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HomeMy WebLinkAbout2011/07/19 Item 08CITY COUNCil AGENDA STATEMENT ~, w~i n...:. Cily of ~' CHUTAVISfA JiJLY 19, 2011, Item ITEM TITLE: PUBLIC HEARING TO CONSIDER THE CITY OF CHULA VISTA HISTORIC PRESERVATION PROGRAM, HISTORIC PRESERVATION ORDINANCE, AND OTHER IMPLEMENTING ORDINANCES. A.) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA HISTORIC PRESERVATION PROGRAM. B.) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE BY INCLUDING A NEW SECTION AS TITLE 21, HISTORIC PRESERVATION. C.) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE BY INCLUDING A NEW SECTION IDENTIFIED AS CHAPTER 2.43 ENTITLED HISTORIC PRESERVATION COMMISSION. DJ ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 2.32 REMOVING THE DUTIES OF HISTORIC PRESERVATION FROM THE RESOURCE CONSERVATION COMMISSION. E.) ORDINANCE OF THE CITY OF CHULA VISTA MODIFYING THE ZONING ADMINISTRATOR FUNCTIONS BY AMENDING MUNICIl'AL CODE SECTION 19.14.020 ENTITLED ZONING ADMINISTRATOR -CREATION OF POSITION, AND SECTION 19.14.030 ENTITLED ZONING ADMINISTRATOR - ACTIONS AUTHORIZED WITHOUT PUBLIC HEARING, TO INCLUDE HISTORIC PRESERVATION AUTHORITY. F.) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 19.56 BY ADOPTING MUNICIPAL CODE SECTION 19.56.300 ENTITLED HISTORIC PRESERVATION MODIFYING DISTRICT- PURPOSE; AND SECTION 19.56.310 HISTORIC PRESERVATION MODIFYING DISTRICT- APPLICATION 8-1 Item No.• Meeting Date: 07/19/11 Page 2 of 15 SUBMITTED BY: REVIEWED BY: G.) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 15.44 BY ADOPTING NEW MUNICIPAL CODE SECTION 15.44.055 ENTITLED DEMOLITION, REMOVAL OF HISTORICAL RESOURCES -PERMIT REQUIRED - FEE H.) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2011-12 DEVELOPMENT SERVICE DEPARTMENT BUDGET (GENERAL FUND) TO APPROPRIATE FUNDS TO SUPPORT THE HISTORIC PRESERVATION COMMISSION (4/5`"s vote required) ASSISTANT CIT~ MAN GER/DIltECTOR OF DEVELOPMENT SERVICES CITY MANAGE 4/STHS VOTE: YES ~ NO L~=~ SUMMARY In May 2007, the City Council (Council) approved a work program that directed staff to develop a comprehensive Historic Preservation Program (Program) and a Historic Preservation Ordinance (Ordinance). The results of that effort are the Program and Ordinances being presented for Council consideration. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Sections 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it adopts regulations which allow for preservation of historical resources in the City of Chula Vista. Thus, no further environmental review is required. a-z Item No.: Meeting Date: 07/19/11 Page 3 of 15 RECOMMENDATION That City Council: 1. Adopt Resolutions and Ordinances listed as Attachment A thru H of this report approving the Historic Preservation Program, the Historic Preservation Ordinance, formation of a Historic Preservation Commission; and other associated implementing ordinances; and 2. Adopt the Resolution amending the FY 2011-2012 Development Services Budget to add funds to support the Historic Preservation Commission (4/5~"s vote required); and 3. Authorize staff to proceed with a Historic Resources Survey consistent with the work program framework outlined in this report and provide any further input or direction. BOARDS/COMMISSION RECOMMENDATION 1.) At their June 13, 2011 meeting, the Resource Conservation Commission voted 4-0-0-1 to recommend that the City Council approve the Historic Preservation Program, Historic Preservation Ordinance and all implementing ordinances and recommended that the City Council consider increasing the fine that is proposed for unlawful demolition (Ordinance section 21.08.050 (D)). (Attachment I) 2. At their May 25, 2011 meeting, the Planning Commission voted 5-1-0-1 to recommend that the City Council approve the Historic Preservation Program, Historic Preservation Ordinance and all implementing ordinances and voted 5-1-0-1 to approve Resolution PCM-04-10 recommending that the City Council amend the Chula Vista Municipal Code concerning modifying districts, with the caveat that the Resource Conservation Commission recommend approval of the Historic Preservation Program and Historic Preservation Ordinance. The Planning Commission also recommended that the City Council consider not assessing fines and penalties for delisting if it is found that the cause of delisting is no fault of the property owner (Ordinance section 21.05.060 [3]). (Attachment J) DISCUSSION The City Council has been provided a document packet that includes the following as Attachments: • Attachment A: The Historic Preservation Program binder; and • Attachment B: The Historic Preservation Ordinance; and • Other related Council Ordinances for municipal code amendments as follows: o Attachment C: Proposed Chula Vista Municipal Code Chapter 2.43 that would establish a Historic Preservation Commission that will take on the historic preservation duties and responsibilities of the Resource Conservation Commission. o Attachment D: Amended Chula Vista Municipal Code Chapter 2.32 removing the duties of Historic Preservation from the Resource Conservation Commission. o Attachment E: Amended Chula Vista Municipal Code sections 19.14.020, 19.14.030, and 19.14.035 to include minor historic preservation actions as under the authority of the Zoning Administrator. 8-3 Item No.: cPS Meeting Date: 07/19/11 Page 4 of 15 o Attachment F: Proposed Chula Vista Municipal Code section 19.56.310 establishing Historic Preservation Modifying Districts that would allow for flexibility in zoning regulations within designated historic preservation districts. o Attachment G: Proposed Chula Vista Municipal Code section 15.44.055 to require review of proposed demolition permits of potential historical resources. o Attachment H: Proposed Resolution to appropriate funds to support the newly formed Historic Preservation Commission. (4/5`n vote required) The body of the report provides the background of the public outreach process, an overview of the Ordinance and Program sections and content and highlights of comments received from stakeholders and changes made as a result of those comments (Table 1). Public Outreach Process In 2007, Council approved a historic preservation work program to develop a comprehensive historic preservation program that would include a historic preservation ordinance. To assist with this task, an interim Historic Preservation Advisory Committee (Advisory Committee) was appointed by the City Council in July 2007 to collaborate with staff in the development of the Program and Ordinance. The Advisory Committee held approximately twelve meetings and diligently worked with staff in developing the concepts and content of the Program and Ordinance. The Advisory Committee completed its base work and provided recommendations in August 2008. In April 2010 the Advisory Committee was reconvened to review and provide final continent on the draft documents. Staff finalized the draft documents (2010 Draft Ordinance) based upon the recommendations of the Advisory Committee and commenced the public outreach effort. Staff s public outreach of the drafr ordinance to stakeholders began in May 2010. The public outreach included a joint workshop with Council, Planning Commission, and the Resource Conservation Commission, three public workshops, and presentations to the following community groups: • Chamber of Commerce Economic Development Committee; • Chamber of Commerce Board of Directors; and • Pacific Southwest Association of Realtors Government Affairs Committee. As part of this process, staff distributed the draft documents that were approved by the Advisory Committee to all stakeholders including a copy of the Program document table of contents and 2010 Draft Ordinance, along with staffs contact information. It was also posted to the City's website. Stakeholders were asked to review and provide comment on the 2010 Draft Ordinance. The Ordinance presented for Council consideration reflects revisions made to the 2010 Draft Ordinance as a result of comments received from the public outreach process. Most comments received through the public outreach process were associated with the following three sections of the 2010 Draft Ordinance: 1.) Designation of an Exceptional Historical Resource; 2.) Geographic Historic District Formation; and 3.) Eligibility Determination. 8-4 Item No.: Meeting Date: 07/19/11 Page 5 of 15 As mentioned above, comments received through the public outreach process and the Ordinance revisions made as a result of those comments are presented in Table 1. Historic Preservation Ordinance The Ordinance is the regulatory foundation of the Program. It is structured into sections that are intended to lead the user through the historic preservation process and provide the user references of where further information can be found in the Program. The Ordinance is comprised of key sections, which aze further described below. The discussion of each section also identifies whether there were stakeholder comments, and if so, those comments are presented in Table 1. The sections of the Ordinance (Attachment B) aze as follows: 1. Definitions 2. Historic Preservation Commission 3. Historical Resource Surveys 4. Designation of Historical Resources 5. Historic Preservation Districts 6. Alterations of Historic Resources 7. Demolition of Historical Resources 8. Incentives and Benefits. Definitions The Ordinance has an extensive definitions section (Attachment B, Section 21.03) to assist the user in understanding the terms used throughout both the Ordinance and Program. The terms are generally consistent with national and state historic preservation program definitions. The following five (5) terms are essential to understanding the Ordinance: a. Potential Historical Resource - a resource 45 years or older that may meet the criteria for designation. b. Eligible Historical Resource -listed in a historical resource inventory or survey as being significant, or that has been substantiated through documentation to be eligible for designation as a historical resource. c. Historical Resource - An Eligible Historical Resource or a resource previously designated as a historical resource on the City's local register. d. Minor Alteration -Alterations to historical resources that require a building permit such as: the installation of new windows and doors where the original window or door opening is not enlarged, reduced or altered or additions that are greater than 144 square feet and less than 499 square feet e. Major Alteration -Alterations to historical resources that are more significant such as additions to a structure or site that exceed 499 square feet. Stakeholder Comment: None received Historic Preservation Commission The Ordinance establishes the Historic Preservation Commission (HPC). The HPC would be comprised of state qualified historic preservation professionals and at large members, all of 8-5 Item No.• ~ Meeting Date: 07/19/11 Page 6 of IS whom have, an interest, knowledge, and experience in historic preservation. As the new City commission with authority over historic preservation, the HPC would inherit the historic preservation duties that aze currently vested with the Resources Conservation Commission (Attachment B, Section 21.10) Stakeholder Comment: 1 member should be a California licensed Realtor. Historical Resource Surveys (Surveysl Historical Resource Surveys are systematic, detailed examinations of an area used to identify and evaluate what, if any, historical resources there are within that area. When completed, surveys become an important tool for determining historic resource eligibility based on the criteria provided in Section 21.04.100 of the Ordinance. The Ordinance provides procedures for the conduct of Surveys including the use of State-approved forms. These forms include detailed information about the historical significance and features of a resource and the assignment of a California Historical Resource Status Code, which identify the level of eligibility (local, state, or national). A survey also identifies those resources not eligible or not evaluated (Attachment B, Section 21.04). Stakeholder Comment: Several stakeholders felt that a survey should be completed as soon as possible in order to alleviate concerns about the extent of the number of properties that could be subject to the proposed historic review processes. A Survey Work Program proposal is included in this report. Designation of Historical Resources The Ordinance provides the criteria and findings of fact for listing of historical resources on the local register or designation. The local register is a listing of the City's designated Historical Resources, which may be used as a reference tool to ensure that historical resources are identified and protected. Listing on the local register is voluntary unless the historical resource is determined to be an exceptional resource. An exceptional historical resource is a resource that Council has determined is invaluable to the heritage of Chula Vista because it has been found through Expert Technical Analysis to be the best representative sample or the last one of its type and that the loss of that Resource through demolition, removal, or alteration would cause a significant loss to the City's history and environment (Attachment B, Section 21.04). Stakeholder Comment: See Table 1 (Exceptional Historical Resource). DelistinQ of Historical Resources The Ordinance includes a section on delisting of historical resources (Attachment B, Section 21.05). Delisting of a historical resource is strongly discouraged, however, if it is substantiated through documentation to meet the findings of fact required for delisting in the Ordinance and upon a recommendation of the Zoning Administrator and the HPC, then Council may vote to delist the resource. The recommendation by the Zoning Administrator and HPC for delisting is required to include a recommendation for recovery of costs associated with any benefits the property owner may have received for the designation of the historical resource. Section 21.05.060 states that if it is found the cause for delisting is at no fault of the property owner then the ZA and HPC may make a recommendation to waive any applicable fines and penalties. S-6 Item No.: Meeting Date: 07/19/11 Page 7 of 15 Stakeholder Comment: The Planning Commission recommends that Council consider waiving all fees and penalties if it is found that the delisting is at no fault of the property owner. Historic Preservation Districts The Ordinance provides a process for designation of Historic Preservation Districts (HPD's). There aze two types of HPD's: Geographic Historic Preservation Districts (GHD's) and Thematic Historic Preservation Districts (THD's). Both the GHD and the THD provide the opportunity for a grouping of historical resources that are related to one another in some way (geographically or by theme) to be designated as a group (district). The Ordinance proposes that 75% of the property owners within a GHD consent to apply and start the process for the GHD designation while a minimum of ten (10) property owners are required to apply for a THD (Attachment B, Section 21.06). Stakeholder Comment: See Table 1 (Geographic Historic Preservation District). Modifying Districts The proposed Ordinance proposes that Chula Vista Municipal Code Chapter 19.56, Modifying Districts, be amended to add a Historic Preservation Modifying District (HP Modifying District). Modifying districts permit special regulations where appropriate or necessary in addition to the basic regulations of an underlying zone. An HP Modifying District would assist in the preservation of historical resources by providing flexibility of zoning regulations within designated HPD's. As with other modifying districts, the HP Modifying District regulations would take precedence over the otherwise applicable regulations of the underlying zone. (Attachment B, Section 21.06.070 - 21.06.110) Alterations of Historical Resources Protection of historical resources includes the avoidance of alterations that may diminish or eliminate historically significant features of the historical resource. The Ordinance sets up a process to determine if a resource is historically significant. If a resource is determined to be historically significant then a permit, Certificate of Appropriateness (COA) for alterations to the historical resource would be required. In the Ordinance, alterations to historical resources are categorized as either Minor Alterations or Major Alterations and require either Zoning Administrator approval for Minor Alterations or Historic Preservation Commission approval for Major Alterations (Attachment B, Section 21.07 and 21.08). Stakeholder Comment: See Table 1 (Eligibility Determination). Demolition of Historical Resources The Ordinance establishes that demolition of a historical resource is a discretionary action and subject to a COA as a Major Alteration. As such, demolition of a historical resource would require review by the HPC (Attachment B, Section 21.08). Stakeholder Comment: See Table 1 (Eligibility Determination) $-~ Item No.• Meeting Date: 07/19/11 Page 8 of 15 Incentives and Benefits Historic Preservation incentives and benefits are important to the protection of historical resources. The Ordinance authorizes the use of local, state, and federal incentives to assist in the restoration, maintenance and rehabilitation of historical resources. Historic Preservation Program The Program is divided into seven (7) sections and is intended as a reference resource acid procedural guide for historic preservation in Chula Vista. Each section of the Program contains relevant materials for that section topic. The Program is a working document that directly corresponds with the Ordinance. The Ordinance refers the user back to the Program to find the appropriate process guides, applications, and subject matter information necessary for implementation of the Ordinance (Anachment A). The sections of the Program are as follows: Preface The Preface section includes the Executive Summary, Historical Overview of Chula Vista, and national and state certification information. This section is intended to provide the Program user the background on the City's historic preservation goals and objectives, including Certified Local Government (CLG) status. This section also includes the history of development and planning efforts in Chula Vista. Regulatory The Regulatory section provides the framework for the legal basis for historic preservation. It contains the City's General Plan policies on historic preservation and is where the user can find a copy of the Historic Preservation Ordinance, Chula Vista Municipal Code Title 21. Historical Resources The Historical Resources section includes the forms, applications, and guidelines for historical resource surveys and historic designation. It also includes City inventories of surveyed properties, and the City's Register of Historical Resources. This section also includes information and procedures for the designation of districts and the adoption of HP Modifying Districts. The Zoning Administrator has the responsibility to ensure that the local register is maintained, updated & distributed accordingly. Historic Preservation Proiects The Historic Preservation Project section assists the user in determining what is considered to be a historical resource and the process required to alter a historical resource. This section includes information on how to determine the eligibility of a resource, the Certificate of Appropriateness process, Expert Technical Analysis procedures, guidelines and examples, demolition procedures and guidelines, and Fire Protection Plan guidelines. Design Guidelines This section is intended to assist property owners, developers, architects, and others in making decisions about the appropriate treatment of historic resources when planning repair, rehabilitation, restoration, landscape, or new construction projects. The Design Guidelines Section is comprised of the Secretary of the Interior's Standards for the Treatment of Historic 8-8 Item No.• Meeting Date: 07/19/11 Page 9 of 15 Properties and the State Historic Building Code, which owners of historical resources are eligible to use, in lieu of standard building regulations, in order to retain character-defining architectural elements and features of a historical resource. It is also where the user would find historic preservation district design guidelines that may be adopted as part of a historic preservation district designation. Incentives and Benefits This section includes information on what local, state, and, national incentives and benefits are and the application and procedure guides necessary to attain access to those incentives and benefits. This section also includes information on incentive programs that the City previously adopted, such as the Mills Act Program, which is a property tax reduction program for designated historic sites. References and Resources This section provides the Program user access to additional local, state, and federal resources that are available for further information on historic preservation. Historic Preservation Commission As mentioned previously, the Ordinance establishes that the HPC would serve as the authority on historic preservation matters. Proposed Chula Vista Municipal Code Chapter 2.43 would create the HPC (Attachment C). The HPC would meet one of the requirements necessary for the City of Chula Vista to receive CLG status, which is one of Chula Vista's General Plan policies. CLG status provides the added value for the reputation of a local government's historic preservation program and provides a local government access to technical advice and grant monies that it would not otherwise qualify for. The HPC would also advise Council and other City boards and commissions on historic preservation matters, as needed. The HPC would be comprised of seven members, with a minimum of four (4) members appointed from among professionals in the disciplines of history, architecture, architectural history, planning, pre-historic archeology, folklore, cultural anthropology, curation, conservation, landscape architecture or related disciplines. In addition, as proposed, at least one member should be a California licensed real estate agent and all seven members shall demonstrate an interest, competence or knowledge in historic preservation. The duties of the HPC would include, but would not be limited to, the following: 1. Approve designations of historical resources to the City of Chula Vista Register of Historical Resources. 2. Recommend to City Council deletions from the City of Chula Vista Register of Historical Resources. 2. Grant or deny applications for permits for demolition, or major alterations of historical resources. 3. Grant or deny appeals from decisions of the Zoning Administrator for applications of minor alterations of historical resources. 8-9 Item No.: ~j Meeting Date: 07/19/11 Page 10 of 15 A Budget appropriation is necessary to fund the newly created HPC. Staff estimates that $2,825.00 would be needed during the current fiscal year to support the Commission. Adoption of a resolution to appropriate the funds for the support of the Commission is included as part of the recommended action (Attachment H). The duties related to Historic Preservation are currently vested with the RCC. A companion ordinance amends Section 2.32 of the Municipal Code to remove these duties from the RCC (Attachment D). TABLE 1-Public Comment and Ordinance Revisions Table 1 below shows the public comments received on the 2010 Draft Ordinance and the revisions made as a result of these comments. Designafion of an Exceptional Historical Resource An Exceptional Historical Resource is defined in the'Ordinance as a resource thaY,City Council has determined is invaluable to the heritage of Chula'Vista. The 2010 Draft Ordinance proposed..' that anyone could apply for an ExceptionaLHistorical Resource designation and that a simple majority of Council could designate the resource as Exceptional without owner consent. '.2010 Draft Ordinance Public Comment. `Ordinance Revisions Anyone may apply An application should be CVMC section 21.04.090 (B.) substantiated by more than Requires that to initiate anon- one (1) person. owner application 1. A minimum of ten (10) City residents shall apply, or 2. HPC shall make a recommendation; or 3. By a majority vote of Council Simple Majority of Council to A simple majority is too low CVMC section 21.04.100 (2.) designate of a threshold to designate (C.) Requires a 4/5`h vote of without owner consent. Council for designation of an Exceptional Historical Resource. Fees A property owner should not CVMC section 21.04.090 have to incur fees associated (B.)(i.) Language was added with an Exceptional to clarify that applicants shall Historical Resource pay all fees and costs designation request that is associated with the processing brought forward by someone of the Exceptional Historical else. Resource desi ation. 8-10 Item No.: C Meeting Date: 07/19/11 Page ll of 15 Geographic Historic District Formation A Geographic Historic District is a group of resources within a geographically definable area related to one another historically. The 201'0 Draft Ordinance. proposed:that a simple majority of 51 % of property owners. could apply for designation as a GHD: 2030 Draft ' Public Comment Ordinance. Revision A minimum of 51% of property 51% of the property CVMC section 21.06.030 owners within a proposed district owners do not represent a Requires that 75% of all to apply for designation as a large enough percentage of property owners within a GHD. property owners to consent proposed GHD boundary shall to the formation of a be required to apply for the district. GHD. Eligibility Determination A potential hstoriea2 resource is a resource that is 45 yeazs or older that may meet the criteria for designation. The Ordinance proposes review of alterations to historical.. resources, including otential historical resources. 2010 draft Public Comment Ordinance Revision The Zoning Administrator has the How will the eligibility CVMC section 21.07.020 was authority to require an applicant process work? added to clarify how the to provide further documentation eligibility determination to determine eligibility (historical Will the eligibility process process would work. To avoid significance) of a resource. result in delays and more additional time and costs of costs to the applicant? adding a new process, the City will make all reasonable effort to determine eligibility as part of the building permit review rather than creating an entirely se orate review rocess. To further address concerns with eligibility determination, statf has devetopea a msroncai resources survey work program for Council consideration that would help identify those resources that are not historically significant and evaluate those that are potentially historic. Staff anticipates commencing the survey work program shortly afrer Council adoption of the Program and Ordinance. Additionally there is an Eligibility Determination Section in both the Ordinance and the Program that provides the user information on when and how to determine the eligibility of a resource (Attachment B, Section 21.07.020). Other sections of the Ordinance were also revised for clarity and format. Historic Resources Survey Work Program As mentioned above, an important next step in implementing the Program is to undertake a Historic Resources Survey (Survey). Staff requests that Council provide authorization and any related direction to staff to proceed immediately with carrying out the Survey work program consistent with the framework outlined below. Staff proposes to accomplish the Survey through athree-phased process that will utilize both City staff and a consultant with expertise in the field of preservation. Following direction from 8-11 Item No.: Meeting Date: 07/19/11 Page 12 of 15 the City Council, staff will move forward on preparing a Request for Proposals (RFP), a contract, and hiring of a qualified consultant. The Survey will cover those sections of the City that have the most potential to have Eligible Historic Resources (resources that are 45 years or older and appear to meet the City's criteria for designation). The Survey will identify both Eligible Resources and those properties that are not Eligible so that future building permit applications for those properties will not trigger any level of historical review under the Ordinance. Phase One - Preparation of the Historic Context The first phase of the Survey Work Program will be for staff to prepare a Historic Context statement that will be used as the framework of the Survey. Staff will include interested stakeholders in the development of the Historic Context. This phase will take 8-10 weeks to complete. Phase Two -Windshield Survev The next phase in the survey process will be a windshield survey to be conducted by a consultant. The windshield survey will he]p to cull the number of potential Eligible resources considerably. This survey will first focus on azeas in both the southwest and northwest that have never been surveyed and azeas in the northwest that were previously surveyed but the survey information does not meet current State survey standards. Staff will present the findings of the windshield survey to the HPC before embarking on the third phase of the Survey Work Program. Once this phase is completed those properties that are not potentially eligible will have been identified and will require no further study under the ordinance. This phase will take approximately 4-6 weeks to complete. Phase Three -Detailed Survev The third phase of the Work Program will be a more detailed survey of each property identified through the windshield survey as potentially Eligible. During this step a State survey form will be prepared for each site. All completed survey forms will be brought back to the HPC for final consideration and adoption of the Survey through a public hearing. The final phase of the Survey will take approximately 8 to 10 weeks to complete depending on the number of properties that need to be surveyed. Upon adoption of the Survey staff will ensure that all City records and databases are updated to reflect the findings of the Survey so that this information is readily accessible to homeowners, realtors and other interested parties whenever necessary. Funding for the Survey program has been budgeted through several sources including approximately $42,000 in the Development Services Department FY2011-12 budget (Attachment I), $25,000 that was donated by the Historic Homeowners in 2007, and $5,930 that was raised from the Colonel Dickinson Home Tour Ice Cream Social historic survey fundraiser. Staff believes the above outlined survey work program can be accomplished within the available funding. Depending on the final dollar amount of the consultant contract staff may return to Council for contract approval. 8-12 Item No.: Meeting Date: 07/19/11 Page 13 of 15 CONCLUSION Taken together, the Program and Ordinance will provide an invaluable tool in assisting the City, property owners, developers, architects, and others in making decisions in the preservation of Chula Vista's historical resources. Therefore, staff requests that the City Council adopt the Historic Preservation Program, the Historic Preservation Ordinance, formation of a Historic Preservation Commission and all other proposed implementing ordinances. Staff also recommends that the City Council direct staff to proceed with the proposed Historical Resources Survey and approve Resolutions to appropriate funds to complete the survey work program and fund the HPC. DECISION MAKER CONFLICT The Fair Political Practices Commission (FPPC) has issued an Opinion with respect to Council Member Bensoussan's interest in the matter. The FPPC's Opinion is that although Council Member Bensoussan owns designated historical resources, she may vote on the matter because it is the opinion of the FPPC that it is not reasonably foreseeable that voting on the matter will have a material financial effect on her real property interest. No Property within 500 feet: Staff has reviewed the property holdings of the remaining City Council members and, with the exception of Councilmember Bensoussan, has found no property holdings within 500 feet of the boundaries of the property which is subject to this action. CURRENT YEAR FISCAL IMPACT Historic Preservation Program Staffing needs associated with administration of the proposed Program and Ordinance can be met with existing staffing levels under the approved FY2011-12, Development Services Department (DSD) general fund budget. Processing costs for certain historic-related projects and requests under the proposed Program and Ordinance (i.e. Certificates of Appropriateness, Historic Districts, Historic Signs) are proposed to be fully covered by application fees. The remaining types of historic applications, including Historic Designations and Mills Act Agreement applications, have previously been subsidized by the General Fund. Based on City Council actions taken on July 12, 2011 these two application types will continue to be subsidized by the General Fund at 50%, consistent with the City's Cost Recovery Policy. Historic Preservation Commission Formation of the proposed HPC will generate the need for support funding. Similar to funding for other City Boards and Commissions, an annual draft budget has been prepared for the HPC. The HPC draft budget for FY2011-12 estimates an annual cost of $2,825.00 for basic supplies and service costs. As noted above, professional and clerical staffing needs to support administration of the HPC can be covered with existing staffing levels under the approved FY2011-12 DSD budget. Staff recommends that the Council accordingly amend the FY2011-12 DSD budget and appropriate $2,850.00 from unanticipated revenue in the General Fund. 8-13 Item No.: Meeting Date: 07/19/11 Page 14 of 15 Historic Resources Survey As noted in the report, approximately $73,000.00 is already available through budgeted sources to fund the preparation of the proposed Historic Resources Survey. Staff will work with prospective consultants to finalize a work program and contract that can be completed within this available funding level. Any future survey work that may remain would be subject to future discussions and sepazate budgeting requests. It should also be noted that the proposed Program, Ordinance and HPC will likely qualify the City for Certified Local Government status, which, if obtained, may provide access to funding that would not otherwise be available to the City. ONGOING FISCAL IMPACT If current FY2011-12 Development Services Department staffing/resource levels are maintained going forward, the needs for ongoing administration of the Program and Ordinance are anticipated to be met. It should also be noted that the proposed Program, Ordinance and HPC would likely qualify the City for Certified Local Government status, which, if obtained, may provide access to funding that would not otherwise be available to the City. As mentioned above, future processing costs for certain historic-related projects and requests under the proposed Program and Ordinance (i.e. Certificates of Appropriateness, Historic Districts, Historic Signs) are anticipated to be covered by application fees that aze included as part of the citywide Fee Schedule, as may be amended from time to time. Applications for Historic Designation and Mills Act Agreement Applications will continue to be subsidized by the General Fund at 50%, consistent with the City's Cost Recovery Policy, unless otherwise revised by Council. Ongoing annual support for the HPC is currently estimated at $2,825.00/yr. for basic supplies and service costs. Staff will include those, or any revised costs as may be necessary based on HPC support experiences, as part of ongoing annual budget submittals for review and action by Council. As noted above, base professional and clerical staffing needs to support administration of the HPC aze anticipated to be met with existing staffing provided the staffing levels approved in the FY2011-12 DSD budget are maintained. ATTACHMENTS A. Historic Preservation Program (HPP) binder and Resolution adopting the HPP B. Council Ordinance adopting Title 21 (Historic Preservation Ordinance) C. Council Ordinance amending CVMC Title 2 to include Chapter 2.43 D. Council Ordinance amending CVMC Chapter 2.32 E. Council Ordinance amending CVMC Chapter 19.14 and sections 19.14.020, 19.14.030, and 19.14.035 F. Council Ordinance amending CVMC Chapter 19.56 to include section 19.56.310 G. Council Ordinance amending CVMC section ] 5.44.055 H. Resolution Amending the FY 2011-12 Development Services Department Budget I. Resource Conservation Commission meeting minutes, June 13~', 2011 8-14 Item No.: g` Meeting Date: 07/19/11 Page 15 of 15 J. Planning Commission meeting minutes, May 25`h, 2011 Prepared by: Lynnette Tessitore-Lopez, Associate Planner/Development Services Department J:IPlanninglLynnettelhistoric preservation workprogramlFinal documentlConsideration HearingslCouncillCity Council Agenda Statement 6-30-I L.docx 5-15 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA HISTORIC PRESERVATION PROGRAM WHEREAS, in 2007 City Council directed staff to develop a Historic Preservation Program that would protect the City's historical resources; and WHEREAS, staff developed a Historic Preservation Program that is intended to be a reference resource and procedural guide that will educate and inform both staff and the public on the City's goals, policies, and procedures for the preservation of historical resources; and WHEREAS, the Historic Preservation Program contains the appropriate process, applications, and subject matter necessary for implementation of the City's Historic Preservation Ordinance; and WHEREAS, the Historic Preservation Program will establish a predictable and consistent historical review process; and WHEREAS, the Historic Preservation Program will allow for future amendments, modifications and additions and will be updated and revised as needed to accommodate future needs of the City with regards to historic preservation; and WHEREAS, process and procedure updates and revisions to the Historic Preservation Program will be processed administratively by the Zoning Administrator or his/her designee; and WHEREAS, regulatory changes to the Historic Preservation Program shall require a recommendation of the Historic Preservation Commission and City Council approval; and WHEREAS, the Historic Preservation Program reflects sound planning principles that are internally consistent with the adopted General Plan; and WHEREAS, staff presented the Historic Preservation Program to the Resource Conservation Commission (RCC); and WHEREAS, the RCC recommended that the City Council adopt the Historic Preservation Program; and WHEREAS, staff presented the Historic Preservation Program to the Planning Commission; and WHEREAS, the Planning Commission recommended that the City Council adopt the Historic Preservation Program; and 8-16 Resolution No. Page 2 WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined Chat the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it adopts regulations which allow for preservation of designated historic districts and resources in the City of Chula Vista. Thus, no further environmental review is required. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the City of Chula Vista Historic Preservation Program. Presented by Gary Halbert, P.E., AICP Assistant City Manager/Development Services Director a-i~ Approved as to form by ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE BY INCLUDING A NEW SECTION AS TITLE 21, HISTORIC PRESERVATION WHEREAS, protection of Chula Vista's important Historical Resources is an objective of the Chula Vista General Plan, Chapter 5, Objective 12; and WHEREAS, it is a policy of the Chula Vista General Plan LUT 12.3 to adopt a Historic Preservation Ordinance that implements the goals established by the City Council and the document "An Evaluation of Historic Preservation in Chula Vista"; and WHEREAS, Title 21, a Historic Preservation Ordinance is proposed that will help protect Chula Vista's important Historical Resources through the identification and evaluation of Potential Historical Resources and preservation of those Resources that are determined to be historically significant; and WHEREAS, the proposed Historic Preservation Ordinance meets the requirements for certified local government status, as defined by the state historic preservation office, by establishing local legislation for the designation and protection of Historical Resources; and WHEREAS, the Resource Conservation Commission voted to recommend that the City Council approve the Historic Preservation Ordinance; and WHEREAS, the Planning Commission, also, voted to recommend that City Council approve the Historic Preservation Ordinance; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it is adoption of a Historic Preservation Program and Ordinance that will assure the protection of Historical Resources in the City of Chula Vista. NOW THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: Section I. Environmental Determination That the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the California Environmental Quality Act (CEQA) Guidelines (Cal. Code of Regulations, Title 14, Division 6, Article 3, Chapter 3) because it is adoption of a Historic Preservation Program, Historic Preservation 8-18 Ordinance No. Page 2 Ordinance, and all other implementing ordinances that will assure the protection of Historical Resources in the City of Chula Vista. The City Council further finds that no further environmental review is required. Section II. Consistency with General Plan The City Council finds that the proposed adoption of the Historical Preservation Ordinance is consistent with the goals, objectives, and policies of the Chula Vista General Plan as it will help to protect Chula Vista's Historical Resources, preserve stable residential neighborhoods, and enhance community image through preservation. The City Council further finds that the proposed ordinance is based on sound planning principles and practices that will provide for the protection and conservation of Historical Resources and that the proposed ordinance allows for the identification and preservation of Historical Resources and will assist the City in obtaining Certified Local Government Status pursuant to Section 101 (c) of the National Historic Preservation Act. BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby approve an ordinance of the City of Chula Vista amending the Chula Vista Municipal Code by including a new section identified as Title 21, entitled Historical Preservation, as follows: Section III. Title 21 HISTORIC PRESERVATION Chapters: 21.02 General Provisions 21.03 Definitions 21.04 Identification and Designation of Historical Resources 21.05 Delisting of Historical Resources 21.06 Historic Preservation Districts (HPD's) 21.07 Alterations of Historical Resources 21.08 Discretionary Projects and Demolition of Historical Resources 21.09 Maintenance and Repair 21.10 Incentives, Benefits and Exemptions 21.11 Enforcement and Penalties 21.12 Notice, Fees, and Appeals 21.13 Severability 21.02 GENERAL PROVISIONS 21.02.010 Title This chapter shall be known as the City of Chula Vista Historic Preservation Ordinance (HPO). 8-19 Ordinance No. Page 3 21.02.015 Enabling Authority This chapter is enacted pursuant to California Government Code section 37361(b); California Constitution Article I, section 7; and United States Code of Federal Regulations Title 36, Part 61. 21.02.020 Purpose & Intent The Chula Vista City Council (Council) declares that the identification, recognition, preservation, protection and adaptive reuse of Historical Resources are essential for the health, prosperity, social and cultural enrichment, and general welfare of the citizens who live in, work and visit Chula Vista. The purpose and intent of the HPO is to serve, protect and enhance the public health, safety and welfare through the following: A. Serve as the regulatory document of the City's Historic Preservation Program (HPP); B. Promote and accomplish the historic preservation goals, policies, and strategies of the City's General Plan; C. Promote the recognition, preservation, protection and use of Historical Resources through Historical Resource surveys and the designation of Historical Resources; D. Preserve and enhance those Historical Resources that give Chula Vista it's identity by utilizing the Secretary of Interior Standards for Treatment of Historic Properties; E. Honor Chula Vista's rich history and heritage by designating significant Historical Resources and Historic Preservation Districts that are associated with important historical events, persons, significant architecture, 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 Preservation Districts; G. Provide for a sustainable environment through the preservation and protection of Resources and neighborhoods that have Historical Significance; H. Carry out the provisions of the National Historic Preservation Act and the Certified Local Government Program established under said act; I. Establish the use of incentives and benefits for the protection, retention and preservation of Historical Resources; and J. Promote the recognition, preservation, protection and use of Historical Resources through education and a HPP that is maintained up to date and valid. 21.02.030 Historic Preservation Authority There is created a Historic Preservation Commission (HPC), pursuant to Chula Vista Municipal Code Chapter 2.43. The HPC governs processes and activities presented in this Title as further defined in Chula Vista Municipal Code Chapter 2.43. The discretionary project review responsibility of the HPC shall include the review of Major Alterations, Historical Resource demolition applications, historic determinations and appeals, and consistency of said projects with the City's HPP, applicable historic district guidelines, and this ordinance. 8-20 Ordinance No. Page 4 21.113 DEFINITIONS For the purpose of this chapter, the following definitions shall govern the meaning of words contained herein unless the context indicates otherwise. 21.03.002 Alteration: A change in the character, composition, or structure of a Potential Historical Resource or Historical Resource which are not classified as work exempt from building permits (Building Permit Form 4551) or those activities that are exempt pursuant to Chula Vista Municipal Code §21.03.054. (Also see the City's HPP Section 4.0 -Historic Preservation Projects and Appendix: Preservation Brief 14- New Exterior Additions to Historic Buildings). 21.03.004 Archaeological Resource: Subsurface or aboveground material remains of past human life or activities that are at least one hundred years of age, and may yield additional information about prehistory or history. 21.03.006 Architectural Significance: Importance of a Resource based upon the distinctive characteristics of a period, style, type, period or method of construction. (Also see the City's HPP- Appendix- National Register Bulletin How to Evaluate and Apply Criteria, Section V~. 21.03.008 Association: The direct link between an important historic event or person and a Historical Resource. "Association" is one of the seven aspects of Integrity. 21.03.010 Building: A structure that has a roof and walls and stands more or less permanently in one place, such as a house, barn, church, hotel, office or similar construction that is created to shelter any form of human activity. "Building" may also refer to a historically and functionally related unit, such as a courthouse and jail or a house and barn. 21.03.012 California's State Historical Building Code: California Health and Safety Code §§ 18950,et seq. and a regulation of Part 8 of Title 24, of the California Code of Regulations. This code provides alternative standards and regulations intended to facilitate repairs, Alterations, and additions necessary for the preservation, restoration, rehabilitation, safety, moving, or continued use of a qualified historical building or structure.. (Also see State Historical Building Code and the City's HPP Appendix- California's State Historical Building Code ). 21.03.014 Reserved. 21.03.016 Certificate of Appropriateness (COA): A permit required for the alteration, restoration, construction, demolition, removal, and/or relocation in whole or in part, of or to any Historical Resources. (Also see the City's HPP Section 4.0- Historic Preservation Projects Certiftcate of Appropriatness). 21.03.018 Certified Local Government: A local government officially certified by the National Park Service and the State Office of Historic Preservation to carry out the purposes of the National Historic Preservation Act. (Also see the City's HPP Section 1.0- Preface and Acknowledgements- Certified Local Government). 21.03.020 Character-Defining Feature: Architectural, street and landscape features of a building, structure, object, or Historic Preservation District which help to convey historical significance. (Also see Historical Significance). 5-21 Ordinance No. Page 5 21.03.022 Chula Vista Register of Historical Resources: A comprehensive list of designated Historical Resources, commonly referred to as the Local Register. (Also see the City's HPP- Appendix-Local Register). 21.03.024 City Staff: An employee from any department or agency of the City of Chula Vista which may be called upon to assist in the proper administration of the City of Chula Vista's Historic Preservation Program, including this ordinance. 21.03.026 Commission: The City of Chula Vista Historic Preservation Commission (HPC). 21.03.028 Contributing Resource: A Resource within the boundaries of a proposed or designated Historic Preservation District which contributes to, physically conveys, and supplements the identified historical significance of that historic preservation district. 21.03.030 Council: The City of Chula Vista City Council. 21.03.032 Criteria: A set of established general standards by which the Historical Significance of a Historical Resource is judged and Eligibility for designation is determined pursuant to Chula Vista Municipal Code §21.04.100. (Also see the City's HPP- National Register Bulletin 15: How to Apply the National Register Criteria for Evaluation, Section VI How to Identify the Type of Significance of a Property). 21.03.034 Cultural Landscape: A Historical Landscape that is a geographic area, including both cultural and natural Resources therein, associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values. (Also see Historical Landscape). 21.03.036 Demolition: For the purposes of this ordinance, any act or failure to act that destroys, destructs, or removes in whole or in part any element of a Potential Historical Resource, an Eligible Historical Resource, or designated Historical Resource such that its character, historical significance and /or Integrity is materially altered. (Also see Chula Vista Municipal Code §15.44.050 or the City's HPP Section 4.0-Historic Preservation Projects -Demolition and Relocation of a Historical Resource). 21.03.038 Design: The combination of elements that create the physical form, plan, space, structure, and style of a Resource. "Design" is one of the seven aspects of Integrity. 21.03.040 Determination of Eligibility: An action through which anon-designated Resource's Historical Significance is decided through an official government process. (Also see the City's HPP Section 4.0- Historic Preservation Projects- Historical Resource Eligibility Determination). 21.03.042 Reserved. 21.03.044 Eligible Historical Resource: Any Resource that is listed in a Historical Resources inventory as being significant or that has been substantiated through the completion of a DPR Form, an Expert Technical Analysis report, or by the Zoning Administrator to be eligible for listing on the Local Register pursuant to Chula Vista Municipal Code §21.04.100, or any Resource that is eligible for listing on the California Register of Historical Resources, or the National Register of Historic Places. 8-22 Ordinance No. Page 6 21.03.046 Eligibility: The ability of a Resource to meet the criteria listed in Chula Vista Municipal Code §21.04.100 or the criteria for listing on the California Register of Historical Resources, or the National Register of Historic Place. 21.03.047 Eligibility Determination- (See Determination of Eligibility). 21.03.048 Evaluation: The process by which the Historical Significance and Integrity of a Potential Historical Resource is judged and Eligibility determined. 21.03.050 Event: An occasion, circumstance, or activity that occurred within a particular period of time, or continued over an extended period of time. 21.03.052 Exceptional Historical Resource: A Resource that Council has determined is invaluable to the heritage of Chula Vista because it has been found through Expert Technical Analysis to be the best representative sample or the last one of its type and that the loss of that Resource through demolition, removal, or Alteration would cause a significant loss to the City's history and environment. 21.03.054 Exempt Alteration(s): Activities that do not require a City building permit and/or work that requires a building permit but that does not have potential to impair the Historic Significance of the Historical Resource including: A. Plumbing improvements or repairs; B. Electrical improvements or repairs; C. Mechanical improvements or repairs; D. Interior improvements unless said interior features of the home are contributing elements of the Historical Significance of a Historical Resource. 21.03.056 Expert Professional: A qualified professional that meets the Secretary of Interior's Professional Qualification 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. If the City deems necessary, the City shall have the discretion to require additional areas or levels of expertise depending on the complexity of the task and the nature of the Historical Resource involved. (Also see the City's HPP Section 7.0- Reference Resources- List of Qualifted Consultants). 21.03.058 Expert Technical Analysis: A written report by a qualified Expert that evaluates the potential Historical and Architectural Significance of a Resource or Contributing Resource based upon accepted criteria and findings of fact. The Expert Technical Analysis may also identify potential impacts to a Resource and activities or actions that would reduce those impacts to below a level of significance. (Also see the City's HPP Section 4.0- Historic Preservation Projects- Expert Technical Analysis Report Content). 21.03.060 Exterior Features: The architectural style, design, general arrangement, components and features or the outer surfaces of a Resource, including, but not limited to, the kind, and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, and other fixtures appurtenant to such Resource. 8-23 Ordinance No. Page 7 21.03.062 Feeling: A Resource's expression of the aesthetic or historic sense of a particular period of time. "Feeling" is one of the seven aspects of Integrity. 21.03.063 Geographic Historic Preservation District: A Historic Preservation District that includes a finite group of Resources related to one another in Historic Context and in a clearly distinguishable way, within a geographically definable area, which have related character, architectural styles, interrelationships, and physical proximity and Association. (Also see the City's HPP Section 3.0- Historical Resources- Historic Preservation Districts). 21.03.064 Historic Context: A unit created for planning purposes that groups information about Historical Resources based on a shared theme, specific time period and geographical area that is used as the basis for judging a Resource's Historical Significance and its Eligibility for listing. (Also see Theme). (Also see the City's HPP Section 1.0- Preface and Acknowledgments- Historic Contexts and Appendix- National Register Bulletinl5: How to Apply the National Register Criteria for Evaluation, Section V. Understanding Historic Contexts). 21.03.066 Historical Landscape: Publicly owned landscape(s) or tree(s), either designed or vernacular, that have been determined to be an Eligible Historical Resource or a Historical Resource pursuant to Chula Vista Municipal Code §21.04.100. (Also see Cultural Landscapes). 21.03.067 Historic Preservation Fund: A fund earmarked for preservation activities that meet the purposes of this chapter. 21.03.068 Historic Preservation District (HPD): A concentration, linkage, or continuity of sites, buildings, structures, or objects united by architecture or historical plan, physical development, or theme. There are two types of HPD's: geographic and thematic. (Also see Geographic Historic Preservation District and Thematic Historic Preservation District) (Also see the City's HPP Section 3.0 Historical Resources- Historic Preservation Districts). 21.03.069- Historic Preservation Modifying District- (See Modifying District) 21.03.070 Historic Preservation Program (HPP): A reference resource and procedural guide for historic preservation in Chula Vista, which may be amended, and which is comprised of the application forms, guidelines and procedures that will: 1. Meet the requirements for Certified Local Government status; and 2. Align with the policies of the General Plan; and 3. Implement the City's Historic Preservation Ordinance. 21.03.074 Historical Resource: Any Eligible Historical Resource, or any Resource that is designated on the Chula Vista Register of Historical Resources (Local Register), the California Register of Historical Resources, or the National Register of Historic Places. (Also see Eligible Resource). 21.03.075 Historical Resource Survey: A systematic, detailed examination of an area designed to gather information about historic properties pursuant Chula Vista Municipal Code Chapter 21.04. The information and analysis shall be contained within State prescribed forms for recording Historical Resources, currently referred to as the Department of Parks and Recreation (DPR) 523 Series Form, as may be amended from time to time, and shall conform to the State 5-24 Ordinance No. Page 8 Historic Preservation Guidelines for recording Historical Resources as made a part of the City's HPP. (Also see Inventory and the City's HPP Section 3.0 Historical Resources- Historical Resource Surveys). 21.03.076 Historical Significance: The importance for which a Resource has been evaluated within a Historic Context and found to meet local, state or national criteria. (Also see Character Defining Feature and the City's HPP Appendix- National Register Bulletin 1 S- How to Apply the National Register Criteria for Evaluation Section VL How to Identify the Type of Significance of a Property). 21.03.078 Identification: The process through which information is gathered about Historical Resources. 21.03.080 Important Person: An individual who has made significant contributions on a local, regional, state or national level, including but not limited to, history, architecture, archaeology, engineering, and/or culture. 21.03.082 Incentives: Preservation incentives that include, but may not be limited to: Federal Rehabilitation Tax Credits, Mills Act Agreements and permit streamlining. (Also see the City's HPP Section 6.0- Incentives and Benefits). 21.03.084 Integrity: The authenticity of a Resource's historic identity, evidenced by the survival of physical characteristics that existed during the Resource's historic or prehistoric period. Within the concept of Integrity there are seven recognized aspects or qualities that in various combinations, define Integrity. The seven aspects of Integrity are Location, Design, Setting, Materials, Workmanship, Feeling, and Association. (Also see the City's HPP Appendix- National Register Bulletin I5: How to Apply the National Register Criteria for Evaluation Section VIII How to Evaluate the Integrity of a Property Historical Resource). 21.03.085 Inventory: A list of Historical Resources determined to meet specified criteria of Significance. (Also see Historical Resources Survey). 21.03.086 Local Register: A list of the City's designated Historical Resources. (Also see Chula Vista Register of Historical Resources and the City's HPP Appendix- Local Register of Historical Resources). 21.03.088 Location: The place where the Historical Resource was constructed or the place where the historic event occurred. "Location" is one of the seven aspects of Integrity. 21.03.090 Major Alteration: Those Alterations that are not exempt or do not qualify as Minor Alterations which include, but may not be limited to: A. Demolition (Chula Vista Municipal Code §21.03.036); B. Installation or alteration of windows, doors, or other historical features where the original opening is proposed to be enlarged, reduced or altered. (Also see the City's HPP Appendix- National Park Service Preservation Brief 09 The Repair of Historic Windows. ); C. Removal of Historical Landscapes; 8-25 Ordinance No. Page 9 D. Additions to a structure or site that exceed 499 square feet; E. New construction, exterior remodels that require a Major COA, or additions that exceed 499 square feet within a Historic Preservation District; F. Relocation (Chula Vista Municipal Code §21.03.113); G. Reconstruction (Chula Vista Municipal Code §21.03.110). (Also see the City's HPP Section 4.0- Historic Preservation Projects--Certiftcate of Appropriateness and Appendix- National Park Service Preservation Brief 14: New Exterior Additions to Historic Buildings: Preservation Concerns). 21.03.092 Materials: The physical elements that were combined, used, or deposited during a particular period of time and in a particular pattern or configuration to form a Historical Resource. "Materials" is one of the seven aspects of Integrity. 21.03.094 Minor Alteration: Alterations that require a building permit but do not affect the Historical Significance of the Historical Resource, such as: A. The installation of exterior features such as awnings, roofs, and garage doors. B. Installation or alteration of windows, doors or other historical features where the original opening will not be enlarged, reduced or altered. C. Additions that are greater than 144 square feet and less than 499 squaze feet. (Also see City's HPP Section 4.0- Historic Preservation Projects- Certificate of Appropriateness and Appendix- National Park Service Preservation Brief 14: New Exterior Additions to Historic Buildings: Preservation Concerns). 21.03.095 Modifying District: For purposes of this ordinance, a Historic Preservation (HP) Modifying District may be applied only to properties within Historic Preservation District(s) (HPD) to permit special regulations where appropriate or necessary in addition to or in lieu of the development regulations otherwise set forth in the underlying zoning. (Also see the City's HPP - Section 5.0- Design Guidelines-- Historic Preservation Modifying Districts). 21.03.096 Non-Contributing Resource: A Resource within the boundaries of a proposed or designated Historic Preservation District which does not contribute to or physically convey the Historical Significance of a proposed or designated Historic Preservation District. These Resources may or may not be limited to, those Resources less than 45 years old, properties older than 45 years old that have been significantly altered, or properties not associated with the Period of Significance or Historic Context of the proposed or designated Historic Preservation District. 21.03.100 Object: The term "object" is used to distinguish from buildings and structures those constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment. Objects should be in a setting appropriate to their significant historic use, roles, or character. Examples of objects include boundary markers, fountains, monuments, statuary, sculptures, and mileposts. 5-26 Ordinance No. Page 10 21.03.102 Period of Significance: The span of time in which a Resource attained Historical Significance. (Also see the City's HPP Section 1.0- Preface and Acknowledgements- Periods of Significance). 21.03.104 Potential Historical Resource: Any Resource 45 years or older that may meet the findings of fact and criteria established in Chula Vista Municipal Code §21.04.100. 21.03.106 Preservation: Preservation is one of the four treatment options specified in The Secretary of the Interior's Standards for the Treatments of Historic Properties and is defined by the Secretary of the Interior (SOI) as the act or process of applying measures necessary to sustain the existing form, Integrity, and materials of a Historical Resource. Work, including preliminary measures to protect and stabilize the Resource, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. (Also see the City's HPP Section 5.0-Design Guidelines- Secretary of the Interior Standards and Appendix- Preservation Standards). 21.03.108 Qualified Historical Resource: Any building, site, structure, object, district or collection of structures, and their associated sites, deemed of importance to the history, architecture or culture of an area by an appropriate local, state or federal governmental agency. (Also see California Health and Safety Code, Division 13, Part 2.7, Sections 18950-18961 and the City's HPP Appendix- California's State Historical Building Code). 21.03.110 Reconstruction: Reconstruction is one of the four treatment options specified in The Secretary of the Interior's Standards for the Treatments of Historic Properties and is defined by the Secretary of the Interior as the act or process of depicting, by means of new construction, the form, features, and detailing of a site, landscape, building, structure, or object that no longer exists for the purpose of replicating its appearance at a specific period of time and in its historic location. (Also see the City's HPP Section 5.0- Design Guidelines- Secretary of the Interior Standards and Appendix- Preservation Standards). 21.03.112 Rehabilitation: Rehabilitation is one of the four treatment options specified in The Secretary of the Interior's Standards for the Treatments of Historic Properties and is defined by the Secretary of the Interior as the act or process of making possible a compatible use for a Resource through repair, alterations, and additions while preserving those portions or features, which convey its historical, cultural, or architectural values (Also see the City's HPP- Design Guidelines Section- Secretary of the Interior Standards). 21.03.113 Relocation: Moving a Historical Resource from its original location. (Also see the City's HPP- Design Guidelines Section- Relocation Guidelines). 21.03.114 Resource: Any building, structure, object, site, archaeological site, sign or landscape, district or Contributing Resource. 21.03.116 Restoration: Restoration is one of the four treatment options specified in The Secretary of the Interior's Standards for the Treatments of Historic Properties and is defined by the Secretary of the Interior as the act or process of accurately depicting the form, features, and character of a Resource 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 8-27 Ordinance No. Page 11 systems and other code-required work to make properties functional is appropriate within a restoration project. (Also see the City's HPP- Design Guidelines Section- Secretary of the Interior Standards). 21.03.118 (The) Secretary of the Interior (SOI): Appointed government official that serves as the head of the United States Interior Department and who is responsible for establishing standards for all programs under Departmental authority and for advising Federal agencies on the preservation of historic properties listed in or eligible for listing in the National Register of Historic Places. 21.03.120 (The) Secretary of the Interior Standards and Guidelines (SOPS): Professionally accepted standards used for the treatment of Historical Resources. These standards and guidelines assist in determining appropriate Preservation, Rehabilitation, Restoration and Reconstruction activity. (Also see the City's HPP Section 5.0- Design Guidelines- Secretary of the Interior Standards). 21.03.122 Setting: The physical environment of a Historical Resource. Setting refers to the character of the place in which the Historical Resource played its historical role. "Setting" is one of the seven aspects of Integrity. 21.03.124 Significance: The importance of a Historical Resource based upon its relationship to a Historic Context and local, state, regional or national eligibility criteria. 21.03.125 Significant: A Resource that has been determined to be important based upon its Historic Context and local, state, regional or national eligibility criteria. 21.03.126 Site: A "site" is the location of a significant event, a prehistoric or a historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself possesses historic, cultural, or archaeological value regardless of the value of any existing structure. 21.03.128 State Historic Building Code: California Health and Safety Code §§ 18950, et seq. and a regulation of Part 8 of the Title 24, of the Califomia Code of Regulations. (Also see California's State Historical Building Code). 21.03.130 Structure: Those functional constructions made usually for the purposes other than creating human shelter. Examples of structures include, but are not limited to bridges, aircraft, fences and walls, lighthouse, water tank house, brood house, automobile, trolley car, tunnel, windmill, bandstand, apiary, and greenhouse. 21.03.131 Thematic Historic Preservation District: A Historic Preservation District that includes Resources related to one another in a clearly distinguishable way by a common theme related to Historic Context, architectural style, development period, or other characteristics, where visual continuity is not significant and sites are not necessarily located within a geographically definable area. 21.03.132 Theme: A trend or pattern in history or prehistory relating to a particular aspect of cultural development, such as citrus farming. A Theme is related to a Historic Context. (Also see Historic Context). a-2a Ordinance No. Page 12 21.03.134 Workmanship: The physical evidence of the crafts of a particular culture or people during any period in history or prehistory. "Workmanship" is one of the seven aspects of Integrity. 21.03.135: Zoning Administrator (ZA): Chula Vista Municipal Code § 19.14.020 creates a Zoning Administrator who shall be the Director of Development Services or his authorized designee. The Zoning Administrator may relieve the Historic Preservation Commission of certain routine functions. 21.04 IDENTIFICATION AND DESIGNATION OF HISTORICAL RESOURCES 21.04.010: Historical Resource Surveys (Survey) Understanding, identifying, evaluating, and protecting those Resources, which give Chula Vista its individual character and sense of place are important tools in the protection and preservation of Historical Resources. Historical Resource Surveys shall be utilized as informational tools by the City of Chula Vista and shall not require owner consent. Surveys may be used by the City of Chula Vista, other municipal departments or agencies, and members of the public for preservation purposes, designation consideration and/or as part of project analysis. Conduct of surveys shall follow the State guidelines for recording historical resources as may be amended from time to time. (Also see the City's HPP Section 3.0- Historical Resources- Historical Resource Surveys and Appendix- National Register Bulletin 24- Guidelines for Local Survey). 21.04.020: Survey Forms All evaluations and recordation of Resources shall be made on a form prescribed by the State Historic Preservation Office currently referred to as Department of Parks and Recreation (DPR) 523 Series Form and as may be amended from time to time. The information and analysis contained within the DPR forms shall conform to the State Historic Preservation guidelines for recording Historical Resources. (Also see the City's HPP Appendix- Instructions for Recording Historical Resources). 21.04.030 Chula Vista Register of Historical Resources Buildings, structures, objects, sites, signs, landscapes, archaeological sites, Historic Preservation Districts, or Contributing Resources determined historically or architecturally Significant and designated by the City of Chula Vista Historic Preservation Commission shall be compiled on a comprehensive list officially known as the City of Chula Vista Register of Historical Resources and herein shall commonly be referred to as the Local Register. (Also see the City's HPP Appendix- Local Register of Historical Resources). 21.04.040 Historical Resources to be Included in the Local Register The following Resources shall be included in the Local Register: A. Those properties previously designated prior to the effective date of this ordinance; B. Those properties designated by the HPC or Council; C. Any Chula Vista Resource listed as a National Historic Landmark; D. Any Chula Vista Resource listed on the National Register of Historic Places; 5-29 Ordinance No. Page 13 E. Any Chula Vista Resource listed on the California Register of Historical Resources by the California State Historical Resources Commission. 21.04.050 Local Register Maintenance and Distribution The Zoning Administrator shall ensure that the Register is maintained, updated & distributed pursuant to the guidelines established in the Chula Vista HPP. 21.04.060 Designation -Authority Upon a recommendation of the Zoning Administrator, the Historic Preservation Commission shall have authority to approve or deny applications for historical designation, excluding designation of Exceptional Historical Resources and publicly owned historical resources which shall require Council approval. All Resources that are approved for designation shall be listed on the Local Register. 21.04.070 Designation-Owner Consent -Required A Resource shall not be designated without property owner consent unless said designation is undertaken by the Council pursuant to Chula Vista Municipal Code §21.04.080. Owners of properties, which may qualify as a Contributing Resource to a designated HPD may pursue individual designation without the consent of other property owners within the boundaries of the designated HPD pursuant to Chula Vista Municipal Code §21.04.090. 21.04.080 Designation-Owner Consent Not Required; Exceptional Historical Resource In exceptional circumstances, the HPC may recommend that the Council designate a Resource without owner consent pursuant to Chula Vista Municipal Code 21.04.100 (2) (A-C). 21.04.090 Historical Designation-Application, Requirements and Procedures 1. Applications and Submittal Requirements All applications for designation, including Exceptional Historical Resources, shall be made to the Zoning Administrator in writing on a form prescribed by the City's HPP and shall be accompanied by sufficient information to determine that a Resource meets the Criteria and findings of fact for designation pursuant to Chula Vista Municipal Code §21.04.100. Designation applications may run concurrent with other permit applications however the designation shall be acted upon prior to consideration of any discretionary permits. (Also see City's HPP Section3.0- Historical Resources- Designation Procedural Guide). A. Owner Applicant A property owner, or authorized agent of the property owner, may seek historical designation without the assistance of an Expert unless the City, at its discretion, determines that an Expert Technical Analysis is necessary to provide sufficient information on the Historical Significance of the Resource. B. Non-Owner Applications (Exceptional Historical Resource) i. Applicants that apply for an Exceptional Resource Designation shall pay all fees and costs associated with the designation of the Exceptional Historical Resource including but not limited to staff time, Expert Technical Analysis or Expert review of documentation. ii. An application for an Exceptional Resource Designation may be initiated in any of the following three ways: 8-30 Ordinance No. Page 14 a. By a minimum often (10) City residents (with verifiable signatures); or b. Through an HPC recommendation to Council; or c. By a majority vote of Council. C. Publicly Owned Resources- Council Approval Required i. Shall require the same application submittal requirements of Chula Vista Municipal Code §21.04.090 and findings of fact and Eligibility Criteria of Chula Vista Municipal Code §21.04.100 (1) (A) and (B). ii. Shall require a recommendation from the HPC and Council approval. iii. An application for designation of publicly owned Historical Resources and Historical Landscapes may be initiated in any of the following three ways: a. By any interested citizen who resides in the City of Chula Vista; or b. Through an HPC recommendation to Council; or c. By a majority vote of Council. 2. Procedures for Historical Desienation Consideration A. The application review shall follow the City's Development Services Department review process for discretionary permits. B. Upon determination of completeness, the Zoning Administrator shall prepare, in the form of a staff report, a brief discussion of the Resource as presented in the submitted documentation and shall include recommendations to the HPC to either designate or not designate under the findings of fact and eligibility Criteria set forth in Chula Vista Municipal Code §21.04.100. C. The Zoning Administrator shall schedule the application for consideration and give notice thereof to the applicant and to other interested persons. A public hearing shall be held to review the evidence as presented in order to determine if the Resource meets the criteria for designation pursuant to Chula Vista Municipal Code §21.04.100. D. If a Resource is designated, the property owner or applicant shall be required to record the HPC resolution of designation with the County Assessor's office within 10 business days after the appeal period of said designation. 3. Denial or Delay of Decision A. The City shall have the authority to delay consideration of a Resource for up to 90 days as part of a request of the applicant for additional information on the subject Resource proposed for designation. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC §19.14.700. B. If an application is closed pursuant to Chula Vista Municipal Code §21.04.090 (3) (A), or a designation request is denied as a result of the Resource not meeting the findings of fact or eligibility Criteria set forth in Chula Vista Municipal Code §21.04.100, the City shall provide a written explanation for the denial within 10 business days of the decision. C. The applicant may, under a new application and required fees, submit for designation reconsideration ofany Resource, which has previously been denied, if new information is presented to support a statement of historical significance for the Resource. 4. Appeals 8-31 Ordinance No. Page 15 All appeals shall be processed pursuant to Chula Vista Municipal Code §21.12.030. 21.04.100 Historical Designation- Findings of Fact and Eligibility Criteria 1. Designation of Historical Resources, excluding Exceptional Historical Resources, by the HPC may occur when the following findings of fact are made: A. A Resource is at least 45 years old; and B. A Resource possesses historical Integrity defined under Chula Vista Municipal Code §21.03.084 and the Resource is determined to have historical significance by meeting at least one of the following criteria: Criterion 1: It is associated with an event that is important to prehistory or history on a national, state, regional, or local level. Criterion 2: It is associated with a person or persons that have made significant contributions to prehistory or history on a national, state or local level. Criterion 3: It embodies that distinctive characteristics of a style, type, period, or method of construction, or represents the work of a master or important, creative individual, and/or possesses high artistic values. Criterion 4: It is an outstanding example of a publicly owned Historical Landscape, that represents the work of a master landscape architect, horticulturalist, or landscape designer, or a publicly owned Historical Landscape that has potential to provide important information to the further study of landscape architecture or history. Criterion 5: It has yielded, or may be likely to yield information important in prehistory or the history of Chula Vista, the state, region, or nation. 2. Designation of an Exceptional Historical Resource may be considered only if: A. The HPC considers and makes a recommendation to Council; and B. It has been demonstrated through Expert Technical Analysis and verifiable evidence that all of the following findings of fact are made: i. The Resource meets criteria and the findings of fact for designation found in Chula Vista Municipal Code §21.04.100 (1) (A and B); and ii. The Resource is the best representative sample of its kind or the last of its kind; and iii. The Resource is an exceptionally important component of the City's history and loss or impairment of the Resource would be detrimental to the City's heritage; and C. 4/Sths vote of the Council vote to designate the Resource as an Exceptional Historical Resource. 21.OS DELISTING OF HISTORICAL RESOURCES 21.05.010 Historical Resource Delisting- Authority 8-32 Ordinance No. Page 16 Upon recommendation of the HPC, the Council shall consider the delisting of any Historical Resource that was previously designated. 21.05.020 Historical Resource Delisting- Owner Consent Not Required Owner consent shall not be required for delisting a Resource. Notwithstanding any other provision of the Municipal Code, if a Mills Act Agreement (Cal. Gov. Code §§50280, et seq.) exists for the Resource on the subject property, delisting of the Resource may only occur in accordance with the Cancellation provisions of the subject Mills Act Agreement. 21.05.030 Historical Resource Delisting- Application, Requirements, and Procedures A request for delisting may be initiated in any of the following three ways: 1. By the property owner of record; or 2. By a recommendation of the HPC to Council; or 3. By a majority of the Council. Delisting of a Historical Resource shall follow the same procedures as those set forth in Chula Vista Municipal Code §21.04.090 (1.), (2.), (3.), and (4). Delisting applications may run concurrent with other permit applications however no discretionary decision shall be rendered prior to a delisting determination. (Also see City's HPP Section 3.0- Historical Resources- Delisting aHistorical Resource.) 21.05.040 Historical Resource Delisting- Findings of Fact Delisting of a Historical Resource shall be discouraged unless it is substantiated through an Expert Technical Analysis that one or more of the following findings of fact exist: 1. New evidence provided demonstrates that previously identified historical significance of the Historical Resource has been reduced or no longer exists such that the Resource no longer meets the eligibility Criteria; or 2. The Resource was designated inaccurately based on incorrect information; or 3. The Integrity of the Historical Resource or the Resource itself has been greatly diminished such that it no longer physically conveys its identified historical significance resultant from extensive unintentional damage, fire, flood, or natural disaster. 4. If one, or more, of the findings of fact exist Council may: A. Delist the Resource; or B. Maintain the previous designation assigned by the HPC or Council; or C. Delay a decision for up to 90 days in order to obtain additional information regarding the request to delist the Historical Resource. 21.05.050 Historical Resource Delisting- Factors That Shall Not be Considered When considering a request to delist a previous Historical Resource designation, the following factors shall not be considered to guide or inform a decision: 1. Property maintenance costs associated with minimum code compliance activities for buildings and structures. 8-33 Ordinance No. Page 17 2. Costs associated with deferred maintenance by the recorded property owner or by a previous property owner. 3. Costs associated with bringing the designated Resource into conformance with adopted City codes. 4.Costs associated with proposed improvements of the site. 21.05.060 Historical Resource Delisting- Fines and Penalties If a Historical Resource is recommended for delisting, the Zoning Administrator and the HPC shall include recommendations for recovery of costs associated with historic preservation incentives and benefits (i.e. financial, development or zoning) provided to the current or previous property owner(s). The recommendation(s) may include the following: 1. The owner of record may be subject to fines and penalties by the City, which may equate up to 100% recovery of any financial benefits and incentives received from the City as part of the original listing including but not limited to the Mills Act Property Tax Abatement, reduction of permit fees, waiver of permit fees, issuance of a variance due to the historical status of the Resource, or reduction of parking or other local standards or requirements. 2. If it is determined that the historical significance of a Resource has been reduced or lost as a result of the actions of the property owner, fines and penalties may be imposed upon the owner equal to the amount necessary to restore or rehabilitate the previously identified historical significance of the Resource and other applicable fines and penalties pursuant to Chula Vista Municipal Code §21.08.050 (A)(l-2) and Chula Vista Municipal Code §21.11.010 (1-3). 3. If it is found that the cause for delisting is at no fault of the current property owner then the ZA and HPC may make a recommendation to waive any applicable fines and penalties. 4. Notwithstanding the foregoing, if a Mills Act Agreement (Cal. Gov. Code §§50280, et seq.) exists for the Resource on the subject property, any fines and penalties shall be in accordance with the Cancellation provisions of the subject Mills Act Agreement. 21.05.070 Delisting- Appeals All appeals shall be processed pursuant to Chula Vista Municipal Code §21.12.030. 21.06 HISTORIC PRESERVATION DISTRICTS- HPD'S Groupings of Historical Resources may qualify for designation as either a Geographical Historic Preservation District (GHD) or a Thematic Historic Preservation District (THD). (Also see the City's HPP Section 3.0 Historical Resources- Historic Preservation Districts). 21.06.010 Historic Preservation District- Purpose To identify, designate, and preserve existing neighborhoods and Resources grouped either geographically or thematically as defined in Chula Vista Municipal Code §21.03.063 and §21.03.131 21.06.020 Historic Preservation Districts- Authority Upon recommendation of the HPC, the Council shall consider the designation of either a GHD or THD. 5-34 Ordinance No. Page 18 21.06.030: Historic Preservation District- Owner Consent Required 1. GHD- Owner Consent For the designation of a GHD owner consent shall be required by seventy five percent (75%) of all property owners within the proposed GHD boundary. 2. THD- Owner Consent For the designation of a THD, owner consent is required for each of the individual properties being applied for designation as Contributors to the district, and a minimum of ten (10) Contributors shall be required to be considered for a THD. 21.06.040 Historic Preservation District- Application, Requirements and Procedures 1. Application and Submittal Requirements Applications for HPD's shall be made to the Zoning Administrator in writing on a form prescribed by the City's HPP. All applications shall be accompanied by the following: A. Sufficient information to determine that an area meets the criteria for HPD designation pursuant to Chula Vista Municipal Code §21.06.050. (Also see the City's HPP Section 3 0- Historical Resources- Historic Preservation District Procedures and Guidelinesl. B. Property owners, may seek designation of a HPD without the assistance of an Expert unless the City, at its discretion, determines that an Expert Technical Analysis is necessary to provide sufficient information on the Historical Significance of the HPD. C. GHD's - To be considered for a GHD: i. A City approved form bearing notarized signatures of support by owners of seventy five percent (75%) of the parcels within the proposed GHD and an address list of all Contributing and Non-Contributing Resources within the proposed GHD, including any vacant parcels shall be submitted to the City. ii. Public participation and education of the proposed GHD shall be required. (See the City's HPP Historical Resources Section- Historic Preservation District Procedures and Guidelines). D. THD's - To be considered for a THD, an approved form bearing notarized signatures of all properties proposed to be included within the THD shall be submitted to the City. A minimum of 10 individual properties shall be required to be considered for a THD designation. E. A fee pursuant to Chula Vista Municipal Code §21.12.020. F. A written statement that establishes the proposed HPD's Significance. (See the City's HPP -Historical Resources Section -National Register Bulletin Guidelines "Evaluating and Nominating Properties VIII Properties Within Historic Districts"). G. A DPR form, for all Contributing Resources within the proposed HPD, that includes a map and description of the proposed district, including boundaries and location of Contributing and Non-Contributing Resources, the age, setting, and character of the area, significant individual Resources within the proposed HPD, urban design and streetscape features as well as any other notable visual features of the proposed Historic Preservation District. a-ss Ordinance No. Page 19 H. Design Guidelines for proposed Historic Preservation Districts shall be adopted concurrently with the designation of the HPD. (Also see the City's HPP- Design Guidelines Section). 2. Procedures for HPD Consideration A. The application review shall follow the City's Development Services Department review process for discretionary permits. B. Upon determination of completeness, the Zoning Administrator shall prepare, in the form of staff report, a brief discussion of the HPD as presented in the submitted documentation and shall include recommendations to the HPC and Council to either designate or not designated under the findings of fact and eligibility Criteria set forth in Chula Vista Municipal Code §21.06.050. C. The Zoning Administrator shall schedule the application for consideration by the HPC and Council and give notice thereof to the applicant, all property owners within the proposed HPD and to other interested persons pursuant to Chula Vista Municipal Code §21.12.010. A public hearing shall be required to review the evidence as presented in order to determine if the HPD meets the criteria for designation pursuant to Chula Vista Municipal Code §21.06.050. D. The HPC shall make a recommendation to Council for designation ofall proposed HPD's pursuant to the findings of fact and Eligibility Criteria of Chula Vista Municipal Code §21.06.050. 3 Denial or Delay of Decision A. The City shall have the authority to delay consideration of a HPD for up to 90 days as part of a request of the applicant for additional information on the subject HPD proposed for designation. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC § 19.14.700. B. If an application is closed pursuant to Chula Vista Municipal Code §21.06.040 (3) (A), or a designation request is denied as a result of the HPD not meeting the findings of fact or eligibility Criteria set forth in Chula Vista Municipal Code §21.06.050, the City shall provide a written explanation for the denial within 10 business days of the decision. C. The applicants may, under a new application and required fees, submit for designation reconsideration of any HPD, which has previously been denied, if new information is presented to support a statement of historical significance for the HPD. Apyeals All appeals shall be processed pursuant to Chula Vista Municipal Code §21.12.030. 21.06.050 Historic Preservation District -Findings of Fact and Eligibility Criteria Designation of a HPD may occur when all of the following findings of fact are made and it is found that one or more of the established HPD eligibility Criteria, as set forth below, applies: 1. HPD Findings of Fact: 8-36 Ordinance No. Page 20 A. That the proposed HPD has significant architectural or historical character or cultural value; and B. That the proposed HPD will preserve and enhance the collective Integrity of the Contributing Resources; and D. GHD's only: There are at least sixty percent (60%) of the individual properties within the boundaries of the proposed GHD that are Contributing Resources which possess character, interest, or value as part of the heritage of the City and are found to meet one or more of the established criteria as set forth in Chula Vista Municipal Code §21.060.050(2). E. THD's only: All properties within the proposed THD possess character, interest, and value Citywide and collectively are found to meet one or more of the established criteria as set forth in Chula Vista Municipal Code §21.060.050(2). 2. HPD Eligibility Criteria: Criterion 1: The proposed Historic Preservation District is identified with an event, person, or group that contributed significantly to the City's prehistory or history. Criterion 2: Buildings, structures, objects, sites, signs or landscape elements within the proposed Historic Preservation District exemplify a particular architectural style, way of life, or period of development in the City. Criterion 3: Buildings or structures within the proposed Historic Preservation District are the best remaining examples of an architectural style, or are verified as having been designed or constructed by a master architect, designer or builder, and retain Integrity. 21.06.070 Historic Preservation Modifying District (HP Modifying District) CVMC §19.56.010 and §19.56.300 establish HP Modifying Districts to permit special zoning regulations within designated Historic Preservation Districts. (Also see the City's HPP Section 5.0- Design Guidelines- Historic Preservation Modifying Districts). 21.06.080 Historic Preservation Modifying District- Purpose To allow for the establishment of modified development standards from those otherwise applicable by the underlying zoning, where such modifications would protect and preserve the Historical Signicance and historic Integrity of an HPD. 21.06.090 Historic Preservation Modifying District- Authority HP Modifying District applications shall require a recommendation from both the HPC and Planning Commission with final consideration by the Council. 21.06.100 Historic Preservation Modifying District- Application, Requirements and Procedures 1. Application and Submission Requirements A separate application, on a form prescribed by the City's HPP, for a Historic Preservation (HP) Modifying District shall be required to permit special regulations to designated HPD's and may be filed: 8-37 Ordinance No. Page 21 A. Concurrent with an HPD application; or B. Subsequent to formation of an HPD, through an application with notarized signatures of 75% of property owners within the designated HPD or initiated by the City. 2. Procedures for HP Modifyine District Consideration A. The application review shall follow the City's Development Services Department review process for discretionary permits. B. Upon determination of completeness, the Zoning Administrator shall prepare, in the form of staff report, a brief discussion of the proposed HP Modifying District as presented in the submitted documentation and shall include recommendations to the HPC and Planning Commission to recommend to Council to either approve or not approve the HP Modifying District under the findings of fact set forth in Chula Vista Municipal Code §21.06.110. C. The Zoning Administrator shall schedule the application for consideration by the HPC, Planning Commission, and Council and give notice thereof to the applicant and to other interested persons. A public hearing shall be required to review the evidence as presented in order to determine if the proposed HP Modifying District meets the findings of fact pursuant to Chula Vista Municipal Code §21.06.110. 3. Denial or Delay of Decision A. The City shall have the authority to delay consideration of a Historic Preservation Modifying District for up to 90 days as part of a request of the applicant for additional information on the subject Historic Preservation Modifying District. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC §19.14.700. B. If an application is closed pursuant to Chula Vista Municipal Code §21.06.100 (3) (A), or a Historic Preservation Modifying District request is denied as a result of the Historic Preservation Modifying District not meeting the findings of fact set forth in Chula Vista Municipal Code §21.06.110, the City shall provide a written explanation for the denial within 10 business days of the decision. C. Applicants may, under a new application and required fees, submit for reconsideration of any Historic Preservation Modifying District, which has previously been denied, if new information is presented to support the request. 21.06.110 Historic Preservation Modifying District- Findings of Fact Council, upon recommendation of the HPC and the Planning Commission, may approve the HP Modifying District if it finds that all of the following findings of fact exist: 1. The subject HPD is unique by virnxe of Historical Significance and therefore requires special handling of development. 2. The underlying zone regulations do not allow the property owners and/or the City appropriate control or flexibility needed to preserve the historic chazacter of the HPD. 8-38 Ordinance No. Page 22 3. The establishment of the Modifying District will help preserve the Historical Significance of a HPD. 4. The HP Modifying District is necessary and will help to enhance and protect the public convenience, health, safety and general welfare. 21.07 ALTERATIONS TO HISTORICAL RESOURCES No person shall make Minor or Major Alterations to a Historical Resource without first obtaining the appropriate Certificate of Appropriateness (COA) approvals pursuant to Chula Vista Municipal Code §21.07.070 and §21.07.080. (Also see the City's HPP Section 4.0 -Historic Preservation Projects- Certifcate of Appropriateness). 21.07.020 Alterations to Historical Resources- Potential Historical Resource Eligibility Determination Required Building permits that propose Alteration of any Potential Historical Resource shall require an Eligibility Determination. (Also see the City's HPP Section 4.0- Historic Preservation Projects- Historical Resource Eligibility Determination.). 1. The Zoning Administrator shall determine the Eligibility of a Historical Resource from the City's HPP, surveys, historical databases, and other information available to the City; or 2. If the Zoning Administrator is unable to determine the Eligibility of a Potential Historical Resource from available information, the Zoning Administrator shall have the authority to require an applicant to provide further documentation on the Potential Historical Resource as necessary to make the determination. 3. If Potential Historical Resources are determined to not be Historical Resources pursuant to criteria found in Chula Vista Municipal Code §21.04.100 or are determined to not be a Contributing Resource as defined in Chula Vista Municipal Code §21.03.028, then no further review will be required. 4. Potential Historical Resources determined to be Eligible Historical Resources shall be required to obtain a Certificate of Appropriateness pursuant to the provisions of CVMC §21.07.070 or §21.07.080. 21.07.030AIterations to Historical Resources- Certificate of Appropriateness (COA) Not Required The following shall not require a COA: 1. Alterations to Resources determined not to be Historical Resources pursuant to Chula Vista Municipal Code §21.07.020. (Also see the City's HPP Historic Preservation Projects Section- Determination of Eligibility). 2. Activities that are exempt from City building permits and Exempt Alterations as defined in Chula Vista Municipal Code §21.03.054. 21.07.040 Alterations to Historical Resource- Certificate of Appropriateness Required A COA shall be required, if it is determined that the proposed Alteration will impact a Historical Resource and shall follow the requirements and procedures set forth in Chula Vista Municipal Code §21.07.070 or §21.07.080. (Also see the City's HPP Section 4.0- Historic Preservation Projects- Certiftcate of Appropriateness). 8-39 Ordinance No. Page 23 21.07.050 Alterations to Historical Resources- California's State Historical Building Code Owners of Historical Resources may utilize the State Historical Building Code (SHBC) for Alterations, repairs or additions to the Historical Resources subject to City approval by means of a building permit. (Also see the City's HPP Section 5.0- Design Guidelines-California's State Historic Building Code and Appendix- California State Historical Building Code). 21.07.060 Alterations to Historical Resources- Concurrent COA Processing Upon approval of the Zoning Administrator, applications for COA's may run concurrent with other discretionary permits however, no planning approvals or building permits shall be issued prior to COA decisions, except for permits required by the Building Official to maintain or stabilize dangerous conditions or for work that does not affect the exterior Integrity of the building or structure, or the historical significance of the building, structure, or site, as determined by the Zoning Administrator. 21.07.070 Minor Alteration COA-Application, Requirements and Procedures Applications for Minor Alteration COA's shall be made to the Zoning Administrator in writing on a form prescribed by the City's HPP. The application shall be accompanied by plans and data sufficient to show the detail of the proposed Alteration. A fee shall accompany the application pursuant to Chula Vista Municipal Code §21.12.020. (Also see the City's HPP Historic Preservation Projects Section- Certificate of Appropriateness). 1. Minor COA- Zoning Administrator Approval A. The application review shall follow the City's Development Services Department administrative review process. B. To substantiate an application for a Minor Alteration, the ZA shall have the discretion to require that a property owner or authorized agent retain an Expert Professional to conduct an Expert Technical Analysis. 2. Minor Alterations COA- Findings of Fact Prior to issuance of a Minor COA the Zoning Administrator shall, through evidence presented, make all of the following findings of fact: A. That the proposed work conforms to The Secretary of the Interior's Standards for Treatment of Historic Properties; and B.. That the proposed work is consistent with the General Plan, applicable design guidelines, or other policies adopted by the HPC or Council; and C. That the proposed work shall not adversely affect the exterior features of the Historical Resource or its special character, interest or value of other improvements and surroundings, including fagade, setback, roof shapes, scale, height and relationship of material, color and texture such that the historic Integrity is diminished. 3. Minor Alterations COA- Denial or Delay of Decision A. The Zoning Administrator shall have the authority to delay approval of a Minor Alteration COA for up to 90 days as part of a request of the applicant for additional information. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC §19.14.700 8-40 Ordinance No. Page 24 B. If the Zoning Administrator finds that the proposed Minor Alteration(s) does not meet one or more of the findings of fact as listed in Chula Vista Municipal Code §21.07.070(2), the Zoning Administrator shall deny the Minor Alteration COA application. 4. Minor Alterations COA- Appeal All appeals shall be processed pursuant to Chula Vista Municipal Code §21.12.030. 21.07.080 Major Alteration COA- Application, Requirements and Procedures Applications for Major Alteration COA's shall be made to the Zoning Administrator in writing on a form prescribed by the City's HPP. The application shall be accompanied by plans and data sufficient to show the detail of the proposed Alteration. A fee, shall accompany the application pursuant to Chula Vista Municipal Code §21.12.020. (Also see the City's HPP Historic Preservation Projects Section- Certificate of Appropriateness). 1. Maior Alteration COA- HPC Approval A. The application review shall follow the City's Development Services Department review process for discretionary permits. B. To substantiate an application for a Major Alteration COA, the City shall have the discretion to require that a property owner or authorized agent retain an Expert Professional to conduct an Expert Technical Analysis. C. The HPC shall have the authority to delay approval of a Major Alteration COA for up to 90 days as part of a request of the applicant for additional information. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC § 19.14.700 2. Maior Alteration COA- FindinQS of Fact Prior to issuance of a Major Alteration COA the HPC shall, through evidence presented, make all of the following findings of fact: A. That the proposed work conforms to The Secretary of the Interior's Standards for Treatment of Historic Properties; and B. That the proposed work is consistent with the General Plan, applicable design guidelines, or other policies adopted by the HPC or Council; and C. That the proposed Alteration shall not adversely affect the exterior features of the Historical Resource or its special character, interest or value of other improvements and surroundings, including facade, setback, roof shapes, scale, height and relationship of material, color and texture such that the historical integrity is diminished. 3. Maior Alterations COA- Denial If the HPC finds that the proposed Major Alteration(s) does not meet one or more of the findings of facts as listed in Chula Vista Municipal Code §21.07.080(2), the HPC shall deny the Major Alteration COA application. 4. Maior Alterations COA- Appeal All appeals shall be processed pursuant to Chula Vista Municipal Code §21.12.030. 21.08 DISCRETIONARY PROSECTS AND DEMOLITION OF HISTORICAL RESOURCES a-ai Ordinance No. Page 25 21.08.010 Discretionary Projects- Historical Resource Review Required Discretionary projects that propose Alteration, demolition or removal, of any Potential Historical Resource or Historical Resource shall require an Eligibility Determination pursuant to Chula Vista Municipal Code §21.07.020. 1. A COA shall be required, if it is determined that the proposed permit or project will impact a Historical Resource and shall follow the requirements and procedures set forth in Chula Vista Municipal Code §21.07.070 or §21.07.080; or 2. If the Resource is determined to not be a Historical Resource pursuant to criteria found in Chula Vista Municipal Code §21.04.100, or not to be a Contributing Resource defined in Chula Vista Municipal Code §21.03.028, then no further review will be required. 21.08.020 Discretionary Projects- Application, Requirements and Procedures. 1. If a Historical Resource exists the Zoning Administrator shall: A. Determine if the proposal is a Minor or Major Alteration and shall process Minor and Major Alterations pursuant to Chula Vista Municipal Code §21.07.070 or Chula Vista Municipal Code §21.07.080; or B. Have the discretion to require that a property owner or authorized agent retain an Expert Professional to conduct an Expert Technical Analysis. 2. Discretionary Projects -Findings of Fact For discretionary projects, the City shall make the findings of fact pursuant to Chula Vista Municipal Code §21.07.070 (2) or Chula Vista Municipal Code §21.07.080 (2), as applicable. 21.08.030 Demolition- Historical Resource Review Required Chula Vista Municipal Code § 15.44.055 requires that demolition applications undergo an Eligibility Determination pursuant to Chula Vista Municipal Code §21.07.020. (Also see the City's HPP Section 4.0- Historic Preservation Projects- Demolition and Relocation ofa Historical Resource). 1. A COA shall be required if it is determined that the proposed demolition will impact a Historical Resource and shall be processed pursuant to the procedures set forth in Chula Vista Municipal Code §21.07.070 or §21.07.080; or 2. If the Resource is determined to not be a Historical Resource pursuant to criteria found in Chula Vista Municipal Code §21.04.100, or not to be a Contributing Resource defined in Chula Vista Municipal Code §21.03.028, then no further review will be required. 21.08.040 Demolition COA- Application, Requirements and Procedures A COA to demolish any Historical Resource shall not be considered without an associated application for a building permit for a replacement structure or an application for a project for the Historical Resource involved. a-a2 Ordinance No. Page 26 1. Demolition - Findin¢s of Fact For demolition of Historical Resources, the City must first make the findings of fact to delist the resource pursuant to Chula Vista Municipal §21.05.040. 21.08.050 Unlawful Demolition of a Historical Resource 1. If a Historical Resource is unlawfully demolished without HPC approval, the City may pursue all or some combination of the following penalties: A. Injunctive relief to further the provisions of this chapter; B. No building or development permit shall be issued for the subject parcel of land for a period of three years from the date the City received notification of the demolition, and in no event shall any permit authorize future new construction to exceed the building square footage, lot coverage, and use of the original structure. C. Issuance of an administrative compliance order to stop an illegal demolition. If a Historical Resource is altered or demolished as a result, the City may require that the Historical Resource be restored according to The Secretary of the Interior's Standards for the Treatment for Historic Properties within a timeframe specified by the City. The City may, at its discretion, hire an Expert Professional to oversee the reconstruction project. The property owner shall be responsible to pay the City all costs associated with overseeing the reconstruction project and enforcement of the provisions herein. D. Fines may be levied against the property owner of record up to $10,000 for each violation. Unlawful Demolition of a Potential Historical Resource: If a Potential Historical Resource is unlawfully demolished without approval by the City, the City may require the property owner of record to fund apost-demolition Expert Technical Analysis to determine whether the unlawfully demolished Resource would have been considered eligible for designation and inclusion on the Local Register pursuant to the criteria specified in Chula Vista Municipal Code §21.04.100. A. If the subject Resource is determined to have been eligible for designation and inclusion on the Local Register, the City may apply all or some combination of the penalties specified in Chula Vista Municipal Code §21.08.050 (1).(A-D) B. If the subject Resource is determined to have been ineligible for designation and inclusion on the Local Register, the City may still enforce any other penalties specified in the Chula Vista Municipal Code §1.20 . C. Relief from Chula Vista Municipal Code §21.08.050 (1) (A-D): Requests for relief may be granted at the discretion of the Council, with a recommendation from the HPC, if the applicant applies for relief and pays associated fees and Council finds that one or more of the following facts exists: i. The subject Resource's Integrity had been diminished or lost because of natural or unintended disaster and the extant portions of the subject Resource have been found pursuant to Chula Vista Municipal Code §21.09.030 to present a dangerous conditions or will cause a detriment to public health and safety; or 8-43 Ordinance No. Page 27 ii. That demolition without replacement will not result in harm to the public. Hazm to the public shall be found if the demolition of the subject Resource: a. Results in the loss oflow-income housing stock which will not be replaced; or b. Is likely to result in nuisance uses of the vacant property; or c. Has a significant adverse visual, social or economic impact on the neighborhood. 21.09 MAINTENANCE AND REPAIR OF HISTORICAL RESOURCES 21.09.010 Minimum Maintenance & Repair In order to prevent any physical deterioration, loss of historic Integrity and other negative impacts to Historical Resources, the General Plan (Policy LUT 12.10) promotes the maintenance, repair, stabilization, rehabilitation, restoration, and preservation of Historical Resources in a manner consistent with federal and state standards. 21.09.020 Required Maintenance for Historical Resources 1. All property owners of Historical Resources shall have the responsibility to preserve and maintain the Historical Resource, and to avoid neglect by preventing decay and deterioration. Where necessary and feasible to protect the Historical Resource the property owner shall be required to restore and rehabilitate the Resource, in accordance with the rules and regulations published by the Secretary of the Interior and as amended from time to time. (Also see the City's HPP, Design Guidelines Section- Secretary of the Interior Standards for Treatment of Historical Properties.) 2. Owner shall maintain all buildings, structures, yards and other improvements in a manner which does not detract from the appeazance of the Historical Resource or the immediate neighborhood. The following are prohibited, which may include but not be limited to: A. Dilapidated, deteriorating, or unrepaired structures, such as: fences, roofs, doors, walls and windows; B. Scrap lumber, junk, trash or debris; C. Abandoned, discarded or unused objects or equipment, such as automobiles, automobile parts, furniture, stoves, refrigerators, cans, containers, or similar items; D. Stagnant water or excavations, including pools or spas; E. Any device, decoration, design, structure or vegetation which diminishes the historic character due to its height, unsightly condition, or its inappropriate location. F. In the case that a property owner fails to maintain a Historical Resource, or historically significant elements thereof, the City shall have the authority to enforce conditions to ensure that maintenance is completed to prevent any further deterioration pursuant to Chula Vista Municipal Code §21.11.010. The property owner shall be responsible for all costs associated with enforcement of the provisions herein. 5-44 Ordinance No Page 28 21.09.030 Hazardous or Unsafe Conditions Regulations established in this chapter shall not prevent Alterations, demolition, or removal of a Historical Resource or Historical Landscape if the current conditions of said Historical Resource or Historical Landscape results in a threat to public safety or public infrastructure or if a distinct hazard, as defined in the California Fire Code is found to exist. Threats to public safety are to be certified by the City's Building Official pursuant to Chula Vista Municipal Code § 15.18.010 and shall be provided in the form of a written notification to the HPC. The Director of Public Works has such authority over Historical Landscapes pursuant to Chula Vista Municipal Code § 12.32.160 and the Fire Marshal has authority to certify if a distinct fire hazard exists. In those cases where the hazardous or unsafe condition does not pose an immediate threat to public safety, the HPC shall provide additional input on any proposed Alterations or relocation of the subject Historical Resource. (Also see the City's HPP Section 4.0- Historic Preservation Projects- Fire protection of Historical Resources). 21.10 INCENTIVES & BENEFITS AND EXEMPTIONS 21.10.010 Incentives & Benefits Incentives and benefits for the protection, retention, and preservation of Historical Resources may be pursued, implemented, offered, and advertised as available under the City of Chula Vista HPP Section 6.0- Incentives and Benefits. 21.10.020 Historic Preservation Fund The Council may, at its discretion, establish a Historic Preservation Fund (HPF) from outside grant sources, private donations, fines and fees associated with unlawful demolition or unpet7rtitted Alterations to Historical Resources. Funds from the HPF may be made available at the discretion of the Council, and may support future City approved preservation activities including but not limited to Historical Resource survey projects, preparation of Expert Technical Analysis Reports or Historical Landscape studies, building rehabilitation efforts, acquisition of Historical Resources and other preservation activities that are found to meet the goals and objectives of the City HPP and this ordinance. (Also see the City's HPP Section 6.0- Incentives and Benefits- Local Incentives). 21.10.030 Economic Hardship Exemption Consideration for an economic hardship exemption from the required fees of this ordinance may be requested pursuant to Chula Vista Municipal Code §3.45.010. 21.11 ENFORCEMENT & PENALTIES 21.11.010 Enforcement & Penalties The City shall implement any necessary legal action to enforce the provisions contained in this chapter. A violation of any provision of this chapter or failure to comply with a condition of approval is expressly prohibited. Remedies specified under this chapter are in addition to and do not supersede or limit Chula Vista Municipal Code §19.08.030, Chula Vista Municipal Code § 19.080.040, and Chula Vista Municipal Code § 1.20 through Chula Vista Municipal Code § 1.41. The remedies provided for herein are cumulative and not exclusive. In any such action, the City may seek as appropriate any or all of following remedies: 1. A temporazy or permanent injunction. 8-45 Ordinance No. Page 29 2. Fines pursuant to Chula Vista Municipal Code §21.08.050 (1) (A-D) and (2) (A&B) Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection. 21.12 NOTICE, FEES AND APPEALS 21.12.010 Notice For actions that require an administrative consideration, notice of the time, place and purpose of such consideration shall follow the City's Development Services Department administrative review process. For actions that require a public hearing, notice of the time, place and purpose of such public hearing shall be given in the manner set forth in Chula Vista Municipal Code § 19.12.070. 21.12.020 Fees A fee, in the amount as presently designated or as may be in the future amended in the master fee schedule, shall accompany each application under this chapter. 21.12.030 Appeals The applicant or any other interested party may appeal the decision of the Zoning Administrator or HPC within 10 business days after the date of the decision. The matter shall be set for public hearing upon receipt of appeal application, which shall address in writing each of the findings for denial on a form prescribed by the City and shall submit a fee pursuant to Chula Vista Municipal Code §21.12.020 ,for appeals of historic preservation matters. All appeals shall be considered by Council. 21.13 SEVEBABILITY If any section, sentence, clause, phrase, word, portion or provision of this chapter is held invalid or unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this chapter which can be given effect without the invalid portion. In adopting this chapter, the Council affirmatively declares that it would have approved and adopted the chapter even without any portion which may be held invalid or unenforceable. Section IV. Effective Date This ordinance shall take effect on the thirtieth day from and after its final adoption. Presented by Gary Halbert, P.E., AICP Assistant City Manager/Development Services Director 5-46 Approved as to form by ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE MUNICIPAL CODE BY INCLUDING A NEW SECTION IDENTIFIED AS CHAPTER 2.43 ENTITLED HISTORIC PRESERVATION COMMISSION WHEREAS, in 2007 the City Council directed staff to develop a Historic Preservation Program that would qualify the City of Chula Vista for Certified Local Government Status; and WHEREAS, to qualify as a Certified Local Government the City is required to have a qualified Historic Preservation Commission; and WHEREAS, Chula Vista Municipal Code section 21.02.030 requires the creation of a qualified Historic Preservation Commission; and WHEREAS, the Historic Preservation Commission shall serve as the authority on historic preservation matters and will advise the City Council and other City Boards and Commissions, as needed, on historic preservation matters; and WHEREAS, the Historic Preservation Commission shall consist of seven (7) qualified members each with an interest, competence or knowledge in historic preservation; and WHEREAS, a minimum of four (4) members shall be appointed from among professionals in the disciplines of history, architecture, architectural history, planning, pre- historic archeology, folklore, cultural anthropology, curation, conservation, landscape architecture or related disciplines; and WHEREAS, at least one (1) member should be a California licensed real estate agent; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it is creating a Historic Preservation Commission that will assure the protection of historical resources in the City of Chula Vista. Thus, no further environmental review is required. NOW THEREFORE BE IT ORDAINED that the City Council of the City of Chula V ista does hereby find and determine as follows: Section I. Environmental Determination 5-47 Ordinance No. Page 2 That the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the California Environmental Quality Act (CEQA) Guidelines (Cal. Code of Regulations, Title 14, Division 6, Article 3, Chapter 3) because it is creating a Historic Preservation Commission that will assure the protection of historical resources in the City of Chula Vista. The City Council further finds that no further environmental review is required. Section II. Consistency with General Plan The City Council finds that the proposed adoption of Municipal Code Chapter 2.43 is consistent with the goals, objectives, and policies of the Chula Vista General Plan as it will help to protect Chula Vista's Historical Resources by establishing a qualified Historic Preservation Commission necessary to assist the City in qualifying for Certified Local Government Status. The City Council further finds that the proposed code sections are based on sound planning principles and practices that will provide for the protection and conservation of historic resources. . BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby adopt Municipal Code Chapter 2.43, entitled Historical Preservation Commission, as follows: Section III. 2.43 Historic Preservation Commission Sections: 2.43.010 Creation 2.43.020 Purpose and Intent 2.43.030 Functions and Duties 2.43.040 Membership 2.43.050 Term of Office 2.43.060 Operation of Commission 2.43.070 Vacancies 2.43.010 Creation. There is hereby created a Historic Preservation Commission. 2.43.020 Purpose and Intent It is the purpose and intent of the City Council in establishing the Historic Preservation Commission to create a commission that meets the Certified Local Government requirements, as defined by the national Historic Preservation Act, which would serve as the authority on historic preservation matters, and that would advise Council and other City Boards and Commissions, as needed, on historic preservation matters as is mandated by Chula Vista Municipal Code Title 21, the Historic Preservation Ordinance. 8-48 Ordinance No. Page 3 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. C. Assist staff in the development and maintenance of a certified Historic Preservation Program that carries out the provisions of the Certified Local Government Program. D. Ensure that appropriate historic contexts are identified and utilized for resource interpretation, evaluation, and recognition. E. Assist staff in 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 delistings from the City of Chula Vista Register of Historical Resources. H. Grant or deny applications for permits for demolition, or major alterations of historical resources. I. Grant or deny appeals from decisions of the Zoning Administrator for applications of minor alterations of historical resources. J. Encourage public understanding of and involvement in the unique historical, architectural, and environmental heritage of the City through educational programs. K. Explore means and support implementation strategies for the protection, retention and use of any historical resource, historic preservation district, or potential historical resource. L. Support the use of incentives and benefits for the protection, retention, and preservation of historical resources. M. Make recommendations to City Council on applications for participation in City approved historic preservation incentive programs including but not limited to the Mills Act Property Tax Abatement Program. N. Encourage cooperation between public and private historical and cultural preservation groups. 8-49 Ordinance No. Page 4 O. Advise the City Council and other Boards, Commissions and Committees as necessary on historic preservation issues. P. Perform other functions as appropriate to safeguard the City's historic, aesthetic, social, economic, political and architectural past. 2.43.040 Membership The Historic Preservation Commission membership shall follow the provisions of Chula Vista Municipal Code Sections 2.25.030-2.25.060 and shall consist of seven (7) 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., of the City Charter. A minimum of four (4) members shall be appointed from among professionals in the disciplines of history, architecture, architectural history, planning, pre-historic archaeology, folklore, cultural anthropology, curation, conservation, landscape architecture or related disciplines. In addition, at least one (1) member should be a California licensed real estate agent, and all seven members shall demonstrate an interest, competence or knowledge in historic preservation. 2.43.050 Term of Office The members shall serve a term of office pursuant to City Charter Section 602 and Chula Vista Municipal Code Sections 2.25.070-2.25.100. 2.43.060 Operation of the Commission Operation of the Historic Preservation Commission shall follow the provisions of Chula Vista Municipal Code Sections 2.25.170- 2.25.280. 1. 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. 2.43.070 Vacancies Vacancies of the Historic Preservation Commission shall follow the provisions of Chula Vista Municipal Code Sections 2.25.290 and 2.25.300. Section IV. Effective Date This ordinance shall take effect on the thirtieth day from and after its final adoption. Presented by Gary Halbert, P.E., AICP Assistant City Manager/Development Services Director Approved as to form by 8-50 ORDINANCE ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 2.32 REMOVING THE DUTIES OF HISTORIC PRESERVATION FROM THE RESOURCE CONSERVATION COMMISSION WHEREAS, in 2007 the City Council directed staff to develop a Historic Preservation Program that would qualify the City of Chula Vista for Certified Local Government Status; and WHEREAS, to qualify as a Certified Local Government the City is required to have a qualified Historic Preservation Commission; and WHEREAS, the Historic Preservation Commission members must all have an interest, competence or knowledge in historic preservation; and WHEREAS, historic preservation authority is currently vested with the Resource Conservation Commission; and WHEREAS, the Resource Conservation Commission membership does not meet the qualifications for Certified Local Government Status; and WHEREAS, the adoption of Municipal Code Chapter 2.43 creates and establishes a qualified Historic Preservation Commission that does meet the requirements for Certified Local Government Status; and WHEREAS, Municipal Code Sections 2.32.070 and 2.32.090 shall be repealed upon seating of the Historic Preservation Commission; and WHEREAS, the historic preservation duties and responsibilities of the Resource Conservation Commission shall be vested with the Historic Preservation Commission; and WHEREAS, the authority for historic preservation shall remain with the Resource Conservation Commission until the Historic Preservation Commission is seated; and WHEREAS, the Resource Conservation Commission's historic preservation responsibility shall include those responsibilities assigned to the Historic Preservation Commission through Chula Vista Muncipal Code Section 21.02.030; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it is limiting the scope 5-51 Ordinance No. Page 2 and duties of the Resource Conservation Commission and vesting in the Historic Preservation Commission a scope and duty that will assure the protection of historical resources in the City of Chula Vista. Thus, no further environmental review is required. NOW THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: Section I. Environmental Determination That the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it is limiting the scope and duties of the Resource Conservation Commission and vesting in the Historic Preservation Commission a scope and duty that will assure the protection of historical resources in the City of Chula Vista. Thus, no further environmental review is required. Section II. Consistency with General Plan The City Council finds that the proposed amendment of Municipal Code Chapter 2.32 is consistent with the goals, objectives, and policies of the Chula Vista General Plan as it will assist in the protection of Chula Vista's Historical Resources by establishing a qualified Historic Preservation Commission pursuant to Municipal Code Chapter 2.43 which is necessary to assist the City in qualifying for Certified Local Government Status. The City Council further finds that the proposed code amendment is based on sound planning principles and practices that will provide for the protection and conservation of historic resources through the creation of a qualified Historic Preservation Commission that will support and encourage the maintenance, repair, rehabilitation, restoration and preservation of historical resources in a manner consistent with federal an state standards. BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby approve an ordinance of the City of Chula Vista amending Chula Vista Municipal Code Chapter 2.32, entitled Resource Conservation Commission, as follows: Section III. Chapter 2.32 RESOURCE CONSERVATION COMMISSION Sections: 2.32.010 Purpose and intent. 2.32.020 Created -Appointment of members -Term. 2.32.030 Statement of city goals and policies. 2.32.040 Duties -General. 2.32.050 Additional duties -Environmental quality. 2.32.060 Additional duties -Energy conservation and resource recovery. 2.32.070 Administrative functions 8-52 Ordinance No. Page 3 2.32.100 Repealed. * For provisions of the Environmental Quality Act of 1970 generally, see Public Resources Code 21000, et seq.; for provisions authorizing attorney general intervention in matters of environmental concern, see Gov. Code § 12600, et seq.; for Charter law regarding appointive boards and commissions, see city Charter § § 600 - 606. Prior legislation: Prior code § 1.718, Ords. 1299 and 1310 2.32.010 Purpose and intent. It is the purpose and intent of the city council, in establishing the resource conservation commission, to create a broadly based multifunctional commission which is to provide citizens' advice to the city council in the areas of energy conservation, resource recovery, environmental quality,'' °"'' ^"°'''"'^"'^ ~ ~° rrct-=='-cn, and other related fields as determined by the city council. The resource conservation commission shall also provide this citizen advice to the other boards and commissions, the city manager and members of his staff on these matters. (Ord. 1928 § 2, 1980). 2.32.020 Created -Appointment of members -Term. There is created a resource conservation commission, consisting 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., of the Charter. The members shall serve for a term of four yeazs. Each member shall serve until his successor is duly appointed and qualified, and all vacancies shall be filled for the unexpired term of the member whose seat has become vacant. (Ord. 1928 § 2, 1980). 2.32.030 Statement of city goals and policies. The following are goals and policies of the city which relate to the duties of the resource conservation commission: A. Create and maintain conditions under which man and nature can exist in productive harmony to fulfill the social and economic requirements of present and future generations; B. Take all actions necessary to provide the people with clean air and water, enjoyment of aesthetic, natural and scenic qualities, and freedom from excessive noise; C. Prevent the elimination offish or wildlife species due to population intrusion, assist in assuring that these populations do not drop below self-perpetuating levels, and preserve for future generations representations of indigenous plant and animal communities; D. Ensure that the long-term protection of the environment shall be the guiding criterion in decisions by the city; 8-53 Ordinance No. Page 4 E. Encourage the utilization of alternatives to nonrenewable energy sources; F. Maximize the conservation and efficient utilization of nomenewable resources; G. Seek equitable sharing of both the benefits of energy consumption and the hardships of energy shortages; H. Minimize any conflict with any national, state, regional or local energy goals; I. Maximize the recovery, recycling and reuse of waste resources through city action and cooperation with other public agencies and private concerns; •r.,.. ...w:,.~... :a,..ti i a F w~ r~ ~ , . (Ord. 1928 § 2, 1980). 2.32.040 Duties -General. The commission shall provide the city council with a citizens' assessment of the following: A. The effectiveness of proposed goals, policies, procedures and regulations of the city in accomplishing the purpose, intent and goals of this chapter; B. The effects of individual projects being subjected to environmental review on the implementation of the purpose, intent and goals of this chapter; C. The extent to which the capital improvement program implements this chapter; D. Additionally, when needed, submit to the city council recommendations for new goals, policies, procedures or regulations necessary to implement this chapter; E. The commission may recognize individuals or groups in the community who have implemented notable measures to foster the purpose, intent and goals of this chapter; F. Hold hearings and take testimony of any persons under oath, if desired, relating to any matter under investigation or in question before this commission. (Ord. 1928 § 2, 1980). 2.32.050 Additional duties -Environmental quality. A. The chair, or a member of this commission designated by the chair, shall be a member of the environmental review committee. B. The commission, its chair or designated member may review all environmental documents to assure adequate commission review, analysis and comment. C. In conjunction with input on environmental documents, the commission may make recommendations regarding the environmental impact, energy or resource conservation, er 8-54 Ordinance No. Page 5 «^^r ^«'~~^*^~~^ -°°^^~e~s of the project to the appropriate decision making authority. These recommendations may include methods to mitigate adverse effects, reduce energy or resource consumption, or other suggestions within the purpose and intent of the commission. (Ord. 1928 2, 1980). 2.32.060 Additional duties -Energy conservation and resource recovery. A. All proposed energy or resources conservation or recovery policies, programs, or regulations shall be reviewed by the commission so it may make recommendations to the city council regarding compliance with this chapter. B. The commission may make recommendations to city staff, other boards or commissions, or the city council regarding the commission's review of policies, programs or regulations. C. The commission shall review and make a recommendation to the council for the disposition of appeals regarding the administration of CVMC Title 20, Energy Conservation, except those portions which are within the scope of the board of appeals and the planning commission. (Ord. 1928 § 2, 1980). ~ Z~ non Add:4:....«I d..4:..e II:ok...-:..«I ...-..k°n4:^.. A D ,l .,. rl,e ,.: t.. .. ,.:t .7.,, ,1 e..:..«.,+:..« ..F ..«., ..:r° .,,1,:,.1, :r 1,.,.. f .,«,] r,, .,,°°r rl, ,. ~,....... .b.. ..........~..~ .... .................... ^« ......... ............. :,1 e,7 :__«_ ('SIT rT!' 7 ~~ non .. t,....l.l t,° ~°,1 ,.._,_ rl,°_ ~:t~ R r ,.r .. J :te .,t.:,.t. rt.,. 1,., ° ., r^ ti`°1: ~~~od:~,-.rl.i .,;~°r~l,@z-ra..:r «; hiStAFircal e e e l : R.«A:«.... ~..a: ,.« ,. « A:.,:.1.,.,1 1......1 ~r~r° .~ e e ,. ..r,. «,.,.. « f A°r.. e e , ~ , 1': 8-55 Ordinance No Page 6 ~ou~ ....... ..... .........•--------~ ---- - ------ --- .. histeric-al ,~ +~ ^~4~ ^ ^~' (Ord. 1928 § 2, 1980). 2.32.080 Administrative functions. A. The commission shall select a chair and vice-chair from its membership at the commencement of each fiscal year. Four members shall constitute a quorum for the transaction of business. B. The commission shall meet not less than once a month and at the call of the chair, or in his absence, the vice-chair or a majority of the members of the commission. C. The commission shall adopt reasonable rules, regulations, procedures and standards, which are consistent with the law, and which are necessary to implement goals, policies and intent of this chapter and related goals, policies and regulations of the city. D. The city manager may make available staff and clerical support as necessazy to fulfill its functions and duties, provided such staff and clerical support is available. In the event that private funds or funds from other governmental agencies are made available for special projects, surveys, educational programs or general program support, the city manager is authorized, upon recommendation of the commission and approval of the council, to enter into appropriate contracts for the utilization of such funds in furtherance of the purpose and intent of, and the duties and functions of, the commission. E. The resource conservation commission shall have no power or right to acquire any property for or on behalf of itself or the city, nor shall it acquire or hold any money for itself or on behalf of the city. , . (Ord. 1928 § 2, 1980). > r r^ -4 l- L. «,7 eke ,. il..,i +L.o .1 i k - 1 7 y ~ a 8-56 Ordinance No. Page 7 .nrh:« .. T.: nl, r,. ,.l.:nnr •.. rl.o « «o.l .lo..,..l:r; ..., ... nlro«.,r:,,« ,. o .nl ..F r l,n r«on n In«r~ .. „rl. n« «. n:,.« 1....,l..nn «;.,,. 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F«.,«. n «o«r., .lo«:rt«~red . e R..n An. n nF a.. «nno;«r //l.-.7 1074 R 7 1 OYn\ 5-57 Ordinance No. Page 8 Section IV. Effective Date This ordinance shall take effect on the thirtieth day from and after its final adoption. Presented by Gary Halbert, P.E., AICP Assistant City Manager/Development Services Director 8-58 Approved as to form by ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA MODIFYING THE ZONING ADMINISTRATOR FUNCTIONS BY AMENDING MUNICIPAL CODE SECTION 19.14.020 ENTITLED ZONING ADMINISTRATOR - CREATION OF POSITION, AND SECTION 19.14.030 ENTITLED ZONING ADMINISTRATOR -ACTIONS AUTHORIZED WITHOUT PUBLIC HEARING, TO INCLUDE HISTORIC PRESERVATION AUTHORITY WHEREAS, in 2007 City Council directed staff to develop a Historic Preservation Program that would qualify the City of Chula Vista for Certified Local Govemment Status; and WHEREAS, to qualify as a Certified Local Government the City is required to have a qualified Historic Preservation Commission; and WHEREAS, Chula Vista Municipal Code section 21.02.030 requires the creation of a Historic Preservation Commission; and WHEREAS, the Historic Preservation Commission shall serve as the authority on historic preservation matters and will. advise the City Council and other City Boards and Commissions, as needed, on historic preservation matters as is mandated by the Historic Preservation Program; and WHEREAS, to relieve the Historic Preservation Commission of certain routine functions, the Zoning Administrator shall have authority as is granted herein; and WHEREAS, the Zoning Administrator is authorized to act in the place of the Historic Preservation Commission in the case of Minor Alteration Certificates of Appropriateness (COA), pursuant to Chula Vista Municipal Code section 21.07.070; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it is amending the duties of the City's Zoning Administrator that will assure the protection of historical resources in the City of Chula Vista. Thus, no further environmental review is required. NOW THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: 8-59 Ordinance No. Page 2 Section I. Environmental Determination That the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the California Environmental Quality Act (CEQA) Guidelines (Cal. Code of Regulations, Title 14, Division 6, Article 3, Chapter 3) because it is amending the duties of the City's Zoning Administrator that will assure the protection of historical resources in the City of Chula Vista. The City Council further finds that no further environmental review is required. Section II. Consistency with General Plan The City Council finds that the proposed amendments of Municipal Code Sections 19.14.020 and 19.14.030 are consistent with the City of Chula Vista General Plan. The proposed code amendments are based on sound planning principles and practices that will provide for the protection and conservation of historic resources. Section III. Consistency with Zoning Administrator Functions The amendments to these code sections allows for the Zoning Administrator to relieve the Historic Preservation Commission of certain functions. BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby amend Municipal Code sections 19.14.020 and 19.14.030 of the City of Chula Vista, as follows: Section IV. 19.14.020 Zoning administrator -Creation of position. A. In order to relieve the Planning Commission, the Historic Preservation Commission or Chula Vista Redevelopment Corporation, within designated redevelopment project areas, of certain routine functions necessary to the proper administration of this chapter, a Zoning Administrator is created. B. Authority. The Development Services Director or designee may serve as a Zoning Administrator. The Zoning Administrator shall have the authority to consider applications, preside at heazings, and make impartial decisions on permits, maps, or other matters based on the application, written materials prepared prior to the hearing, and information received at the hearing. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2790, 1999; Ord. 1212 § 1, 1969; prior code § 33.1302(A)). 19.14.030 Zoning administrator -Actions authorized without public hearing. The Zoning Administrator is authorized to consider and to approve, disapprove or modify applications on the following subjects, and/or issue the following required permits without setting the matter for a public hearing: 5-60 Ordinance No. Page 3 A. Conditional Use Permit. The Zoning Administrator shall be empowered to issue conditional use permits, as defined herein, in the following circumstances: 1. Where the use to be permitted does not involve the construction of a new building or other substantial structural improvements on the property in question; 2. Where the use requiring the permit would make use of an existing building and does not involve substantial remodeling thereof; 3. For signs, as defined herein, and temporary tract houses, as limited herein; 4. Carnivals and circuses; 5. Roof-mounted satellite dishes; 6. Recycling collection centers (small) in accordance with CVMC 19.58.345(B); 7. Cellular facilities (stealth) pursuant to CVMC 19.89.050. B. Variances. The Zoning Administrator shall be authorized to grant variances for limited relief in the case of: 1. Modification of distance or area regulations; 2. Additions to structures which are nonconforming as to side yard, rear yard, or lot coverage, providing the additions meet the requirements of this title affecting the property; 3. Walls or fences to exceed heights permitted by ordinances. Modifications requested in said applications for relief described under subsection (B)(1), (2) or (3) of this section shall be limited to deviations not to exceed 20 percent of the requirements imposed by ordinances. C. Site, Architectural, and Landscape Plan Approvals. The Zoning Administrator shall be empowered to grant site plan, architectural plan and landscape plan approval as provided herein. D. Large family day care homes in accordance with CVMC 19.58.147. (Ord. 3153 § 2 (Exh. A), 2010; Ord. 2616 § 5, 1994; Ord. 2526 § 1, 1992; Ord. 2506 § 1, 1992; Ord. 2290 § 1, 1989; Ord. 2075 § 2, 1984; Ord. 2011 § 1, 1982; Ord. 1813 § 1, 1978; Ord. 1371 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1302(B)). E Minor Alterations Certificate of Appropriateness (COA) in accordance with Chula Vista Municipal Code Section §21.07.070. 8-61 Ordinance No. Page 4 19.14.035 Zoning Administrator -Application -Fee - Without a public hearing. A. Applications for actions authorized by the Zoning Administrator without a public hearing shall be made to the Development Services Director in writing on a form prescribed by the Development Services Director and shall be accompanied by plans and data sufficient to show the detail of the proposed use building, or Alteration as defined in Chula Vista Municipal Code $21.03.002. B. 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 for a variance or conditional use permit or modifications thereto considered by the Zoning Administrator without a public hearing. The Development Services Director shall cause the matter to be set for consideration by the Zoning Administrator in the manner required for setting zoning matters for hearing, pursuant to CVMC 19.12.070(B), (C), and (D), as if the matter were to be a hearing. In the event objections or protests are received, the Zoning Administrator shall set the matter for public heazing as provided herein. (Ord. 3153 § 2 (Exh. A), 2010). Section V. Effective Date This ordinance shall take effect on the thirtieth day from and after its final adoption. Presented by Gary Halbert, P.E., AICP Assistant City Manager/Development Services Director Approved as to form by l s ~it 8-62 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 19.56 BY ADOPTING MUNICIPAL CODE SECTION 19.56.300 ENTITLED HISTORIC PRESERVATION MODIFYING DISTRICT- PURPOSE; AND SECTION 19.56.310 HISTORIC PRESERVATION MODIFYING DISTRICT- APPLICATION WHEREAS, in 2007 City Council directed staff to develop a Historic Preservation Program that would protect the City's historical resources; and WHEREAS, staff developed a Historic Preservation Program and Ordinance that allows for the designation of both individual properties and Historic Preservation Districts; and WHEREAS, preservation of designated historic districts and the story they tell may be accomplished, in part, by providing flexibility of zoning regulations; and WHEREAS, the Historic Preservation Program and Ordinance would allow for a Historic Preservation modifying district, to be applied to a designated Historic Preservation District to allow for flexibility of zoning regulations; and WHEREAS, said modifying district shall take precedence over the otherwise applicable regulations of the underlying zone; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it adopts regulations which allow for preservation of designated historic districts resources in the City of Chula Vista. Thus, no further environmental review is required. NOW THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: Section I. Environmental Determination That the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it adopts regulations which allow for preservation of designated historic districts resources in the City of Chula Vista. The City Council further finds that no further environmental review is required. 8-63 Page 2 Section II. Consistency with General Plan The City Council finds that the proposed adoption of Municipal Code Sections 19.56.300 and 19.56.310 are consistent with the City of Chula Vista General Plan. The proposed code sections are based on sound planning principles and practices that will provide for the protection and conservation of historic resources. The adoption of the proposed code sections allows for preservation of historic districts through flexibility of zoning regulations. The amendment will also assist the City in protecting historic preservation districts and the story they tell. BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby adopt Municipal Code Section 19.56.300 entitled Historic Preservation Modifying District- Purpose and Section 19.56.310 entitled Historic Preservation Modifying District- Application, as follows: Section III. 19.56.300 - HP Historic Preservation Modifying District -Purpose The purpose of the HP Modifying District is to allow for preservation of designated historic districts resources and the story they tell of the city's growth and development, architectural styles and accessory details, historical themes and development patterns of an area by providing flexibility of zoning regulations. The adopted regulations for the HP Modifying District shall take precedence over the otherwise applicable regulations of the underlying zone. 19.56.310- HP Historic Preservation Modifying District- Application A. The HP Modifying District may be applied only to properties within those areas designated as Historic Preservation Districts and shall meet the provisions of Chula Vista Municipal Code §21.06.070. A HP Modifyer shall apply to all properties within an HPD. B. A HP Modifying District may be applied for concurrently with an application for a Historic Preservation District, or may be applied for subsequent to the formation of an HPD. C. All applications shall be reviewed by the Historic Preservation Commission and the Planning Commission with recommendations forwarded to City Council in accordance with the findings of fact Found in Chula Vista Municipal Code §21.06.080. 8-64 Page 3 Section IV. Effective Date This ordinance shall take effect on the thirtieth day from and afrer its final adoption. Presented by Gary Halbert, P.E., AICP Assistant City Manager/Development Services Director 8-65 Approved as to form by ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING MUNICIPAL CODE CHAPTER 15.44 BY ADOPTING NEW MUNICIPAL CODE SECTION 15.44.055 ENTITLED DEMOLITION, REMOVAL OF HISTORICAL RESOURCES -PERMIT REQUIRED -FEE WHEREAS, in 2007 City Council directed staff to develop a Historic Preservation Program that would protect Chula Vista's historical resources; and WHEREAS, staff developed a Historic Preservation Program that would require a permit to demolish historical resources; and WHEREAS, the Historic Preservation Program also creates a process to determine eligibility of those resources that are not yet identified as historical resources; and WHEREAS, those resources that are determined to be eligible historical resources shall also require a permit when proposed for demolition; and WHEREAS, Municipal Code Section 15.44 establishes the process for moving, relocating, or demolishing buildings in Chula Vista; and WHEREAS, the adoption of Municipal Code Section 19.44.055 will provide consistency with the City's Historic Preservation Program; and WHEREAS, the Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it is requiring monitoring by the City before any historic resource may potentially be demolished thereby assuring the protection of historical resources in the City of Chula Vista. Thus, no further environmental review is required. NOW THEREFORE BE IT ORDAINED that the City Council of the City of Chula Vista does hereby find and determine as follows: Section I. Environmental Determination That the project qualifies for Class 31 and Class 8 Categorical Exemptions pursuant to Section's 15331 and 15308 (Historical Resource Restoration/Rehabilitation and Actions by Regulatory Agency for Protection of the Environment) of the State CEQA Guidelines because it is requiring monitoring by the City before any historic resource may potentially be demolished thereby assuring the protection of historical resources in the City of Chula Vista. The City Council further finds that no further environmental review is required. 8-66 Ordinance No. Page 2 Section II. Consistency with General Plan The City Council finds that the adoption of Municipal Code Section 15.44.055 is consistent with the City of Chula Vista General Plan and that the proposed code section is based on sound planning principles and practices that will provide for the protection and conservation of historic resources. The City Council further finds that the adoption of the subject code section allows the City to review proposed demolitions or relocations of potential historical resources and will require a permit for the proposed demolition of historical resources. The City Council further finds that the adoption of the subject code section will also assist the City in protecting historical resources by establishing a review process for demolition permits. BE IT FURTHER ORDAINED, that the City Council of the City of Chula Vista does hereby adopt Municipal Code Section 15.44.055, as follows: Section III. 15.44.055 Demolition, removal of Historical Resource -Permit required -Fee. Before anv potential or designated historical resource within the City is demolished or removed, the person, firm or corporation doing the demolishing or removing shall first obtain a permit from the Development Services Department. Potential historical resources shall require a determination of eli ibility pursuant to Chula Vista Municipal Code §21.07.020 before issuance of anv permits. Eligible and designated historical resources shall require a Certificate of Appropriateness (COA) pursuant to Chula Vista Municipal Code §21.08.040 before issuance of anv permits. A separate required permit fee(s) shall be charged for each separate parcel of land where demolishing or removing is takingplace. Section IV. Effective Date This ordinance shall take effect on the thirtieth day from and after its final adoption. Presented by Gary Halbert, P.E., AICP Assistant City Manager/Development Services Director 8-67 Approved as to form by RESOLUTION NO. 2011 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2011-12 DEVELOPMENT SERVICE DEPARTMENT BUDGET (GENERAL FUND) TO APPROPRIATE FUNDS TO SUPPORT THE HISTORIC PRESERVATION COMMISSION WHEREAS, the Resource Conservation Commission currently has authority over Historic Preservation activities in the City of Chula Vista; and WHEREAS, the City Council has adopted a Historic Preservation Program and a Historic Preservation Ordinance (Title 21of the Chula Vista Municipal Code); and WHEREAS, the City Council has adopted Chapter 2.43 of the City of Chula Vista Municipal Code creating the Historic Preservation Commission (HPC); and WHEREAS, newly adopted Chapter 2.43 of the City of Chula Vista Municipal Code vests authority over Historic Preservation activities with the Historic Preservation Commission; and WHEREAS, Chapter 2.43 of the City of Chula Vista Municipal Code was adopted by the City Council after the FY 201 I-12 City budget had been adopted; and WHEREAS, the FY 2011-12 City budget does not include funds to support the newly formed HPC; and WHEREAS staff has determined that $2,825.00 will be needed in FY 2011-12 to support the HPC; and WHEREAS, on July 12, 2011, the City Council adopted a resolution amending certain sections of Chapter 14 (Planning) of the City's Master Fee Schedule, creating new fees to recover the cost of providing City staff services associated with the Historic Preservation Program; and WHEREAS, the newly created Historic Preservation Program fees will generate unanticipated General Fund revenues in fiscal year 2011-12 in excess of $2,825; and WHEREAS, the Council desires to appropriate a portion of these unanticipated revenues to support the HPC. NOW THEREFORE BE IT RESOLVED THAT the City Council approves the appropriation of funds in the amount of $2,825 to the fiscal year 2011-12 Development Services Department (General Fund) supplies and services budget based on unanticipated Historic Preservation Program fee revenues for the purposes of supporting the HPC. 5-68 Presented by Gary Halbert, P.E., AICP Assistant City Manager/Development Services Director 5-69 n ..~..,...,,,7 ,.,..,. F,...,, 1,., %`-(G/,gl.EtA.f ENT T MINUTES OF A SPECIAL MEETING OF THE RESOURCE CONSERVATION COMMISSION June 13, 2011 City of Chula Vista, Council Chambers 276 Fourth Avenue MEETING CALLED TO ORDER: By Chair Stillman at 4:02 pm ROLL CALL: MEMBERS PRESENT: Chair Stillman, Commissioners Coleman, Cory, and Davis MEMBERS ABSENT: Commissioner Rahimzadeh MOTION TO EXCUSE: Commissioner Rahimzadeh, approved STAFF PRESENT: Public Works Director Hopkins, Engineering Assistant Director Quilantan, Environmental Resource Manager Reed, Environmental Resource Program Manager France, Principal Planner Ponseggi, Associate Planner Tessitore- Lopez, Recycling Intern Coppola, and Sr. Secretary Fields OTHERS PRESENT: None APPROVAL OF MINUTES: The Minutes of May 9, 2011 were approved with the revision to show the meeting called to order by Chair Stillman instead of Vice Chair Rahimzadeh ORAL COMMUNICATIONS: None INFORMATION ITEMS 1. Regional Used Oil Recycling Program Recycling Intern Coppola's discussion included information on the South Bay/East County Partnership and the public education requirements involved in the program. He also stated that Chula Vista was the lead agency on the project. The board then commented and presented questions. 2. Proo 84 Urban Greening Projects -Grant Proposals Environmental Resource Manager Reed stated that the City is preparing to submit concept proposals for two grants. The first proposal called Park-it-Green Demonstration Project is a project to develop a sustainable parking lot at Greg Rogers Park. Reed discussed the design features of the project and the educational signage that will be implemented. He also stated that the project is designed to broaden information about the climate adaptation policy. The goal of the second proposal, Rice Canyon Gateway Project is to improve public access and to create a new interpretive area. Reed discussed the design features and educational signage of this project as well, along with the various visitor amenities. He went on to talk about the next steps and then took questions from the board. RCC Minutes, 6/13/11, Page 1 of 3 8-70 3. RCC Action Plan Discussion This item was postponed to the next meeting. ACTION ITEMS: 1. Historical Preservation Program Principal Planner Ponseggi gave an overview of the program and provided details on the history of the program to date regarding Council direction and input from commission advisory groups. Associate Planner Tessitore-Lopez then walked the board through the sections of the draft Ordinance and the proposed changes. She went over some of the key definitions used throughout the Ordinance and described the various categories of historic designations. She also discussed the eligibility determination process and the permitting process for alterations to historical resources. Other topics mentioned in the presentation were the requirements of demolition of historical resources and the incentives and benefits available on the federal, state, and local levels. The Chair opened the floor to public comments. Resident Corinne McCall spoke in favor of the item, and resident John Miller asked clarifying questions regarding some of the criteria for designating a home as historic. Board members then provided comments and asked questions of staff. Action: Chair Stillman made a motion that the Resource Conservation Commission recommends that City Council approve the City of Chula Vista Historic Preservation Program, including the Historic Preservation Ordinance and other implementing ordinances. The motion was seconded by Commissioner Davis. The motion passed unanimously with Commissioner Rahimzadeh absent. Action: Chair Stillman made a motion that City Council reconsider the amount of the fine-that $10,000 is too low to be a deterrent to demolition. The motion was seconded by Commissioner Cory. The motion passed unanimously with Commissioner Rahimzadeh absent. DIRECTOR COMMENTS Director Hopkins recognized upcoming new RCC member Nora Vargas who was present in the audience. • He announced a publication coming out in the South County edition of the Union Tribune on June 24`", which highlights helping Chula Vista residents and businesses reduce their energy costs through the Home Upgrade/Carbon Downgrade Program. The ad features Commissioner Rahimzadeh's business as one of our clean businesses. He also stated that we have partnered with the Chamber and that they have a spotlight on their website for our Chula Vista Clean Team as well as for our Clean Business Program. RCC Minutes, 6/13/11, Page 2 of 3 8-71 CHAIR COMMENTS None COMMISSIONER COMMENTS • Commissioner Davis stated that he has enjoyed all of the RCC meetings since becoming an RCC member and has appreciated everyone's participation. • Commissioner Colman stated that he was pleased with the decision the board made tonight regarding the Historic Preservation Program. • Commissioner Cory displayed a certificate presented to the City of Chula Vista by the National Wildlife Federation's Backyard Wildlife Habitat Program for exceptional merit in preserving, enhancing, and restoring wildlife habitat and communicating the importance of habitat stewardship to the public. The certificate was presented due to the City becoming a Certified Wildlife Habitat Community. ADJOURNMENT: The meeting was adjourned at 6:00 p.m. to a regular meeting on Monday, June 27, 2011, at 4:00 pm in Executive Conference Room 103, Building 300, 276 Fourth Avenue, Chula Vista, CA 91910. Prepared by: Sheryl Fields Sr. Secretary RCC Minutes, 6/13/11, Page 3 of 3 5-72 ~ 77~~4 CfF.u EA! i S MINUTES OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA Council Chambers 6:00 p.m. 276 Fourth Avenue May 25, 2011 Chula Vista, California CALL TO ORDER: ROLL CALL /MOTION TO EXCUSE: Members Present: Member Absent: Spethman, Liuag, Bringas, Tripp, Felber, Vinson Moctezuma MSC (Tripp/felber) (6-0-0-1) to excuse Cmr. Moctezuma. Motion carried. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE: APPROVAL OF MINUTES: March 9, 2011 Postponed to next regular meeting due to a lack four members being present who are able to vote on the minutes. INTRODUCTORY REMARKS: Read into the record by Chair Spethman ORAL COMMUNICATION: No public input CONSENT ITEMS: None REPORT: 1. Information Item: Introduction of City Attorney Glen Googins. City Attorney Googins addressed the Commission and offered his services and that of his department's. 2. Public Hearing: PCM 04-10; Consideration of the City of Chula Vista Historic Preservation Program and Historic Preservation Ordinance and consideration of and recommendation to the City Council to amend Chula Vista Municipal Code Chapter 19.56 concerning modifying districts. Background: Ed Batchelder, Advance Planning Manager stated the Historic Preservation Program is the culmination of a comprehensive program that went through an exhaustive 8-73 Planning Commission Minutes - 2 - May 25, 2011 public outreach effort and input from an advisory committee. He stated it's fitting that the completion of the program should be on the City's Centennial celebration. Mr. Batchelder introduced the Marilyn Ponseggi and Lynette Tessitore-Lopez, project managers. Marilyn Ponseggi stated that in May 2007 the City Council approved a work program and directed staff to prepare a Historic Preservation Program and Ordinance that's consistent with the City's General Plan, a program and ordinance that would qualify as a Certified Local Government status in accordance with State and Federal laws pertaining to historic preservation. Lynette Tessitore-Lopez gave an overview of the ordinance and expanded on the seven key sections of the ordinance that are intended to lead the user through the historic preservation process; they are: Definitions Historical Resource Surveys • Designation of Historical Resources • Historic Preservation Districts • Alterations of Historic Resources • Demolition of Historical Resources • Incentives and Benefits Ms. Lopez stated that the ordinance has an extensive Definitions section to assist the user in understanding the terms used throughout the Ordinance and program; they are: 1) Potential Historical Resource, 2) Eligible Historical Resource, 3) Historical Resource, 4) Minor Alterations, and 5) Major Alterations. Staff Recommendation: that the Planning Commission: 1. Consider the proposed Historic Preservation Program, Historic Preservation Ordinance and other implementing ordinances and provide comments to the City Council; and 2. Approve Resolution PCM 04-10 recommending that City Council amend Chula Vista Municipal Code Chapter 19.56 by adopting Municipal Code section 19.56.300 entitled Historic Preservation Modifying district -Purpose and Section 19.56.310 Historic Preservation Modifying District -Application. Public Hearing Opened. Kevin O'Neill stated he served as Chair of the Citizens Advisory Committee and gave an overview of compromises that were made by both parties in finalizing the HPP and Ordinance. He added that contrary to detractors' belief that the ordinance isn't needed because we already have CEC,p, guidelines, the City is better off having an Ordinance that clearly defines what the parameters and guidelines are. Additionally, the Ordinance 8-74 Planning Commission Minutes - 3 - May 25, 2011 enables the City to acquire Certified Local Government Status, to be able to apply for funding, as well as move forward with conducting the historical resource survey. He urged the Commission to recommend approval of the ordinance, with an additional recommendation that it's implementation be held in abeyance until such time as frontline counter staff and Zoning Administrator are trained and the historical resource survey is completed. He also recommended that any denial of a building permit or by the HPAC be appealable to the City Council without additional cost. Glenda Devaney stated the community overwhelmingly supports a historic program, as evidenced by the success and attendance of the recent Centennial Historical Home Tour; she urged the Commission's recommendation to approve the program and ordinance. Imozelle McVeigh stated the delay in finalizing the HPP has come at a cost and diminished the inventory of historical resources because some homes have been destroyed or remodeled beyond recognition from its original design. She urged the Commission's recommendation for approval. Susan Walter stated the Mills Act allowed them a break in the cost of reroofing, termiting, and maintenance work on their home, which otherwise they could not have afforded to do. James McVeigh stated that this ordinance strikes a balance between property owner rights and the need to preserve historic resources; he urged the Commission to recommend to the City Council approval of the Ordinance. Peter Watry echoed Mr. McVeigh's statement and stated the program and ordinance is a fine example of two groups with opposing passions coming together and compromising for the betterment of the community Coreen McCall stated overwhelming support of the ordinance, but expressed reservation and would request further research on the issue of owner-consent regarding the eligibility of historic designation of these properties. In addition, in her opinion, the fine of $10K for the unlawful demolition of a historic property is not high enough to be a deterrent. The City of San Diego fine is $75K and they are considering raising it to be a fine equal to the cost of reconstruction. Ellie Mello, representing Pacific Southwest Assoc. of Realtors stated they oppose the ordinance as written, are of the opinion that it undermines individual private property rights and believe there is room for improvement in the ordinance. Ms. Mello also stated that realtors need to disclose an accurate and current property profile to their clients and 8-75 Planning Commission Minutes - 4 - May 25, 2011 urged that the City move forward to conduct the survey identifying historical resources as soon as possible. Public Hearing Closed. Commission Comments: Cmr. Felber stated that Section 21.05.060 addressing fines and penalties for delisting at no fault of the property owner has a connotation of doing something wrong. The language reads that the ZA or HPC may make a recommendation to waive fines and penalties. If it's at no fault of the property owner, the language should read that the fines and penalties shall be waived. Cmr. Felber further added that there should be no fees for appealing a denial of the ZA or HPC. Cmr. Vinson wished to go on record that he opposes anything that infringes on individual property rights and for that reason he cannot support making a recommendation to City Council to approve the ordinance and program. MSC (Tripp/ )that the Planning Commission approve PCM 04-30 Consideration of the City of Chula Vista Historic Preservation Program and Historic Preservation Ordinance and consideration of and recommendation to the City Council to amend Chula Vista Municipal Code Chapter 19.56 concerning modifying districts. Motion failed for lack of a second. Attorney Shirey clarified that the Planning Commission's jurisdiction is related to making a recommendation to Council on Title 19 Historic Preservation Modifying District and they can take formal action by way of a motion approving Resolution PCM 04-10. He further clarified that even though the Planning Commission does not have jurisdiction to recommend approval on the overall Historic Preservation Program, they could offer a courtesy motion indicating their approval or not on the overall program. MSC (Tripp/Felber)(5-1-0-1) that the Planning Commission approve Resolution PCM recommending that the City Council amend Chula Vista Municipal Code Chapter 19.56 by adopting Municipal Code Section 19.56.300 entitled Historic Preservation Modifying District -Purpose; and Section 19.56.310 Historic Preservation Modifying District - Application, with a caveat stating that their recommendation is contingent upon the RCC recommending approval of the Historic Preservation Program and Historic Preservation Ordinance. Motion carried with Cmr. Vinson voting against the motion. MSC (Felber/liuag) (5-1-0-1) that the Planning Commission make a recommendation to the City Council that they consider not assessing fines and penalties for delisting if it is found that the cause of delisting is no fault of the property owner. Motion carried with Cmr. Vinson voting against the motion. 8-76 Planning Commission Minutes - 5 - Adjournment at 8:25 to a Planning Commission meeting on June 8, 2011. Diana Vargas, Secretary to the Planning Commission May 25, 2011 8-77