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HomeMy WebLinkAboutOrd 1974-1573 , . .. . � • � � , . �.. • • � . . . . .. ORDINANCE N0. 1573 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 1, ARTICLE 7 OF THE CHULA VISTA CITY CODE BY ADDING THERETO A NEW SECTION 1.720 ESTABLISHING A HISTORICAL SITE BOARD The City Council of the City of Chula Vista does ordain as follows: SECTION I : That Chapter 1 , Article 7 of the Chula Vista City Code be, and the same is hereby amended by adding thereto a new Section 1 .720 to read as follows : Sec. 1 . 720. Historical Site Board. A. Purpose and Intent. It is the purpose and intent of the City Council to establish the responsibility of the Environmental Control Commission to sit as a Histor- ical Site Board. The Historical Site Board is to be an advisory board to the t•layor, City Council , City Planning Commission, Park and Recreation Commission and the City Manager relating to the identification, protection, re- tention and preservation of historic sites in the City of Chula Vista. However, should the City Council deter- nine that the duties and responsibilities of the His- torical Site Board are best forwarded by an independent commission, it shall be the privilege of the City Council to establish a Historical Site Board from members of the community. B. Compositian of HistoricaZ Site Board. Where the City Council determines it is in the best interests of the City of Chula Vista to utilize the expertise of the Environmental Control Commission as the Historical Site Board, said nembers of the Environnental Control Commis- sion shall serve in this capacity with the same terns and conditions of office as set forth in the enabling legislation for the Environmental Control Commission. T9here the City Council determines that it is appro- priate to have a separate body serve as a Historical Site Board, said body shall consist of seven (7) mem- bers who shall serve without compensation. The members shall be appointed by the Mayor and confirmed by the City Council . The members shall serve two-year terms and each member shall serve until his successor is duly appointed and qualified. The members shall be appointed in such a manner that the terms of not more than four (4) members shall expire in any year. The commencement of the term of any Board member shall be as deemed most appropriate by the City Council. The Chairman of the Board shall be elected by a majority of the members of the Board. The Board shall adopt rules consistent with laws for the government of its business and procedures. The Board shall meet upon notification of not less than ten (10) days by the Chairman. A meeting, however, may be called upon a similar period of notice by a quorum of the membership of the Board. - 1 - . . . . a C . HistoricaZ Sites . A historical site is any site (including significant trees or other plant life lo- cated thereon} , building, structure, or mark of his- torical significance due to its association with such things as noted past events, historical persons, or distinguishing architectural characteristics . D. Duties and Funetions . The Board shall : 1 . Inspect any site, building or structure which it has reason to believe is, or will be, a historical site and coordinate its activities with the Environmental Control Cor.mmission, County of San Diego, State of Cali- fornia and the Federal Government as appropriate to prevent duplication of efforts. 2 . Compile and maintain a current register of all sites, buildings or structures it has determined to be historic sites . A description of the site and its reason for inclusion shall be contained therein. Upon a determination by the Historical Site Board that a property or other site or structure protected by this section should be designated as a historical site, the Board shall recommend its designation to the City Coun- cil . No historical site shall be subject to the terms and conditions of this section until said site has been designated by the City Council upon the recommendation of the Historical Site Board . Upon a determination by the City Council that the proposed historical site is one which should be so designated, the Council will direct the Historical Site Board to list said site in their register . Copies of said register shall be transmitted to the Departments of Planning, Parks and Recreation, Fire, Building, Public Works, City Clerk and other .interested departments and/or civic or governmental agencies. 3 . The Historical Site Board sha11 also notify the owner of each building, structure or other site, cul- tural or historic, in writing, of the fact that his property is under consideration for inclusion in the list, and shall give such person written notice of any further action which it takes with respect to such property. For purposes of this section, the owner of such property shall be deemed to be the person appearing as the owner of such property on the last equalized assess- ment roll of the County of San Diego . Such notice shall be mailed to the address shown on the said assessment roll as soon as practicable after the property is con- sidered £or inclusion in the list in order for a person to appear and protest such inclusion or at the time the Historical Site Board takes further action regarding it. 4 . Explore means for the protection, retention and preservation of any historical site including, but not limited to, appropriate legislation and financing, such as the establishment of a private funding organization or individual, local, state or federal assistance. 5. Recommend standards for historical and aesthetic zones and the establishment of such zones within the City. 6 . Consult with and advise the Mayor, City Council, City Planning Commission and City Manaqer in connection with the exercise of its duties and functions . -� - E, Demolition, AZteration or Removal of H_istorical Si'tes. 1 . No permit for the demolition, substantial alter- ation or removal of any building, struture or site listed in the register of historic sites shall be issued with- out first referring the matter to the Historical Site Board, except where the City Pianager determines that demolition, removal or substantial alteration of any such building, structure or site is itmnediately neces- sary in the interest of the public health, safety or general welfare. The Building, Engineering and Plan- ning Departments shall notify the Historical Site Board in writing within five (5) days of any request it receives for any such permit. 2 . No person shall remove trees, plants or other major landscaping from any property designated as a historical site without the approval of the City Mana- ger. The City Dianager shall notify the Historical Site Board in writing of any such request within five (5) days of its receipt. 3 . The Historical Site Board shall have thirty (30) days from the date of such notification within which to object to the proposed demolition, major alteration or removal of the trees, plants or other major land- scaping. The Historical Site Board shall file its objections with the City Manager or his delegate. Upon the filing of said objections , no permits shall be issued for the demolition, major alteration or removal of said historic site for a period of not less than thirty (30) nor more than one hundred eighty (180) days. The City Manager shall notify the appropriate departments of the filing of objections by the Histor- ical Site Board. Failure to file objections within the thirty (30) day period shall be deemed a waiver of all objections, and the permit shall be issued in due course. Where the Historical Site Board files objections with the City Manager pursuant to this section, all said objections , upon their transmittal to the City Manager, shall in addition be transmitted to the applicant for any permit or entitlement to denolish, perform a major alteration upon, or remove any historic site or other feature protected by the terms of this section. 4 . Upon the filing of objections , the Historical Site Board shall take such steps within the scope of its powers and duties as it determines are necessary for the preservation of the historical site. No such action shall be taken by the Historical Site Board, however, until the same has been first submitted to and approved by the City Council . At the end of the first thirty (30) days, the Historical Site Board shall report its progress to the City Council which may, upon review of the progress report, withdraw and can- cel the objection to the proposed demolition, major alteration or removal, and the necessary permits shall then be issued. If at the end of the first one hundred (100) days of the aforesaid one hundred eighty (180) day period, it is found that the preservation of the site, building or structure cannot be fully accomplished within the one hundred eighty (180) days period and the Historical Site Board determines that such preser- vation can be satisfactorily completed within an addi- tional period not to exceed one hundred eighty (180) -3- . . �r V v �: • . . • days, the Historical Site Board may recommend to the City Council that a request for extension be granted. Such recommendation shall set forth the reasons there- for and the progress to that date of the steps taken to preserve the site. The City Council may accept such recommendation for good cause shown, and if it appears that preservation may be completed within the time requested, may grant an extension of time not to exceed one hundred eighty (180) days . No such re- quest for extension shall be made after the expiration of the original one hundred eighty (180) day suspension period. 5 , The Historical Site Board shall have no power or right to acguire any property for or on behalf of itself or the City of Chula Vista, nor shall it acquire or hold any money for itself or on behalf of the City. Further, the Historical Site Board shall not have the power or right to negotiate with any party for the acquisition of property designated as a historic site. 6 . Said Historical Site Board may adopt such rules and regulations as are necessary to carry out the pur- pose and intent of this section. SECTION II : This ordinance shall take effect and be in full force on the thirty-first day from and after its adoption. Presented and Approved as to Forn by ��, � . George D. Lindberg, City Attorney �:. ADOPTED AND APPROVED BY THE CITY COUNCIL'OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of October , 1974 , by the following vote, to-wit: AYES: CounciZmen Scott, Hobel, Hamilton, Hyde, Egdahl NAYES : Counc�Zmen \one ABSENT: CounciZmen None ' ABSTAIN: Counc�lm.en None t,'/i i """waiN •�yy���"L. M¢yor of the Ciiy of Chu a Vista ATTEST� �7 ( City C erk STATE OF CALIFORNIA ) COUNTY OF SAN. DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, City Clerk of the City of Chu7w Vis:a, CaZiform�.c, DG HERE&v CERTIFY that the abcve and foregoing is a fuZl, true cnd ec�rect copy of cmd that the scrne hce not been. amended or repealed. DATED: City Clerk (SEAL,1 CC-660 i 5� 3