Chula Vista Municipal Code Ch. 21.03 Definitions

• 21.03.130 Structure.

• 21.03.131 Thematic historic preservation district.

• 21.03.132 Theme.

• 21.03.134 Workmanship.

• 21.03.135 Zoning Administrator (ZA).

For the purpose of this title, the following definitions shall govern the meaning of words contained herein unless the context indicates otherwise. (Ord. 3196 § 3, 2011).

“Alteration” means a change in the character, composition, or structure of a potential historical resource or historical resource which is not classified as work exempt from building permits (Building Permit Form 4551) or those activities that are exempt pursuant to CVMC 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.) (Ord. 3196 § 3, 2011).

“Archaeological resource” means subsurface or above-ground material remains of past human life or activities that are at least 100 years of age, and may yield additional information about prehistory or history. (Ord. 3196 § 3, 2011).

“Architectural significance” means the 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 VI.) (Ord. 3196 § 3, 2011).

“Association” means the direct link between an important historic event or person and a historical resource. Association is one of the seven aspects of integrity. (Ord. 3196 § 3, 2011).

“Building” means 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. (Ord. 3196 § 3, 2011).

“California’s State Historical Building Code” means California Health and Safety Code Section 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.) (Ord. 3196 § 3, 2011).

“Certificate of appropriateness (COA)” means 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 Certificate of Appropriateness). (Ord. 3196 § 3, 2011).

“Certified local government” means 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.) (Ord. 3196 § 3, 2011).

“Character-defining feature” means the architectural, street and landscape features of a building, structure, object, or historic preservation district which help to convey historical significance. (Also see “historical significance.”) (Ord. 3196 § 3, 2011).

“Chula Vista register of historical resources” means a comprehensive list of designated historical resources, commonly referred to as the “local register.” (Also see the City’s HPP Appendix – Local Register.) (Ord. 3196 § 3, 2011).

“City staff” means 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 title. (Ord. 3196 § 3, 2011).

“Commission” means the City of Chula Vista Planning Commission. (Ord. 3539 § 1(AA), 2022; Ord. 3196 § 3, 2011).

“Contributing resource” means 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. (Ord. 3196 § 3, 2011).

“Council” means the City of Chula Vista City Council. (Ord. 3196 § 3, 2011).

“Criteria” means 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 CVMC 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.) (Ord. 3196 § 3, 2011).

“Cultural landscape” means 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.”) (Ord. 3196 § 3, 2011).

“Demolition” means, for the purposes of this title, 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 CVMC 15.44.050 or the City’s HPP Section 4.0, Historic Preservation Projects – Demolition and Relocation of a Historical Resource.) (Ord. 3196 § 3, 2011).

“Design” means 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. (Ord. 3196 § 3, 2011).

“Determination of eligibility” means an action through which a nondesignated 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.) (Ord. 3196 § 3, 2011).

Reserved. (Ord. 3196 § 3, 2011).

“Eligible historical resource” means 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 CVMC 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. (Ord. 3196 § 3, 2011).

“Eligibility” means the ability of a resource to meet the criteria listed in CVMC 21.04.100 or the criteria for listing on the California Register of Historical Resources, or the National Register of Historic Places. (Ord. 3196 § 3, 2011).

Eligibility determination: see “determination of eligibility.” (Ord. 3196 § 3, 2011).

“Evaluation” means the process by which the historical significance and integrity of a potential historical resource is judged and eligibility determined. (Ord. 3196 § 3, 2011).

“Event” means an occasion, circumstance, or activity that occurred within a particular period of time, or continued over an extended period of time. (Ord. 3196 § 3, 2011).

“Exceptional historical resource” means a resource that the 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. (Ord. 3196 § 3, 2011).

“Exempt alteration(s)” means 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. (Ord. 3196 § 3, 2011).

“Expert professional” means a qualified professional that meets the Secretary of the 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 Qualified Consultants.) (Ord. 3196 § 3, 2011).

“Expert technical analysis” means 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.) (Ord. 3196 § 3, 2011).

“Exterior features” means 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. (Ord. 3196 § 3, 2011).

“Feeling” means 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. (Ord. 3196 § 3, 2011).

“Geographic historic preservation district” means 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.) (Ord. 3196 § 3, 2011).

“Historic context” means 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 Bulletin 15: How to Apply the National Register Criteria for Evaluation, Section V, Understanding Historic Contexts.) (Ord. 3196 § 3, 2011).

“Historical landscape” means 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 CVMC 21.04.100. (Also see “cultural landscapes.”) (Ord. 3196 § 3, 2011).

“Historic preservation fund” means a fund earmarked for preservation activities that meet the purposes of this chapter. (Ord. 3196 § 3, 2011).

“Historic preservation district (HPD)” means 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 HPDs:

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.) (Ord. 3196 § 3, 2011).

Historic preservation modifying district: see “modifying district.” (Ord. 3196 § 3, 2011).

“Historic preservation program” means 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:

• A. Meet the requirements for certified local government status; and

• B. Align with the policies of the General Plan; and

• C. Implement this title. (Ord. 3196 § 3, 2011).

“Historical resource” means 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.”) (Ord. 3196 § 3, 2011).

“Historical resource survey” means a systematic, detailed examination of an area designed to gather information about historic properties pursuant to Chapter 21.04 CVMC. 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 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.) (Ord. 3196 § 3, 2011).

“Historical significance” means 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 15: How to Apply the National Register Criteria for Evaluation, Section VI, How to Identify the Type of Significance of a Property.) (Ord. 3196 § 3, 2011).

“Identification” means the process through which information is gathered about historical resources. (Ord. 3196 § 3, 2011).

“Important person” means 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. (Ord. 3196 § 3, 2011).

“Incentives” means 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.) (Ord. 3196 § 3, 2011).

“Integrity” means 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 15: How to Apply the National Register Criteria for Evaluation, Section VIII, How to Evaluate the Integrity of a Property Historical Resource.) (Ord. 3196 § 3, 2011).

“Inventory” means a list of historical resources determined to meet specified criteria of significance. (Also see “historical resources survey.”) (Ord. 3196 § 3, 2011).

“Local register” means 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.) (Ord. 3196 § 3, 2011).

“Location” means 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. (Ord. 3196 § 3, 2011).

“Major alteration” means those alterations that are not exempt or do not qualify as minor alterations, which include, but may not be limited to:

• A. Demolition (CVMC 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;

• 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 (CVMC 21.03.113);

• G. Reconstruction (CVMC 21.03.110).

Also see the 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. (Ord. 3196 § 3, 2011).

“Materials” means 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 are one of the seven aspects of integrity. (Ord. 3196 § 3, 2011).

“Minor alteration” means 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.

Also see the 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. (Ord. 3196 § 3, 2011).

For purposes of this title, 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.) (Ord. 3196 § 3, 2011).

“Noncontributing resource” means 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. (Ord. 3196 § 3, 2011).

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. (Ord. 3196 § 3, 2011).

“Period of significance” means 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.) (Ord. 3196 § 3, 2011).

“Potential historical resource” means any resource 45 years or older that may meet the findings of fact and criteria established in CVMC 21.04.100. (Ord. 3196 § 3, 2011).

“Preservation” is one of the four treatment options specified in the Secretary of the Interior’s standards for the treatment 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.) (Ord. 3196 § 3, 2011).

“Qualified historical resource” means 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 through 18961, and the City’s HPP Appendix – California’s State Historical Building Code.) (Ord. 3196 § 3, 2011).

“Reconstruction” is one of the four treatment options specified in the Secretary of the Interior’s standards for the treatment 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.) (Ord. 3196 § 3, 2011).

“Rehabilitation” is one of the four treatment options specified in the Secretary of the Interior’s standards for the treatment 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 Section 5.0, Design Guidelines – Secretary of the Interior Standards.) (Ord. 3196 § 3, 2011).

“Relocation” means moving a historical resource from its original location. (Also see the City’s HPP Section 5.0, Design Guidelines – Relocation Guidelines.) (Ord. 3196 § 3, 2011).

“Resource” means any building, structure, object, site, archaeological site, sign or landscape, district or contributing resource. (Ord. 3196 § 3, 2011).

“Restoration” is one of the four treatment options specified in the Secretary of the Interior’s standards for the treatment 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 systems and other code-required work to make properties functional is appropriate within a restoration project. (Also see the City’s HPP Section 5.0, Design Guidelines – Secretary of the Interior Standards.) (Ord. 3196 § 3, 2011).

The “Secretary of the Interior (SOI)” means the appointed government official that serves as the head of the United States Department of the Interior 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. (Ord. 3196 § 3, 2011).

The “Secretary of the Interior standards and guidelines (SOIS)” means 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.) (Ord. 3196 § 3, 2011).

“Setting” means 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. (Ord. 3196 § 3, 2011).

“Significance” means the importance of a historical resource based upon its relationship to a historic context and local, state, regional or national eligibility criteria. (Ord. 3196 § 3, 2011).

“Significant” means a resource that has been determined to be important based upon its historic context and local, state, regional or national eligibility criteria. (Ord. 3196 § 3, 2011).

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. (Ord. 3196 § 3, 2011).

“State Historic Building Code” means California Health and Safety Code Sections 18950 et seq. and a regulation of Part 8 of Title 24 of the California Code of Regulations. (Also see “California’s State Historical Building Code.”) (Ord. 3196 § 3, 2011).

“Structure” means 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. (Ord. 3196 § 3, 2011).

“Thematic historic preservation district” means 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. (Ord. 3196 § 3, 2011).

“Theme” means 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.”) (Ord. 3196 § 3, 2011).

“Workmanship” means 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. (Ord. 3196 § 3, 2011).

CVMC 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 Planning Commission of certain routine functions. (Ord. 3539 § 1(AA), 2022; Ord. 3196 § 3, 2011).