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HomeMy WebLinkAbout2010/06/03 Item 1 ~\rc-- ~ em or (HULA VISTA MEMORANDUM DEVELOPMENT SERVICES DEPARTMENT Date: May 27, 2010 To: The Honorable Mayor and City Council; Planning Commission; and Resource conservatio{lCo' mission /' From: Gary Halbe . evelopment serviC?ector Via: James D. Sandoval, City Manager' Subject: Historic Preservation Program and Ordinance- June 3, 2010 Joint \Vorkshop In collaboration with the Historic Preservation Advisory Committee (Advisory Committee), staff has developed a draft Historic Preservation Program (HPP), comprised of a Historic Preservation Ordinance (HPO) and guidelines and procedures that meet the policies and objectives of the General Plan. At the June 3, 2010 joint workshop, staff will introduce key elements of the proposed HPP and HPO, including an overview of the HPP and main points of the proposed HPO. Copies ofthe draft HPO and a Table of Contents outline of the HPP are enclosed for your reference. The Workshop will provide an opportunity for staffto introduce the important points ofthe ordinance, the basis for inclusion of certain sections of the ordinance, and how the HPP and HPO function together. Based on any comment and direction received at this workshop, staff will finalize both the HPP and the HPO and schedule the documents for formal public hearing consideration through the RCC, PC and CC in June and July 2010. Overview of Development of the HPP and HPO- In May, 2007, Council approved a work program that authorized staffto develop a comprehensive Historic Preservation Program, including a Historic Preservation Ordinance. Consistent with this work program, an interim Historic Preservation Advisory Committee (Advisory Committee) was appointed in July, 2007 to participate in the development of the HPP and HPO. The Advisory Committee held approximately twelve meetings to discuss the framework ofthe HPP and content for a HPO, and completed its base work and provided recommendations in August 2008. Due to budget constraints and related staffing reductions, staff was only able to work on the HPP and HPO on a limited basis until December 2009 when Council re-directed staff to finalize the HPP and HPO. Staffthen worked internally to prepare a working draft HPO, an HPP resource document that would be used as a users guide to historic preservation in the City of Chula Vista. In May 20 1 0, the Advisory Committee was reconvened and met twice to review and provide final comment on the HPP and HPO documents. Staff also held two public workshops. With input obtained from the two Advisory COIpmittee meetings staff has finalized the draft HPP and HPO. The final comments of the Advisory Committee included: clarification of definitions, differentiation between the two types of districts (thematic and geographic), clarification of historical landscapes, and a request that the appointments to the Historic Preservation Advisory Committee be conducted in the same manner that Planning Commissioners are appointed, with an interview process and 1-1 Page 2 June 3, 2010 Joint Workshop appointmcnt by the entire City Council. The public workshops were not wcll attended and no comments were received from either workshop. The proposed HPP and HPO are intcnded to educate and inform the user on the City's goals, policies, and procedures for preservation of historical resources and are intended to be used for all preservation activities in the City. Staff believes that proposed HPP and HPO provide a balance between preservation and the needs of property owners. We look forward to introducing both to the City Council, Planning Commission, and the Resource Conservation Commission on June 3, 2010. Enclosures: 1.) Draft Historic Preservation Ordinance 2.) Draft Chula Vista Municipal Code 2.43 - Historic Preservation Commission 3.) Historic Preservation Program Table of Contents 1-2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE BY INCLUDING A NEW SECTION IDENTIFIED AS TITLE 21 ENTITLED HISTORICAL PRESERVATION ORDINANCE THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN AS FOLLOWS: A new chapter identified as Title 21 is hereby added to the ChuIa Vista Municipal Code to read as follows: 21.02 GENERAL PROVISIONS 21.02.010: TITLE This chaptcr shall be known as the City of ChuIa Vista Hist ' servation Ordinance (HPO). 21.02.020: Purpose & Intent 11111 The ChuIa Vista City Council (Council) declares th ~e'"'identitica l r~cognition, preservation, protection and adaptive reuse of old 'ld"h~tock ~~I,ll'istorical resources are LJ' .1111, ~I cl'" essential for the health, prosperity, social and cultura It;" ent an general welfare of the citizens who live in, work and visit Chula ista. The p and intent ofthe HPO is to serve, protect and enhance the public health, safet elfare '~h the following: A. To serve as the regulatory docum " Historic Preservation Program (HPP); , B. Promote and accom historic reservation goals, policies, and strategies of the City's Genera!", 1~lil,""" C. Promote the recogni 1'1; protection and use of historical resources through hist eys and the designation of historical resources; D. Preserve se Grical resources that give Chula Vista it's identity by utilizing; Int rior Standards for Treatment of Historic Properties; E. Honor Chula history and heritage by designating significant historical resources and dl at are associated with important historical events, persons, significant arc hites, e, 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 are located within designated historic districts; G. Provide for a healthy and sustainable environment through thc preservation and protection of historical resources and architecturally worthy structures and neighborhoods; 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 up to date and valid. City ofChula Vista Historic Preservation Ordinance 5-25-10 Page 1 of25 A TT ACHMENT 1 Draft HPO 1-3 21.02.030: Historic Preservation Authority There is created a Historic Preservation Commission (HPC), Chula Vista Municipal Code Chapter 2.43 which, shall be the governing body of the City ofChula Vista Historic Preservation Ordinance. The discretionary project review responsibility of the HPC shall be limited to the review of Major Alterations, demolition applications, historic determination appeals and for consistency with City's HPP, applicable historic district guidelines, and this ordinance. 21.03 DEFINITIONS For the purpose of this chapter, the following detlnitions shall govern the meaning of words contained herein unless the context indicates otherwise. 21.03.002 Alteration: Any change in the character, compositj.9~1~1["0r structure of a potential historical resource or historical resource which are not clas~ii:fij~li as work exempt from building . permits (Building Permit Form 4551) or those activities t~t aJ~II!~ 'empt pursuant to Chula Vista Municipal Code Section 21.03.054. 21.03.004 Archaeological Resource: Any subsuf human life or activities that are at least fifty years of about prehistory or history. 21.03.006 Architectural Significance: Impo r erty which indicates eligibility for designation and inclusion in the Ch la Vista R: irs er 0.1 istorical Resources, the California Register of Historical Resource the Nati~nal Register of Historic Places for embodying the distinctive characteristics., r, style, t)\p€, period or method of construction. 21.03.008 Association: Jill . historic property. "As,~ciation 11,,,1111111111, 'lllil ,I III11 _,I 21.03.010 Building: 1\ lllucture tIT has a roof and walls and stands more or less permanently in one place, such as a ho IIIl, a~lrchurch, hotel, or similar construction is created to shelter any form of human activity. . ~liding" may also refer to a historically and functionally related unit, such as a courthouse and J ail or a house and barn. an important historic event or person and a e seven aspects ofIntegrity. 21.03.012 California Environmental Quality Act-California Public Resources Code Division 13, Section 21000 et seq. and California Code of Regulations Title 14, Division 6, Chapter 3, Article 1, Section 15000 et seq. HPP- Historic Preservation Projects Section- Environmental Review and Historical Resources. 21.03.014 California Historical Building Code: or State Historical Building Code provides for 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. The California Historical Building Code (CHBC) is made a part ofthe City's HPP City ofChula Vista Historic Preservation Ordinance 5-25-10 Page 2 of 25 ATTACHMENT 1 Draft HPO 1-4 21.03.015 CEQA- See California Environmental Quality Act (Chula Vista Municipal Code 21.03.012) 21.03.016 Certificate of Appropriateness: A permit required for the alteration, restoration, construction, demolition, removal, relocation in whole or in part, of or to all historical resources. COA Forms can be found in the City's HPP-Historic Preservatioll Projects Sectioll 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 some of the purposes of the National Historic Preservation Act. The Certified Local Government Program Procedures can be found in the City's HPP- Preface Sectioll 21.03.020 Character-Defining Feature: Architectural, street and landscape features of a building, structure, object, historic district or historic preservation modifying zone which help to convey historical significance. 21.03.022 Chula Vista Register of Historical Resource~: A c prehensive list of designated ~III~ '111111111:, . historical resources, commonly referred to as the Loc~!I~r!Jister." Local Register can be found in the City's HPP- Historical Resources Se~t1011 " ,,"IIIIII~IIIII'jllll 21.03.024 City Staff: An employee from any depart 1I'e ()r'llgency O'f the City of Chula Vista which may be called upon to assist in the p oper admin 'on of the City ofChula Vista's Historic Preservation Program, including th ' . ance. 21.03.026 Commission: The City ofChula VI Preservation Commission. 4'jllill~l, I' 21.03.028 Contributing Resou, '!nIce: AI~ilding,'te, structure, or obiect within the geographic "I ""'IIIIIII~~I~, II~.I 'I~II~' J boundaries of a histo:ic district wtl:i 'c:Q:!!lIili'~I1;!,I~ .to, physically conveys, ~nd. supplements the Identified hlstoncal sign tone ~!stnct. Also Identtfied as a 'Histone Preservation District .' 21.03.030 Council: Tll 21.03.032 Criteria: A set 0 l~a:15Iished general standards by which the historical significance of a historic property is jUdged" and eligibility for designation is determined pursuant to CVMe 21.04.100. For general information on how to apply criteria standards refer to the National Register Bulletin: How to Apply the National Register Criteria for Evaluation VI How to Identify the Type of Significance of a Property found in the City's HPP Historical Resources Section. 21.03.034 Cultural Landscape: 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. There are four general types of cultural landscapes, not mutually exclusive: historic sites, historic designed landscapes, historic vernacular landscapes, and ethnographic landscapes. 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 to a potential historical resource, an eligible City of Chula Vista Historic Preservation Ordinance 5-25-10 Page 3 of25 ATTACHMENT! Draft HPO 1-5 historical resource, or designated historic resource such that its character, historical significance and lor integrity is materially altered. See CVMC 15.44.050 and the HPP Historic Preservation Projects- Certificate of Appropriateness Form. 21.03.038 Design: The combination of elements that create the physical form, plan, space, structure, and style of a property. "Design" is one of the seven aspects ofIntegrity. 21.03.040 Determination of Eligibility:.An action through which a non-designated property's historical significance is decided through an official government process. Determination of a properties eligibility or significance shall follow the process established by the City's HPP Historical Resources Section- Potential Historical Resource Eligibility Determination Form. 21.03.042 District: See definition for Historic Preservation District or Chula Vista HPP Historical Resources Section- Historic Preservation Districts. 21.03.044 Eligible Historical Resource: Any resource tha~l[ inventory as being significant or that has been determined!l~hro report to be eligible for listing on the Local Register @VMC 21. meets the criteria for listing on the state or nationa ste, s. .' "' 21.03.046 Eligibility: The ability of a property to me opted criteria for designation pursuant to this ordinance. ed in a historic resources a Expert Technical. Analysis ,00), or any resource that 21.03.048 Evaluation: The process by whic e 'tlll~~cal historical resource are judged and el' aibility d1%evJ!hi~~~illl]llI'" 21.03.050 Event: An occasion u ance, O\cttivity that occurred within a particular . d f' . d 1111.",,,,. 'd ? d f' peno 0 hme, or contmue over 'l111~xtetl"'\t",llleno 0 time. . ~l!'~lllllllllllllllll:IIIIIIII'" 11111~1111111I"" .. . 21.03.052 ExceptlOnal]llHlstonc~],~eSolJ:fce: A resource that Council has determmed IS invaluable to the herl of Chur~llll~ istJ1because it has been found through Expert technical Analysis to be the best .. sentat e sample or the last one of its type and that the loss of that property through demoliti e ai, or major or minor alteration would cause a significant loss to the City's history and Ironment. 21.03.054 Exempt Alteration(s): Any work exempt pursuant to (Building Permit Form 4551) and the following activities are considered to be Exempt Alterations and do not require a COA. A. Plumbing improvements or repairs. B. Electrical improvement or repaifs. 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: An expert is defined as a qualified professional that meets the Secretary of Interior's Professional Qualification Standards 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. In some cases, the City shall determine that additional City of Chula Vista Historic Preservation Ordinance 5-25-\0 Page 4 of 25 ATTACHMENT 1 Draft HPO 1-6 areas or levels of expertise may be needed, depending on the complexity of the task and the nature of the historical resources involved. The Professional Qualification Standards can be found in the City's HPP- Qualified Consultants Section. 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 significance criteria and findings of fact. The technical expert analysis may also identify potential impacts to a resource and activities or actions that would reduce those impacts to below a level of significance. For more information on Expert Technical Analysis reports see the City's HPP- Historical Resources Section- Historical Resource Research Report Guidelines and Requirements. 21.03.060 Exterior Features: The architectural style, design, general arrangement, components and natural features or all of the outer surfaces of a resource, including, but not limited to, the kind, and texture of the building material, the type and style ,11~l'!'"windows, doors, lights, signs, walls, fences, and other fixtures appurtenant to such resou~,c . "1111 21.03.062 Feeling: A property's expression of the ae '~t.ic' or his .~R sense of a particular period of time. "Feeling" is one of the seven aspe fl egrity. 11'1111"'"" 21.03.064 Historic Context: A unit created for plann oses that groups information about historical resources based on a shared,theme, specr c time period and geographical area . . ~.. "III~~1M11. ' . . '111111~~I~oI' .. . . . that IS used as the baSIS for ]udgmg a propert~I"'s lhistoncal sl!ollllficance and ItS eligibIlity for listing. The process for identifying and establi\.h;;;"~~~1i1t~. r.ic"contexts is made a part of the Citv's {r"'''' ""1'111" " HPP Historical Overview Section- II eloping ,storic, ontext Statements. 21.03.066 Historical Landsl: Itural, desllglied or natural landscape that is determined to be a historical resource (see C ' 192ijI1'Qil~0i74). 1111111111111111111111111111111111111 ""'11111111111111""'"""'1' 21.03.067 Historic P e~ervatio~~\~o. nti.q,~ency Fund: A fund earmarked for preservation activities that meet.. oses O'llriS dhapter. 21.03.068 Historic Prese"'I!ltion,pistrict: A district (historic district) is a concentration, linkage, or continuity of site~III~,1!l{!dings, structures, or objects united by architecture or historical plan or physical dev~lopment. Further information on the identification of districts can be found in the Chula Vista HPP Historical Resources Section- Districts. Types of Historic Preservation Districts (IIPD's): Geographic Historic Preservation District A historic district that includes a finite group of resources related to one another in a clearly distinguishable way and within a geographically definable area which have related character, architectural styles, interrelationships, and physical proximity and association. Thematic Historic Preservation District A historic district that includes resources related to one another in a clearly distinguishable way by a common theme related to historical context, architectural style, development period, or other characteristics, where visual continuity is not significant and sites are not necessarily located within a geographically definable area. City of Chub Vista Historic Preservation Ordinance 5-25-10 Page 5 of25 ATTACHMENT 1 Draft HPO 1-7 21.03.070 Historic Preservation Program: A document comprised of the application forms, resource allocations, guidelines and procedures, with the purpose to: 1. Meet the requirements for Certified Local Government status 2. Align with the policies of the General Plan 3. Implement the City's Historic Preservation Ordinance 21.03.072 Historic Property: Any resource that is included on the ChuIa Vista Register of Historical Resources (designated), listed on the California Register of Historical Resources, or the National Register of Historic Places, or that has been identified through a survey evaluation to be significant or eligible for designation or inclusion on one or more of said registers. 21.03.074 Historical Resource: Any Eligible Resource (see Eligible Resource CVMC 21.03.044), or any resource that is designated on the Chula Vista Register of Historical Resources (Local Register), the California Register of Historic' ",esources, or the National Register of Historic Places. "- Historical Resource Survey: A systematic, detailed ex -. ati . information about historic properties sufficient to ev :~~~~them ag , t predetennined criteria -' of significance within specific historic contexts. is' ical Reso es Section- Surveyed ~ ~ Properties. "- " 21.03.076 Historical Significance: The im, and found to meet local, state or national cri Register Bulletin- How to Apply the National , ,I, Identify the Type of Significance operty.'I~I~ " 21.03.078 Identification: Th ough J :"!'~h information is gathered about historic properties. ,a property has been evaluated ) Hist cal Resources Section- National ~~iafor Evaluation VI How to 21.03.080 Importan regional, state or ml archeaology, engineerin I who has made signiticant contributions on a local, cl u ing but not limited to, history, architecture, ture. 21.03.082 Incentives: Preser on incentives include, but may not be limited to, Federal Rehabilitation Tax Credits, Ills Act and permit streamlining. HPP- Incentives and Benefits Section. 21.03.084 Integrity: Is a term defined by the United States Interior Department and the National Park Service. It is the authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property'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. A property determined to have integrity should possess most, if not all, seven (7) aspects. For more information on how to evaluate the integrity of a property refer to National Register Bulletin: How to Apply the National Register Criteria for Evaluation VIII How to Evaluate the Integrity of a Property found in the City's HPP Historical Resources Section. City of Chula Vista Historic Preservation Ordinance 5-25-10 Page 6 of 25 ATTACHMENT 1 Draft HPO 1-8 Inventory: A list of historic properties determined to meet specified criteria of significance (Also see Historical Resources Survey). 21.03.086 Loeal Register: See City ofChula Vista Register of Historical Resources. 21.03.088 Location: The place where the historic 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: Major Alterations are those alterations that are not exempt or do not qualify as minor alterations which include, but may not be limited to: A.) Demolition (CYMC 21.03.036) B.) Installation or alteration of windows and doors where the original window or door opening is enlarged, reduced or altered. See HPP Historic PreserVation Projects Section; National Park Service Prese 'tilJn Brief(s) on window repair and replacement. C.) Removal of Historical Landscapes ' D.) Additions to a structure or site that exce'~~" 9 squ E.) New construction within a Historic'serv\ltion Dist F.) Relocation (CYMC 21.03.113)' I~III, G.) Reconstruction (CYMC 21.03.110) HPP Historic Preservation Project Section- "nti Icate of~ r..opriateness Form. ':Iillll'" 21.03.092 Materials: The physical elements a ',.. ,ombined or deposited during a particular period of time and in a : ular pa", or c ,I[figuration to form a historic property. "Materials" is one of the seven f Integrl~y. \y 21.03.094 Minor Alteration: ""'~re those alterations that are not exempt or do not qualify as major alt~" t 'c Il~' clude, but may not be limited to, the installation of . t' ~'''II. III ~III'"'''' . II' f . d d d extenor eatures suc :as awnmg ara l1'uoors, or msta atlOn 0 new wm ows an . oors where the original id~'I]l:.' or doo~lperlmg is not enlarged, reduced or altered and additions that are greater than 14411~~, re fee, and less than 499 square feet. HPP Historic Preservation Project Section- Certificate 'Propriateness Form. 21.03.095 Modifying District For purposes of this ordinance, a Historic Preservation (HP) . Modifying District is a zoning tool that will allow for flexibility from or in addition to the basic regulations otherwise set forth in the underlying zoning within a Historic Preservation District.. HPP- Design Guidelines Section- ModifYing Districts 21.03.096 Non-Contributing Resource: A building, site, structure, or object within the geographic boundaries of a Historic Preservation District but which does not contribute to, physically convey, or supplement the identified historical significance of a Historic Preservation District. Also identified as a "Historic Preservation District Non-Contributor" or a "Non-Contributor" . 21.03.100 Object: The term "object" is used to distinguish from buildings and structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a City ofChula Vista Historic Preservation Ordinance 5-25-10 Page 7 of25 ATTACHMENT 1 Draft HPO 1-9 specitic setting or environment. Objects should be in a setting appropriate to their significant historic use, roles, or character. Examples of objects include bo~ndary markers, fountains, monuments, statuary, sculptures, and mileposts. 21.03.101 Older Building Stock: Buildings that are 45 years or older that mayor may not be identified as significant historic resources but are considered to embody Chula Vista's cultural or historic character. 21.03.102 Period of Significance: The span of time in which a property attained historical significance. HPP Preface Section- Historic Contexts. 21.03.104 Potential Historical Resource: Any resource 45 years or older that appears to meet the findings and criteria established in CVMe 21.04.100. 21.03.106 Preservation: The act or process of applying meas ',i,lecessary to sustain the existing form, integrity, and materials of an historic propert rk, including preliminary measures to protect and stabilize the property, generally ~,:" on the ongoing maintenance and repair of historic materials and features rather thalilll\l;lS,~bnsiv lacement and new construction. Preservation is one of the fourtreatm ~j,opfons speCl . The Secretary of the Interior's Standards for the Treatments of Histori(f. These" tandards can be found in the City's HPP under the Design Guidelines Section. ~ building, site, structure, ssociated sites, deemed of l' "ea by an appropriate local, state designated buildings or properties on, r local historical registers or official istoric Places, California Register of arks, State Points of Historical Interest, and rs, inventories, or surveys of historical or e r landmarks. HPP Historic Preservation Project Building Code. . 21.03.108 Qualified Historical Building object, district or collection of structure importance to the history, architecture or cult or federal governmental agency all incl or determined eligible for, of' nal, st inventories, such as the Nation Historical Resources, S officially adopted architecturally sigo\ 1 Section- 2007 Cali/ami 21.03.110 Reconstruction: act or process of depicting, by means of new construction, the form, features, and detailing 0'1' a non-surviving site, landscape, building, structure, or object for the purpose ofreplicating its appearance at a specific period oftime and in its historic location. Reconstruction is one of the four treatment options specified in The Secretary of the Interior's Standards for the Treatments of His'toric Properties. 21.03.112 Rehabilitation: The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features, which convey its historical, cultural, or architectural values. Rehabilitation is one of the four treatment options specified in The Secretary of the Interior's Standardsfor the Treatments of Historic Properties. City of Chub Vista Historic Preservation Ordinance 5-25-10 Page 8 of 25 ATTACHMENT 1 Draft HPO 1-10 21.03.113 Relocation: Moving a historic resource from its original location. Guidelines for relocation are including in the City's HPP Design Guideline Section. 21.03.114 Resource: Any building, structure; object, site; archaeological site; sign; trees; cultural, designed or natural landscapes; district(s) or a contributing resource. 21.03.116 Restoration: The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular 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. Restoration is one of the four treatment options specified in The Secretary of the Interior's Standards for the Treatments of Historic Properties. 21.03.118 (The) Secretary of the Interior: Appointed!S e t official that serves as the head of the United States Interior Department and w~j'l'~'responsl'ii!or establishing standards for all pr~gram.s ~nde: Departmental aut~ority an, . ad"~~,ing Fed~~l,(gencies on .the preservatIOn of hlstonc propertIes hsted m or ehgl r ,ishng m the NatIOnal RegIster of Historic Places. '\I!I1:mlll . 21.03.120 (The) Secretary of the Interior Sl'&'Il'dal"ds an .' 'G.idelines (SOl'S): Professionally accepted standards used for th !~~lli~f~istoric properties. These standards and guidelines assist in determininlllfll?' ropriat serJ~tion, rehabilitation, restoration and . reconstructio~ activi~y. These (fnd~"' and h?\~lll:? a'ppl~ them c~n be found in the City's HPP under the DeSIgn GUldelmes Desl ~.IIGUldelmes SectlOn- Secretary of the Interior Standards for the Treatme Hi" rties. 21.03.122 Setting: the specific place vJ e. character of the place in seven aspects of Integrity. 21.03.124 Significance: The i'mportance of a historic property based upon local, state, regional, or national eligibility criteria. " 'l:Ont of a historic property. Whereas location refers to uilt or an historic event occurred, setting refers to the roperty played its historical role. "Setting" is one of the 21.03.125 Significant: A resource that has been determined to be important based upon 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: See California Historical Building Code City of Chula Vista Historic Preservation Ordinance 5-25-10 Page 9 of 25 A TT ACHMENT 1 Draft HPO 1-11 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 greerulouse. 21.03.132 Theme: A trend or pattern in history or prehistory relating to a particular aspect of cultural devclopment, such as citrus farming. "Theme" is related to "Historic Context". 21.03.134 Workmanship: The physical evidence of the crafts of a particular culture or people during any period in history of prehistory. "Workmanship" is onc of the seven aspects of Integrity. 21.04 IDENTIFICATION AND DESIGNATION OF HISTORICAL RESOURCES 21.04.010: Historical Resource Surveys (Survey) Understanding, identifying, evaluating, and protecting those communi.ty its in?ividual character and se~se of place ar~il~tr . preservatlOn of hlstoncal resources. Historical Resourc ~llI,rve informational tools by the City of Chula Vista (City yother m agencies for designation consideration and/or as 11 p .. . ct analy~. CYMC 21.08.010 and shall not require owner conse ' outces, which give each t tools in the protection and II be utilized as departments or pursuant to 21.04.020: Survey Forms All evaluations and recordation of resources a form prescribed by the State Historic Preservation Otlice currently referre ment of Parks and Recreation (DPR) 523 Series Form and as may be from 'f e to time. The information and analysis contained within the DPR fo nform t~illll<e State Historic Preservation guidelines for recording historical resources as ' '1"'IQlfllltl'le City's HPP. '1"111 U,I:1111111 ijl, 21.04.030 Chula Vist ,togcal Resources Buildings, structurt] ig;;!!I!llllandscape, archaeological sites, Historic Preservation Districts, or district co rmined historically or architecturally significant and designated by the City of ta Historic Preservation Commission shall be compiled on a comprehensive list officially as the City ofChula Register of Historical Resources and shall commonly be referred to' as the Local Register. 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; C. Any Chula Vista property listed as a National Historic Landmark; D. Any Chula Vista property listed on the National Register of Historic Places; E. Any Chula Vista property 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. City of Chula Vista Historic Preservation Ordinance 5-25-10 Page 10 of25 ATTACHMENT 1 Draft HPO 1-12 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. A property may be designated either individually or as a contributing element to a Historic Preservation District. Those resources that are approved for designation shall be listed on the Chula Vista Register of Historical Resources (herein referred to as the Local Register). 21.04.070: Designation-Owner Consent A property shall not be designated without property owner consent unless said designation is undertaken by the Council pursuant to CVMC 21.04.080 (Owner Consent Not Required: Exceptional Historical Resource) of this ordinance. Owners of properties, which may qualify as a contributing resource to the designated HPD may pursue designation without the consent of other property owners within the boundaries of the designated HPD pursuant to CVMC 21.04.090. A property owner shall be required to record the:fr~tion of their property with the County Assessor's office within 10 business days ofHJil: oval of said designation. lll( 21.04.080: Designation-Owner Consent Not Req~e'~t;'EXCePti al Historical Resource In exceptional circumstances, the HPC may reco end t t the Coil~~j;l' designate a property without owner consent if it has been demonstrate'" ''''pert Tedhnical Analysis and historical evidence that all of the following Findings 0 are met: a. It is determined that the resource m~~c 'teria and e1indings of fact for designation . 1111'" found inCVMC 21.04.100. .' b. It is demonstrated through the Expert ica alysis that the resource is either the best representative sarnplej~lfi~~ind or :he last' of its kind. c. It is determined that th ., II( I. is an ex~ptionally important component of the City's history and loss or impair ,n.p"~erty would be detrimental to the City's IlfiiI heritage. 21.04.090: Designatio -Applica 'on, quirements and Procedures . . "'lillll,.. '11111111" 1. Applications and Su6lnittal Req1illrements Applications for design'~~l'bn sh<Jl'be made to the Zoning Administrator in writing on a form ....... "'1111111111",. ~" prescribed by the City's HP~,~and shall be accompanied by sufficient information to determine that a resource meets the criferia for designation pursuant to CVMC 21.04.100 and found in the City's HPP Historical Resources Section - Application for Designation. A fee as presently designated in the master fee schedule, or as may in the future be amended, shall accompany the application. Designation applications may run concurrent with other permit applications however the designation shall be approved prior issuance of any discretionary actions. A. A property owner, or authorized agent of the property owner, may seek historical designation with or without the assistance of an individual who is an expert with the exception of those circumstances where an Expert Technical Analysis is required by the City or discretionary projects as set forth in CVMC 21.08.010. The City, at its discretion, may require the applicant to submit an Expert Technical Analysis Report. 2. Procedures for Historical Designation Consideration City ofChula Vista Historic Preservation Ordinance 5-25-10 Page 11 of25 ATTACHMENT 1 Draft HPO 1-13 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 property 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 evaluation criteria set forth in CVMC 21.04.100. C. The Zoning Administrator shall set a reasonable time for HPC consideration of the application and give notice thereof to the applicant and to other interested persons. The HPC shall hold a public hearing to review the evidence as presented in order to determine if the resource meets the criteria for designation CVMC 21.04.100. 3. Denial or Delav of Decision A. The HPC shall have the authority to delay designation o~ a property for up to 90 days as part of a request of the applicant for additional infO! IOn on the subject property proposed for designation. If the requested informat( S not provided within 90 calendar days, the HPC shall deny the designatl",,~II~~que . . .. . ~~, . . B. If an applicatIOn IS demed pursuant to CVM,GJi 21.Q;l.090 (3),Ii!ya deslgnatJon request is dcnied as a result of the resource not m~~~'!i; th~llii!ldings of"fact or eligibility criteria set forth in CVMC 21.04.100, the HPC shall ~I~il", dl'de ~ written explanation for the denial within 10 business days of the decis', 4. C. The applicant may, under a new appli, ..dl'~fl1 Ired fees, submit for designation 'd . h' h h ~ . ~11I1' b d' d'f . C .. reconSl eratlOn any propert w IC a~llr.revI04S' y een eme 1 new mlormatlOn IS presented to support a st ' of histo\cal significance for the property. Appeals,"" All appeals shall be VMC 21.I2.030. Fi I' ~gs of Fact and Eligibility Criteria C niay occur when the following lindings of fact are found: ears old; and Istorical integrity defined under CVMC 21.03.084 and the ed to have historical significance by meeting at least one of the 21.04.100: HistoricalliD1 esignatl '11""""111111111 Designation of a resou~~~llbY the a. A resource IS a b. A resource posse resource is detenni following criteria: Criterion I: 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 signilicant 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 possess high artistic values. Criterion 4: It has yielded, or may be likely to yield information important in prehistory or history of Chula Vista, the state, region, or nation. 21.04.110 Designation of Publicly Owned Resourees- Council Approval Required City of Chula Vista Historic Preservation Ordinance 5-25-10 Page 12 of25 ATTACHMENT 1 Draft HPO 1-14 An application for designation of a publicly owned resources may be submitted by a member of Council, a member of the HPC, or any interested citizen who resides in the City ofChula Vista. Applications for designation of publicly owned buildings shall require a recommendation from the HPC and Council approval. For consideration, designation requests for publicly owned buildings shall require the same application submittal requirements and criteria of CVMC 21.04.090 and 21.04.100. 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 site that was previously designated. 21.05.020:Historical Resource Delisting- Owuer Consent Not Required A request for delisting may be submitted by the property own :Ii~'r'record, any member of the HPC or any member of the Council. Owner consent is not . ed for deli sting a resource. 21.05.030: Historical Resource Delisting- ApPl,ic. . CVMC 21.04.090 (1.), (2.), and (3.). Delis\' permit applications however no discretiona determination. 21.05.040- Historical Resource'ng- Fin ings 0 Fact Delisting of a historical resou):", disc04~ed unless it is substantiated through evidence that the historical reso "ets the eligibility criteria set forth in CVMC 21.04.100. Council, upo 0 e HPC, shall grant the deli sting only if it finds that one or more ofth 0 IOWI ' f fact exist: A. New' ,ence pro II ed monstrates that previously identified historical '11'1 significa of the torical resource has been reduced or no longer exists such that the res il"onger meets the eligibility criteria. B. The property designated inaccurately based on incorrect information. C. The integrity 0 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, tire, flood, or natural disaster. 2. Based upon the evidence Council may: A. Delist the resource; 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 rescind the designation; D. The City, at its discretion, may require the applicant to provide an Expert Technical Analysis Report. 21.05.050: Historical Resource Delisting - Factors That Shall Not be Considered City of Chula Vista Historic Preservation Ordinance 5-25-10 Page 13 of25 ATTACHMENT 1 Draft HPO 1-15 When considering a request to delist a previous historical resource designation, the following factors shall not be considered to guide or inform a decision: A. Property maintenance costs associated with minimum code compliance activities for building and structures. B. Costs associated with deferred maintenance by the recorded property owner or by a previous property owner. C. Costs associated with bringing the designated property into conformance with adopted City codes. D. Costs associated with proposed improvements of the site. 21.05.060: Historical Resource Delisting - Fines and Penalties The Zoning Administrator or the HPC shall include recommendations for recovery of costs associated with the financial or planning and zoning historic preservation incentives and benefits provided to the current or previous property owner(s)'A 1. The owner of record may be subject to fines and dnalties by the City, which equate up to 100% recovery of the benefits and incenlill ived from the City eithcr financial or planning and zoning historic pr~s~l~atio ~entives or benefits, including but not limited to the Mills Ac\;ll'fo"Perty Tax~alfeplent, reduction of . C . f . C 11 ,,,I, 'h' dd" I!II[IIII:I". d II' . permIt lees, waIver 0 permit lees, a 9'" e oill:i;l Ihonal",aensltyor we mg umts, . f' d h h" "'1111, "f h d . f issuance 0 a varIance ue to t e Istonca 'IUS 0 t e property, or re uctlOn 0 parking or other local standards r requirem 2. nc f a resource has been reduced or " ner, fines and penalties may be ount necessary to restore or rehabilitate the ce ofthe resource. 21.06.010 Purpose To idcntify, designate, and pr erve existing stable neighborhoods and resources grouped either geographically or thematically as defined in CYMC 21.03.04. 21.06.020: Historic Preservation Districts - Authority Upon recommendation ofthe HPC, the Council shall consider the designation of a HPD. 21.06.030: Historic Preservation District - Owner Consent Required There are two types ofHPD's, Geographic Historic District (GHD) and Thematic Historic District (THD). For the designation of a GHD owner consent shall be required by a tifty-one percent (51 %) majority of all property owners within the proposed historic district boundaries. For the designation of a Thematic Historic District (THD), owner consent is required for each of the individual properties that are apply for designation as contributors to the district. A minimum often (10) contributors shall be required to apply to qualify for a THD. 21.06.040: Historic Preservation District - Application, Requirements and Procedures City of Chula Vista Historic Preservation Ordinance 5-25-10 Page 140[25 ATTACHMENT 1 Draft HPO 1-16 ]. Application ami Submittal Requirements Proposals for HPD's shall be made to the Zoning Administrator in writing on a form prescribed by the City's HPP and shall require a recommendation from the HPC and approval of the Council. All applications shall be accompanied by sufficient information to determine that an area meets the criteria for HPD designation CVMC 21.06.050. A fee, as presently designated in the master fee schedule, or as may in the nlture be amended, shall accompany the application. The application review shall follow the City's Development Services Department review process for discretionary permits. Application submittal requirements shall follow the HPD application guidelines established by the City's HPP including but not limited to: A. For GHD's, an approved form bearing notarized signatures of support by owners of tifty-one percent (5] %) of the land area within the proposed GHD and an address list of all contributing and non-contributing resources within the proposed Geographic Hist~ric.Preservation Dist~ct, includin~lll~g1 vacant ~ar~els. B. A Statement of Slgmficance that establtshes the R . ~osed HPD slgmticance under the adopted eligibility criteria established in C _1.06.060. C. A DPR fonn, for all contributing resources oposed HPD, that includes a map and description of the proposed dist~~ ' ;tries; the age, setting, and character of the area, significant iJ;#cll~:1 . lements 'n the proposed HPD, ;' "'Iilillll " urban design and streetscape features as. yother notable visual features of the proposed area; D. A list of all non-contributing res. foposed HPD. E. Proposed dcsign guidelines for th tify the character-defining features, historic architectural style n" roperty types, historic roof types, historic building mat d histo~ic window types of the district, and any other design informatio endati6!ls"'that may be used to guide design review projects within the di.!l!!Ji,~1'either at contributing or non-contributing resources or 2. Re uirements for",[ n sideration A. For GHD's, form bearing notarized signatures of support by owners of fifty-one perce o/r f the land area within the proposed GHD and an address list of all contribui,' and non-contributing resources within the proposed Geographic Historlc Preservation District, including any vacant parcels. B. For THD's, an approved form bearing notarized signatnres of all properties proposed to be included within the THD shall be submitted. A minimum of] 0 individual properties shall be required to be considered for a Thematic Historic District designation. C. A Statement of Significance that establishes the proposed HPD signiticance under the adopted eligibility criteria established in CVMC S21.06.060. D. 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 elements; the age, setting, and character of the area, significant individual elements within the proposed HPD, urban design and streetscape features as well as any other notable visual features of the proposed district. City of Chub Vista Historic Preservation Ordinance 5-25-10 Page 15 of25 ATTACHMENT 1 Draft HPO 1-17 E. Proposed design guidelines for the HPD that identify the character-defining features, historic architectural styles, historic property types, historic roof types, historic building materials, and historic window types of the district, and any other design information or recommendations that may be used to guide design review projects within the district boundaries either at contributing or non-contributing resources or vacant parcels. 3. Procedures for Deshmation Consideration A. The Zoning Administrator shall determine the adequacy and completeness of the submitted application and DPR Forms utilizing the I-IPD application guidelines of the City's HPP Historical Resources Section - Historic Preservation Districts. B. If the application is deemed inadequate or incomplete, the applicant shall be notified and shall submit the necessary information within 30 days or the Zoning Administrator may deny the application. C. Upon determination of completeness, the Zoning ~.I1i~\nistrator shall prepare, in the form ofa Staff Report, a brief discussion oft~p~bRerty as presented in the ' submitted documentation and shall include recl\m~~l>.'d tions to the HPC to recommend to Council to designate or nOlllll~llll:leSignate, er the findings of fact and evaluation criteria set forth in CYMC 2 .56.05Q. . D. The Zoning Administrator shall set a {e~~l'ime for C consideration of the application and give notice thereofto.the a ,lcant and to other interested persons. The HPC shall hold a public hea', . a to revieJII~tl'1e 9'1idence as presented in order to , :'1'11111'1'" determine if the resource meets t . ,', or d.~s'lgnation pursuant to CYMC 21.06.050. E. A qualified expert is !:l~IIil;~lf,i:, ssarily ~qUire to complete the application package "h d H .41 h '''~IIII.II'I. h' . d" . h lor t e propose 1!l owe,ver, t e'lt"" at Its IscretlOn, may reqUlre t e applicant(s) to retain IbIi1nIIIIQIIISJ,l~ ~tiate the validity of the findings of the . . ". "..1111111111111111111' apphcatlOn paa1m,' , ~_.. 3. Denial or Dela eeision A. The HP shave th uthbrity to delay its recommendation to Council for designation of", ,PD tI,T up to 90 days as part ofa request of the applicant for additional infor " 111~r for the applicant to submit an Expert Technical Analysis of the proposed HPD.. f the requested information is not proVided within 90 calendar days, the HPC shall deny the HPD designation request. B. If an application is denied pursuant to CYMC 21.06. 040 (3)(A), the HPC shall provide a written explanation for the denial within 10 business days of the decision. An HPD designation request shall be denied by Council if it is found that the proposed I-IPD does not meet the findings of fact or eligibility criteria set forth in CYMC 21.06.050. C. The applicant may, under a new application and required fees, submit for designation reconsideration any district, which has previously been denied if new information is presented to support a statement of historical significance for the district. 4. Appeals All appeals shall be processed pursuant to CYMC 21.12.030. City of Chula Vista Historic Preservation Ordinance 5-25-10 Page 160f25 A TT ACHMENT 1 Draft HPO 1-18 21.06.050: Historic Preservation District - Findings of Fact and Eligibility Criteria Designation of a Historic Preservation District shall occur when the following finding of facts are made and at least one of the criteria apply: I. That the proposed HPD has signiticant architectural or historical character or cultural value. 2. That the proposed HPD will preserve and enhance the collective integrity of the contributing resources. 3. For GHD's, there are at least sixty percent (60%) of the individual properties within the boundaries of the proposed GHD possesses character, interest, or value as part of the heritage of the City and is found to meet one or more of the established criteria as set forth in CVMC 9210.060.050(5). 4. For THD's, all properties with the proposed THD possess character, interest, or value Citywide and collectively are found to meet one or more of the established criteria as set forth in CVMC 921.060.050(5). HPD Eligibility Criteria: Criterion I: The area is identified with an event significantly to the City's prehis Criterion 2: Buildings, structures, objects, area exemplify a particular a:tc development in the City. Criterion 3: Buildings and structure e the best remaining examples of an architectural style, or aving been designed or constructed by a master c, I'" gner or builder, and retain integrity. Criterion 4: The area co signifi nt con~entration of eligible historical resources or indivi rical re -ces which are included on the Local '1111" Register " d on or formally determined through a survey to b 1 the California Register or the National Register. 21.06.060 Design G Design Guidelines or- with the designation oft as part of the HPD applicatl the proposed district, develop" flC preservation districts shall be adopted concurrently reservation district. If design guidelines are not proposed City may, in collaboration with the property owners within esign guidelines for the HPD prior to formation of the HPD. 21.06.070: Historic Preservation Modifying District (lIP Modifying District) 1. Application and Submission Requirements A separate application tor a Historic Preservation (HP) modifying district shall be required to permit special regulations to designated HPD's. The City may propose that a modifying district be added to any Historic Preservation District or any property owner with the district may submit an application for a HP Modifying District. All applications shall be made to the Zoning Administrator in writing on a form prescribed by the City's HPP and shall follow the City's Development Services Department review process for discretionary permits. A fee, as presently designated in the master fee schedule, or as may in the future be amended, shall accompany the application. 2. Procedures for HP Modifying District Consideration City of Chula Vista Historic Preservation Ordinance 5-25-10 Page 170[25 ATTACHMENT 1 Draft HPO 1-19 A. HP ModifYing District applications shall require a recommendation from both the HPC, Planning Commission with final consideration for approval by the Council. B. The Zoning Administrator shall determine the adequacy' of the submitted application for a HP Modifying District pursuant to the application guidelines of the City's HPP Design Guidelines Section C. lfthe application is deemed inadequate or incomplete, the applicant shall be notified and shall submit the necessary information within 30 days or the Zoning Administrator may deny the application. D. Upon determination that the application is adequate to render a decision, the Zoning Administrator shall prepare, in the form of a Staff Report, a brief discussion of the HP ModifYing district propsal presented in the submitted documentation and shall include recommendations to the HPC and Planning Commission to recommend to Council to approve or deny the HP Modifying District under the criteria found in CYMC 21.06.080. The Zoning Administrator shall s~t'a reasonable time for consideration of the application and give notice,~ of to the applicant and to other interested persons of all public hearings wher~e . lication(s) shall be considered. '1IIIIlll~ 21.06.080: Historic Preservation Modifying DistJ;i~~ - F;indings 0 act The Following Findings of Fact shall be met prior41 ta9~l::i~ing a ModifYing District: Finding 1. The subject HPD is unique by vi ., topography, geological characteristics, access, c' Iguration,. ~c circulation or some social or historic situation requirin . I hand'll'~~fthe development. Finding 2. The basic or underlying zo ',e r~gu !,i.~ps' do not allow the property owner and/or the citYJJi!!~ml~priate c~~~rol m1lriexibility needed to preserve the historic chara6~er o~lhe HPn\ Finding 3. The HP m ~~I . ct is ni!tssary to enhance the public convenience, health safel' fare. Finding 4. Thelll~K1'Jl'l'&~e, nt '~li,l,th<;;, ModifYing District will help to serve, protect and "illl "111!!llh. '~I"II'!I':'I!'" enllance the PUtlllC hell th, safety and welfare. "~I~". '11111 '" 21.07 ALTERATIONS Td ~~TORIi\\L RESOURCES 21.07.010: Alterations to Hi~iolal Resources-California Historical Building Code Any historical resource may J'tilize the CHBC for alterations, repairs or additions subject to HPP guidelines and City approval HPP Design Guidelines Section- CHBC. 21.07.020: Alterations to Historical Resources-Approval Required No person shall demolish, remove, or make minor or major alterations to a historical resource without first obtaining the appropriate approvals pursuant to CYMC 21.01.070, CYMC 21.07.080, and CYMC 21.08.040. The Zoning Administrator shall have the authority to require an applicant to provide further documentation in order to determine whether a potential historical resource is a historical resource pursuant to the criteria established under CYMC 21.04.100 and HPP Historic Preservation Projects Section- Determination of Eligibility. lfa potential historical resource is determined to be an eligible historical resource than review of proposed minor or major alteration(s) shall be required. 21.07.030: Alterations to Historical Resources- Certificate of Appropriateness Required City of Chula Vista Historic Preservation Ordinance 5-25-10 Page 18 of25 ATTACHMENT 1 Draft HPO 1-20 A Certificate of Appropriateness(COA) shall be required for all minor and major alterations to historical resources HPP Historic Preservation Projects Section- COA Form. 21.07.040: Alterations to Historical Resources- Exempt From the COA Work exempt from building permits pursuant to Building Form 4551 and exempt alterations as defined in CVMC 21.03.054 shall not be required to obtain a COA. 21.07.050: Alterations to Historical Resources - Environmental Review Required Alterations to historical resources or discretionary actions that may impact historical resources shall require environmental review. 21.07.060: Alterations to Historical Resources- Concurrent COA Processing Upon approval of the Zoning Administrator, applications for CONs may run concurrent with other discretionary permits howevcr, no planning approvals or building permits shall be issued prior to COA decisions, except for permits required by the Builtllhg OfticiaLto maintain or stabilize dangerous conditions or for work that does not aft~~, e exterior integrity of the building or structure, or the historical significance of the lJ:~ildl tructure, or site, , as determined by the Zoning Administrator. HPP HistoriGllh~servatio rojects Section- Preservation Brief 14- New Exterior Additions to Ff,~toriG\IJ3uildings. · ""'~IIIII~III' '1111~ll" 21.07.070: Minor Alteration COA- Application, RJ~>>lrements and Procedures Applications for Minor Alteration CONs s' , 11 be madeli"'ll~e Zoning Administrator in writing on a form prescribed by the City and found l'llll~~l:i!l;!ty's H'Pft;I"f~Iistoric Preservation Projects Section- Certlifilcate oifAppropriateness. The 6:0eJ1 l~h'aHIJ.,e accompanied bv plans and data .~~, II" ."lllllil1 ' sufticient to show the detail of thell,rml"'l1Josed altei~~tion. A fee as presently designated in the IU ],\ljmilll~lll~1111 '1m. master fee schedule, or as may' "the p ture be al'nended, shall accompany the application. y A. Minor G onin in trator A roval 1. The app lCation rev;!'!' shall follow the City's Development Services Departmen1111 ,,, i!:li~trative review process and shall be noticed pursuant to "~II ~11'!ll111. CVMC 19.12'11110 (B) (C) and (D). . 2. To substantiate' an application for a Minor Alteration, 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. B. Minor Alterations COA- Findings of Fact Prior to issuance of a Minor COA the Zoning Administrator shall, through evidcnce presented, make all of the following findings of fact: 1. The proposed work conforms to The Secretary of the Interior's Standards for Treatment of Historic Properties; and . 2. That the proposed work is consistent with the General Plan, applicable design guidelines, or other policies adopted by the HPC or Council. 3. The proposed work shall not adversely affect the exterior features of the historical resource or its special character, interest or value of its neighboring City of Chula Vista Historic Preservation Ordinance 5-25-10 Page 19 of25 ATTACHMENT 1 Draft HPO 1-21 improvements and surroundings, including fa9ade, setback, roof shapes, scale, height and relationship of material, color and texture such that the historic integrity is diminished. 4. The Minor Alteration proposed will not cause a significant adverse effect as detined in Section 15064.5, ofthe Guidelines for Implementation of CEQA. C. Minor Alterations COA- Denial If the Zoning Administrator finds that the proposed minor alteration(s) does not meet one or more of the findings of facts as listed in CYMC 21.07 .070(B), the Zoning Administrator shall deny the minor alterations penllit application. Minor Alterations COA- Appeal All appeals shall be processed pursuant to CYMC 21.12.030. 21.07.080- Major Alteration COA- Application, Requirem"'~~"and Procedures Applications for Major Alteration COA's shall be made to",:,. oning Administrator in writing on a form prescribed by the City and found in the City'~ Iifp 'ric Preservation Projects Section- Certificate of Appropriateness. The COA s 'HII['bJ' acco ied by plans and data sufficient to show the detail of the proposed altera . A ~~e as pres 1 designated in the master fee schedule, or as may in the future be arlie ,,' II"U accom any the application. A. Maior COA- HPC Approval 1. The application review shall Department review process fo pursuant to CYMC 19.12.070. D. 2. To substantiate discretion to r professiona evelopment Services rmits and shall require notice Major Alteration, the City shall have the ert" owner or authorized agent retain an expert Technical Analysis. B. Ma'or Al e, ations C Fin s of Fact I'" Prior tO'IS ce of a jor""COA the HPC shall, through evidence presented, make all of the foll . IT fin gs of fact: I I. The propose ' conforms to The Secretary of the Interior's Standards for Treatment of, toric Properties. 2. That the proposed work is consistent with the General Plan, applicable design guidelines, or other policies adopted by the HPC or Council. 3. The proposed alteration shall not adversely affect the exterior features of the historical resource or its special character, interest or value of its neighboring improvements and surroundings, including fa9ade, setback, roof shapes, scale, height and relationship of material, color and texture such that the historical integrity is diminished. 4. The Major Alteration proposed will not cause a significant adverse effect as defmed in California Code of Regulations Section 15064.5 (the Guidelines for Implementation of CEQA). C. Major Alterations COA- Denial City of Chula Vista Historic Preservation Ordinance 5-25-10 Page 20 of 25 ATTACHMENT 1 Draft HPO 1-22 1. If the HPC finds that the proposed Major Alteration(s) does not meet one or more of the findings of facts as listed in CVMC 21.07 .080(B), the HPC shall deny the Major Alterations COA application. 2. If denied, the HPC shall make recommendations to the applicant concerning change, if any, in the proposed action that would cause the HPC to reconsider it's denial. If the applicant makes the recommended changes within 60 days the HPC may reconsider the Major Alteration COA under the same application. D. Maior Alterations COA- Appeal The applicant or any other interested party may appeal the decision of the HPC pursuant to CVMC 21.12.030. As part of the application and prior to the matter being set for public hearing by the Council the applicant shall address the findings for denial on an application prescribed by the City and shall pay all required fees. 21.08 DISCRETIONARY PROJECTS AND DEMOLITION OF HISiF1' :t~CAL RESOURCES ~jlllllllllilllllll 21.08.010- Discretionary Projects- Historical ResourceiRevie~ Required Discretionary projects that propose alteration, demoli~j'~Il",~~ remo of any potential historical resource or historical resource shall require appro ,rt:te re'\;iew, clear ",,,€ and/or approval via a COA. In addition to any other required permits, 11' ~1~H, be requi~ed if it is determined that the proposed project will impact a historical resource.' e resource is determined to not be a historical resource pursuant to criteria foun~I~IIuIII<;:VMC 2 ' 00 or a contributing resouree defined in CVMC 21.03.028, then no further(~!!!l~" . requ.l d. 21.08.020- Discretionary Projects~iII14Pplicadt. ,Req irements and Procedures. .]IIlW; 111I]llln~ "lIJ.. A. If a historical resource Ists tH~,IICity shal~. I D "f 'III'. M.'llIlll" M' Al . M' dM' . etermme 1 t, ' ~iS a llj' r or aJor teratJon. mor an aJor . _ IIIII IllIlli1IIIi!''',"''~;' AlteratIOns I be ' ,. ce sea'pursuant to CVMC 21.07.070 and CVMC 21.07.0 s el 2. Havj;~ discretio '~I' 0 r ,He that a property owner or authorized agent retain an expert p ssional 'j~~ eonduct an Expert Technical Analysis. 3. California : de of/egulations Seetion 15064.5 (the Guidelines for Implementati CEQA). B. Discretionary Proieets - Findings of Fact Discretionary projects shall follow the Findings of Fact set forth in CVMC 21.07.070 (B) or CYMe 21.07.080 (B), as may be applicable. 21.08.030- Demolition - Historical Resource Review Required No permit to demolish any potential historical resource or historical resource shall be considered without an associated application for a building or site development permit for a replacement structure or an application for a project for the property involved. 21.08.040 - Demolition COA- Application, Requirements and Procedures No permit to demolish a historical resource shall be eonsidered without an associated application for a building permit for a replaeement structure or a discretionary application for a project for the property involved. City ofChula Vista Historic Preservation Ordinance 5-25-10 Page 21 of25 ATTACHMENT 1 Draft HPO 1-23 A. The City shall: 1. Require that a property owner or authorized agent retain an expert professional to conduct an Expert Technical Analysis. 2. Follow the requirements of CEQA . B. Demolition - Findings of Fact Discretionary projects shall follow the Findings of Fact set forth in CVMC 21.07.080(B). 21.08.050- Unlawful Demolition of a historical resource: A. If a historical resource is unlawfully demolished without City approval, all or some combination of the following penalties may apply: 1. No building or development permit shall be issued for the subject parcel of land for a period of two years from the date the City received notification of the demolition. 2. The property owner of record shall be requi,~", reconstruct the demolished property according to The Secretary ofthe"!~rt "Standards for the Treatment for Historic Properties wit.,~!~"tlmefra ecified by the City. 3. Fines shall be levied against the pr y o'fller of re ""in the amount equal to reconstruction of the unlawfully de , . h J11historical esource. B. Unlawful Demolition of a otential 'l1istorical res,ce: If a potential historical resource is, demol:,:~r:~d without approval by the City, the City may require the property owrll t6 fund a post-demolition Expert Technical Analysis to dete . wheth e wfully demolished property would have been considered e . design 'on and inclusion on the Local Register pursuant to the criteri CVM' "1"21.04.100. 1. If the subje ed to have been eligible for designation and inclusi n . er, the City may apply all or some combination of the IJ. ies spec in C 21.08.050 (A). 2. If the s t prop is determined to have been ineligible for designation and inclusion 0 L Register, the City may still enforce any other penalties specitied in t ula Vista Municipal Code. , C. Relief from CVMC 2\.08.050 (A) and (B) Requests for relief may be granted at the discretion of the Council if the applicant applies for relief and pays associated fees and one or more of the following facts exists: 1. The subject property's integrity had been diminished or lost because of natural or unintended disaster and the extant portions of the subject property present an immediate hazard or dangerous conditions or cause a detriment to public health and safety as defmed in the current adopted Uniform Building Code or Uniform Housing Code, or 2. The Council tinds that finds 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 property: City ofChula Vista Historic Preservation Ordinance 5-25-tO Page n of 25 ATTACHMENT 1 Draft HPO 1-24 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. 3. The request for relief shall be referred to Council for action with a recommendation from the HPC. 21.09 MAINTENAi'lCE AND REPAIR 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, stablization, rehabilitation, restoration, and preservation historical resources in a manner consistent with federal and state standards. 21.09.020: Required Maintenance for Historical Reso, e A. All property owners of historical resources sh~flihave the onsibility preserve and maintain the elements of historical signific'llll f" e histori, )i1r€source, and, where necessary and feasible, restore and rehabi It ,perty, irf accordance with the rules and regulations published by the Secretary of t . or and as amended from time to time. ' B. Owner shall maintain all buildings, s manner which does not detract from tll The following conditions hibite 1. Dilapidated, deteri : I111 '. unrepa "rl"structures, such as: fences, roofs, doors, ~ ,p walls and window , ",I 2. Scrap lumber n , 3. Abandone objects or equipment, such as automobiles, automob s, furn' e, s ves, refrigerators, cans, containers, or similar items; 4. Stagnant. wa "i i~I~, e~ca tio~s, including pools or s~as; . ... " 5. Any deVIce, de~~I~t,~,~IP' desl!P1:' structure o~ veget~tlo? whIch dlmlmshe~ the hlstonc character due to It~:llwr~lght, unSIghtly condltlon, or ItS mappropnate 10catlOn. C. In the case that a propfrty 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 CVMC 21.11.010. ard~" d other improvements in a of the immediate neighborhood. 21.09.030: Hazardous or Unsafe Conditions Regulations established in this chapter shall not prevent alterations, demolition, or removal of a historical resource if the current conditions of said resource results in a threat to public safety. Such threats are to be certified by the City's Building Official in a written recommendation to the HPC. The HPC shall accept the recommendation of the City's Building Official and shall provide input on any proposed alterations or relocation of the said historical resource. 21.10 INCENTIVES & BENEFITS Ai'll) EXEMPTIONS City ofChula Vista Historic Preservation Ordinance 5-25-10 Page 23 of 25 ATTACHMENT 1 Draft HPO 1-25 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 Chub Vista HPP- Incentives and Benefits Section. 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 unpennitted alterations to historical resources. Funds from the HPCF may be made available at the discretion of the Council, and may support future City approved preservation planning activities including but not limited to historical resource survey projects, preparation of Historic Structure Reports or Cultural 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. 21.10.030: Economic Hardship Exemption Consideration for an economic hardship exemption fro may be requested pursuant to CVMC 3.45.010. 21.11 ENFORCEMENT & PENALTIES .. 21.11.010: Enforcement & Penalties "iII11'1 The City shall implement any necessary legal~ttc1~?p to en" the provisions contained in this chapter. A violation of any provision of this dIPP~~\il~~II'~ihlre to comply with a condition of I . I h'b' d d' '111>,"'''' d IIII~ h' h . dd" d approva IS express y pro lite . e les spei(!tJe uDuer t IS C apter are m a ItIon to an do not supersede or limit CVM 30, C~C 19.080.040, and CVMC 1.20 through CVMC 1.4l. The remedies erein ~~'cumulative and not exclusive. In any such action, the City may seek ' r~wing remedies: A. A tempor , r p r n ction. E. Assess~~~~IIIf?f the vio" ,or D he costs of any investigation, inspection or . . '1,11,,,,, h 1IIIId h bl' hm f h . I' d " h momtonng sm~y t at to t e esta IS ent 0 t e VIO atlOn, an lor t e bl 'lll" f Ili~. db" I I' d h' b . reasona e cos 'SI QI prepanng an nngmg ega actIOn un er t IS su sectIOn. 1111111111111111111111'"' 21.12 NOTICE, FEES Al'!D APV~ALS . 21.12.010: Notice For actions that require an administrative consideration, notice of the time, place and purpose of such consideration shall be given in the manner set forth in CVMC 19.12.070 (A) (B) and (C). For actions that require a public hearing, notice of the time, place and purpose of such hearing shall be given in the manner set forth in CVMC 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 City ofChula Vista Historic Preservation Ordinance 5-25-10 Page 24 of 25 ATTACHMENT 1 Draft BPO 1-26 The applicant or any other interested party may appeallhe 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 found in the City's HPP and a fee as presently designated, or as may in the future be amended, in the master fee schedule for appeals of historic preservation matters. A. ZA Decisions: Appeals of ZA decisions shall be considered by the HPC. B. HPC Decisions: Appeals of the HPC shall be considered by City Council. 21.13 SEVERABILITY 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 th lid portion. In adopting this chapter, the Council at1irmatively declares that it would hall!' roved and adopted the chapter even without any portion which may be held invalid or url~nfo .. ble. '1llto ,> City ofChula Vista Historic Preservation Ordinance 5-25-10 Page 25 of 25 ATTACHMENT 1 Draft HPO 1-27 2.43 mSTORIC PRESERVATION COMMISSION Sections: 2.43.010 Creation. 2.43.020 Purpose and intent. 2.43.030 Functions and duties. 2.43.050 Term of office. 2.43.040 Membership. 2.43.060 Operation of commission. 2.43.010 Creation. There is hereby created a It is the purpos ' inten( . city council in establishing the historic preservation comm . on tOili!I,1 reate a commission that meets the Certified Local Government re,,!1 ents which would serve as the authority on historic preservation m ers and to advise and make recommendations related to historic preservation to the city cOlillcil and other city boards and commissions as is mandated by the historic preservation ordinance. 2.43.030 Functions and duties. The function and duties of the historic preservation commission shall be as follows: A. Uphold the goals and policies of the general plan related to Historic Preservation. B. Carry out the purpose and intent of the historic preservation ordinance. ATTACHMENT 2 Draft Chula Vista Municipal Code 2.43 1-28 C. Assist staff in the development and maintenance of a certitied Historic Preservation Program that calTies out the provisions of the National Historic Preservation Act and the Certified Local Government Program established under said act. D. Ensure that appropriate historic contexts are identified and utilized for resource interpretation, evaluation, and recognition. E. Provide direction to staff for the preparation and maintenance of a historical resources survey of recognized and potentially. historically and architecturally significant structures and areas. F. Approve designations of historical resources to the city of Chula Vista Register of Historical Resources. G. Recommend to city council deletions from the city of Chula Vista Register of Historical Resources. H. Grant or deny applications for permit demolition, or major alterations of historical resources. 1111111' . ~IIII . II~,. 1. Grant or deny appeals from dec' lIons of the jng Administrator for applications of minor alter ,his tori 'al resources. J. Encourage public understanding 0 involvement in the unique historical, architectural, d~;:; viron al heritage of the City through educational progd K. Explore means a "M port Ie' entation strategies for the . iliilllll'd h" I h" protectIOn, ret,~ . use ",any lstonca resource, lstonc district, or potenlil~,!ljtt' resource or district. L. Support tives and benefits for the protection, retent} . and pr 'I Iii rv. o~ of historical r~sources. .. . . M. To grant eny" phcatIOns for propertIes to partICIpate m CIty approved hI'" preservation incentive programs including but not limited to,' e Mills Act Property Tax Abatement Program. N. To encourage private efforts to acquire property and raise funds on behalf of historic preservation. O. To recommend and encourage the protection, enhancement, appreciation and use of structures of historical, cultural, architectural, community or aesthetic value, which have not been designated as historical resources but that deserve recognition. P. To encourage the cooperation between public and private historical and cultural preservation groups. Q. To advise the City Council and other boards, commissions and committees as necessary on historic preservation issues. R. To perform any other functions to safeguard the city's historic, aesthetic, social, economic, political and architectural past ATTACHMENT 2 Draft Chula Vista Municipal Code 2.43 1-29 2.43.040 Membership. The historic preservation commission shall consist of seven members to be appointed by the mayor and confirmed by the city council from the qualified voters of the city in a manner prescribed in accordance with the provisions of Section 600, et seq., ofthe city Charter. A minimum of three (3) members shall be appointed from among professionals in the disciplines of history, architecture, architectural history, planning, archeology, folklore, cultural anthropology, curation, conservation, landscape architecture or related disciplines. In addition, all seven members shall demonstrate an interest, competence or knowledge in historic preservation. 2.43.050 Term of office. The members shall serve for a term of four yea p,suant to city Charter . 60? E h b h II .~ ",m,,, ", '""111111"" . d 1 . d sectIOn _. ac mem er s a serve unt,l ",m~' succeSSf\lII[ IS u yappolllte ii' ""111111"" and qualified, and all vacancies shall be...t1i, d'" r the un;e~pired term of the member whose seat has become vacant A. Frequency, Time an,cl~Place of ,egular Meetings. The commission h 11 h ld I ,~I!!;."'IIIIIII "'I,:!" h h . s a 0 at east"b';~i re1?i~ ar melllllg eac mont ,at a time as d t . db t 1,111~,,j,,,"IOOI'~I~ . e ermllle ' ." Isslo'fil!" B. Officers o~II" n. e commission shall select a chair and a . h ..nl!c:" .. b Th h' d' h' vlce-c aIr "r,01m amo ' ItS vOtlllg mem ers. e c aIr an vlce-c air "'111111" llil' . so selected sf/a erv,~ for a penod of one year. . C. Special Meeting, I~e commission may meet specially at such other times, days and p' aces as it shall establish by majority vote, or at such time as the chair thereof may call a meeting. D. Conduct and Notice of Meetings. The meetings of the commission, and notice thereof, shall be governed by the same rules and regulations by which the city council is bound in the conduct of public meetings. E. Quorum. Four voting members shall constitute a quorum for the transaction of business. F . Voting. A majority of the votes cast, but not less than a majority of the quorum, shall be required for the passage of any item or resolution of the commission. 2.43.060 Operation of commission. ATTACHMENT 2 Draft Chula Vista Municipal Code 2.43 1-30 G. Reports and Recommendations. All reports and recommendations shall be made in writing. H. Staff Support. All officers and department heads shall cooperate with, and render reasonable assistance to, the commission. The city manager may make available staff and clerical support to the commission to fulfill its functions and duties, provided such staff and clerical support is available. 1. Rules and Regulations. The commission may make such mles and regulations not inconsistent with the provisions ofthis chapter. ATTACHMENT 2 Draft Chula Vista Municipal Code 2.43 1-31 HISTORIC PRESERVATION PROGR~M TABLE OF CONTENTS I. Preface 1. Executive Summary 2. Historical Overview of Chula Vista 3. Building by Decade Map 4. Certified Local Government ' 5. Guidelines for Historic Contexts I. National Register Bulletin II. Regulatory Framework 1. Legal Basis for Historic Preservation 2. General Plan Policies 3. Historic P reservation Ordinance III. Historical Resources 1 . Sur veys I. DPR Forms II. Survey Examples III. Matrix of Surveyed Properties 2. Register of Historical Resources (Local Register) I. Guidelines for Maintenance, update and distribution II. Designation Procedural Guide III. Application IV. Guide to Historic Property Research V.FAQ VI. Matrix of Designated Historical Resources 3. Districts I. Application II. Matrix and Map of Designated Districts III. Procedures and Guidelines for Creating A District 1 .National Register Bulletin 4. Modifying Districts I. Application II. Procedures and Guidelines .:::,Wc- ~..; =0. CHULA VISfA @./:> 1 Page I 1-32 ATTACHMENT 3 HISTORIC PRESERVATION PROGRAM IV. Historic Preservation Projects 1. Historical Resource Eligibility I. Process II. Eligibilty Form Ill. Guidelines 1 .National Register Bulletin 2. Certificate of Appropriateness 3. Expert Technical Analysis I. Procedures and Guidelines II. Examples 4. Demolition and Relocation (COA is required) I. Procedures and Guidelines II. Application 5. Environmental Review I.CEQA II. NEPA Ill. NHPA IV. Guidelines 1. National Register Bulletin 6. F ire Protection of Historic Structures I. Requirements II. Examples of F ire Protection Plans V. Design Guidelines 1. Secretary of the Interior Standards I. Preservation II. Rehabilitation Ill. Restoration IV. Reconstruction 2. Guidelines and Procedures I. National Register Bulletin 3. State Historical Building Code VI. Incentives and Benefits VII. Reference Resources .::S-If? ~-~ =~ CHULA VISTA e.5h 1 Page 2 1-33