Chula Vista Municipal Code Ch. 21.04 Identification and Designation of Historical Resources

IDENTIFICATION AND DESIGNATION OF HISTORICAL RESOURCES

Sections:

• 21.04.010 Historical resource surveys (survey).

• 21.04.020 Survey forms.

• 21.04.030 Chula Vista register of historical resources.

• 21.04.040 Historical resources to be included in the local register.

• 21.04.050 Local register maintenance and distribution.

• 21.04.060 Designation – Authority.

• 21.04.070 Designation – Owner consent required.

• 21.04.080 Designation – Owner consent not required – Exceptional historical resource.

• 21.04.090 Historical designation – Application, requirements and procedures.

• 21.04.100 Historical designation – Findings of fact and eligibility criteria.

Understanding, identifying, evaluating, and protecting those resources which give Chula Vista its individual character and sense of place are important tools in the protection and preservation of historical resources. Historical resource surveys shall be utilized as informational tools by the City of Chula Vista and shall not require owner consent. Surveys may be used by the City of Chula Vista, other municipal departments or agencies, and members of the public for preservation purposes, designation consideration and/or as part of project analysis. Conduct of surveys shall follow the state guidelines for recording historical resources as may be amended from time to time. (Also see the City’s HPP Section 3.0, Historical Resources – Historical Resource Surveys, and Appendix – National Register Bulletin 24 – Guidelines for Local Survey.) (Ord. 3196 § 3, 2011).

All evaluations and recordation of resources shall be made on a form prescribed by the State Historic Preservation Office currently referred to as Department of Parks and Recreation (DPR) 523 Series Form and as may be amended from time to time. The information and analysis contained within the DPR forms shall conform to the state historic preservation guidelines for recording historical resources. (Also see the City’s HPP Appendix – Instructions for Recording Historical Resources.) (Ord. 3196 § 3, 2011).

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 Planning Commission (formerly the Historic Preservation Commission) shall be compiled on a comprehensive list officially known as the City of Chula Vista register of historical resources and herein shall commonly be referred to as the “local register.” (Also see the City’s HPP Appendix – Local Register of Historical Resources.) (Ord. 3539 § 1(BB), 2022; Ord. 3196 § 3, 2011).

The following resources shall be included in the local register:

• A. Those properties previously designated prior to the effective date of the ordinance codified in this title;

• B. Those properties designated by the Planning Commission or Council;

• C. Any Chula Vista resource listed as a National Historic Landmark;

• D. Any Chula Vista resource listed on the National Register of Historic Places;

• E. Any Chula Vista resource listed on the California Register of Historical Resources by the California State Historical Resources Commission. (Ord. 3539 § 1(BB), 2022; Ord. 3196 § 3, 2011).

The Zoning Administrator shall ensure that the register is maintained, updated and distributed pursuant to the guidelines established in the Chula Vista HPP. (Ord. 3196 § 3, 2011).

Upon a recommendation of the Zoning Administrator, the Planning Commission shall have authority to approve or deny applications for historical designation, excluding designation of exceptional historical resources and publicly owned historical resources which shall require Council approval. All resources that are approved for designation shall be listed on the local register. (Ord. 3539 § 1(BB), 2022; Ord. 3196 § 3, 2011).

A resource shall not be designated without property owner consent unless said designation is undertaken by the Council pursuant to CVMC 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 CVMC 21.04.090. (Ord. 3196 § 3, 2011).

In exceptional circumstances, the Planning Commission may recommend that the Council designate a resource without owner consent pursuant to CVMC 21.04.100(B)(1) through (3). (Ord. 3539 § 1(BB), 2022; Ord. 3196 § 3, 2011).

A. 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 CVMC 21.04.100. Designation applications may run concurrent with other permit applications; however, the designation shall be acted upon prior to consideration of any discretionary permits. (Also see City’s HPP Section 3.0, Historical Resources – Designation Procedural Guide.)

1. 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.

2. Nonowner Applications (Exceptional Historical Resource).

a. Applicants that apply for an exceptional resource designation shall pay all fees and costs associated with the designation of the exceptional historical resource including but not limited to staff time, expert technical analysis or expert review of documentation.

b. An application for an exceptional resource designation may be initiated in any of the following three ways:

• i. By a minimum of 10 City residents (with verifiable signatures); or

• ii. Through a Planning Commission recommendation to Council; or

  • iii. By a majority vote of Council.

  3. Publicly Owned Resources – Council Approval Required.

     • a. Shall require the same application submittal requirements of this section and findings of fact and eligibility criteria of CVMC 21.04.100(A)(1) and (2).

     • b. Shall require a recommendation from the Planning Commission and Council approval.

     • c. An application for designation of publicly owned historical resources and historical landscapes may be initiated in any of the following three ways:

       • i. By any interested citizen who resides in the City of Chula Vista; or

       • ii. Through a Planning Commission recommendation to Council; or

       • iii. By a majority vote of Council.

• B. Procedures for Historical Designation Consideration.

1. The application review shall follow the City’s Development Services Department review process for discretionary permits.

2. 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 Planning Commission to either designate or not designate under the findings of fact and eligibility criteria set forth in CVMC 21.04.100.

3. 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 CVMC 21.04.100.

   4. If a resource is designated, the property owner or applicant shall be required to record the Planning Commission resolution of designation with the County Assessor’s office within 10 business days after the appeal period of said designation.

• C. Denial or Delay of Decision.

1. 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.

2. If an application is closed pursuant to subsection (C)(1) of this section, or a designation request is denied as a result of the resource not meeting the findings of fact or eligibility criteria set forth in CVMC 21.04.100, the City shall provide a written explanation for the denial within 10 business days of the decision.

   3. 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.

• D. Appeals. All appeals shall be processed pursuant to CVMC 21.12.030. (Ord. 3539 § 1(BB), 2022; Ord. 3196 § 3, 2011).

A. Designation of historical resources, excluding exceptional historical resources, by the Planning Commission may occur when the following findings of fact are made:

1. A resource is at least 45 years old; and

2. A resource possesses historical integrity defined under CVMC 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 the 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, horticulturist, 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.

• B. Designation of an exceptional historical resource may be considered only if:

  1. The Planning Commission considers and makes a recommendation to the Council; and

  2. It has been demonstrated through expert technical analysis and verifiable evidence that all of the following findings of fact are made:

     • a. The resource meets criteria and the findings of fact for designation found in subsections (A)(1) and (A)(2) of this section; and

     • b. The resource is the best representative sample of its kind or the last of its kind; and

     • c. 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

  3. Four-fifths vote of the Council vote to designate the resource as an exceptional historical resource. (Ord. 3539 § 1(BB), 2022; Ord. 3196 § 3, 2011).