs, or removes in whole or in part any element of a Potential Historical Resource, an
Eligible Historical Resource, or designated Historical Resource such that its character, historical
significance and /or Integrity is materially altered. (Also see Chula Vista Municipal Code
§15.44.050 or the City's HPP Section 4.0- Historic Preservation Projects -Demolition and
Relocation ofa Historical Resource).
21.03.038 Design: The combination of elements that create the physical form, plan, space,
structure, and style of a Resource. "Design" is one of the seven aspects of Integrity.
21.03.040 Determination of Eligibility: An action through which anon-designated Resource's
Historical Significance is decided through an official government process. (Also see the City's
HPP Section 4.0- Historic Preservation Projects- Historical Resource Eligibility Determination).
21.03.042 Reserved.
21.03.044 Eligible Historical Resource: Any Resource that is listed in a Historical Resources
inventory as being significant or that has been substantiated through the completion of a DPR
Form, an Expert Technical Analysis report, or by the Zoning Administrator to be eligible for
listing on the Local Register pursuant to Chula Vista Municipal Code §21.04.100, or any
Resource that is eligible for listing on the California Register of Historical Resources, or the
National Register of Historic Places.
Ordinance No. 3196
Page 6
21.03.046 Eligibility: The ability of a Resource to meet the criteria listed in Chula Vista
Municipal Code §21.04.100 or the criteria for listing on the California Register of Historical
Resources, or the National Register of Historic Place.
21.03.047 Eligibility Determination- (See Determination of Eligibility).
21.03.048 Evaluation: The process by which the Historical Significance and Integrity of a
Potential Historical Resource is judged and Eligibility determined.
21.03.050 Event: An occasion, circumstance, or activity that occurred within a particulaz period
of time, or continued over an extended period of time.
21.03.052 Exceptional Historical Resource: A Resource that Council has determined is
invaluable to the heritage of Chula Vista because it has been found through Expert Technical
Analysis to be the best representative sample or the last one of its type and that the loss of that
Resource through demolition, removal, or Alteration would cause a significant loss to the City's
history and environment.
21.03.054 Exempt Alteration(s): Activities that do not require a City building permit and/or
work that requires a building permit but that does not have potential to impair the Historic
Significance of the Historical Resource including:
A. Plumbing improvements or repairs;
B. Electrical improvements or repairs;
C. Mechanical improvements or repairs;
D. Interior improvements unless said interior features of the home are contributing elements
of the Historical Significance of a Historical Resource.
21.03.056 Expert Professional: A qualified professional that meets the Secretary of Interior's
Professional Qualification Standazds contained within 36 CFR Part 61 and is approved and listed
on the City's list of Qualified Consultants. The professional qualifications define the minimum
education and experience required to perform identification, evaluation, registration, and
treatment activities. If the City deems necessary, the City shall have the discretion to require
additional areas or levels of expertise depending on the complexity of the task and the nature of
the Historical Resource involved. (Also see the City's HPP Section 7.0- Reference Resources-
List of Qualified Consultants).
21.03.058 Expert Technical Analysis: A written report by a qualified Expert that evaluates the
potential Historical and Architectural Significance of a Resource or Contributing Resource based
upon accepted criteria and findings of fact. The Expert Technical Analysis may also identify
potential impacts to a Resource and activities or actions that would reduce those impacts to
below a level of significance. (Also see the City's HPP Section 4.0- Historic Preservation
Projects- Expert Technical Analysis Report Content).
21.03.060 Exterior Features: The architectural style, design, general arrangement, components
and features or the outer surfaces of a Resource, including, but not limited to, the kind, and
texture of the building material, the type and style of all windows, doors, lights, signs, walls,
fences, and other fixtures appurtenant to such Resource.
Ordinance No. 3196
Page 7
21.03.062 Feeliug: A Resource's expression of the aesthetic or historic sense of a particulaz
period of time. "Feeling" is one of the seven aspects of Integrity.
21.03.063 Geographic Historic Preservation District: A Historic Preservation District that
includes a finite group of Resources related to one another in Historic Context and in a clearly
distinguishable way, within a geographically definable area, which have related chazacter,
azchitectural styles, interrelationships, and physical proximity and Association. (Also see the
City's HPP Section 3.0- Historical Resources- Historic Preservation Districts).
21.03.064 Historic Context: A unit created for planning purposes that groups information about
Historical Resources based on a shazed theme, specific time period and geographical area that is
used as the basis for judging a Resource's Historical Significance and its Eligibility for listing.
(Also see Theme). (Also see the City's HPP Section 1.0- Preface and Acknowledgments-
Historic Contexts and Appendix- National Register Bulletinl5: How to Apply the National
Register Criteria for Evaluation, Section V. Understanding Historic Contexts).
21.03.066 Historical Landscape: Publicly owned landscape(s) or tree(s), either designed or
vernacular, that have been determined to be an Eligible Historical Resource or a Historical
Resource pursuant to Chula Vista Municipal Code §21.04.100. (Also see Cultural Landscapes).
21.03.067 Historic Preservation Fund: A fund earmazked for preservation activities that meet
the purposes of this chapter.
21.03.068 Historic Preservation District (HPD): A concentration, linkage, or continuity of
sites, buildings, structures, or objects united by azchitecture or historical plan, physical
development, or theme. There are two types of HPD's: geographic and thematic. (Also see
Geographic Historic Preservation District and Thematic Historic Preservation District) (Also see
the City's HPP Section 3.0 Historical Resources- Historic Preservation Districts).
21.03.069- Historic Preservation Modifying District- (See Modifying District)
21.03.070 Historic Preservation Program (HPP): A reference resource and procedural guide
for historic preservation in Chula Vista, which may be amended, and which is comprised of the
application forms, guidelines and procedures that will:
1. Meet the requirements for Certified Local Government status; and
2. Align with the policies of the General Plan; and
3. Implement the City's Historic Preservation Ordinance.
21.03.074 Historical Resource: Any Eligible Historical Resource, or any Resource that is
designated on the Chula Vista Register of Historical Resources (Local Register), the California
Register of Historical Resources, or the National Register of Historic Places. (Also see Eligible
Resource).
21.03.075 Historical Resource Survey: A systematic, detailed examination of an area designed
to gather information about historic properties pursuant Chula Vista Municipal Code Chapter
21.04. The information and analysis shall be contained within State prescribed forms for
recording Historical Resources, currently referred to as the Departrnent of Parks and Recreation
(DPR) 523 Series Form, as may be amended from time to time, and shall conform to the State
Historic Preservation Guidelines for recording Historical Resources as made a part of the City's
HPP. (Also see Inventory and the City's HPP Section 3.0 Historical Resources- Historical
Resource Surveys).
Ordinance No. 3196
Page 8
21.03.076 Historical Significance: The importance for which a Resource has been evaluated
within a Historic Context and found to meet local, state or national criteria. (Also see Character
Defining Feature and the City's HPP Appendix- National Register Bulletin I S- How to Apply the
National Register Criteria for Evaluation Section VI. How to Identify the Type of Significance of
a Property).
21.03.078 Identification: The process through which information is gathered about Historical
Resources.
21.03.080 Important Person: An individual who has made significant contributions on a local,
regional, state or national level, including but not limited to, history, azchitecture, azchaeology,
engineering, and/or culture.
21.03.082 Incentives: Preservation incentives that include, but may not be limited to: Federal
Rehabilitation Tax Credits, Mills Act Agreements and permit streamlining. (Also see the City's
HPP Section 6.0- Incentives and Benefits).
21.03.084 Integrity: The authenticity of a Resource's historic identity, evidenced by the survival
of physical chazacteristics that existed during the Resource's historic or prehistoric period.
Within the concept of Integrity there are seven recognized aspects or qualities that in various
combinations, define Integrity. The seven aspects of Integrity are Location, Design, Setting,
Materials, Workmanship, Feeling, and Association. (Also see the City's HPP Appendix-
Nadonal Register Bulletin I5: How to Apply the National Register Criteria for Evaluation
Section VIII. How to Evaluate the Integrity of a Property Historical Resource).
21.03.085 Inventory: A list of Historical Resources determined to meet specified criteria of
Significance. (Also see Historical Resources Survey).
21.03.086 Local Register: A list of the City's designated Historical Resources. (Also see Chula
Vista Register of Historical Resources and the City's HPP Appendix- Local Register of
Historical Resources).
21.03.088 Location: The place where the Historical Resource was constructed or the place
where the historic event occurred. "Location" is one of the seven aspects of Integrity.
21.03.090 Major Alteration: Those Alterations that are not exempt or do not qualify as Minor
Alterations which include, but may not be limited to:
A. Demolition (Chula Vista Municipal Code §21.03.036);
B. Installation or alteration of windows, doors, or other historical features where the original
opening is proposed to be enlazged, reduced or altered. (Also see the City's HPP
Appendix- National Park Service Preservation Brief 09 The Repair of Historic
Windows.);
C. Removal of Historical Landscapes;
D. Additions to a structure or site that exceed 499 squaze feet;
E. New construction, exterior remodels that require a Major COA, or additions that exceed
499 squaze feet within a Historic Preservation District;
Ordinance No. 3196
Page 9
F. Relocation (Chula Vista Municipal Code §21.03.113);
G. Reconstruction (Chula Vista Municipal Code §21.03.110).
(Also see the City's HPP Section 4.0- Historic Preservation Projects--Certifcate of
Appropriateness and Appendix- National Park Servdce Preservation Brief 1~ New Exterior
Additions to Historic Buildings: Preservation Concerns).
21.03.092 Materials: The physical elements that were combined, used, or deposited during a
particular period of time and in a particular pattern or configuration to form a Historical
Resource. "Materials" is one of the seven aspects of Integrity.
21.03.094 Minor Alteration: Alterations that require a building permit but do not affect the
Historical Significance of the Historical Resource, such as:
A. The installation of exterior features such as awnings, roofs, and gazage doors.
B. Installation or alteration of windows, doors or other historical features where the original
opening will not be enlarged, reduced or altered.
C. Additions that are greater than 144 square feet and less than 499 square feet.
(Also see City's HPP Section 4.0- Historic Preservation Projects- Certificate of Appropriateness
and Appendix- National Park Service Preservation Brief 14: New Exterior Additions to Historic
Buildings: Preservation Concerns).
21.03.095 Modifying District: For purposes of this ordinance, a Historic Preservation (HP)
Modifying District may be applied only to properties within Historic Preservation District(s)
(HPD) to permit special regulations where appropriate or necessary in addition to or in lieu of the
development regulations otherwise set forth in the underlying zoning. (Also see the City's HPP -
Section 5.0- Design Guidelines- Historic Preservation Modifying Districts).
21.03.096 Non-Contributing Resource: A Resource within the boundaries of a proposed or
designated Historic Preservation District which does not contribute to or physically convey the
Historical Significance of a proposed or designated Historic Preservation District. These
Resources may or may not be limited to, those Resources less than 45 years old, properties older
than 45 years old that have been significantly altered, or properties not associated with the Period
of Significance or Historic Context of the proposed or designated Historic Preservation District.
21.03.100 Object: The term "object" is used to distinguish from buildings and structures those
constructions that are primarily artistic in nature or aze relatively small in scale and simply
constructed. Although it may be, by nature or design, movable, an object is associated with a
specific setting or environment. Objects should be in a setting appropriate to their significant
historic use, roles, or character. Examples of objects include boundary mazkers, fountains,
monuments, statuary, sculptures, and mileposts.
21.03.102 Period of Significance: The span of time in which a Resource attained Historical
Significance. (Also see the City's HPP Section 1.0- Preface and Acknowledgements- Periods of
Significance).
Ordinance No. 3196
Page 10
21.03.104 Potential Historical Resource: Any Resource 45 years or older that may meet the
findings of fact and criteria established in Chula Vista Municipal Code §21.04.100.
21.03.106 Preservation: Preservation is one of the four treatment options specified in The
Secretary of the Interior's Standards for the Treatments of Historic Properties and is defined by
the Secretazy of the Interior (SOI) as the act or process of applying measures necessary to sustain
the existing form, Integrity, and materials of a Historical Resource. Work, including preliminazy
measures to protect and stabilize the Resource, generally focuses upon the ongoing maintenance
and repair of historic materials and features rather than extensive replacement and new
construction. (Also see the City's HPP Section 5.0-Design Guidelines- Secretary of the Interior
Standards and Appendix- Preservation Standards).
21.03.108 Qualified Historical Resource: Any building, site, structure, object, district or
collection of structures, and their associated sites, deemed of importance to the history,
azchitecture or culture of an area by an appropriate local, state or federal governmental agency.
(Also see California Health and Safety Code, Division 13, Pazt 2.7, Sections 18950-18961 and
the City's HPP Appendix- California's State Historical Building Code).
21.03.110 Reconstruction: Reconstruction is one of the four treatment options specified in The
Secretary of the Interior's Standards for the Treatments of Historic Properties and is defined by
the Secretazy of the Interior as the act or process of depicting, by means of new construction, the
form, features, and detailing of a site, landscape, building, structure, or object that no longer
exists for the purpose of replicating its appearance at a specific period of time and in its historic
location. (Also see the City's HPP Section 5.0- Design Guidelines- Secretary of the Interior
Standards and Appendix- Preservation Standards).
21.03.112 Rehabilitation: Rehabilitation is one of the four treatment options specified in The
Secretary of the Interior's Standards for the Treatments of Historic Properties and is defined by
the Secretary of the Interior as the act or process of making possible a compatible use for a
Resource through repair, alterations, and additions while preserving those portions or features,
which convey its historical, cultural, or architectural values (Also see the City's HPP- Design
Guidelines Section- Secretary of the Interior Standards).
21.03.113 Relocation: Moving a Historical Resource from its original location. (Also see the
City's HPP- Design Guidelines Section- Relocation Guidelines).
21.03.114 Resource: Any building, structure, object, site, archaeological site, sign or landscape,
district or Contributing Resource.
21.03.116 Restoration: Restoration is one of the four treatment options specified in The
Secretary of the Interior's Standards for the Treatments of Historic Properties and is defined by
the Secretazy of the Interior as the act or process of accurately depicting the form, features, and
character of a Resource as it appeared at a particulaz period of time by means of the removal of
features from other periods in its history and reconstruction of missing features from the
restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing
systems and other code-required work to make properties functional is appropriate within a
restoration project. (Also see the City's HPP- Design Guidelines Section- Secretary of the
Interior Standards).
Ordinance No. 3196
Page I1
21.03.118 (The) Secretary of the Interior (SOT): Appointed government official that serves as
the head of the United States Interior Department and who is responsible for establishing
standazds for all programs under Departmental authority and for advising Federal agencies on the
preservation of historic properties listed in or eligible for listing in the National Register of
Historic Places.
21.03.120 (The) Secretary of the Interior Standards and Guidelines (SOPS):
Professionally accepted standards used for the treatment of Historical Resources. These
standazds and guidelines assist in determining appropriate Preservation, Rehabilitation,
Restoration and Reconstruction activity. (Also see the City's HPP Section 5.0- Design
Guidelines- Secretary of the Interior Standards).
21.03.122 Setting: The physical environment of a Historical Resource. Setting refers to the
character of the place in which the Historical Resource played its historical role. "Setting" is one
of the seven aspects of Integrity.
21.03.124 Signi£cance: The importance of a Historical Resource based upon its relationship to a
Historic Context and local, state, regional or national eligibility criteria.
21.03.125 Significant: A Resource that has been determined to be important based upon its
Historic Context and local, state, regional or national eligibility criteria.
21.03.126 Site: A "site" is the location of a significant event, a prehistoric or a historic
occupation or activity, or a building or structure, whether standing, ruined, or vanished, where
the location itself possesses historic, cultural, or archaeological value regardless of the value of
any existing structure.
21.03.128 State Historic Building Code: California Health and Safety Code §§ 18950, et seq.
and a regulation of Part 8 of the Title 24, of the California Code of Regulations. (Also see
California's State Historical Building Code).
21.03.130 Structure: Those functional constructions made usually for the purposes other than
creating human shelter. Examples of structures include, but are not limited to bridges, aircraft,
fences and walls, lighthouse, water tank house, brood house, automobile, trolley car, tunnel,
windmill, bandstand, apiary, and greenhouse.
21.03.131 Thematic Historic Preservation District: A Historic Preservation District that
includes Resources related to one another in a clearly distinguishable way by a common theme
related to Historic Context, architectural style, development period, or other characteristics,
where visual continuity is not significant and sites are not necessarily located within a
geographically definable azea.
21.03.132 Theme: A trend or pattern in history or prehistory relating to a particular aspect of
cultural development, such as citrus farming. A Theme is related to a Historic Context. (Also
see Historic Context).
21.03.134 Workmanship: The physical evidence of the crafts of a particular culture or people
during any period in history or prehistory. "Workmanship" is one of the seven aspects of
Integrity.
Ordinance No. 3196
Page 12
21.03.135: Zoning Administrator (ZA): Chula Vista Municipal Code §19.14.020 creates a
Zoning Administrator who shall be the Director of Development Services or his authorized
designee. The Zoning Administrator may relieve the Historic Preservation Commission of
certain routine functions.
21.04 IDENTIFICATION AND DESIGNATION OF HISTORICAL RESOURCES
21.04.010: Historical Resource Surveys (Survey)
Understanding, identifying, evaluating, and protecting those Resources, which give Chula Vista
its individual character and sense of place aze important tools in the protection and preservation
of Historical Resources. Historical Resource Surveys shall be utilized as informational tools by
the City of Chula Vista and shall not require owner consent. Surveys may be used by the City of
Chula Vista, other municipal departments or agencies, and members of the public for
preservation purposes, designation consideration and/or as part of project analysis. Conduct of
surveys shall follow the State guidelines for recording historical resources as may be amended
from time to time. (Also see the City's HPP Section 3.0- Historical Resources- Historical
Resource Surveys and Appendix- National Register Bulletin 24- Guidelines for Local Survey).
21.04.020: Survey Forms
All evaluations and recordation of Resources shall be made on a form prescribed by the State
Historic Preservation Office currently referred to as Department of Pazks and Recreation (DPR)
523 Series Form and as may be amended from time to time. The information and analysis
contained within the DPR forms shall conform to the State Historic Preservation guidelines for
recording Historical Resources. (Also see the City's HPP Appendix- Instructions for Recording
Historical Resources).
21.04.030 Chula Vista Register of Historical Resources
Buildings, structures, objects, sites, signs, landscapes, archaeological sites, Historic Preservation
Districts, or Contributing Resources determined historically or azchitecturally Significant and
designated by the City of Chula Vista Historic Preservation Commission shall be compiled on a
comprehensive list officially known as the City of Chula Vista Register of Historical Resources
and herein shall commonly be referred to as the Local Register. (Also see the City's HPP
Appendix- Local Register of Historical Resources).
21.04.040 Historical Resources to be Included in the Local Register
The following Resources shall be included in the Local Register:
A. Those properties previously designated prior to the effective date of this ordinance;
B. Those properties designated by the HPC or Council;
C. Any Chula Vista Resource listed as a National Historic Landmark;
D. Any Chula Vista Resource listed on the National Register of Historic Places;
E. Any Chula Vista Resource listed on the California Register of Historical Resources by
the California State Historical Resources Commission.
21.04.050 Local Register Maintenance and Distribution
The Zoning Administrator shall ensure that the Register is maintained, updated & distributed
pursuant to the guidelines established in the Chula Vista HPP.
Ordinance No. 3196
Page 13
21.04.060 Designation -Authority
Upon a recommendation of the Zoning Administrator, the Historic Preservation Commission
shall have authority to approve or deny applications for historical designation, excluding
designation of Exceptional Historical Resources and publicly owned historical resources which
shall require Council approval. All Resources that are approved for designation shall be listed on
the Local Register.
21.04.070 Designation-Owner Consent -Required
A Resource shall not be designated without property owner consent unless said designation is
undertaken by the Council pursuant to Chula Vista Municipal Code §21.04.080. Owners of
properties, which may qualify as a Contributing Resource to a designated HPD may pursue
individual designation without the consent of other property owners within the boundazies of the
designated HPD pursuant to Chula Vista Municipal Code §21.04.090.
21.04.080 Designation-Owner Consent Not Required; Exceptional Historical Resource
In exceptional circumstances, the HPC may recommend that the Council designate a Resource
without owner consent pursuant to Chula Vista Municipal Code 21.04.100 (2) (A-C).
21.04.090 Historical Designation-Application, Requirements and Procedures
1. Applications and Submittal Requirements
All applications for designation, including Exceptional Historical Resources, shall be made to
the Zoning Administrator in writing on a form prescribed by the City's HPP and shall be
accompanied by sufficient information to determine that a Resource meets the Criteria and
findings of fact for designation pursuant to Chula Vista Municipal Code §21.04.100.
Designation applications may run concurrent with other permit applications however the
designation shall be acted upon prior to consideration of any discretionary permits. (Also see
City's HPP Section3.0- Historical Resources- Designation Procedural Guide).
A. Owner Applicant
A property owner, or authorized agent of the property owner, may seek historical
designation without the assistance of an Expert unless the City, at its discretion, determines
that an Expert Technical Analysis is necessazy to provide sufficient information on the
Historical Significance of the Resource.
B. Non-Owner Applications (Exceptional Historical Resource)
i. Applicants that apply for an Exceptional Resource Designation shall pay all Fees and
costs associated with the designation of the Exceptional Historical Resource including
but not limited to staff time, Expert Technical Analysis or Expert review of
documentation.
ii. An application for an Exceptional Resource Designation may be initiated in any of
the following three ways:
a. By a minimum often (10) City residents (with verifiable signatures); or
b. Through an HPC recommendation to Council; or
c. By a majority vote of Council.
C. Publicly Owned Resources- Council Approval Required
i. Shall require the same application submittal requirements of Chula Vista Municipal
Code §21.04.090 and findings of fact and Eligibility Criteria of Chula Vista
Municipal Code §21.04.100 (1) (A) and (B).
Ordinance No. 3196
Page 14
ii. Shall require a recommendation from the HPC and Council approval.
iii. An application for designation of publicly owned Historical Resources and Historical
Landscapes may be initiated in any of the following three ways:
a. By any interested citizen who resides in the City of Chula Vista; or
b. Through an HPC recommendation to Council; or
c. By a majority vote of Council.
2. Procedures for Historical Designation Consideration
A. The application review shall follow the City's Development Services Department review
process for discretionary permits.
B. Upon determination of completeness, the Zoning Administrator shall prepare, in the form
of a staff report, a brief discussion of the Resource as presented in the submitted
documentation and shall include recommendations to the HPC to either designate or not
designate under the findings of fact and eligibility Criteria set forth in Chula Vista
Municipal Code §21.04.100.
C. The Zoning Administrator shall schedule the application for consideration and give
notice thereof to the applicant and to other interested persons. A public hearing shall be
held to review the evidence as presented in order to determine if the Resource meets the
criteria for designation pursuant to Chula Vista Municipal Code §21.04.100.
D. If a Resource is designated, the property owner or applicant shall be required to record
the HPC resolution of designation with the County Assessor's office within 10 business
days after the appeal period of said designation.
3. Denial or Delay of Decision
A. The City shall have the authority to delay consideration of a Resource for up to 90 days
as part of a request of the applicant for additional information on the subject Resource
proposed for designation. If the requested information is not provided within 90 calendar
days, the application will be closed pursuant to CVMC §19.14.700.
B. If an application is closed pursuant to Chula Vista Municipal Code §21.04.090 (3) (A), or
a designation request is denied as a result of the Resource not meeting the findings of fact
or eligibility Criteria set forth in Chula Vista Municipal Code §21.04.100, the City shall
provide a written explanation for the denial within 10 business days of the decision.
C. The applicant may, under a new application and required fees, submit for designation
reconsideration of any Resource, which has previously been denied, if new information is
presented to support a statement of historical significance for the Resource.
4. Anneals
All appeals shall be processed pursuant to Chula Vista Municipal Code §21.12.030.
21.04.100 Historical Designation- Findings of Fact and Eligibility Criteria
1. Designation of Historical Resources, excluding Exceptional Historical Resources, by the HPC
may occur when the following findings of fact are made:
Ordinance No. 3196
Page 15
A. A Resource is at least 45 yeazs old; and
B. A Resource possesses historical Integrity defined under Chula Vista Municipal Code
§21.03.084 and the Resource is determined to have historical significance by meeting at
least one of the following criteria:
Criterion L• It is associated with an event that is important to prehistory or history on a
national, state, regional, or local level.
Criterion 2: It is associated with a person or persons that have made significant
contributions to prehistory or history on a national, state or local level.
Criterion 3: It embodies that distinctive characteristics of a style, type, period, or method
of construction, or represents the work of a master or important, creative
individual, and/or possesses high aztistic values.
Criterion 4: It is an outstanding example of a publicly owned Historical Landscape, that
represents the work of a master landscape azchitect, horticulturalist, or
landscape designer, or a publicly owned Historical Landscape that has
potential to provide important information to the further study of landscape
azchitecture or history.
Criterion 5: It has yielded, or may be likely to yield information important in prehistory
or the history of Chula Vista, the state, region, or nation.
2. Designation of an Exceptional Historical Resource may be considered only if:
A. The HPC considers and makes a recommendation to Council; and
B. It has been demonstrated through Expert Technical Analysis and verifiable evidence that
all of the following findings of fact aze made:
i. The Resource meets criteria and the findings of fact for designation found in
Chula Vista Municipal Code §21.04.100 (1) (A and B); and
ii. The Resource is the best representative sample of its kind or the last of its kind;
and
iii. The Resource is an exceptionally important component of the City's history and
loss or impairment of the Resource would be detrimental to the City's heritage;
and
C. 4/Sths vote of the Council vote to designate the Resource as an Exceptional Historical
Resource.
21.05 DELISTING OF HISTORICAL RESOURCES
21.05.010 Historical Resource Delisting- Authority
Upon recommendation of the HPC, the Council shall consider the delisting of any Historical
Resource that was previously designated.
Ordinance No. 3196
Page 16
21.05.020 Historical Resource Delisting- Owner Consent Not Required
Owner consent shall not be required for delisting a Resource. Notwithstanding any other
provision of the Municipal Code, if a Mills Act Agreement (Cal. Gov. Code §§50280, et seg.)
exists for the Resource on the subject property, delisting of the Resource may only occur in
accordance with the Cancellation provisions of the subject Mills Act Agreement.
21.05.030 Historical Resource Delisting-Application, Requirements, and Procedures
A request for delisting may be initiated in any of the following three ways:
1. By the property owner of record; or
2. By a recommendation of the HPC to Council; or
3. By a majority of the Council.
Delisting of a Historical Resource shall follow the same procedures as those set forth in Chula
Vista Municipal Code §21.04.090 (].), (2.), (3.), and (4). Delisting applications may run
concurrent with other permit applications however no discretionary decision shall be rendered
prior to a delisting determination. (Also see City's HPP Section 3.0- Historical Resources-
Delisting aHistorical Resource.)
21.05.040 Historical Resource Delisting- Findings of Fact
Delisting of a Historical Resource shall be discouraged unless it is substantiated through an
Expert Technical Analysis that one or more of the following findings of fact exist:
1. New evidence provided demonstrates that previously identified historical significance of the
Historical Resource has been reduced or no longer exists such that the Resource no longer
meets the eligibility Criteria; or
2. The Resource was designated inaccurately based on incorrect information; or
3. The Integrity of the Historical Resource or the Resource itself has been greatly diminished
such that it no longer physically conveys its identified historical significance resultant from
extensive unintentional damage, fire, flood, or natural disaster.
4. If one, or more, of the findings of fact exist Council may:
A. Delist the Resource; or
B. Maintain the previous designation assigned by the HPC or Council; or
C. Delay a decision for up to 90 days in order to obtain additional information regarding the
request to delist the Historical Resource.
21.05.050 Historical Resource Delisting- Factors That Shall Not be Considered
When considering a request to delist a previous Historical Resource designation, the following
factors shall not be considered to guide or inform a decision:
1. Property maintenance costs associated with minimum code compliance activities for
buildings and structures.
2. Costs associated with deferred maintenance by the recorded property owner or by a previous
property owner.
3. Costs associated with bringing the designated Resource into conformance with adopted City
codes.
4. Costs associated with proposed improvements of the site.
Ordinance No. 3196
Page 17
21.05.060 Historical Resource Delisting- Fines and Penalties
If a Historical Resource is recommended for delisting, the Zoning Administrator and the HPC
shall include recommendations for recovery of costs associated with historic preservation
incentives and benefits (i.e. financial, development or zoning) provided to the current or previous
property owner(s). The recommendation(s) may include the following:
1. The owner of record may be subject to fines and penalties by the City, which may equate up
to 100% recovery of any financial benefits and incentives received from the City as part of
the original listing including but not limited to the Mills Act Property Tax Abatement,
reduction of permit fees, waiver of permit fees, issuance of a variance due to the historical
status of the Resource, or reduction of pazking or other local standards or requirements.
2. If it is determined that the historical significance of a Resource has been reduced or lost as a
result of the actions of the property owner, fines and penalties may be imposed upon the
owner equal to the amount necessary to restore or rehabilitate the previously identified
historical significance of the Resource and other applicable fines and penalties pursuant to
Chula Vista Municipal Code §21.08.050 (A)(1-2) and Chula Vista Municipal Code
§21.11.010 (1-3).
3. If it is found that the cause for delisting is at no fault of the current property owner then the
ZA and HPC may make a recommendation to waive any applicable fines and penalties.
4. Notwithstanding the foregoing, if a Mills Act Agreement (Cal. Gov. Code §§50280, et seq.)
exists for the Resource on the subject property, any fines and penalties shall be in accordance
with the Cancellation provisions of the subject Mills Act Agreement.
21.05.070 Delisting- Appeals
All appeals shall be processed pursuant to Chula Vista Municipal Code §21.12.030.
21.06 HISTORIC PRESERVATION DISTRICTS- HPD'S
Groupings of Historical Resources may qualify for designation as either a Geographical Historic
Preservation District (GHD) or a Thematic Historic Preservation District (THD). (Also see the
City's HPP Section 3.0 Historical Resources- Historic Preservation Districts).
21.06.010 Historic Preservation District- Purpose
To identify, designate, and preserve existing neighborhoods and Resources grouped either
geographically or thematically as defined in Chula Vista Municipal Code §21.03.063 and
§21.03.131
21.06.020 Historic Preservation Districts- Authority
Upon recommendation of the HPC, the Council shall consider the designation of either a GHD or
THD.
21.06.030: Historic Preservation District- Owner Consent Required
1. GHD- Owner Consent
For the designation of a GHD owner consent shall be required by seventy five percent (75%) of
all property owners within the proposed GHD boundazy.
Ordinance No. 3196
Page 18
2. THD- Owner Consent
For the designation of a THD, owner consent is required for each of the individual properties
being applied for designation as Contributors to the district, and a minimum of ten (10)
Contributors shall be required to be considered for a THD.
21.06.040 Historic Preservation District- Application, Requirements and Procedures
1. Application and Submittal Reauirements
Applications for HPD's shall be made to the Zoning Administrator in writing on a form
prescribed by the City's HPP. All applications shall be accompanied by the following:
A. Sufficient information to determine that an azea meets the criteria for HPD designation
pursuant to Chula Vista Municipal Code §21.06.050. fAlso see the Citv's HPP Section
3.0- Historical Resources- Historic Preservation District Procedures and Guidelines)
B. Property owners, may seek designation of a HPD without the assistance of an Expert
unless the City, at its discretion, determines that an Expert Technical Analysis is
necessary to provide sufficient information on the Historical Significance of the HPD.
C. GHD's - To be considered for a GHD:
i. A City .approved form bearing notarized signatures of support by owners of
seventy five percent (75%) of the pazcels within the proposed GHD and an
address list of all Contributing and Non-Contributing Resources within the
proposed GHD, including any vacantpazcels shall be submitted to the City.
ii. Public participation and education of the proposed GHD shall be required. (See
the City's HPP Historical Resources Section- Historic Preservation District
Procedures and Guidelines).
D. THD's -
To be considered for a THD, an approved form bearing notarized signatures of all
properties proposed to be included within the THD shall be submitted to the City. A
minimum of 10 individual properties shall be required to be considered for a THD
designation.
E. A fee pursuant to Chula Vista Municipal Code §21.12.020.
F. A written statement that establishes the proposed HPD's Significance. (See the City's
HPP -Historical Resources Section -National Register Bulletin Guidelines "Evaluating
and Nominating Properties VIII Properties Within Historic Districts").
G. A DPR form, for all Contributing Resources within the proposed HPD, that includes a
map and description of the proposed district, including boundaries and location of
Contributing and Non-Contributing Resources, the age, setting, and character of the area,
significant individual Resources within the proposed HPD, urban design and streetscape
features as well as any other notable visual features of the proposed Historic Preservation
District.
Ordinance No. 3196
Page 19
H. Design Guidelines for proposed Historic Preservation Districts shall be adopted
concurrently with the designation of the HPD. (Also see the City's HPP- Design
Guidelines Section).
2. Procedures for HPD Consideration
A. The application review shall follow the City's Development Services Department review
process for discretionary permits.
B. Upon determination of completeness, the Zoning Administrator shall prepaze, in the form
of staff report, a brief discussion of the HPD as presented in the submitted documentation
and shall include recommendations to the HPC and Council to either designate or not
designated under the findings of fact and eligibility Criteria set forth in Chula Vista
Municipal Code §21.06.050.
C. The Zoning Administrator shall schedule the application for consideration by the HPC and
Council and give notice thereof to the applicant, all property owners within the proposed
HPD and to other interested persons pursuant to Chula Vista Municipal Code §21.12.010.
A public hearing shall be required to review the evidence as presented in order to
determine if the HPD meets the criteria for designation pursuant to Chula Vista
Municipal Code §21.06.050.
D. The HPC shall make a recommendation to Council for designation of all proposed HPD's
pursuant to the findings of fact and Eligibility Criteria of Chula Vista Municipal Code
§21.06.050.
3 Denial or Delav of Decision
A. The City shall have the authority to delay consideration of a HPD for up to 90 days as
part of a request of the applicant for additional information on the subject HPD proposed
for designation. If the requested information is not provided within 90 calendar days, the
application will be closed pursuant to CVMC § 19.14.700.
B. If an application is closed pursuant to Chula Vista Municipal Code §21.06.040 (3) (A), or
a designation request is denied as a result of the HPD not meeting the findings of fact or
eligibility Criteria set forth in Chula Vista Municipal Code §21.06.050, the City shall
provide a written explanation for the denial within 10 business days of the decision.
C. The applicants may, under a new application and required fees, submit for designation
reconsideration of any HPD, which has previously been denied, if new information is
presented to support a statement of historical significance for the HPD.
4. Anpeals
All appeals shall be processed pursuant to Chula Vista Municipal Code §21.12.030.
21.06.050 Historic Preservation District -Findings of Fact and Eligibility Criteria
Designation of a HPD may occur when all of the following findings of fact aze made and it is
found that one or more of the established HPD eligibility Criteria, as set forth below, applies:
Ordinance No. 3196
Page 20
1. HPD Findings of Fact:
A. That the proposed HPD has significant azchitectural or historical chazacter or cultural
value; and
B. That the proposed HPD will preserve and enhance the collective Integrity of the
Contributing Resources; and
D. GHD's only:
There aze at least sixty percent (60%) of the individual properties within the boundaries
of the proposed GHD that are Contributing Resources which possess chazacter, interest,
or value as part of the heritage of the City and aze found to meet one or more of the
established criteria as set forth in Chula Vista Municipal Code §21.060.050(2).
E. THD's only:
All properties within the proposed THD possess chazacter, interest, and value Citywide
and collectively are found to meet one or more of the established criteria as set forth in
Chula Vista Municipal Code §21.060.050(2).
2. HPD Eligibility Criteria:
Criterion 1: The proposed Historic Preservation District is identified with an event, person,
or group that contributed significantly to the City's prehistory or history.
Criterion 2: Buildings, structures, objects, sites, signs or landscape elements within the
proposed Historic Preservation District exemplify a particular architectural
style, way of life, or period of development in the City.
Criterion 3: Buildings or structures within the proposed Historic Preservation District aze the
best remaining examples of an architectural style, or are verified as having been
designed or constructed by a master azchitect, designer or builder, and retain
Integrity.
21.06.070 Historic Preservation Modifying District (HP Modifying District)
CVMC §19.56.010 and §19.56.300 establish HP Modifying Districts to permit special zoning
regulations within designated Historic Preservation Districts. (Also see the City's HPP Section
5.0- Design Guidelines- Historic Preservation Modifying Districts).
21.06.080 Historic Preservation Modifying District- Purpose
To allow for the establishment of modified development standazds from those otherwise
applicable by the underlying zoning, where such modifications would protect and preserve the
Historical Signicance and historic Integrity of an HPD.
21.06.090 Historic Preservation Modifying District- Authority
HP Modifying District applications shall require a recommendation from both the HPC and
Planning Commission with final consideration by the Council.
21.06.100 Historic Preservation Modifying District- Application, Requirements and
Procedures
Ordinance No. 3196
Page 21
1. Application and Submission Requirements
A separate application, on a form prescribed by the Citys HPP, for a Historic Preservation
(HP) Modifying District shall be required to permit special regulations to designated HPD's
and may be filed:
A. Concurrent with an HPD application; or
B. Subsequent to formation of an HPD, through an application with notarized signatures of
75% of property owners within the designated HPD or initiated by the City.
2. Procedures for HP Modifyine District Consideration
A. The application review shall follow the City's Development Services Department review
process for discretionary permits.
B. Upon determination of completeness, the Zoning Administrator shall prepare, in the form
of staff report, a brief discussion of the proposed HP Modifying District as presented in
the submitted documentation and shall include recommendations to the HPC and
Planning Commission to recommend to Council to either approve or not approve the HP
Modifying District under the findings of fact set forth in Chula Vista Municipal Code
§21.06.110.
C. The Zoning Administrator shall schedule the application for consideration by the HPC,
Planning Commission, and Council and give notice thereof to the applicant and to other
interested persons. A public hearing shall be required to review the evidence as presented
in order to determine if the proposed HP Modifying District meets the findings of fact
pursuant to Chula Vista Municipal Code §21.06.110.
3. Denial or Delay of Decision
A. The City shall have the authority to delay consideration of a Historic Preservation
Modifying District for up to 90 days as part of a request of the applicant for additional
information on the subject Historic Preservation Modifying District. If the requested
information is not provided within 90 calendar days, the application will be closed
pursuant to CVMC §19.14.700.
B. If an application is closed pursuant to Chula Vista Municipal Code §21.06.100 (3) (A), or
a Historic Preservation Modifying District request is denied as a result of the Historic
Preservation Modifying District not meeting the findings of fact set forth in Chula Vista
Municipal Code §21.06.110, the City shall provide a written explanation for the denial
within 10 business days of the decision.
C. Applicants may, under a new application and required fees, submit for reconsideration of
any Historic Preservation Modifying District, which has previously been denied, if new
information is presented to support the request.
21.06.110 Historic Preservation Modifying District- Findings of Fact
Council, upon recommendation of the HPC and the Planning Commission, may approve the HP
Modifying District if it finds that all of the following findings of fact exist:
Ordinance No. 3196
Page 22
1. The subject HPD is unique by virtue of Historical Significance and therefore requires special
handling of development.
2. The underlying zone regulations do not allow the property owners and/or the City
appropriate control or flexibility needed to preserve the historic chazacter of the HPD.
3. The establishment of the Modifying District will help preserve the Historical Significance of a
HPD.
4. The HP Modifying District is necessary and will help to enhance and protect the public
convenience, health, safety and general welfaze.
21.07 ALTERATIONS TO HISTORICAL RESOURCES
No person shall make Minor or Major Alterations to a Historical Resource without first obtaining
the appropriate Certificate of Appropriateness (COA) approvals pursuant to Chula Vista
Municipal Code §21.07.070 and §21.07.080. (Also see the City's HPP Section 4.0 -Historic
Preservation Projects- Certificate of Appropriateness).
21.07.020 Alterations to Historical Resources- Potential Historical Resource Eligibility
Determiuatiou Required
Building permits that propose Alteration of any Potential Historical Resource shall require an
Eligibility Determination. (Also see the City's HPP Section 4.0- Historic Preservation Projects-
Historical Resource Eligibility Determination.)
1. The Zoning Administrator shall determine the Eligibility of a Historical Resource from the
City's HPP, surveys, historical databases, and other information available to the City; or
2. If the Zoning Administrator is unable to determine the Eligibility of a Potential Historical
Resource from available information, the Zoning Administrator shall have the authority to
require an applicant to provide further documentation on the Potential Historical Resource as
necessazy to make the determination.
3. If Potential Historical Resources aze determined to not be Historical Resources pursuant to
criteria found in Chula Vista Municipal Code §21.04.100 or are determined to not be a
Contributing Resource as defined in Chula Vista Municipal Code §21.03.028, then no farther
review will be required.
4. Potential Historical Resources determined to be Eligible Historical Resources shall be
required to obtain a Certificate of Appropriateness pursuant to the provisions of CVMC
§21.07.070 or §21.07.080.
21.07.030Alterations to Historical Resources- Certificate of Appropriateness (COA)
Not Required
The following shall not require a COA:
1. Alterations to Resources determined not to be Historical Resources pursuant to Chula Vista
Municipal Code §21.07.020. (Also see the City's HPP Historic Preservation Projects
Section- Determination of Eligibility).
2. Activities that are exempt from City building permits and Exempt Alterations as defined in
Chula Vista Municipal Code §21.03.054.
21.07.040 Alterations to Historical Resource- Certificate of Appropriateuess Required
A COA shall be required, if it is determined that the proposed Alteration will impact a Historical
Resource and shall follow the requirements and procedures set forth in Chula Vista Municipal
Code §21.07.070 or §21.07.080. (Also see the City's HPP Section 4.0- Historic Preservation
Projects- Certificate of Appropriateness).
Ordinance No. 3196
Page 23
.21.07.050 Alterations to Historical Resources- California's State Historical Building Code
Owners of Historical Resources may utilize the State Historical Building Code (SHBC) for
Alterations, repairs or additions to the Historical Resources subject to City approval by means of
a building permit. (Also see the City's HPP Section 5.0- Design Guidelines-California's State
Historic Building Code and Appendix- California State Historical Building Code).
21.07.060 Alterations to Historical Resources- Concurrent COA Processing
Upon approval of the Zoning Administrator, applications for COA's may run concurrent with
other discretionary permits however, no planning approvals or building permits shall be issued
prior to COA decisions, except for permits required by the Building Official to maintain or
stabilize dangerous conditions or for work that does not affect the exterior Integrity of the
building or structure, or the historical significance of the building, structure, or site, as
determined by the Zoning Administrator.
21.07.070 Minor Alteration COA- Application, Requirements and Procedures
Applications for Minor Alteration COA's shall be made to the Zoning Administrator in writing
on a form prescribed by the City's HPP. The application shall be accompanied by plans and data
sufficient to show the detail of the proposed Alteration. A fee shall accompany the application
pursuant to Chula Vista Municipal Code §21.12.020. (Also see the City's HPP Historic
Preservation Projects Section- Certificate of Appropriateness).
1. Minor COA- Zoning Administrator Approval
A. The application review shall follow the City's Development Services Department
administrative review process.
B. To substantiate an application for a Minor Alteration, the ZA shall have the discretion to
require that a property owner or authorized agent retain an Expert Professional to conduct
an Expert Technical Analysis.
2. Minor Alterations COA- Findings of Fact
Prior to issuance of a Minor COA the Zoning Administrator shall, through evidence
presented, make all of the following findings of fact:
A. That the proposed work conforms to The Secretary of the Interior's Standards for
Treatment of Historic Properties; and
B. That the proposed work is consistent with the General Plan, applicable design guidelines,
or other policies adopted by the HPC or Council; and
C. That the proposed work shall not adversely affect the exterior features of the Historical
Resource or its special chazacter, interest or value of other improvements and
surroundings, including facade, setback, roof shapes, scale, height and relationship of
material, color and texture such that the historic Integrity is diminished.
3. Minor Alterations COA- Denial or Delay of Decision
A. The Zoning Administrator shall have the authority to delay approval of a Minor
Alteration COA for up to 90 days as part of a request of the applicant for additional
information. If the requested information is not provided within 90 calendar days, the
application will be closed pursuant to CVMC §19.14.700
Ordinance No. 3196
Page 24
B. If the Zoning Administrator finds that the proposed Minor Alteration(s) does not meet
one or more of the findings of fact as listed in Chula Vista Municipal Code
§21.07.070(2), the Zoning Administrator shall deny the Minor Alteration COA
application.
4. Minor Alterations COA- Appeal
All appeals shall be processed pursuant to Chula Vista Municipal Code §21.12.030.
21.07.080 Major Alteration COA-Application, Requirements and Procedures
Applications for Major Alteration COA's shall be made to the Zoning Administrator in writing
on a form prescribed by the City's HPP. The application shall be accompanied by plans and data
sufficient to show the detail of the proposed Alteration. A fee, shall accompany the application
pursuant to Chula Vista Municipal Code §21.12.020. (Also see the City's HPP Historic
Preservation Projects Section- Certificate of Appropriateness).
1. Major Alteration COA- HPC Approval
A. The application review shall follow the City's Development Services Department review
process for discretionary permits.
B. To substantiate an application for a Major Alteration COA, the City shall have the
discretion to require that a property owner or authorized agent retain an Expert
Professional to conduct an Expert Technical Analysis.
C. The HPC shall have the authority to delay approval of a Major Alteration COA for up to
90 days as part of a request of the applicant for additional information. If the requested
information is not provided within 90 calendaz days, the application will be closed
pursuant to CVMC § 19.14.700
2. Major Alteration COA- Findings of Fact
Prior to issuance of a Major Alteration COA the HPC shall, through evidence presented,
make all of the following findings of fact:
A. That the proposed work conforms to The Secretary of the Interior's Standards for
Treatment of Historic Properties; and
B. That the proposed work is consistent with the General Plan, applicable design guidelines,
or other policies adopted by the HPC or Council; and
C. That the proposed Alteration shall not adversely affect the exterior features of the
Historical Resource or its special chazacter, interest or value of other improvements and
surroundings, including facade, setback, roof shapes, scale, height and relationship of
material, color and texture such that the historical integrity is diminished.
3. Major Alterations COA- Denial
If the HPC finds that the proposed Major Alteration(s) does not meet one or more of the
findings of facts as listed in Chula Vista Municipal Code §21.07.080(2), the HPC shall deny
the Major Alteration COA application.
4. Major Alterations COA- Appeal
All appeals shall be processed pursuant to Chula Vista Municipal Code §21.12.030.
21.08 DISCRETIONARY PROJECTS AND DEMOLITION OF HISTORICAL RESOURCES
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Page 25
21.08.010 Discretionary Projects- Historical Resource Review Required
Discretionary projects that propose Alteration, demolition or removal, of any Potential Historical
Resource or Historical Resource shall require an Eligibility Determination pursuant to Chula
Vista Municipal Code §21.07.020.
1. A COA shall be required, if it is determined that the proposed permit or project will impact a
Historical Resource and shall follow the requirements and procedures set forth in Chula Vista
Municipal Code §21.07.070 or §21.07.080; or
2. If the Resource is determined to not be a Historical Resource pursuant to criteria found in
Chula Vista Municipal Code §21.04.100, or not to be a Contributing Resource defined in
Chula Vista Municipal Code §21.03.028, then no further review will be required.
21.08.020 Discretionary Projects- Application, Requirements and Procedures.
1. If a Historical Resource exists the Zoning Administrator shall:
A. Determine if the proposal is a Minor or Major Alteration and shall process Minor and
Major Alterations pursuant to Chula Vista Municipal Code §21.07.070 or Chula Vista
Municipal Code §21.07.080; or
B. Have the discretion to require that a property owner or authorized agent retain an Expert
Professional to conduct an Expert Technical Analysis.
2. Discretionazv Projects -Findings of Fact
For discretionary projects, the City shall make the findings of fact pursuant to Chula Vista
Municipal Code §21.07.070 (2) or Chula Vista Municipal Code §21.07.080 (2), as
applicable.
21.08.030 Demolition- Historical Resource Review Required
Chula Vista Municipal Code §15.44.055 requires that demolition applications undergo an
Eligibility Determination pursuant to Chula Vista Municipal Code §21.07.020. (Also see the
City's HPP Section 4.0- Historic Preservation Projects- Demolition and Relocation of a
Historical Resource).
1. A COA shall be required if it is determined that the proposed demolition will impact a
Historical Resource and shall be processed pursuant to the procedures set forth in Chula
Vista Municipal Code §21.07.070 or §21.07.080; or
2. If the Resource is determined to not be a Historical Resource pursuant to criteria found in
Chula Vista Municipal Code §21.04.100, or not to be a Contributing Resource defined in
Chula Vista Municipal Code §21.03.028, then no further review will be required.
21.08.040 Demolition COA- Application, Requirements and Procedures
A COA to demolish any Historical Resource shall not be considered without an associated
application for a building permit for a replacement structure or an application for a project for the
Historical Resource involved.
1. Demolition -Findings of Fact
For demolition of Historical Resources, the City must first make the findings of fact to delist
the resource pursuant to Chula Vista Municipal §21.05.040.
21.08.050 Unlawful Demolition of a Historical Resource
Ordinance No. 3196
Page 26
If a Historical Resowce is unlawfully demolished without HPC approval, the City shall
pwsue all or some combination of the following penalties:
A. Injunctive relief to further the provisions of this chapter;
B. No building or development permit shall be issued for the subject pazcel of land for a
period of three years from the date the City received notification of the demolition, and in
no event shall any permit authorize futwe new construction to exceed the building square
footage, lot coverage, and use of the original structure.
C. Issuance of an administrative compliance order to stop an illegal demolition. If a
Historical Resowce is altered or demolished as a result, the City may require that the
Historical Resowce be restored according to The Secretary of the Interior's Standards for
the Treatment for Historic Properties within a timeframe specified by the City. The City
may, at its discretion, hire an Expert Professional to oversee the reconstruction project.
The property owner shall be responsible to pay the City all costs associated with
overseeing the reconstruction project and enforcement of the provisions herein.
D. Fines may be levied against the property owner of record up to $25,000 for each
violation.
2. Unlawful Demolition of a Potential Historical Resowce:
If a Potential Historical Resowce is unlawfully demolished without approval by the City, the
City may require the property owner of record to fund apost-demolition Expert Technical
Analysis to determine whether the unlawfully demolished Resowce would have been
considered eligible for designation and inclusion on the Local Register pwsuant to the
criteria specified in Chula Vista Municipal Code §21.04.100.
A. If the subject Resowce is determined to have been eligible for designation and
inclusion on the Local Register, the City may apply all or some combination of the
penalties specified in Chula Vista Municipal Code §21.08.050 (1).(A-D)
B. If the subject Resource is determined to have been ineligible for designation and
inclusion on the Local Register, the City may still enforce any other penalties specified
in the Chula Vista Municipal Code §1.20.
C. Relief from Chula Vista Municipal Code §21.08.050 (1) (A-D):
Requests for relief may be granted at the discretion of the Council, with a
recommendation from the HPC, if the applicant applies for relief and pays associated fees
and Council finds that one or more of the following facts exists:
i. The subject Resowce's Integrity had been diminished or lost because of natural or
unintended disaster and the extant portions of the subject Resource have been
found pwsuant to Chula Vista Municipal Code §21.09.030 to present a dangerous
conditions or
ii. Will cause a detriment to public health and safety; or
iii. That demolition without replacement will not result in harm to the public. Harm
to the public shall be found if the demolition of the subject Resowce:
Ordinance No. 3196
Page 27
a. Results in the loss of low-income housing stock which will not be
replaced; or
b. Is likely to result in nuisance uses of the vacant property; or
c. Has a significant adverse visual, social or economic impact on the
neighborhood.
21.09 MAINTENANCE AND REPAIR OF HISTORICAL RESOURCES
21.09.010 Minimum Maintenance & Repair
In order to prevent any physical deterioration, loss of historic Integrity and other negative
impacts to Historical Resources, the General Plan (Policy LUT 12.10) promotes the
maintenance, repair, stabilization, rehabilitation, restoration, and preservation of Historical
Resources in a manner consistent with federal and state standards.
21.09.020 Required Maintenance for Historical Resources
1. All property owners of Historical Resources shall have the responsibility to preserve and
maintain the Historical Resource, and to avoid neglect by preventing decay and deterioration.
Where necessary and feasible to protect the Historical Resource the property owner shall be
required to restore and rehabilitate the Resource, in accordance with the rules and regulations
published by the Secretary of the Interior and as amended from time to time. (Also see the
City's HPP, Design Guidelines Section- Secretary of the Interior Standards for Treatment of
Historical Properties.)
2. Owner shall maintain all buildings, structures, yards and other improvements in a manner
which does not detract from the appearance of the Historical Resource or the immediate
neighborhood. The following are prohibited, which may include but not be limited to:
A. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls
and windows;
B. Scrap lumber, junk, trash or debris;
C. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile
parts, furniture, stoves, refrigerators, cans, containers, or similar items;
D. Stagnant water or excavations, including pools or spas;
E. Any device, decoration, design, structure or vegetation which diminishes the historic
character due to its height, unsightly condition, or its inappropriate location.
F. In the case that a property owner fails to maintain a Historical Resource, or historically
significant elements thereof, the City shall have the authority to enforce conditions to
ensure that maintenance is completed to prevent any further deterioration pursuant to
Chula Vista Municipal Code §21.11.010. The property owner shall be responsible for all
costs associated with enforcement of the provisions herein.
Ordinance No. 3196
Page 28
21.09.030 Hazardous or Unsafe Conditions
Regulations established in this chapter shall not prevent Alterations, demolition, or removal of a
Historical Resource or Historical Landscape if the current conditions of said Historical Resource
or Historical Landscape results in a threat to public safety or public infrastructure or if a distinct
hazard, as defined in the California Fire Code is found to exist. Threats to public safety are to be
certified by the City's Building Official pursuant to Chula Vista Municipal Code §15.18.010 and
shall be provided in the form of a written notification to the HPC. The Director of Public Works
has such authority over Historical Landscapes pursuant to Chula Vista Municipal Code
§12.32.160 and the Fire Mazshal has authority to certify if a distinct fire hazard exists. In those
cases where the hazazdous or unsafe condition does not pose an immediate threat to public
safety, the HPC shall provide additional input on any proposed Alterations or relocation of the
subject Historical Resource. (Also see the City's HPP Section 4.0- Historic Preservation
Projects- Fire protection of Historical Resources).
21.10 INCENTIVES & BENEFITS AND EXEMPTIONS
21.10.010 Incentives & Benefits
Incentives and benefits for the protection, retention, and preservation of Historical Resources
may be pursued, implemented, offered, and advertised as available under the City of Chula Vista
HPP Section 6.0- Incentives and Benefits.
21.10.020 Historic Preservation Fund
The Council may, at its discretion, establish a Historic Preservation Fund (HPF) from outside
grant sources, private donations, fines and fees associated with unlawful demolition or
unpermitted Alterations to Historical Resources. Funds from the HPF may be made available at
the discretion of the Council, and may support future City approved preservation activities
including but not limited to Historical Resource survey projects, preparation of Expert Technical
Analysis Reports or Historical Landscape studies, building rehabilitation efforts, acquisition of
Historical Resources and other preservation activities that are found to meet the goals and
objectives of the City HPP and this ordinance. (Also see the City's HPP Section 6.0- Incentives
and Benefits- Local Incentives).
21.10.030 Economic Hardship Exemption
Consideration for an economic hazdship exemption from the required fees of this ordinance may
be requested pursuant to Chula Vista Municipal Code §3.45.010.
21.11 ENFORCEMENT & PENALTIES
21.11.010 Enforcement & Penalties
The City shall implement any necessary legal action to enforce the provisions contained in this
chapter. A violation of any provision of this chapter or failure to comply with a condition of
approval is expressly prohibited. Remedies specified under this chapter are in addition to and do
not supersede or limit Chula Vista Municipal Code §19.08.030, Chula Vista Municipal Code
§19.080.040, and Chula Vista Municipal Code §1.20 through Chula Vista Municipal Code §1.41.
The remedies provided for herein are cumulative and not exclusive. In any such action, the City
may seek as appropriate any or all of following remedies:
Ordinance No. 3196
Page 29
1. A temporary or permanent injunction.
2. Fines pursuant to Chula Vista Municipal Code §21.08.050 (1) (A-D) and (2) (A&B)
3. Assessment of the violator for the costs of any investigation, inspection or monitoring survey
that led to the establishment of the violation, and for the reasonable costs of preparing and
bringing legal action under this subsection.
21.12 NOTICE, FEES AND APPEALS
21.12.010 Notice
For actions that require an administrative consideration, notice of the time, place and purpose of
such consideration shall follow the City's Development Services Department administrative
review process.
For actions that require a public hearing, notice of the time, place and purpose of such public
hearing shall be given in the manner set forth in Chula Vista Municipal Code §19.12.070.
21.12.020 Fees
A fee, in the amount as presently designated or as may be in the future amended in the master fee
schedule, shall accompany each application under this chapter.
21.12.030 Appeals
The applicant or any other interested party may appeal the decision of the Zoning Administrator
or HPC within 10 business days after the date of the decision. The matter shall be set for public
hearing upon receipt of appeal application, which shall address in writing each of the findings for
denial on a form prescribed by the City and shall submit a fee pursuant to Chula Vista Municipal
Code §21. ] 2.020, for appeals of historic preservation matters. All appeals shall be considered by
Council.
21.13 SEYERABtLtTY
If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid
or unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall
not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or
provision of this chapter which can be given effect without the invalid portion. In adopting this
chapter, the Council affirmatively declares that it would have approved and adopted the chapter
even without any portion which may be held invalid or unenforceable.
Section IV. Effective Date
This ordinance shall take effect on the thirtieth day from and after its final adoption.
Presented by Approved as to form by
I ,
Z,~ '~
G alb rt P.E., AIC en R. oogins
Assistant i Manager/Director of Ci ey
Development Services
Ordinance No. 3196
Page 30
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 2nd day of August 2011, by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, or
ATTEST:
~~~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3196 had its first reading at a regular meeting held on the 19th day of July 2011
and its second reading and adoption at a regular meeting of said City Council held on the 2nd
day of August 2011; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
l~ ~ ~ixu.~ >~, ~~ca
Dated Donna R. Norris, CMC, City Clerk