HomeMy WebLinkAbout2011/07/19 Item 08 Attachment A Appendix_GG_Ordinance_Front_Page
ORDINANCE NO.
AN 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 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.
Ordinance No.
Page 2
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:
21.02General Provisions
21.03Definitions
21.04Identification and Designation of Historical Resources
21.05Delisting of Historical Resources
21.06Historic Preservation Districts (HPD?s)
21.07Alterations of Historical Resources
21.08Discretionary Projects and Demolition of Historical Resources
21.09Maintenance and Repair
21.10Incentives, Benefits and Exemptions
21.11Enforcement and Penalties
21.12Notice, Fees, and Appeals
21.13Severability
21.02GP
ENERAL ROVISIONS
21.02.010 Title
This chapter shall be known as the City of Chula Vista Historic Preservation Ordinance
(HPO).
Ordinance No.
Page 3
21.02.015Enabling 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.
21.02.020Purpose & 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.
21.02.030Historic Preservation Authority
There is created a Historic Preservation Commission (HPC), pursuant to Chula Vista
Municipal Code Chapter2.43. 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
Ordinance No.
Page 4
consistency of said projects with the City?s HPP, applicable historic district guidelines, and
this ordinance.
21.03D
EFINITIONS
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 Brief 14- New Exterior Additions to
Preservation Projects and Appendix:
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
National Register BulletinHow to Evaluate and Apply Criteria, Section
HPP- Appendix-
VI
).
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
et seq
Code §§ 18950,. 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
California?s State Historical
State Historical Building Code and the City?s HPP Appendix-
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
Certificate of Appropriatness)
Projects.
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
Ordinance No.
Page 5
of the National Historic Preservation Act. (Also see the City?s HPP Section 1.0- Preface and
Certified Local Government
Acknowledgements- ).
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).
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
Local Register
City?s HPP- Appendix- ).
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
How to Apply the National Register Criteria for Evaluation, SectionVI
Register Bulletin 15:
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 a non-designated
Resource?s Historical Significance is decided through an official government process. (Also
Historical Resource
see the City?s HPP Section 4.0- Historic Preservation Projects-
Eligibility Determination
).
21.03.042 Reserved.
Ordinance No.
Page 6
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.
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
List of Qualified Consultants
the City?s HPP Section 7.0- Reference Resources- ).
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
Ordinance No.
Page 7
those impacts to below a level of significance. (Also see the City?s HPP Section 4.0-
Expert Technical Analysis Report Content.
Historic Preservation Projects- )
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.
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.
Historic Preservation Districts
(Also see the City?s HPP Section 3.0- Historical Resources- ).
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
Historic Contexts National Register Bulletin15: How to
Acknowledgments- and Appendix-
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:
Afund 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
Historic PreservationDistricts
see the City?s HPP Section 3.0 Historical Resources- ).
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
Ordinance No.
Page 8
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 and shall conform to the State Historic Preservation
Guidelines for recording Historical Resources as made a part of the City?s HPP. (Also see
Historical Resource
Inventory and the City?s HPP Section 3.0 Historical Resources-
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
National Register Bulletin
see Character Defining Feature and the City?s HPP Appendix-
15- How to Apply the National Register Criteria for Evaluation Section VI. 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
National Register Bulletin 15: How to Apply the National Register Criteria for
Appendix-
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
Local Register
Chula Vista Register of Historical Resources andthe City?s HPP Appendix-
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);
Ordinance No.
Page 9
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
National Park Service Preservation Brief 09 The Repair of Historic
HPP Appendix-
Windows.
);
C. Removal of Historical Landscapes;
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).
Certificate of
(Also see the City?s HPP Section 4.0- Historic Preservation Projects--
AppropriatenessNational Park Service Preservation Brief 14: New Exterior
and Appendix-
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 square feet.
Certificate of
(Also see City?s HPP Section 4.0- Historic Preservation Projects-
AppropriatenessNational Park Service Preservation Brief 14: New Exterior
and Appendix-
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 onlyto 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
Historic PreservationModifying Districts.
City?s HPP ?Section 5.0- Design Guidelines-? )
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
Ordinance No.
Page 10
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.
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:The
Preservation is one of the four treatment options specified in
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 Preservation Standards
and Appendix- ).
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-
California?s State Historical Building Code.
18961 and the City?s HPP Appendix- )
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 StandardsPreservation Standards.
and Appendix- )
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
Secretary of the Interior Standards.
see the City?s HPP- Design Guidelines Section- )
21.03.113 Relocation:
Moving a Historical Resource from its original location. (Also see
Relocation Guidelines
the City?s HPP- Design Guidelines Section-).
21.03.114 Resource:
Any building, structure, object, site, archaeological site, sign or
landscape, district or Contributing Resource.
21.03.116 Restoration:The
Restoration is one of the four treatment options specified in
Secretary of the Interior?s Standards for the Treatments of Historic Properties
and is defined
Ordinance No.
Page 11
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 systems and other code-required work to make properties functional
is appropriate within a restoration project. (Also see the City?s HPP- Design Guidelines
Secretary of the Interior Standards.
Section- )
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 (SOI?S):
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
Secretary of the Interior Standards.
Guidelines- )
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:et
California Health and Safety Code §§ 18950,
seq
. and a regulation of Part 8 of the Title 24, of the California 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.
Ordinance No.
Page 12
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).
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.
HR
21.04
IDENTIFICATION AND DESIGNATION OF ISTORICAL ESOURCES
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 Surveysshall be utilized as
informational tools by the City of Chula Vista, municipal departments or agencies other than
City of Chula Vista for preservation purposes, designation consideration and/or as part of
project analysis pursuant to Chula Vista Municipal Code §21.08.010 and shall not require
owner consent. 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 ResourceSurveysNational Register Bulletin
Historical Resources- and Appendix-
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
Instructions for Recording Historical Resources
Appendix-).
21.04.030Chula 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
City of Chula Vista
shall be compiled on a comprehensive list officially known as the
Register of Historical ResourcesLocal
and herein shall commonly be referred to as the
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;
Ordinance No.
Page 13
C.Any Chula Vista Resource listed as a National Historic Landmark;
D.Any Chula Vista Resource listed on the National Register of Historic Places;
E.Any Chula Vista Resource listed on the California Register of Historical Resources
by the California State Historical Resources Commission.
21.04.050LocalRegister 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 authorityto 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.
21.04.070Designation-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
Designation Procedural Guide
see City?s HPP Section3.0- Historical Resources- ).
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
Ordinance No.
Page 14
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:
a. By a minimum of ten (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 Designation 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
20 business days of approval 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 denied pursuant to Chula Vista Municipal Code §21.04.090 (3),
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
Ordinance No.
Page 15
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 of any Resource, which has previously been denied, if new
information is presented to support a statement of historical significance for the
Resource.
4. Appeals
All appeals shall be processed pursuant to Chula Vista Municipal Code §21.12.030.
21.04.100Historical 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
Ordinance No.
Page 16
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.4/5ths vote of the Council vote to designate the Resource as an Exceptional
Historical Resource.
21.05DHR
ELISTING OF ISTORICAL ESOURCES
21.05.010 Historical Resource Delisting- Authority
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
et
provision of the Municipal Code, if a Mills Act Agreement (Cal. Gov. Code §§50280,
seq
exists for the Resource on the subject propertydelisting 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
Delisting a Historical Resource
Resources-.)
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.
Ordinance No.
Page 17
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.
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 ) and Chula Vista Municipal
(A)(1-4
Code §21.11.010(A-C).
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.
et
4. Notwithstanding the foregoing, if a Mills Act Agreement (Cal. Gov. Code §§50280,
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.
Ordinance No.
Page 18
21.06HPD-HPD?
ISTORICRESERVATION ISTRICTSS
Groupings of Historical Resources may qualify for designation as either a Geographical
Historic Preservation District (GHD) or a Thematic Historic Preservation District (THD).
Historic Preservation Districts)
(Also see the City?s HPP Section 3.0 Historical Resources- .
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.
21.06.030: Historic Preservation District- Owner Consent Required
1. GHD- Owner Consent
For the designation of a GHDowner 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
Guidelines).
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.
Historic Preservation
(See the City?s HPP Historical Resources Section-
District Procedures and Guidelines
).
Ordinance No.
Page 19
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.
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 of all 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.
Ordinance No.
Page 20
B.If an application is denied pursuant to Chula Vista Municipal Code §21.06.040 (4)
(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.
4. Appeals
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:
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(B).
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(B).
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.
Ordinance No.
Page 21
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
Historic Preservation Modifying Districts
HPP Section 5.0- Design Guidelines- ).
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:
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 Modifying 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
Ordinance No.
Page 22
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 denied 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 virtue 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 character of the HPD.
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.
21.07AHR
LTERATIONS TO ISTORICAL ESOURCES
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 ?
Certificate of Appropriateness
Historic Preservation Projects- ).
21.07.020Alterations to Historical Resources-PotentialHistorical 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
Historical Resource Eligibility Determination
Projects-.).
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
Ordinance No.
Page 23
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.
21.07.030Alterations 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
Determination of Eligibility)
Projects Section- .
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-
Certificate of Appropriateness
Historic Preservation Projects- ).
21.07.050 Alterationsto 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 State Historical
California?s State Historic Building Code and Appendix-
Building Code).
21.07.060Alterations 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
Certificate of Appropriateness).
the City?s HPP Historic Preservation Projects Section-
1. Minor COA- Zoning Administrator Approval
A. The application review shall follow the City?s Development Services Department
administrative review process.
Ordinance No.
Page 24
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:
The Secretary of the Interior?s Standards for
A. That the proposed work conforms to
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 façade, 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
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.
21.07.080Major 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
Certificate of Appropriateness).
the City?s HPP Historic Preservation Projects Section-
1. Major 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
Ordinance No.
Page 25
requested information is not provided within 90 calendar days, the application will be
closed pursuant to CVMC §19.14.700
2. Major Alteration COA- Findings of Fact
Prior to issuance of a Major Alteration COA the HPC shall, through evidence presented,
make all of the following findings of fact:
The Secretary of the Interior?s Standards for
A. That the proposed work conforms to
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 façade, setback, roof shapes, scale, height and
relationship of material, color and texture such that the historical integrity is
diminished.
3. Major 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. Major Alterations COA- Appeal
All appeals shall be processed pursuant to Chula Vista Municipal Code §21.12.030.
21.08 DPDHR
ISCRETIONARY ROJECTS AND EMOLITION OF ISTORICAL ESOURCES
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.
Ordinance No.
Page 26
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.
21.08.030Demolition-Historical Resource ReviewRequired
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
Demolition and Relocation of a
City?s HPP Section 4.0- Historic Preservation Projects-
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.
1. Demolition - Findings 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 as a result, the City may require that the Historical
The Secretary of the Interior?s Standards for the
Resource be restored according to
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.
Ordinance No.
Page 27
2. 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 a post-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 (A).
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 (A) and (B):
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 §21.09.030to
present a dangerous conditions or will cause a detriment to public health and
safety; or
ii. That demolition without replacement will not result in harm to the public.
Harm to the public shall be found if the demolition of the subject Resource:
a.Results in the loss of low-income housing stock which will not be
replaced; or
b.Is likely to result in nuisance uses of the vacant property; or
c.Has a significant adverse visual, social or economic impact on the
neighborhood.
21.09 MRHR
AINTENANCE AND EPAIR OF ISTORICALESOURCES
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
Ordinance No.
Page 28
Secretary of the
from time to time. (Also see the City?s HPP, Design Guidelines Section-
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 appearance 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.
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
Fire protection of Historical Resources
HPP Section 4.0- Historic Preservation Projects- ).
21.10I&BE
NCENTIVES ENEFITS AND XEMPTIONS
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. .
Ordinance No.
Page 29
21.10.020Historic 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 unpermitted 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
Local Incentives
Section 6.0- Incentives and Benefits- ).
21.10.030Economic 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.
21.11E&P
NFORCEMENTENALTIES
21.11.010Enforcement & 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 temporary or permanent injunction.
2.Fines pursuant to Chula Vista Municipal Code §21.08.050 (A) (4).
3.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.
21.12N,FA
OTICEEES AND PPEALS
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.
Ordinance No.
Page 30
21.12.030Appeals
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.
21.13S
EVERABILITY
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 Approved as to form by
_________________________________ _________________________________
Gary Halbert, P.E., AICP Glen R. Googins
Assistant City Manger/Development City Attorney
Services Director