HomeMy WebLinkAboutOrd 2011-3201ORDINANCE NO.3201
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
MUNICIPAL CODE CHAPTER 15.44 BY ADOPTING NEW
MUNICIPAL CODE SECTION 15.44.055 ENTITLED
DEMOLITION, REMOVAL OF HISTORICAL RESOURCES -
PERMIT REQUIRED -FEE
WHEREAS, in 2007, City Council directed staff to develop a Historic Preservation
Program that would protect Chula Vista's historical resources; and
WHEREAS, staff developed a Historic Preservation Program that would require a permit
to demolish historical resources; and
WHEREAS, the Historic Preservation Program also creates a process to determine
eligibility of those resources that are not yet identified as historical resources; and
WHEREAS, those resources that are determined to be eligible historical resources shall
also require a permit when proposed for demolition; and
WHEREAS, Municipal Code Section 15.44 establishes the process for moving,
relocating, or demolishing buildings in Chula Vista; and
WHEREAS, the adoption of Municipal Code Section 19.44.055 will provide consistency
with the City's Historic Preservation Program; 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 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 State CEQA Guidelines because it is requiring
monitoring by the City before any historic resource may potentially be demolished thereby
assuring the protection of historical resources in the City of Chula Vista. Thus, no further
environmental review is required.
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 State CEQA Guidelines because it
is requiring monitoring by the City before any historic resource may potentially be demolished
thereby assuring 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. 3201
Page 2
Section II. Consistency with General Plan
The City Council finds that the adoption of Municipal Code Section 15.44.055 is
consistent with the City of Chula Vista General Plan and that the proposed code section is based
on sound planning principles and practices that will provide for the protection and conservation
of historic resources. The City Council further finds that the adoption of the subject code section
allows the City to review proposed demolitions or relocations of potential historical resources
and will require a permit for the proposed demolition of historical resources. The City Council
further finds that the adoption of the subject code section will also assist the City in protecting
historical resources by establishing a review process for demolition permits.
BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does
hereby adopt Municipal Code Section 15.44.055, as follows:
Section III.
15.44.055 Demolition, removal of Historical Resource -Permit required -Fee.
Before anypotential or designated historical resource within the Citv is demolished or removed,
the person, fine or corporation doing the demolishing or removing shall first obtain a permit
from the Development Services Department. Potential historical resources shall require a
determination of elieibility_pursuant to Chula Vista Municipal Code §21.07.020 before issuance
of any permits. Eligible and designated historical resources shall require a Certificate of
ApHronriateness (COAL pursuant to Chula Vista Municipal Code §21.08.040 before issuance of
Hermits. A separate required permit fee(sl shall be charged for each separate Hazcel of land
where demolishing or removing_is taking_place.
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
Gary alb rt P.E., AICP en R. oogins
Assistant i Manager/Director of Ci orney
Developm t Services
Ordinance No. 3201
Page 3
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, M or
ATTEST:
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Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3201 had its first reading at a regulaz 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 summazy form in accordance with the
requirements of state law and the City Charter.
Dated Donna R. Norris, CMC, City Clerk