Chula Vista Municipal Code Ch. 21.05 Delisting of Historical Resources

Sections:

• 21.05.010 Historical resource delisting – Authority. 21.05.020 Historical resource delisting – Owner consent not required.

• 21.05.030 Historical resource delisting – Application, requirements, and procedures. 21.05.040 Historical resource delisting – Findings of fact.

• 21.05.050 Historical resource delisting – Factors that shall not be considered.

• 21.05.060 Historical resource delisting – Fines and penalties. 21.05.070 Delisting – Appeals.

Upon recommendation of the HPC, the Council shall consider the delisting of any historical resource that was previously designated. (Ord. 3196 § 3, 2011).

Owner consent shall not be required for delisting a resource. Notwithstanding any other provision of this code, if a Mills Act agreement (California Government Code Section 50280 et seq.) exists for the resource on the subject property, delisting of the resource may only occur in accordance with the cancellation provisions of the subject Mills Act agreement. (Ord. 3196 § 3, 2011).

A request for delisting may be initiated in any of the following three ways:

• A. By the property owner of record; or

• B. By a recommendation of the HPC to Council; or

• C. By a majority of the Council.

Delisting of a historical resource shall follow the same procedures as those set forth in CVMC 21.04.090. Delisting applications may run concurrent with other permit applications; however, no discretionary decision shall be rendered prior to a delisting determination. (Also see the City’s HPP Section 3.0, Historical Resources – Delisting a Historical Resource.) (Ord. 3196 § 3, 2011).

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:

A. 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

• B. The resource was designated inaccurately based on incorrect information; or

• C. 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.

• D. If one or more of the findings of fact exist, the Council may:

  1. Delist the resource; or

  2. Maintain the previous designation assigned by the HPC or Council; or

  3. Delay a decision for up to 90 days in order to obtain additional information regarding the request to delist the historical resource. (Ord. 3196 § 3, 2011).

When considering a request to delist a previous historical resource designation, the following factors shall not be considered to guide or inform a decision:

• A. Property maintenance costs associated with minimum code compliance activities for buildings and structures.

• B. Costs associated with deferred maintenance by the recorded property owner or by a previous property owner.

• C. Costs associated with bringing the designated resource into conformance with adopted City codes.

• D. Costs associated with proposed improvements of the site. (Ord. 3196 § 3, 2011).

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:

A. The owner of record may be subject to fines and penalties by the City, which may equate up to 100 percent 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.

B. 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 CVMC 21.08.050(A)(1) and (2) and CVMC 21.11.010(A) through (C).

C. 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.

D. Notwithstanding the foregoing, if a Mills Act agreement (California Government Code Section 50280 et seq.) exists for the resource on the subject property, any fines and penalties shall be in accordance with the cancellation provisions of the subject Mills Act agreement. (Ord. 3196 § 3, 2011).

All appeals shall be processed pursuant to CVMC 21.12.030. (Ord. 3196 § 3, 2011).