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Home My WebLink AboutReso 2014-109 RESOLUTION NO. 2014-109 RESOLUTION OF THE CITY COUT'CIL OF THE CITI' OF CHULA \'ISTA RE�40VII�TG THE HISTORIC ELIGIBLITl' STATUS OF THE SEARS BUILDII�'G LOCATED AT �6� BROADI�'.AY �4'HEREAS. the Sears buildins located at �6� Broadwa�� vas identified as an Eliaible Historical Resource as part ofthe ciri�'s 2012 Historical Resources Sun�e}�(2012 Surve�)conducted• b}� ASM, Affiliates, Inc., a qualified professional; and WHEREAS. sun�evs aze s��stematic. detailed esaminations of an azea desianed to eather information about what resources merit protection_and aze critical tools for cam�in2 out the purpose of the Chula Vista Historic Preservation Proaram:,and \4'HEREAS, if a potentiai historical resource is determined throueh e��aluation to have historic sienificance at the local. state or national le��el. then it is considered to be an Elieible Historical Resource: and N'HEREAS.the Seazs buildina w as evaluated in the 2012 Surve��for historic si�ificance and N�as determined b�� ASM. Affiliates. Inc to be an Elieible Historical Resource as one of fe�+� lazee commercial Modem Sn�le buildings constructed during 1940-1970 and for its association w�th master architect Stiles Clemenu: and �l%HEREAS. the propert}� o��ners of Sears disaeree that the Sears building is an Eligible Historical Resource.Their qualified consultant. Heritage Architecture evaluated the Sears buildine and opined that due to alterations made to the building o��er time,the building no loneer possesses historic inteerirv: and �'�'HEREAS. at the December 4, 2013 Historic Presen�ation Commission (Commission) meetine, Sears��as afforded the opportunitv to demonstrate to the Commission that the information pro��ided in the 2012 Surve�� +�as erroneous; and \VHEREAS. at the December�. 2013 Commission meetine. a motion ��as made to remove the historic resources elisibilin�status from the Seazs building. but said motion failed bv a majoriri� �ote of 2-4-0-0;therefore no action��as tal:en to re��ise the Sears buildin�determination of Elioible to I�'ot Elieible: and WHEREAS.on December 17. 2013,the Denton Law Firm. on behalf of Sears. submitted an appeal application requestino that the City Council consider their request to amend the Eli�ibiliro status of Sears to "Not Elieible": and Resolution No. 301�-1 09 Pa�e 2 A. Cit}� Council Record of Application VdHEREAS, the Cin� Clerk set the time and place for the hearing on the appeal application and notices of the hearing,toeether N�ith its purpose. ti�as given b}�its publication in a newspaper of seneral circulation in the ciri�, and its mailing to propertv o��ners within �00 feet of the ezterior boundaries of the appeal at least ten (]0) da}�s prior to the hearing; and V�'HEREAS; the duh� called and noticed public hearing on the appeal application��as held before the City Council of the City of Chula Vista on June ]0, 2014; and � WHEREAS, afrer takine into account and deliberating on the information and testimony provided by staff, the Denton Law Firm, ASM, Affiliates, Inc. and Heritage Architecture the City Council determined that the alterations made to the Sears building were sufficient to result in a loss of historical integrit�� to the building resulting in the building not being an Eligible Historic Resource: and B. Em�ironmental Determination WHERAS, the Development Services Director has re��iewed the applicant's appeal of Historic Eligibilit}�for compliance with the Califomia Environmental Qualit}�Act(CEQA)and has determined that the activih� is not a "Project" as defined under Section 15378 of the State CEQA Guidelines;therefore; pursuant to Section 1�060(c)(3)of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, if modifications are proposed to the Sears building in the future,environmental review may be required and a CEQA determination completed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine as follows: Section I. Findings of Fact The City Council hereby finds that the Sears building located at �6� Broadway: 1. Does not possesses historical Integrih� as defined under Chula Vista Alunicipal Code Section 21.03.084 CVMC 21.03.084 defines Integrit}� as the authenticity of a resources' historic identity, evidenced by the sun�ival ofphysical characteristics that existed during the resources historic period of significance or historic context. The 2012 Survey identified three periods of signiGcance for the west side of Chula Vista, the Communit��Buildina Period(1870-1910);the City Development Period(1911-1939) and. the City Maturation Period (1940-1970). The period of significance for the Sears buildin� is the Cin� Maturation Period (1940-1970). Some of the oriainal design elements from its completion in 1966 ha��e been lost or altered. therefore although the Chula Vista Sears still retains some ofihe original features and elements that are typical of the Modem architectural style the modifications to the building Resolution ivo. 2014-109 Pa�e 3 (includins,but not limited to.remo��al of window displays on the first floor.addition of canopies o��er doors, modifications to the support columns, remo��al and replacement of the orieinal Sears signage); are substantial and therefore result in the loss of historical integrin�of the structure resulting in the Chula\'ista Seazs buiiding not beine an Elieible Historical Resource. Section II. Severabilih� If anv portion of this Resolution, or its appiication to am person or circumstance. is for any reason held to be invalid. unenforceable or unconstitutional, b�� a court of competent jurisdiction,that portion shall be deemed se��erable,and such in��alidin�,unenforceability or unconstitutionality shall not affect the validin�or enforceabiliri�of the remaining portions of the Resolution. or its application to an}� other person or circumstance. The Citv Council of the Cin� of Chula Vista hereb�� declares that it �i�ould have adopted each section, sentence: clause or phrase of this Resolution_ irrespective of the fact that an�� one or more other sections, sentences, clauses or phrases of the Resolution be dedared invalid; unenforceable or unconstitutional. Section III. Construction The Cim Council of the Cin• of Chula Vista intends this Resolution to supplement; not to duplicate or contradict, applicable state and federal la�ti� and this Resolution shall be construed in lieht of that intent. Section IV. Effective Date This Resolution shall take effect upon appro��al of the City Council. Presented � Approved as to form bv � Director of Development Sen�ices C�n�:Aafome�� Resolution No. 2014-109 Pa,�e 4 PASSED, APPROVED; and ADOPTGD b�-the City Council of the Cih� of Chula Vista, California, this 17th day of June 2014 b��the following ��ote: AYES: Councilmembers: Aeuilar. Ramirez, Salas and Cox NAYS: Councilmembers: None ABSEI�'T: Councilmembers: None ABSTAII�': Councilmember: Bensoussan Cheryl Cox, Ma�� ATTEST: Donna R. Norris, C, Ciri� Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CIT1' OF CHULA VISTA ) L Donna R. I�'orris, City Clerk of Chula Vista; Califomia; do hereby certifi� that the foreeoine Resolution No. 2014-109 N�as duly passed; approved; and adopted by the Cin�Council at a re�ular meetin� of the Chula Vista City Council held on the ]7th day of June 2014. Eaecuted this 17th dav of June 2014. Donna R. Norris. C] C. Cin� Clerk