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CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA, AMENDING NUMEROUS SECTIONS OF TITLE 20 THE RIVERSIDE MUNICIPAL CODE REGARDING CULTURAL RESOURCES.
The City Council of the City of Riverside, California, does ordain as follows:
Section 1: Section 20.05.010 of the Riverside Municipal Code is amended as follows:
“Section 20.05.010 Purpose.
The purpose of this title is to promote the public health, safety and general welfare by providing for the identification, protection, enhancement, perpetuation and use of improvements, buildings, structures, signs, objects, features, sites, places, areas, districts, neighborhoods, streets, works of art, natural features and significant permanent landscaping having special historical, archaeological, cult ural, architectural, community, aesthetic or artistic value in the City for the following reasons:
. . .
L. To work in concert with the City's Zoning Code.
M. To establish proced ures relating to the California Environmental Quality Review Act (CEQA) and Section 106 of the National Historic Preservation Act (NHPA) compliance.” Section 2: Section 20.10.020 of the Riverside Municipal Code is amended as follows:
“Section 20.10.020 Powers and duties of Board.
A. The Cultural Heritage Board shall:
1. Make recommendations to the City Council regarding surveys of cultural resources within the City, in conformance with State Office of Historic Preservation survey standards and guidelines;
. . .
8. Adopt standards including preservation guidelines t o be used by the Board approval authority, as defined in this Title, in reviewing applications for permits to preserve, alter, relocate or demolish any cultural resourc e;
. . .
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
B. The Cultural Heritage Board may:
1. Recommend zoning and general plan a mendments for cultural resources preservation;
. . .
4. By a consensus of the Board, request a workshop to discuss topic under the purvie w of this Title.”
Section 3: Section 20.10.030 of the Riverside Municipal Code is amended as follows:
“Section 20.10.030 Historic Preservation Officer.
The Historic Preservation Officer or Qualified Designee, in concert with or at the direction of the Community & Economic Development D irector, shall:
. . .”
Section 4 : Table 20.15.010 of the Riverside Municipal Code entitled “Approving and Appeal Authority” is amended as shown in Exhibit “A” attached hereto and incorporated herein.
Section 5: Section 20.15.020 of the Riverside Municipal Code is amended as follows:
“Section 20.15.020 California Environmental Quality Act (CEQA) Approval.
A. If an Environmental Impact Report ( EIR) is prepared for any Certificate of Appropriateness, designation, modification, or dedesignation, or other action under this title, final approval of that action is with the City Council. In such cases, the Board shall review the Draft EIR, as it relates to cultural resources, and provide comments thereon, together with its recommendation that the project be a pproved or denied. The City Council shall consider the Board's comments and recommendation, and may accept, accept with modification, or decline the Board's recommendation.
B. Where an EIR is not prepared, and a Negative Declarati on (ND) or Mitigated Negat ive Declaration (MND) is prepared for a Certificate of Appropriateness or case where the Board is the final approval authority, the Board may adopt the ND or MND, and approve, approve with modification, or deny the project. If the Board's decision is not a ppealed, then the decision becomes final. If the decision is appealed, it becomes final upon the City Council's disposition of the appeal.
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
A. Environmental Impact Report (EIR) Required:
1. If an EIR is prepared for any Certificate of Appropriateness, designation, modification, or de-designation, or other action under this Title, final approval of that action is with the City Council.
2. In such cases, the Board shall review the Draft EIR, as it relates to C ultural Resources, and shall make a recommendation to the City Council regarding the following items:
a. Whether the Draft EIR has been completed in compliance with CEQA; b. Whether the project will have a significant effect on Cultural Resources; and, if so; c. Whether the changes or alterations proposed for the project, together with any changes or alterations that come forth as a part of the public hearing on the Draft EIR, will avoid or substantially lessen the significant e nvironmental effects as identified in the Draft EIR.
d. A recommendation that the project be approved or denied.
3. The City Council shall consider the Board’s comments and recommendation, and may accept, accept with modification, or decline the Board’s recommendation.
B. Environmental Impact Report (EIR) Not Required
1. If an EIR is not prepared, and a Negat ive Declaration (ND) or Mitigated Negative Declaration (MND) is prepared, the following shall apply:
a. Board Final Approval Authority:
i. The Board may adopt the ND or MND, and approve, approve with modification, or deny the project.
ii. If the Board’s decision is n ot timely appealed or referred , then the decision becomes final.
iii. If the decision is timely appealed or referred , it becomes final upon the City Council’s disposition of the appeal.
b. City Council Final Approval Authority
i. The Board shall review the Draft N D or MND, as it relates to Cultural Resources only, and provide comments, together with its recommendation that the project be
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
approved, approved with modifications, or denied.
ii. The City Council shall consider the Board’s comments and recommendation, and may accept, accept with modification, or decline the Board’s recommendation.
C. CEQA Appeals. To the extent this Title authorizes a non -elected decisionmaker to take action on the adequacy of the CEQA review, said action shall be a ppealable to the City Council consistent with Pub. Res. Code § 21151(c) provided that: (1) all administrative appeals were exh austed; (2) appeal is filed within ten (10) days of the decision becoming final; and (3) the appeal is filed in a form and manner required by the Planning Division.” Section 6: Section 20.15.030 of the Riverside Municipal Code is amended as follows:
“Section 20.15.030 Public Hearing and Notice.
A. All designations, modifications of designations, and/or dedesignations require a public hearing ("Hhearing").
B. All recognitions and derocognitions require a Hearing .
CB. Upon the filing of a complete application, a matter shall be set for hearing before the Board within 90 days. The Board may continue a hearing.
DC. Notice of hearin g.
1. Notice of the hearing shal l be mailed or delivered at least ten days prior to the hearing to:
a. The owner of the subject real property or the owner's duly authorized agent, and the project applicant; and
b. All owners and occupants of real property on the latest records of the County Assessor within 300 feet of the real property. If the number of owners to whom no tice would be mailed or delivered is greater than 1,000, the City may, in lieu of mailing or delivering the notice, provide notice by placing an advertisement of a lea st one-eighth page in at least one newspaper of general circulation within the City at le ast ten days prior to the hearing.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
c. Any person or entity that has filed a request for notice to the Planning Division. To the extent permit ted under state and loc al law, the City may use electronic mail as a means to pr oviding notices. The City may require requests for notices to be annually renewed.
. . .”
Section 7: Section 20.15.040 of the Riverside Municipal Code is amended as follows:
“Section 20.15.040 Meeting and notice for Certificates of Appropriateness by Board.
A. No public hearings are required. The application shall be set as a discussion calendar item for the Board meeting.
. . .
C. Notice shall be given to the property owner and to the owners of adja cent properties or those across a street or alley. mailed or delivered, at least ten d ays prior to the meeting, to:
1. The owner of the subject real property or the owner's duly authorized agent, and the project applicant.
2. All own ers and occupants of re al pro perty within 300 feet of the real property. If the number of owners to whom notice would be mailed or delivered is greater than 1,000, the City may, in lieu of mailing or delivering the notice, provide notice by placing an advertisement of at least o ne-eighth page in at least one newspaper of general circulation within the City at least ten days prior to the meeting.
3. Any person or entity that has filed a request for notice to the Planning Division. To the extent permitted under state and local law, the City may use electronic mail as a means to providing notice.
D. If a Board Certificate of Appropriateness is referred to the Board by the City Council, failure of the Board to report to the City Council within 90 days, or within the t ime specified by the Ci ty Council, shall be deemed as an approval by the Board.”
Section 8: Section 20.15.050 of the Riverside Municipal Code is amended as follows:
“Section 20.15.050 Meeting and notice for Administrative Certificates of Appropriateness.
A. No public hearings are required. The application shall be considered by the Historic
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
Preservation Officer or Qualified Designee administratively. . . .
C. Except as otherwise provided in this Tt itle, notice shall be mailed or delivered, at least ten days prior action to : given to the property owner and to the owners of adjacent properties or those across a street or alley.
1. The property owner of the subject real property or the owner's duly authorized agent, and the project applicant.
2. Owners and occupants of adjacent properties or those across a street or alley.
3. Any person or entity that has filed a request for notice to the Plan ning Division. To the extent permitted under state and local law, the City may use electronic mail as a means to providing notice.
D. Projects manda ted by state law to be reviewed ministerially are exempt from all noticing requirements.”
Section 9: Section 20.15.090 of the Riverside Municipal Code is amended as follows:
“Section 20.15.090 Appeals and Referrals.
A. Any person aggrieved or aff ected b y an Administrative Certificate of Appropriateness decision may appeal that decision to the Board within ten days of the Historic Preservation Officer or Qualified Designee's decision. The appeal must be made by filing a letter of appeal with the Planning Division. The lette r shall set forth the grounds for the appeal. The appeal shall be scheduled for the next available Board meeting. The Board may recommend to affirm, reverse or modify the underlying Historic Preservation Offi cer or Qualified Designee's d ecision to the City Council. Board decisions are final unless appealed as provided for in section 20.15.090.B (below).
B. Appeal of Board actio n. Any person affected by the Board action may appeal to the City Council within ten calendar days after the date of the Board's decision. The appeal must be made by filing a letter of appeal with the Planning Division and shall set forth the grounds for the appeal. The appeal shall first be heard by the Land Use Committee at its next available meeting, which shall then make a recommen dation to the City Council.
C. Notice.
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
1. Notice of the time and place of the Land Use Committee meeting shall be sent to the Applicant and Appellant.
2. The notice for the City Council action shall be the same as for the original action.
A. Appeals.
1. Administrative Action
a. Any person aggrieved or affected by an Administrative Certificate of Appropriateness decision may appeal that decision to the Board within ten days of the Historic Preservation Officer or Qualified Designee’s decision.
b. The appeal must be made by filing a letter of appeal with the Planning Division and shall be accompanied by a filing fee as established by City Council resolution. c. If the tenth day is on a weekend or holiday, the appeal is ex tended to the end of t he next regular business day.
d. The letter shall set forth the grounds for the appeal. e. To the extent feasible, t he appeal shall be scheduled on a Board meeting date mutually agreed upon by the person filing the appeal, the applicant and the City. f. The Board may recommend affirming reverse or modify the underlying Historic Preservation Officer or Qualified Designee’s decision to the City Council. g. Board decisions are final unless appealed or referred to City Council within ten days of the Board action.
h. For a ppeal of Administrative actions, notice of the time and place of the Cultural Heritage Board meeting shall be sent to the Applicant and Appellant, and as set forth in this Title.
2. Board Action
a. Any person affected by the Board action m ay appeal to the City Council within ten calendar days after the date of the Board’s decision.
b. The appeal must be made by filing a letter of appeal with the Planning Division and shall be accompanied by a filing fee as established by City Council resolution. c. If the tenth day is o n a weekend or holiday the appeal is extended to the end of the next regular business day.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
d. The letter shall set forth the grounds for the appeal. e. The appeal shall be scheduled for a City Council meeting date mutually agreed upon by the person filing the appeal, the applicant and the City. f. City Council decisions are final.
g. For appeals of Cultural Heritage Board actions, notice of the time and place of the City Council meeting shall be the same as for the original action.
B. Referral of Board action.
1. The Mayor or any member of the City Council may refer any action taken by the Cultural Heritage Board for consideration on the City Council's discussion calendar agenda by notifying the Community & Economic Development Director.
2. If not referred by the Mayor or City Council, or otherwise appealed within ten days of the Board action, the action of the Board is final.”
Section 10: Section 20.15.100 of the Riverside Municipal Code is amended as follows:
“Section 20.15.100 Effective date.
A. Certificates of Appropriateness shall be effective the first regular business day after the end of the ten day appeal period. Filing of an appeal or referral stays the effective date pending action on the appeal.
. . .”
Section 11: Secti on 20.20.020 of the Riverside Municipal Code is amended as follows:
“Section 20.20.020 Designation application.
The Board, City Council, or any person may apply for the designation, modification, or dedesignation of a landmark, structure or resource of merit, Hist oric District, or mod ification or dedesignation of Neighborhood Conservation Area status. Applications for designation, modification, or dedesignation shall be on forms provided by the Planning Division.
No structure may be designated as a landmark or a st ructure or resource o f merit , nor may any designation be modified or repealed (dedesignated), without the prior written consent of the owner. Based on the Board recommendation, the City Council may override a property owner objection with a 2/3 vote of the total membership of City Council (five votes minimum) , provided a finding can be made that the s tructure is of unique value.
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
The City no longer allows designation of Neighborhood Conservation Areas.” Section 12: Secti on 20.20.080 of the Riverside Municipal Code is amended as follows:
“Section 20.20.080 Overlay Zone.
A. Pursuant to Title 19, upon any designation, the Cultural Resources Overlay Zone applies to the subject property or parcel .
B. Upon adoption of a historic district resolution by the City Council, the Planning Divi sion shall initiate a rezoning case to a pply the CR -Cultural Resources overlay zone to the properties within the district. This process shall follow the requirements ou tlined in Title 19 .” Section 13: Secti on 20.20.120 of the Riverside Municipal Code entitled “Designation Process in Flow Chart Form” has been deleted in its entirety.
Section 14: Secti on 20.25.010 of the Riverside Municipal Code is amended as follows:
“Section 20.25.010 Certificates of Appropriateness, generally Required.
A Certificate of Appropriateness is required before any person restores, rehabilitates, alters, develops, constructs, demolishes, removes or changes the appearance of any designated Cultural Resource, eligible Cultural Resource, any element in a geogra phic Historic District (contributing and non- contributing), or, a contributing feature or contributor to a Neighborhood Conservation Area. The requirements of this chapter are in addition to any and all other City permit requirements.
Except as set forth i n Section 20.25.030, Certificates of Appropriateness shall be reviewed by the Cultural Heritage Board.
No Certificate of Appropriat eness is re quired for a historic structur e if th e Building Official has determined that structure presents an unsafe or dangerous condition constituting an imminent threat as defined in the California Building Code, or a dangerous building as defined by the Uniform Code for the abatement of dangerous buildings, and the proposed action is necessary to mitigate the unsafe or dangerous condition. Before any physical work on any such unsafe structure, the Building Official shall make all reasonable efforts to consult with the Historic Preservation Officer o r Qualified Designee to seek feasible alternatives to the proposed action that will adequately protect the public health and safet y.
A. In addition to any and all other City permit requirements a Certificate of Appropriateness is
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RIVERSIDE, CA 92501
(951) 826-5567
required before any person restores, rehabilitates, alters, develops, constructs, demolishes, removes, or changes the appearance of any:
1. Designated Cultural Resource;
2. Eligible Cultural Resource; or
3. Any element in a geographic Historic District (contributing and non-contributing) or contributor to Neighborhood Conservation Area (contributor).
B. Alterations that require Certificate s of Appropri ateness include changes to the exterior, unless otherwise designated per the designating resolution or per the requirements of the Secretary of Interior's Standards for the Treatment of Historic Properties.
C. For the demolition of structures not previously identified as Eligible Cultural Resources, the Community & Economi c Development Director and His toric Preserva tion Officer may require a Cultural Resources Report be prepared pursuant to Section 20.26.010 to determine if the structure is eligible for designation. I f the subject property is found eligible for designation, a Certificate of Appropriateness and associated CEQA review is required pursuant to this title.
A.D. The Historic Preservation Officer or Qualified Designee, at his or her discretion, may require a Cultural Resources Report be prepare pursuant to S ection 20.26.010 for the demolition of structures not previously identified as Eligible Cultural Resources to determine if the structure is eligible for designation. If the subject property is found eligible for designation, a Certificate of Appropriateness and associ ated CEQA revi ew is required pursuant to this chapter.
E. Non-contributors and Non- contributing Features in Historic Districts and individually significant properties are subject to the Certificate of Appropriateness requirements; however, the principles, issues and standards are different than for Contributing features.” Section 15: Section 20.25.015 of the Riverside Municipal Code is added as follows:
“Section 20.25.015 Certificates of Appropriateness Not Required.
No Certificate of Appropriateness is required for:
A. Dangerous Condition:
1. Modifications to a Cultural Resource does not require a Certificate of Appropriateness, if
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3750 UNIVERSITY AVENUE,
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RIVERSIDE, CA 92501
(951) 826-5567
the Building Official has determined that structure presents an unsafe or dangerous condition constituting an imminent threat as defined in the California Building Code: or
2. A dangerous building as defined by the Uniform Code for the Abatement of Dangerous Buildings, and the proposed action is necessary to mitigate the unsafe or dangerous condition.
3. Before any physical work on any such unsafe structure, the Building Official shall make all reasonabl e efforts to consult with the Historic Preservation Officer or Qualified Designee to seek feasible alternatives to th e proposed action that will adequately protect the public health and safety.
B. Structures found ineligib le for hist oric designati on in an adopted Cultural resource survey, Section 20.50.010, or a Cultural Resource Report, Section 20.26.010.
C. Non-contributors and Non-contributing features in Neighborhood Conservation Areas are not subject to the Certificate of Appropriateness requirements.” Section 16: Section 20.25.020 of the Riverside Municipal Code is amended and replaced in its entirety as shown in Exhibit “B” attached hereto and incorporated herein.
Section 17: Secti on 20.25.021 of the Riverside Municipal Code is added as follows:
Section 20.25.021 Preliminary Review
A. Purpose and intent: Identify concern that may arise during review of the projects, including but not limited to suggestion for obtaining consistency with the Principles and Standards of Site Development and Design Review, as included in Section 20.25.050.
B. Applicability:
1. For projects at a City Landmarks & Structures of Merit, designated or found eligible for pursuant to a Cultural Resources Report or survey, that are subject to Board review: Pr ior to an application being deemed complete, the project shall be submitted to the Board as a workshop to seek input and direction on the proposed project, as authorized under Title
20. 2. All Other Projects: Prior to an application being deemed complete, an applicant may request a workshop before the Board to seek input and direction on a proposed project.”
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
Section 18: Section 20.25.025 of the Riverside Municipal Code is added as follows:
“Section 20.25.025 Board Certificates of Appropriateness.
Except as set forth in this Chapter, Certificates of Appropriateness shall be reviewed by the Cultural Heritage Board.”
Section 19: Section 20.25.030 of the Riverside Municipal Code is amended as follows:
“Section 20.25.030 Administrative Certificates of Appropriateness.
The Historic Preservation Officer or Qualified Des ignee may administratively approve, approve with conditions, refer to the Board, or deny a Certificate of Appropriateness as follows:
A. For anyall cultural resources, including landmarks (designate d and eligible):
1. New or replacement fences, walls, awni ngs, and/or exterior lightings.
21. The in -kind replacement of historically- correct architectural features or building elements, i ncluding windows, doors, exterior siding, roofs, porches, cornices, balustrades, stairs, and the like, that are deteriorated, damaged beyond restoration, or previously rem oved.
32. The in -kind replacement of historically correct site, or con tributing landscape features that are deteriorated, damaged beyond restoration, or previously removed.
4. R emoval or alteration of landscape features, such as walkways, planter walls, fountains, and in certain circumstances mature foliage, that contribute to the historic character of the resource but are not designated or listed as contributing to a designated resource.
5. The removal of i nappropriate additions or alterations to restore the original appearance of a structure.
6. Paving for driveways, walkways and/or patios, and the addition of or alteration to driveway approaches, subject to WQMP requirements.
73. Exterior painting of commer cial prop erties, and/or designated landmarks , and landmarks determined eligible for designation., including only those sS urfaces allowed to be painted include only those that were originally intended to be painted and exclude all other surfaces, such as b rick, concrete, and stone.
B. For anyall cultural resources, excludingexcept designated landmarks:
1. One-story additions , auxiliary structure s or similar (excluding attached garages) to
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a single -story struct ure, less than 50 percent of the size of the ex isting ma in structure (or 1,000 square feet area, whichever is smaller, for residential), with limited or no visibility fr om publi c streets.
2. Two-story Accessory D welling Unit (ADU) and second -story additions to existing single-story structures , auxiliary structures (excluding attached garages) for an ADU, when the main residence is at least two -stories in height.
2. Fences and walls.
3. Awnings and signs.
4. Removal or alteration of landscape feat ures, such as walkways, planter walls, fountains, and in c ertain circumstances mature foliage, that contribute to the historic character of the property but are not designated or listed as contributing to a designated resource.
5. Paving for driveways, walkways and/or patios, and the addition of or alteration to driveway approaches, subject to WQMP requirements.
6. Exterior lighting.
7. The removal of inappropriate additions or alterations to restore the original appearance of a str ucture.
38. Demolition of a, or the replacement of a previously existing, one -story, detached garage and construction of a new one -story, detached garage that is architecturally compatible with the existing reside nce and char acter-defining features of the existing neighborhood and the area devoted to parking does not exceed 400 squar e feet, or the minimum size for a two -car garage as required by the City Zoning Code, whichever is greater. Maximum size of the structure shall not exceed City Zoning Code requir ements.
C. For non-contributing features and non- contributors in a Historic Distr ict, all actions except:
1. Demolition.
2. New and in-fill construction.
3. Large additions (increasing floor area by 50100 percent or more).
4. Increasing the number of stories (e.g., adding a second story to a single -story structure).
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D. Under A, B a nd C above, t he Historic Preservation Officer or Qualified Designee may waive noticing requirements and/or formal application forms for cases that are immediately determined to meet all required findings because they are so minor in nature or involve alteratio ns deemed insignificant or having no impact on the significance or integrity of the Cultural Resources, such as fences, landscaping , like-for-like repair, or similar.” Section 20: Section 20.25.050 of the Riverside Municipal Code is amended as follows:
“Section 20.25.050 Principles and standards of site development and design review.
The Board and Historic Preservation Officer or Qualified Designee shall make findings of the following standards when applicable to approving or denying a Certificate of Appropriaten ess.
A. The application proposal is consistent or compatible wit h the architectural period and the character-defining elements of the historic building;
B. The application proposal is compatible with existing adjacent or nearby Cultural Resour ces and their character-defining elements;
C. The colors, textures, materials, fenestration, decorative features, details, height, scale, massing and methods of construction proposed are consistent with the period and/or compatible with adjacent Cultural Resources;
D. The proposed change does not adversely affect the context considering the following factors: grading; site development; orientation of buildings; off -street parking; landscaping; signs; street furniture; public areas; relationship of the proje ct to its surroundings; E. The proposed change does not destroy or adversely affect an important architectural, historical, cultural or archaeological feature or features; F. The project is consistent wi th the Citywide Residential Historic District Design Guidelines, approved guidelines for each Historic District, and/or any other applicable Design Guidelines; and G. The project is consis tent with the principles of the Secretary of the Interior 's Standards for the Treatment of Historic Properties.
A. For pr oposed proje cts involving individually significa nt Cultural Resources (i.e. City Landmarks, Structures of Merit, etc.), the proposed project should demonstrate:
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1. C onsistency or compatibility with the a rchitectural period and the character -defining elements of the historic building, such as colors, textures, materials, fenestratio n, decorative features, details, heigh t, scale, massing, and method of construction ;
2. The proposed project does not destroy or pose a substantial adverse change to an important architectural, historical, cultural or archaeological feature or features of the Cultural Resource;
3. Compatibility with context considering the following factors: grading; site development; orientation of buildings; off -street parking; landscaping; signs; s treet fur niture; public areas; relationship of the project to its surroundings;
4. Consistency with the principles of the Secretary of the Interior’s Standards for the Treatment of Historic Properties; and
5. As applicable, consistency with other federal, state, and/or local guidelines.
B. For proposed projects involving contributors or contributing feature within Historic Districts and Neighborhood Conservations Areas, the proposed project should demonstrate:
1. Compatibility with the height, scale, or mas sing of the contributor (or contributing feature) the Cultural Resource;
2. Compatibility with colors, textures, materials, decorative features of the contributor (or contributing feature) to the Cultural Resources;
3. The proposed change does not destroy or pose a sub stantial adverse change to an important architectural, historical, cultural or archaeological feature or features within boundary of the Cultural Resource;
4. Compatibility with the context of the Cultural Resource regarding grading, site development, orientation of buildings, landscaping, signs, or public areas;
5. Consistency with the Citywide Residential Historic District Design Guidelines, approved guidelines for each Historic District, and/or any other applicable Design Guidelines; and
1.6. Consistency with the principles of the Secretary of the Interior’s Standards for the Treatment of Historic Properties.
C. For Non-contributors in a Historic District, the proposed project should demonstrate:
1. Compatibility with the height, scale, or massing of contributors within the Historic
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District, and as allowed by Title 19-Zoning;
2. Compatibility with the colors, textures, roof forms, and materi als of contributors or the architectural period within the Historic District;
3. That the proposed project does not pose an adverse change to the Historic District or its context;
4. Consistency with the Citywide Residential Historic District Design Guidelines and the Historic District guidelines; and
5. Consistency with the principles of t he Secretary of the Interior’s Standards for the Treatment of Historic Properties.”
Section 21: Section 20.25.060 of the Riverside Municipal Code is amended as follows:
“Section 20.25.060 Appeals.
Section 20.15.090 shall apply f For appeals of any approval, conditional approval or denial of a Certificate of Appropriateness under this chapter, see Section 20.15.090(A) and/or 20.15.090(B ) as applicable.”
Section 22: Chapter 20.26 entitled “Archaeological and Tribal Cultural Resources” is added to the Riverside Municipal Code as shown in Exhibit “C” attached hereto and incorporated herein.
Sect ion 23: Section 20.30.030 of the Riverside Municipal Code is amended as follows:
“Section 20.30.030 Historic Preservation Fund.
. . .
C. The fund shall be administered by a Historic Preservation Fund Comm ittee.
1. The C ommittee membership shall consist of five members, serving two- year terms. The Cultural Heritage Board shall designate two of its members to serve as representatives, and the City Council representative shall be appointed by the Mayor's Nominating and Scre ening Committee ("Council Committee"). The remaining two shall be City residents affiliated with separate Riverside- specific historic preservation organizations and appointed by the Council Committee. Interested persons must submit applicati ons for appointment no later than 30 days
before the meeting during which the Council Committee selects the representatives. . . .
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3. The Committee shall establish meeting rules, application deadlines, and the frequency of meetings; however, the Com mittee sha ll schedule a meeting to be held at least once every quarter meet at least quarterly and shall consider any submitted grant applications at least semiannually, as needed.
. . .”
Sect ion 24: Section 20.35.010 of the Riverside Municipal Code is amended as follows:
“Section 20.35.010 Duty to maintain.
Every person in possession or control, and the owner, of a Cultural Resource or a building, structure, object or site within a Historic Di strict or N eighborhood Conservation Area shall maintain and ke ep in good repair the exterior of that resource, and all interior portions necessary to prevent loss or deterioration of any c ultural or structural integrity. "Good repair" means that level of maintenance and repair which clearly furthers the cont inued via bility o f a resource and/or premises for lawful reasonable uses and prevents loss or deterioration of the resource and/or premises. Such maintenance shall be in compliance with all applicable codes, laws and regulations governing the maintenance of property. In addition to any other remedies available to the City, this section shall also be enforceable by the Code Enforcement Di vision of the Community & Economic Development Department to the full extent permissible by law .
Failure to maintain a Cu ltural Resource may result in a Determination of Nuisance and Summary Abatement.”
Section 25: Section 20.40.010 of the Riverside Municipal Code is amended as follows:
“Section 20.40.010 Violations.
No person sha ll alter or demolish a Cc ultural Rresource or a building, structure, object or site within a Historic District or Neigh borhood Conservation Area in violation of this title, eith er actively or passively , including through neglect .”
/ /
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Section 26: Section 20.40.040 of the Riverside Municipal Code is amended as follows:
“Section 20.40.040 Stop work orders.
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The Community & Economic Development Director or designee has the authority to issue a stop work order for any violation or threatened violation of this title. A stop work order shall be written in the format deemed appropriate by the issuer. The stop work order sha ll remain in effect until written notice of rescission by the Community & Economic Development Director or designee, or until City Council action to remove or modify the order, in addition to any other enforcement under any other provision of the Municipal Code or law .” Sect ion 27: Section 20.40.050 of the Riverside Municipal Code is amended as follows:
“Section 20.40.050 Remedies.
A. The City may impose one or more of the followin g remedies to address any violation of this title. Selection is in the sole discretion of the City. Remedies shall apply to any violati on of this Title. All remedies shall be cumulative to each other and not exclusive .
A. Retroactive complianc e. Apply for and obtain a Certificate of Appropriateness as defined in Chapter 20.25, including compliance with all conditions.
B. Remedies are at the sole discretion of the City and may include one or more of the following:
1. Administrative Certificate of Approvals and Non-contributors in a Historic District:
a. A retroactive Certificate of Appropriateness as defined in this Title shall be re quired; and
b. All conditions of the Certificate of Appropriateness shall be satisfied.
2. Board Issued Certificate of Appropriateness - Retroactive compliance. a. A retroactive Certificate of Appropriateness as defined in this Title shall be required; and
b. All conditions of the Certificate of Appropriateness shall be satisfied.
3.B. Restoration.
a. A violation may be abated by restoring or reconstructing the Cultural Resource to its original condition prior to the violation.
b. The violator must obtain a Certif icate of Appropriateness prior to restoration.
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c. Restoration shall use as much of the original material as possible. Th e City can compel the violator to perform or provide for the restoration, or the City may perform or provide the restoration and recover all of its costs from the violator. d. The City may place a lien on the property as provided for in Municipal Cod e Chapter 6.15.
4.C. Civil penalty.
a. If, in the sole judgment of the City, Restoration is not feasible, the City Council may impose a civ il penalty equal to the cost of restoring the cultural resource to its pre -violation condition, and all administrative and enforcement fees. b. The City shall fix the costs through appraisals or by soliciting bids. c. All collected funds shall be set aside and used only for CLG duties and required responsibilities.”
Section 28: S ection 20.40.080 entitled “Code Enforcement Updates” is added to the Riverside Municipal as follows:
“Section 20.40.080 Code Enforcement Updates.
The Board may request an update from the HPO regarding any matter subject to an enforcement action pursuant to this Ch apter.”
Section 29: Section 20.45.010 of the Riverside Municipal Code is amended as follows:
“Section 20.45.010 Amendment.
Amendments to this title may be initiated in any one of the following manners:
A. Upon minute action of the Ci ty Council.
B. Upon minute action of the Cultural Herit age Board.
C. Upon the written request of the Community & Economic Development Director or designee.
. . .”
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Sect ion 30: Section 20.45.020 of the Riverside Municipal Code is amended as follows:
“Section 20.45.020 Procedures.
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A. Recommendation and approva l. Any proposed am endment to this title must first be sent to the Board for review and recommendation. The Board shall recommend that the City Council amend, not amend, or amend the proposal as modified by the Board. The City Council is the final approving authori ty.
. . .
D. Required findings . In acting to approve an amendment to the Zoning Ordinance text or map, the City Council shall make the following findings:
1. The proposed amendment is generally consistent with the goals, policies, and objectives of the general plan; and
2. The proposed amendment will not adversely affect surrounding properties; and;
23. The proposed amendment complies with the purposes of this Tt itle. as set forth in Chapter 20.05.”
Section 31: Secti on 20.50.010 of the Riverside Municipal Code entitled “Definitions” is amended as shown in Exhibit “D” attached hereto and incorporated herein.
Sect ion 32: The City Clerk shall certify to the ado ption of this O rdinance and cause publication once in a newspaper of general circulation in accordance with Section 414 of the Charter of the City of Riverside. This O rdinance shall become effective on the 30th day after the date of its adoption.
ADOPTED by the City Council this _____ day of _______________, 2024.
______________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
______________________________
DONESIA GAUSE
City Clerk of the City of Riverside
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I, Donesia Gause , City Clerk of the Ci ty of Rive rside, California, hereby certify that the foregoing ordinan ce was dul y and regularly i ntroduced at a meeting of the City Council on the _____ day of _______________, 2024, and that thereafter the said ordinance was duly and regularly adopted at a meeting of the City Council on the _____ day of _______________, 2024, by t he following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this _____ day of _______________, 2024.
______________________________
DONESIA GAUSE
City Clerk of the City of Riverside
\\rc-citylaw\cycom\wpdocs\d021\p040\00773757.doc
23-0956 12/21/23
1 EXHIBIT “A”
Table 20.15.010
Approving and Appeal Authority
Approving and Appeal Authority
Type of Permit or
Action
City Historic
Preservation
Officer
(HPO)
Historic
Preservation
Fund
Committee
(HPFC)
City
Cultural
Heritage
Board
Land Use
Committee
of City
Council
City
Council
Consent
City
Council
Discussion
City
Council
Public
Hearing
(1, 2) (1) (1, 2)
Administrative Discretionary Permits/Actions (No Public Hearing Required) Administrative
Certificate of
Appropriateness
F A/AR/F RR (3) A/F
Discretionary Permits and Actions (Public Meeting or Hearing Required) Board Certificate of
Appropriateness
F (34) RR (3) A/F
HPFC – Grant
Application
F A/F A/F
Legislative Actions (Public Hearing Required)
Mills Act Application F
Designation of a
Structure or Resource
of Merit
R RR (3) A/F
Designation of a
Landmark
R RR (3) A/F
Designation of an
Historic District
R RR (3) A/F
R = Recommending Authority; F = Final Approving Authority (unless appealable); A = Appeal Authority; AR = Approving Authority as HPO on Referral; RR = Recommend and Referral Authority
Notes:
(1) Decisions of the City Council are final and cannot be appealed. (2) An item pulled from the City Council Consent Calendar which was originally heard at a public hearing will need to be re-advertised for a public hearing prior to being heard, otherwise it will be a discussion item. (34) The Cultural Heritage Board is the final authority unless an EIR is being processed, in which case the final authority is City Council.
1 EXHIBIT “B”
Section 20.25.020 Application.
A. Submittal requirements.
1. Applications for a Certificate of Appropriateness shall be made on forms provided by the Planning Division. Applications shall include:
a. Plans and specifications showing the design, materials, colors, landscaping, and irrigation relating to the proposed improvements.
b. Where required, applications shall also show the relationship of the proposed work to the surrounding environs.
c. Applications for new construction in a Historic District or Neighborhood Conservation Area shall also include such relevant information as how the new improvement relates to the existing architectural style, scale, massing, site, streetscape, landscaping, and signage. d. The Planning Division may require any additional information deemed necessary to make an informed judgment of the proposed work according to the standards of this Chapter.
2. Signature and fees required.
a. Applications will not be accepted by the Planning Division without required signed application forms and permit.
b. Any owner, owner's authorized representative or the City Manager, or his/her designee, may sign an application.
c. Applicable fees shall be those established by City Council Resolution and published in the Schedule of Fees available from the Planning Division.
3. Indemnification.
a. With the submittal of any application, the owner and/or applicant agrees that upon approval of its application the owner and/or applicant shall defend, indemnify, including reimbursement, and hold harmless the City of Riverside, its agents, officers and em ployees from any claim, action or proceeding against the City of Riverside, its agents, officers or employees, that attacks, set asides, voids, or annuls, any approval by the City concerning:
i. Any such approval of the City; and/or
2 ii. An action taken to provide environmental clearance under CEQA by its advisory agencies, appeal boards or City Council.
b. The owner and/or applicant shall execute an indemnification agreement in a form acceptable to the City Attorney.
c. In the event any claim, action or proceeding is brought, the City shall promptly notify the owner and/or applicant of the existence of the proceeding and the City will cooperate fully in the defense of the proceeding. Nothing in this Section shall prohibit the City from participating in the defense of any proceeding.
d. If the applicant is required to defend the City in connection with any proceeding described in this Section, the City shall retain the right to approve:
i. The counsel to so defend the City;
ii. All significant decisions concerning the manner in which defense is conducted; and iii. Any and all settlements, which approval shall not be unreasonably withheld. e. The City shall also have the right to not participate in the defense, except that the City agrees to cooperate with the applicant in the defense of the proceeding. If the City chooses to have counsel of its own defend any proceeding where the applicant has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the City.
B. Preliminary Review: Prior to an application being deemed complete, a workshop before the Board may be held as specified in Section 20.25.021.
C. Application Completeness Review: All applications filed with the Planning Division in compliance with this Title shall be initially reviewed by the Historic Preservation Officer, or Qualified Designee.
The application shall be processed as follows:
1. Complete applications. The applicant shall be notified in writing of the determination either that all the submittal requirements have been satisfied and that the application has been accepted as complete.
2. Incomplete applications. The applicant shall be notified in writing of the determination that specific information and or materials are still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are 3 not in compliance with the principles and standards as set forth in this Title.
3. Withdrawals.
a. Submittal of withdrawals. All withdrawal requests shall be submitted in writing to the Planning Division, identifying the application being withdrawn. b. Resubmittal of withdrawn applications. Any resubmittal of a withdrawn application shall require submittal of a new application along with the appropriate fees and a new case number will be assigned.
4. City inactivity determination.
a. The City, at its discretion, may deem any application inactive if it remains incomplete for 180 calendar days from the date of the original submittal and no meaningful progress has been taken by the applicant in response to deficiencies with the application. b. The City shall notify the applicant in writing of its intention to deem the application inactive at least 30 calendar days prior to determination.
c. Subsequent to an application being deemed complete, the City may terminate an application due to inactivity consistent with the above procedures.
5. Mutual agreement to extension of time. Nothing in this Section precludes the applicant and the City from mutually agreeing to an extension of any time limit provided by this Section.
D. Relationship to other Discretionary Approvals: If a project requires other Planning Entitlements under Title 19, the Certificate of Appropriateness review shall occur concurrent with or prior to the review of the associated Entitlements, by the appropriate approval authority.
EXHIBIT “C”
CHAPTER 20.26
ARCHAEOLOGICAL AND TRIBAL CULTURAL RESOURCES
SECTIONS:
20.26.010 CULTURAL RESOURCES REPORT.
20.26.020 TRIBAL CONSULTATION.
Section 20.26.010 Cultural Resources Reports.
A Cultural Resources Report, meeting the requirements established by the Planning Division, may be required for any discretionary action that meets at least one on the following criteria, as determined by the Historic Preservation Officer or Qualified Designee:
A. The proposed project has the potential to impact a Cultural Resource (designated or eligible) as defined in this Title.
B. The proposed project has the potential to impact a structure that is over 50 years of age or may be eligible for City, State or National Designation.
C. The project is located near a known archeological site such as:
1. Within 1,000 feet of a documented site; or
2. Within or adjacent to an area of high archeological sensitivity as defined by the City’s General Plan.
D. Contains site features such as:
1. Steep slopes that are undeveloped;
2. Canyons;
3. Arroyos;
4. Rivers or streams and/or adjacency;
5. Rock outcroppings: and/or
6. Undeveloped land at the base of steep slopes.
E. The Eastern Information Center determination that a Phase 1 Archeological Study is necessary.
Section 20.26.020 Tribal Consultation.
When required, Tribal Consultation shall be completed in accordance with CEQA.
EXHIBIT “D”
CHAPTER 20.50
DEFINITIONS
For the purposes of this title, these terms are defined as follows:
A. Alteration means any change, modification, or demolition, through public or private action, to the character-defining or significant physical features of properties affected by this title. In the case of Cultural Resources that are buildings or structures, "alteration" shall include changes to the exterior unless otherwise designated per the designating resolution or per the requirements of the Secretary of Interior's Standards for the Treat ment of Historic Properties. Such changes may be: changes to, or modifications of, structural or architectural details or visual characteristics; grading; surface paving; the addition of new structures; the cutting or removal of designated trees, landscapes or other natural features; the disturbance of archaeological sites or areas; or the placement or removal of any significant objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings, or landscape accessories affecting the significant visual an d/or historical qualities of the Cultural Resource.
B. Board means the Cultural Heritage Board.
C. Certificate of Appropriateness means a certificate, issued by the Board or Historic Preservation Officer or Qualified Designee that approves plans, specifications, or statements of work for any proposed alteration, removal, relocation or demolition of any cultural resource.
D. Certified Local Government (CLG) means a local government certified under federal law by the California State Office of Historic Preservation for the purpose of more direct participation in federal and State historic preservation programs.
E. Character defining features means the overall shape of the building, its materials, craftsmanship, decorative details, architectural features, and the various aspects of its site and environment. following natural or manmade elements of a cultural resource: design general arrangement or components of an improvement, such as site placement, height, scale, and setback; the type, color, and texture of the building materials; construction method; the type and style of windows, doors, lights, signs, and other fixtures. Character defining features of buildings or structures are generally external.
F. Contributing feature to a Historic District, Neighborhood Conservation Area, or individually significant property means a site, improvement, or natural feature that within a Historic District, Neighborhood Conservation Area, or an indivi dually significant property that provides appropriate historic context, historic architecture, historic association , or historic value, or is capable of yielding important information about the period. Examples of contributing features includinge, but are not limited to: streets, curbs, sidewalks, streetlights, street furniture, signs, landscaping, monuments, and works of art, gutters, setbacks, signage, parkway, alleys, walls, fencing, and gates. Contributing features in Historic Districts, Neighborhood Conservation Areas, or individually significant properties are subject to the Certificate of Appropriateness process.
G. Contributor to either a Historic District or a Neighborhood Conservation Area means a building structure within a Historic District or Neighborhood Conservation Area that provides appropriate historic context, historic architecture, historic association or historic value, or is capable of yielding important information about the per iod. Contributors in Historic Districts and Neighborhood Conservation Areas are subject to the Certificate of Appropriateness Process.
H. Cultural landscape means a geographic area, including both cultural and natural resources and the wildlife or domestic animals therein, associated with a historic event, activity, or person or exhibiting other cultural or aesthetic values.
I. Cultural resource means improvements, natural features, sites, cultural landscapes, or other objects, which may reasonably be of scientific, aesthetic, educational, cultural, architectural, social, political, military, historical or archaeological significance. This includ es designated cultural resources, eligible cultural resources, and contributing features to Historic Districts and Neighborhood Conservation Areas. A "Point of Cultural Interest" as recognized under Title 20 is expressly not under this definition.
J. Cultural resources Overlay Zone means a Title 19 zoning category applied to a property identified as a Designated Cultural Resource . Historic District to notify the owner and the public. Upon adoption of a Historic District resolution by the City Council, the Planning Division shall initiate a rezoning case to apply the CR -Cultural resources overlay zone to the properties within the dis trict. This process shall follow the requirements outlined in Title 19.
K. Cultural resources survey means a project that surveys and identifies properties within the City according to the standards set forth in National Register Bulletin #24. Completed surveys shall have findings adopted by City Council, as a consent or discussion item.
Demolition of a Cultural Resource means the removal, over a 5 -year period, of more than 25 percent of the wall(s) and roof forms on the primary elevation and/or facing a public street(s) or 50 percent of entire structure.
L. Design guidelines means the document approved by the Board which illustrates appropriate and inappropriate methods of alteration and construction. The purpose of design guidelines is to promote appropriate design and decision- making and to preserve the integrity and character defining features of cultural resources. The Secretary of the Interior's Standards for the Treatment of Historic Properties shall serve as design guidelines where there exist no other established design guidelines.
M. Designated cultural resource means any cultural resource that has been designated a City landmark, structure or resource of merit, Historic District, or Neighborhood Conservation Area (prior to 2006); County Landmark, County Historic Preservation District, a California Point of Historical Interest or Historical Landmark; a National Heritage Landmark; or is listed in the National Register of Historic Places or the California Register of Historical Resources.
N. Eligible cultural resource means a cultural resource or Historic District which has been determined by the Historic Preservation Officer or Qualified Designee, Board, or City Council to meet the City's designation criteria pursuant to a survey prepared by a professional meeting the Secretary of the Interior's standards which either documents the resource, records the resource on the State Department of Parks and Recreation survey forms, or has been so designated by the California State Historic Preservation Officer.
O. Historic District means an area which contains:
A.1. A concentration, linkage, or continuity of cultural resources, where at least 50 percent of the structures or elements retain significant historic integrity, (a "geographic Historic District") or B.2. A thematically-related grouping of cultural resources which contribute to each other and are unified aesthetically by plan or physical development, and which have been designated or determined eligible for designation as a Historic District by the Historic Preservation Officer or Qualified Designee, Board, or City Council or is listed in the National Register of Historic Places or the California Register of Historical Resources, or is a California Historical Landmark or a California Point of Historical Interest (a "thematic Historic District").
In addition to either A. or B. above, the area also:
13. Exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history;
24. Is identified with persons or events significant in local, State, or national history;
35. Embodies distinctive characteristics of a style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship;
46. Represents the work of notable builders, designers, or architects;
57. Embodies a collection of elements of architectural design, detail, materials or craftsmanship that represent a significant structural or architectural achievement or innovation;
68. Reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning;
79. Conveys a sense of historic and architectural cohesiveness through its design, setting, materials, workmanship or association; or
810. Has yielded or may be likely to yield, information important in history or prehistory.
P. Historic Preservation Officer is the person selected by the Community Development Director for the City of Riverside and appointed by the City Manager to administer the cultural resources program, including professional support to the Board, management of both the Board's Certificate of Appropriateness process, and execution of the Administrative Certificate of Appropriateness process.
The Historic Preservation Officer shall meet the requirements of the Department of the Interior, National Park Service as set forth in appendix A to Title 36, Part 61 (Professional Qualification Standards).
Q. Improvement means any building, structure, fence, gate, wall, landscaping, planted tree, work of art, or other man- made physical feature of real property, or any part of such feature which is not a natural feature.
R. In-kind replacement means to match the old in material, design, color, and texture, when sufficient information is known about the original to be replaced. Refer to the Secretary of Interior Standards for Historic Properties for more specific information on in- kind replacement as applies to the appropriate level of treatment (i.e.: preservation, rehabilitation, restoration, or reconstruction). If
sufficient information is not known about the original to be replaced, in- kind replacement is not possible.
S. Integrity means the ability of a cultural resource to convey its significance. To retain integrity a cultural resource must retain most of the aspects that closely relate to the resource's significance including location, design, setting, materials, workmanship, feeling, and association.
T. Land Use Committee means the Land Use, Sustainability, and Resilience Committee.
U. Landmark means: any improvement or natural feature that is an exceptional example of a historical, archaeological, cultural, architectural, community, aesthetic or artistic heritage of the City, retains a high degree of integrity, and meets one or more of the following c riteria.
A. A ny improvement or natural feature that is an exceptional example of a historical, archaeological, cultural, architectural, community, aesthetic or artistic heritage of the City, retains a high degree of integrity; and
B. M eets one or more of the following criteria :
1. Exemplifies or reflects special elements of the City's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history;
2. Is identified with persons or events significant in local, state or national history;
3. Embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftsmanship;
4. Represents the work of a notable builder, designer, or architect, or important creative individual;
5. Embodies elements that possess high artistic values or represents a significant structural or architectural achievement or innovation;
6. Reflects significant geographical patterns, including those associated with different eras of settlement and growth, particular transportation modes, or distinctive examples of park or community planning, or cultural landscape;
7. Is one of the last remaining examples in the City, region, State, or nation possessing distinguishing characteristics of an architectural or historical type or specimen; or
8. Has yielded or may be likely to yield, information important in history or prehistory.
An improvement or natural feature meeting one or more of the above criteria, yet not having the high degree of integrity to qualify as a landmark, may qualify as a structure or resource of merit (see subsection "Secretary of Interior's Standards for the Tr eatment of Historic Properties," below).
An improvement or natural feature meeting one or more of the above criteria, yet not formally designated as a landmark by the City Council, may be an eligible landmark.
V. Moratorium means a suspension of an ongoing or planned development activity or permits.
W. Natural feature means any naturally -occurring tree, plant life, habitat, geographical or geological site or feature, but does not include Improvements.
X. Neighborhood conservation area means an area that:
A1. Provides a contextual understanding of the broader patterns of Riverside's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history; B2. Represents established and familiar visual features of a neighborhood, community, or of the City;
C3. Reflects significant development or geographical patterns, including those associated with different eras of settlement and growth; or
D4. Conveys a sense of historic or architectural cohesiveness through its design, setting, materials, workmanship or association.
Designation of Neighborhood Conservation Areas is no longer allowed. Those designated prior to May 2006 shall remain in effect and subject to this title, and may be modified or dedesignated.
Y. Non-contributing feature of a Historic District, Neighborhood Conservation Area, or individually significant property means a site, improvement, or natural feature within a Historic District or Neighborhood Conservation Area that does not provide appropriate historic context, historic architecture, historic association or historic value, or is not capable of yielding important information about the period, because that element:
A1. Was not present during the district's or area's period of historic significance; or B2. No longer possesses integrity due to alterations, disturbances, additions, or other changes; and C3. Does not independently meet the designation criteria as defined in this title.
Non-contributing features in Historic Districts and individually significant properties are subject to the Certificate of Appropriateness requirements; however, the principles, issues and standards are different than for contributing features. Non- contributing features in Neighborhood Conservation Areas are not subject to the Certificate of Appropriateness requirements.
Z. Non-contributor to either a Historic District or a Neighborhood Conservation Area means a building structure within a Historic District or Neighborhood Conservation Area that does not provides appropriate historic context, historic architecture, historic association or historic value, or is not capable of yielding important information about the period, because that building structure:
A1. Was not present during the district's or area's period of historic significance; or B2. No longer possesses integrity due to alterations, disturbances, additions, or other changes; and C3. Does not independently meet the designation criteria as defined in this title.
Non-contributors in Historic Districts are subject to the Certificate of Appropriateness requirements; however, the principles, issues and standards are different than for contributors. Non- contributors in Neighborhood Conservation Areas are not subject to the Certificate of Appropriateness requirements.
AA. Person means any natural person, property owner, or occupant; association, company, corporation or other legal entity; local, city, county, or federal agency.
BB. Preservation means the identification, study, protection, restoration, rehabilitation, and/or acquisition of cultural resources.
CC. Point of cultural interest means
(A.) Criteria. Point of historical interest means a site, of local significance, meeting one or more of the following criteria:
1. Has anthropological, cultural, military, political, architectural, economic, scientific or technical, religious, experimental, or other value;
2. The original physical feature(s) no longer exist to an appreciable extent; and
3. Is found to not qualify as a recognized cultural resource or an eligible cultural resource. (B.) Not cultural resources . Points of cultural interest are recognized, not designated, and do not qualify as a cultural resource by virtue of their recognition. (C.) Intent. The purpose of points of cultural interest is to recognize otherwise -intangible historic facts about a place in the City. Points of cultural interest are strictly informational in nature. (D.) Relationship with other laws . Points of cultural interest are specifically and expressly intended to not have any significance under the California Environmental Quality Act ("CEQA") (Public Resources Code section 21000 et seq.) or the State CEQA Guidelines (14 Cal. Code Regs. Section 15000 et seq.), the National Environmental Protection Act, or any other environmental law, statute, or regulation.
Preservation means the identification, study, protection, restoration, rehabilitation, and/or acquisition of cultural resources.
CC. Qualified designee means the person(s) designated by the Historic Preservation Officer who meets the requirements of the Department of the Interior, National Park Service as set forth in Appendix A to Title 36, Part 61 (Professional Qualification Standards).
DD. Resource of Mm erit. See "Structure ( or Rresource) of Mmerit," below.
EE. Secretary of Interior's Standards for the Treatment of Historic Properties means the guidelines prepared by the National Park Service for preserving, rehabilitating, restoring, and reconstructing historic buildings and the standards for historic preservation projects prepared by the National Park Service with the most current gu idelines for applying the standards.
FF. Structure (or Rresource) of Mmerit means: any improvement or natural feature which contributes to the broader understanding of the historical, archaeological, cultural, architectural, community, aesthetic or artistic heritage of the City, retains sufficient integrity, and:
A. A ny improvement or natural feature which contributes to the broader understanding of the historical, archaeological, cultural, architectural, community, aesthetic , or artistic heritage of the City while retaining sufficient integrity ; and:
B. Meets one or more of the following criteria:
1. Has a unique location, orembodies a singular physical characteristic,s or contains is a view or vista representing an established and familiar visual feature within of a neighborhood, community or area.of the City
2. Is an example of a type of building which was once common but is now rare in its neighborhood, community or area;
3. Is connected with a business or use which was once common but is now rare;
4. A cultural resource that could be eligible under landmark criteria no longer exhibiting a high level of integrity, however, retaining sufficient integrity to convey significance under one or more of the landmark criteria;
45. Has yielded or may be likely to yield, information important in history or prehistory; or
56. Represents Aan improvement or Cultural Rresource that no longer exhibits the high degree of integrity sufficient for landmark designation, yet still retains necessarysufficient integrity under one or more of the landmark criteria to convey cultural resource significance as a structure or resource of merit.