Moreno Valley Municipal Code Ch. 7.07 Preservation Districts and Neighborhood Conservation Areas

A preservation district is any legally described geographic area having historical significance; special character for aesthetic value; serving as an established neighborhood or community center; representing one or more architectural periods or styles typical in the history of the city; or constituting a distinct section of the city, and which has been designated a preservation district by committee or by the city council on appeal.

(Ord. 126 § 1, 1987)

The designation, repeal or modification of a preservation district may be initiated by the committee, by the city council, the city planning commission or by a record owner of property within the district or proposed district. Application therefor shall be made to the planning director upon such forms and accompanied by such data and information as may be required for that purpose by the committee so as to assure the fullest practical presentation of the facts for proper consideration of the request.

(Ord. 126 § 1, 1987; Ord. 260 § 1.5, 1990)

Upon the acceptance by the director of developmental services of an application, the matter shall be set for public hearing thereon before the committee. The date of such hearing shall be not more than 50 days from the date of acceptance of the application.

(Ord. 126 § 1, 1987)

Notice of the date, time, place and purpose of the hearing before the board shall be given by at least one publication of a notice in a newspaper having general circulation in the city not less than ten days prior to the date of such hearing and by depositing in the United States mail, postage prepaid, at least ten days prior to the date of the hearing, notices addressed to the owner of each property being considered for inclusion in a preservation district. The last known name and address of each owner as shown on the records of the county assessor may be used for this notice. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record or the failure to receive any mailed notice shall not invalidate any proceedings in connection with the proposed designation.

(Ord. 126 § 1, 1987)

At the time and place so fixed and noticed, a public hearing shall be conducted before the committee. The committee may continue such hearing to a time and place certain when such action is deemed necessary or desirable. The committee may establish rules for the conducting of such public hearings.

(Ord. 126 § 1, 1987)

The director of developmental services shall cause to be made such investigation of facts bearing upon the application set for hearing as in the opinion of the director will provide sufficient information to permit the board to take action consistent with the intent and purpose of this title.

(Ord. 126 § 1, 1987)

The board may designate a preservation district in whole or in part if from the facts presented in the application, at the public hearing or by investigation, the committee finds that the area designated has historical significance, special character or aesthetic value; serves as an established neighborhood or community center; represents one or more architectural periods or styles typical in the history of the city; or constitutes a distinct section of the city and that the purposes of this title are furthered by such designation.

(Ord. 126 § 1, 1987)

A preservation district shall be designated by resolution of the committee. Rescission or modification of such designation shall be accomplished in the same manner.

(Ord. 126 § 1, 1987)

Notice of the designation, rescission or modification of preservation district status shall be transmitted by the director of developmental services to the city manager, to the redevelopment agency of the city, to the assessor and the recorder of Riverside County, and to any other interested departments and governmental and civic agencies. Each city department and division shall incorporate the notice of designation, rescission or modification into its records, so that future decisions or permissions regarding or affecting any preservation district made by the city will have been made with knowledge thereof and in accordance with the procedures set forth in this title. Whenever any project to be carried out on behalf of the city may have an impact on a designated preservation district, written notice shall be given to the committee and to the city council prior to taking any irreversible action to carry out such project.

(Ord. 126 § 1, 1987)

Any person aggrieved or affected by a decision of the committee in designating, repealing or modifying preservation district status may appeal to the city council from such decision at anytime within ten days after the date upon which the committee announced its decision. An appeal may be taken from the inclusion of a lot or parcel within the district. An appeal to the city council shall be taken by filing a letter of appeal, in duplicate, with the city clerk. Such letter of appeal shall set forth the grounds upon which the appeal is based. Within five days after the letter of appeal has been filed, the city clerk shall notify the committee and the director of developmental services of such filing. Within five working days after such notice is given, the director of developmental services shall lodge with the city clerk copies of the application and all other papers constituting the record upon which the action of the committee was taken. The city clerk shall give notice of hearing upon the appeal in the same manner and for the same time as is required by Section 7.07.040 for hearing in connection with an application before the committee. The date of such hearing upon the appeal shall be not more than 30 days from the date of filing of the appeal. Upon the hearing of such appeal, the city council may by resolution affirm, reverse or modify the determination of the committee.

(Ord. 126 § 1, 1987)

Every owner of property located within a designated preservation district shall maintain and keep such property in good repair, including the exterior of all structures and premises located upon such property. Good repair is defined as that level of maintenance and repair which clearly insures the continued availability of such structures and premises for lawful reasonable uses and prevents deterioration, dilapidation and decay of such structure and premises.

(Ord. 126 § 1, 1987)

The committee may encourage the protection, enhancement, appreciation and use of areas of historical, architectural, aesthetic, cultural or community value which have not been designated as preservation districts but are deserving of recognition by designating them as neighborhood conservation areas so as to emphasize their importance in the past, present and future of the city. Any decision of the committee designating a neighborhood conservation area shall be final and no appeal may be taken to the city council on account of any such action by the committee.

(Ord. 126 § 1, 1987)