Chula Vista Municipal Code Ch. 21.06 Historic Preservation Districts – Hpds

Sections:

• 21.06.005 Generally.

• 21.06.010 Historic preservation district – Purpose.

• 21.06.020 Historic preservation districts – Authority.

• 21.06.030 Historic preservation district – Owner consent required.

• 21.06.040 Historic preservation district – Application, requirements and procedures. 21.06.050 Historic preservation district – Findings of fact and eligibility criteria.

• 21.06.070 Historic preservation modifying district (HP modifying district).

• 21.06.080 Historic preservation modifying district – Purpose.

• 21.06.090 Historic preservation modifying district – Authority.

• 21.06.100 Historic preservation modifying district – Application, requirements and procedures.

• 21.06.110 Historic preservation modifying district – Findings of fact.

Groupings of historical resources may qualify for designation as either a geographical historic preservation district (GHD) or a thematic historic preservation district (THD). (Also see the City’s HPP Section 3.0, Historical Resources – Historic Preservation Districts.) (Ord. 3196 § 3, 2011).

To identify, designate, and preserve existing neighborhoods and resources grouped either geographically or thematically as defined in CVMC 21.03.063 and 21.03.131. (Ord. 3196 § 3, 2011).

Upon recommendation of the HPC, the Council shall consider the designation of either a GHD or THD. (Ord. 3196 § 3, 2011).

A. GHD – Owner Consent. For the designation of a GHD, owner consent shall be required by 75 percent of all property owners within the proposed GHD boundary.

B. 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 10 contributors shall be required to be considered for a THD. (Ord. 3196 § 3, 2011).

A. Application and Submittal Requirements. Applications for HPDs 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:

1. Sufficient information to determine that an area meets the criteria for HPD designation pursuant to CVMC 21.06.050. (Also see the City’s HPP Section 3.0, Historical Resources – Historic Preservation District Procedures and Guidelines.)

2. Property owners may seek designation of an 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.

3. GHDs. To be considered for a GHD:

   • a. A City-approved form bearing notarized signatures of support by owners of 75 percent of the parcels within the proposed GHD and an address list of all contributing and noncontributing resources within the proposed GHD, including any vacant parcels, shall be submitted to the City.

   • b. Public participation and education of the proposed GHD shall be required. (See the City’s HPP, Historical Resources Section – Historic Preservation District Procedures and Guidelines.)

4. THDs. 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.

5. A fee pursuant to CVMC 21.12.020.

6. 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.)

7. 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 noncontributing 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.

   8. 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.)

• B. Procedures for HPD 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 HPD as presented in the submitted documentation and shall include recommendations to the HPC and Council to either designate or not designate under the findings of fact and eligibility criteria set forth in CVMC 21.06.050.

3. 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 CVMC 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 CVMC 21.06.050.

   4. The HPC shall make a recommendation to the Council for designation of all proposed HPDs pursuant to the findings of fact and eligibility criteria of CVMC 21.06.050.

• C. Denial or Delay of Decision.

1. The City shall have the authority to delay consideration of an 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.

   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 HPD not meeting the findings of fact or eligibility criteria set forth in CVMC 21.06.050, the City shall provide a written explanation for the denial within 10 business days of the decision.

   3. 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.

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

Designation of an 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, apply:

• A. HPD Findings of Fact.

  1. That the proposed HPD has significant architectural or historical character or cultural value; and

  2. That the proposed HPD will preserve and enhance the collective integrity of the contributing resources; and

3. GHDs only: There are at least 60 percent 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 subsection (B) of this section;

   4. THDs 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 subsection (B) of this section.

• B. HPD Eligibility Criteria.

(Ord. 3196 § 3, 2011).

CVMC 19.56.010 and 19.56.300 establish HP modifying districts to permit special zoning regulations within designated historic preservation districts. (Also see the City’s HPP Section 5.0, Design Guidelines – Historic Preservation Modifying Districts.) (Ord. 3196 § 3, 2011).

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 significance and historic integrity of an HPD. (Ord. 3196 § 3, 2011).

HP modifying district applications shall require a recommendation from both the HPC and Planning Commission with final consideration by the Council. (Ord. 3196 § 3, 2011).

A. 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 HPDs and may be filed:

1. Concurrent with an HPD application; or

2. Subsequent to formation of an HPD, through an application with notarized signatures of 75 percent of property owners within the designated HPD or initiated by the City.

• B. Procedures for HP Modifying District 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 proposed HP modifying district as presented in the submitted documentation and shall include recommendations to the HPC and Planning Commission to recommend to the Council to either approve or not approve the HP modifying district under the findings of fact set forth in CVMC 21.06.110.

3. 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 CVMC 21.06.110.

• C. Denial or Delay of Decision.

1. The City shall have the authority to delay consideration of a historic preservation modifying district for up to 90 days as part of a request of the applicant for additional information on the subject historic preservation modifying district. If the requested information is not provided within 90 calendar days, the application will be closed pursuant to CVMC 19.14.700.

2. If an application is closed pursuant to subsection (C)(1) of this section, 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 CVMC 21.06.110, the City shall provide a written explanation for the denial within 10 business days of the decision.

3. 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. (Ord. 3196 § 3, 2011).

The 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:

• A. The subject HPD is unique by virtue of historical significance and therefore requires special handling of development.

• B. 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.

• C. The establishment of the modifying district will help preserve the historical significance of an HPD.

• D. The HP modifying district is necessary and will help to enhance and protect the public convenience, health, safety and general welfare. (Ord. 3196 § 3, 2011).