Chula Vista Municipal Code Ch. 21.08 Discretionary Projects and Demolition of Historical Resources

Sections:

• 21.08.010 Discretionary projects – Historical resource review required.

• 21.08.020 Discretionary projects – Application, requirements and procedures. 21.08.030 Demolition – Historical resource review required.

• 21.08.040 Demolition COA – Application, requirements and procedures.

• 21.08.050 Unlawful demolition of a historical resource.

Discretionary projects that propose alteration, demolition or removal of any potential historical resource or historical resource shall require an eligibility determination pursuant to CVMC 21.07.020.

A. 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 CVMC 21.07.070 or 21.07.080; or

B. If the resource is determined to not be a historical resource pursuant to criteria found in CVMC 21.04.100, or not to be a contributing resource defined in CVMC 21.03.028, then no further review will be required. (Ord. 3196 § 3, 2011).

• A. If a historical resource exists, the Zoning Administrator shall:

  1. Determine if the proposal is a minor or major alteration and shall process minor and major alterations pursuant to CVMC 21.07.070 or 21.07.080; or

2. Have the discretion to require that a property owner or authorized agent retain an expert professional to conduct an expert technical analysis.

B. Discretionary Projects – Findings of Fact. For discretionary projects, the City shall make the findings of fact pursuant to CVMC 21.07.070(B) or 21.07.080(B), as applicable. (Ord. 3196 § 3, 2011).

CVMC 15.44.055 requires that demolition applications undergo an eligibility determination pursuant to CVMC 21.07.020. (Also see the City’s HPP Section 4.0, Historic Preservation Projects – Demolition and Relocation of a Historical Resource.)

A. 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 CVMC 21.07.070 or 21.07.080; or

B. If the resource is determined to not be a historical resource pursuant to criteria found in CVMC 21.04.100, or not to be a contributing resource as defined in CVMC 21.03.028, then no further review will be required. (Ord. 3196 § 3, 2011).

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.

A. Demolition – Findings of Fact. For demolition of historical resources, the City must first make the findings of fact to delist the resource pursuant to CVMC 21.05.040. (Ord. 3196 § 3, 2011).

A. If a historical resource is unlawfully demolished without HPC approval, the City shall pursue all or some combination of the following penalties:

1. Injunctive relief to further the provisions of this chapter.

2. 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.

3. Issuance of an administrative compliance order to stop an illegal demolition. If a historical resource is altered or demolished as a result, the City may require that the historical resource be restored according to the Secretary of the Interior’s standards for the treatment of historic properties within a time frame 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.

4. Fines may be levied against the property owner of record up to $25,000 for each violation.

B. 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 CVMC 21.04.100.

1. 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 subsections (A)(1) through (A)(4) of this section.

2. 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 Chapter 1.20 CVMC.

3. Relief from Subsections (A)(1) Through (A)(4) of This Section. 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 the Council finds that one or more of the following facts exist:

   • a. 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 CVMC 21.09.030 to present a dangerous condition; or

   • b. Will cause a detriment to public health and safety; or

   • c. 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:

• i. Results in the loss of low-income housing stock which will not be replaced; or

  • ii. Is likely to result in nuisance uses of the vacant property; or

  • iii. Has a significant adverse visual, social or economic impact on the neighborhood. (Ord. 3196 § 3, 2011).