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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 genera l 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 signi ficant 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 s tandards and guidelines;
. . .
8. Adopt standards including preservation guidelines t o be used by the approval authority, as defined in this Title, in reviewing applicatio ns 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 wo rkshop to discuss topic s u nder the purview of this Title .”
Section 3: Sec tion 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: Ta ble 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.
Secti on 5: Section 20.15.020 of the Riverside Munic ipal Code is amended as follows:
“Section 20.15.020 California Environmental Quality Act (CEQA) Approval.
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 environmental effects as identified in the Draft EIR.
d. A recommendation that the project be approved or denied.
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
3. The City Council sha ll consider the Board’s comment s 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 th e Board’s decision is n ot timely appealed or referred , t hen 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 Dra ft ND or MND, as it relates to Cultural Resources only, and provide comments, together with its recommendation that the project be approved, approved with modifications, or denied.
ii. The City Council shall consider the Board’s comme nts and recommendation, and may accept, accept with modification, or decline the Board’s recommendation.
C. CEQA Appeals. To the extent this Title authorizes the Board or HPO to take action on the adequacy of the CEQA review, said action shall be appealable to the City Co uncil consistent with Pub. Res. Code § 21151(c) provided that: (1) all administrative appeals were exhausted; (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: Secti on 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 pu blic hearing ("Hearing").
B. All recognitions and derocognitions require a Hearing.
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
C. 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.
D. 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 least o ne-eighth page in at least one newspa per of general circulation within the City at le ast ten days prior to the hearing.
c. Any person or entity that has f iled 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 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
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
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 C ouncil, failure of the Board to report to the City Council within 90 days, or within the time 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 Preservation Office r or Qualified Designee administratively. . . .
C. Except as otherwise provided in this T itle, notice shall be mailed or delivered, at l east ten days prior action to:
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. Appeals.
1. Administrative Action
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
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 fil ing a lett er 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 rec ommend affirming reverse or mod ify 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 Co uncil 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 Applic ant 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 a nd shall be accompanied by a filing fee as established by City Council resolution. c. If the tenth d ay is o n a weekend or holiday the appeal is extended to the end of the next regular business day.
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 u pon by the person filing the appeal, the applicant and the City. f. City Council decisions are final.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
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.
. . .”
Sect ion 11: Section 20.25.010 of the Riverside Municipal Code is amended as follows:
“Section 20.25.010 Certificates of Appropriateness Required.
A. In addition to any and all other City permit requirements a Certificate of Appropriateness is required before any person re stores, rehabilitates, alters, develops, constr ucts, demolishes, removes, or changes the appearance of any:
1. Designated Cultural Resource;
2. Eligible Cultural Resource; or
3. Any element in a g eographic Historic District (contributing and non -contributing) or contributor to Neighborhood Conservation Area (contributor).
B. Alterations that re quire 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. 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.”
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
Section 12: 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 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 mitig ate 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 ineligible for historic designation in an adopted Cultural resource su rvey, 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 13: 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 14: 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 any cultural resources, including la ndmarks (designated and eligi ble):
1. New or replacement fences, walls, awni ngs, and/or exterior lightings.
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
2. The in-kind replacement of his torically-correct architectural features or building elements, including w indows, doors, exterior siding, roofs, porches, cornices, balustrades, stairs, and the like, that are deteriorate d, damaged beyond restoration, or previously rem oved.
3. The in -kind replacement of historically correct site, or con tributing landscape features that are deteriorated, damaged beyond restoration, or previously removed.
4. Removal or alteration of landscape features, such as walkways, planter wall s, 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 inappropriate 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.
7. Exterior painting of commer cial prop erties and/or designated landmar ks, including only th ose surfaces 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 any cultural resources, excluding landmarks:
1. One-story additions to a single-story structure, less than 50 percent of the size of the existing ma in structure (or 1,000 square feet area, whichever is smaller, for residential), with limited or no visibility fr om public 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 l east two-stories in height.
3. Demolition of a, or the replacement of a previously existing, one -story, detache d garage and construction of a new one -story, detached garage that is architecturally compatible with the existing residence and cha racter-defining features of the e xisting neighborhood and the area devoted to parking does not exceed 400 s quare feet, or th e minimum size fo r a two -car garage as required by the City Zoning Code, whichever is greater. Maximum size of the st ructure shall no t exceed City Zoning Code requir ements.
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
C. For non-contributing features and non- contributors in a Historic District, all actions except:
1. Demolition.
2. New and in-fill construction.
3. Large additions (increasing floor area by 50 percent or more).
4. Increasing the number of stories (e.g., adding a second story to a single -story structure).
D. Under A, B and C above, t he Hist oric Preservat ion Officer or Qualified Designee may waive noticing requirements and/or formal application forms fo r cases that are immediately determined to meet all requ ired findings because they involve alteratio ns deemed insignificant or having no impact on the significance or integr ity of the Cultural Resources, such as fen ces, landscaping, like -for-like repair, or similar.”
Sect ion 15: 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 App ropriateness.
A. For proposed proje cts inv olving individually significa nt Cultural Resources (i.e. City Landmarks, Structures of Merit, etc .), the proposed project should demonstrate:
1. Consistency or compatibility with the arch itectural period and the character -defining elements of the historic building, such as colors, textures, materials, fenestratio n, decorative features, details, height , scale, massing, and method of construction ;
2. The proposed proje ct does not destroy or pose a substantial adverse change to an important architectural, historical, cultural or archaeological feature or features o f the Cultural Resource;
3. Compatibility with context considerin g the following factors: grading; site development; orientation of buildings; off -street parking; landscaping; signs; s treet furniture; public area s; relationship of the project to its surround ings;
4. Consistency with the principles of the Secretary of the Interior’s Standards for the Treatment of Historic Properties ; and
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
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 t he co ntributor ( 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, histor ical, 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
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 H istoric District, and as allowed by Title 19-Zoning;
2. Compatibility with the colors, textures, roof forms, and materials 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 th e principles of the Secretary of the Interior’s Standards for the Treatment of Historic Properties.”
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
Section 16: Section 20.25.060 of the Riverside Municipal Code is amended as follows:
“Section 20.25.060 Appeals.
Section 20.15.090 shall apply for appeals of any approval, conditional approval or denial of a Certificate of Appropriateness under this chapter, ”
Section 17: Chapter 20.26 entitled “Archaeological and Tribal Cultural Resources” is added to the Riverside Municipal Code as shown in Exhibit “B” attached hereto and incorporated herein.
Sect ion 18: 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 Counci l representative shall be appointed by the Mayor's No minating and Scre ening Committee ("Council Committee"). The remaining two shall be City resident s aff iliated 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. . . .
3. The Committee shall establish meeting rules, applicatio n deadlines, and the frequency of meetings; however, the Committee sha ll schedule a me eting to be held at le ast once every quarter and shall consider any submitted grant applications semiannually, as needed. . . .”
Sect ion 19: 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 wit hin a Historic District or Neighborhood Conservation Area shall maintain and keep in good repair the exterior of that resource, and all interior po rtions necessary to prevent loss or deterioration of any cultural or structural integrity. "Good repair" means that level
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(951) 826-5567
of main tenance 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 Enforce ment Division of the Community & Economic Development Department to the full extent permissible by law .
Failure to maintain a Cu ltural Resource m ay result in a Determination of Nuisance and Summary Abatement.”
Section 20: Section 20.40.010 of the Riverside Municipal Code is amended as follows:
“Section 20.40.010 Violations.
No person shall alter or demolish a Cultural Resource or a building, structure, object or site within a Historic District or Neigh borhood Conservation Area in violation of this title, either actively or passively, including through neglect .”
Sect ion 21: Section 20.40.040 of the Riverside Municipal Code is amended as follows:
“Section 20.40.040 Stop work orders.
The Community & Economic Development Director or designee has the authority to issue a stop work order for any violation or threatened violation of this t itle. A stop work order s hall 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 22: Section 20.40.050 of the Riverside Municipal Code is amended as follows:
“Section 20.40.050 Remedies.
A. Remedies shall apply to any viol ation of thi s Title. All remedies shall be cumulative to each other and not exclusive .
B. Remedies are at the sole discretion of the City and may include on e or more of the following:
1. Administrative Certificate of Approvals and Non-contributors in a Historic District:
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a. A retroactive Certificate of Appropriateness as defined in this Title shall be require d; 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. 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 Certificate of Appropriateness prior to restoration. c. Restoration shall use as much of the original material as possible. Th e City can compel the violator t o 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. Civil penalty.
a. If, in the sole judgment of the City, Rest oration is not feasible, the City Council may impose a civil penalty equal to the cost of restoring the cultural resource to its pre -violation condition, and all administrative an d 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 23: Section 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.”
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3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
Section 24: 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 Dir ector or designee.
. . .”
Sect ion 25: Section 20.45.020 of the Riverside Municipal Code is amended as follows:
“Section 20.45.020 Procedures.
A. Recommendation and approva l. Any proposed amendment 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 proposa l as modified by the Board. The City Council is the final approving authority.
. . .
D. Required finding s. In acting to approve an amendment , 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 complies with the purposes of this T itle.” Sect ion 26: Secti on 20.50.010 of the Riverside Municipal Code entitled “Definitions” is amended as shown in Exhibit “C” attached hereto and incorporated herein.
Se ction 27: 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 Ordinance shall become effective on the 30th day after the date of its adoption.
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28 CITY ATTORNEY’S OFFICE
3750 UNIVERSITY AVENUE,
SUITE 250
RIVERSIDE, CA 92501
(951) 826-5567
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
I, Donesia Gause , City Clerk of the City of Rive rside, California, hereby certify that the foregoing ordinance 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 th e City of Riverside, California, this _____ day of _______________, 2024.
______________________________
DONESIA GAUSE
City Clerk of the City of Riverside
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23-0956 01/24/24
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
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
A/F
Discretionary Permits and Actions (Public Meeting or Hearing Required) Board Certificate of
Appropriateness
F (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 A/F
Designation of a
Landmark
R A/F
Designation of an
Historic District
R A/F
R = Recommending Authority; F = Final Approving Authority (unless appealable); A = Appeal Authority; AR = Approving Authority as HPO on Referral;
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. (3) The Cultural Heritage Board is the final authority unless an EIR is being processed, in which case the final authority is City Council.
EXHIBIT “B”
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 “C”
CHAPTER 20.50
DEFINITIONS
For the purposes of this title, these terms are defined as follows:
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. 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 and/or historical qualities of the Cultural Resource.
Board means the Cultural Heritage Board.
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.
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.
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.
Contributing feature means a site, improvement, or natural feature that within a Historic District, Neighborhood Conservation Area, or an individually significant property that provides appropriate historic context, historic architecture, historic association , or historic value, or is capable of yielding important information about the period includ ing, but 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.
Contributor 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.
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.
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.
Cultural resources Overlay Zone means a Title 19 zoning category applied to a property identified as a Designated Cultural Resource.
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.
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 charac ter 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.
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 Histo rical 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.
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.
Historic District means an area which contains:
A.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.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 Inte rest (a "thematic Historic District").
In addition to either A. or B. above, the area also:
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 notable builders, designers, or architects;
5. Embodies a collection of elements of architectural design, detail, materials or craftsmanship that represent 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;
7. Conveys a sense of historic and architectural cohesiveness through its design, setting, materials, workmanship or association; or
8. Has yielded or may be likely to yield, information important in history or prehistory.
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 Tit le 36, Part 61 (Professional Qualification Standards).
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.
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.
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, fe eling, and association.
Land Use Committee means the Land Use, Sustainability, and Resilience Committee.
Landmark means:
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.
Moratorium means a suspension of an ongoing or planned development activity or permits.
Natural feature means any naturally -occurring tree, plant life, habitat, geographical or geological site or feature, but does not include Improvements.
Neighborhood conservation area means an area that:
A. Provides a contextual understanding of the broader patterns of Riverside's cultural, social, economic, political, aesthetic, engineering, architectural, or natural history; B. Represents established and familiar visual features of a neighborhood, community, or of the City;
C. Reflects significant development or geographical patterns, including those associated with different eras of settlement and growth; or
D. 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.
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:
A. Was not present during the district's or area's period of historic significance; or B. No longer possesses integrity due to alterations, disturbances, additions, or other changes; and C. Does not independently meet the designation criteria as defined in this title.
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:
A. Was not present during the district's or area's period of historic significance; or B. No longer possesses integrity due to alterations, disturbances, additions, or other changes; and C. Does not independently meet the designation criteria as defined in this title.
Person means any natural person, property owner, or occupant; association, company, corporation or other legal entity; local, city, county, or federal agency.
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.
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).
Resource of Merit See "Structure ( or Resource) of Merit," below.
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.
Structure (or Resource) of Merit means:
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 , embodies a singular physical characteristic , or contains a view or vista representing an established and familiar visual feature within a neighborhood, community or area.
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. Has yielded or may be likely to yield, information important in history or prehistory; or
5. Represents an improvement or Cultural Resource that no longer exhibits the high degree of integrity sufficient for landmark designation, yet still retains necessary integrity under one or more of the landmark criteria to convey cultural resource significance as a structure or resource of merit.