Riverside Municipal Code Ch. 20.15 Approvals and Hearings

Table 20.15.010 Approving and Appeal Authority

(Ord. 7737, § 1(Exh. A), 2025; Ord. 7657, § 4(Exh. A), 2024; Ord. 7108 §1, 2010; Ord. 7042 §1, 2009; Ord. 6786 §9, 2005; Ord. 6263 §1 (part), 1996)

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 Cultural 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.

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 Negative 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 not 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 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 comments 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 Council consistent with Pub. Res. Code § 21151(c) provided that: (1) All administrative appeals were exhausted; (2) Appeal is filed within ten days of the decision becoming final; and (3) The appeal is filed in a form and manner required by the Planning Division.

(Ord. 7657, § 5, 2024; Ord. 7206 §3, 2013; Ord. 7108 §1, 2010; Ord. 6263 §1 (part), 1996)

A. All designations, modifications of designations, and/or dedesignations require a public hearing ("Hearing").

B. All recognitions and derecognitions require a Hearing.

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 hearing.

1. Notice of the hearing shall 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 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 a least one-eighth page in at least one newspaper of general circulation within the City at least ten days prior to the hearing.

c. 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 notices. The City may require requests for notices to be annually renewed.

2. The notice shall be published in at least one newspaper of general circulation within the City at least ten days prior to the Hearing.

3. Neither failure to send any notice by mail to any property owner whose address is not a matter of public record, nor the non-receipt of any notice mailed pursuant to this chapter, shall invalidate that Hearing or any part of the proposed designation.

(Ord. 7657, § 6, 2024; Ord. 7206 §4, 2013; Ord. 7108 §1, 2010)

A. No public hearings are required. The application shall be set as a discussion calendar item for the Board meeting.

B. Upon the filing or referral of a complete application, a matter shall be set for a Board meeting within 90 days. The Board may continue a matter as it deems appropriate.

C. Notice shall be mailed or delivered, at least ten days 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 owners and occupants of real property 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 one-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 time specified by the City Council, shall be deemed as an approval by the Board.

(Ord. 7657, § 7, 2024; Ord. 7108 §1, 2010)

A. No public hearings are required. The application shall be considered by the Historic Preservation Officer or Qualified Designee administratively.

B. Within 60 days, the Historic Preservation Officer or Qualified Designee must act upon a complete application or refer the application to the Board.

C. Except as otherwise provided in this Title, notice shall be mailed or delivered, at least 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 Planning Division. To the extent permitted under state and local law, the City may use electronic mail as a means to providing notice.

D. Projects mandated by state law to be reviewed ministerially are exempt from all noticing requirements.

(Ord. 7657, § 8, 2024; Ord. 7206 §5, 2013; Ord. 7108 §1, 2010)

A. Demolition permit for the primary structure(s) of a property Designated or Eligible Cultural Resource, properties within a Historic District, or contributors to a Neighborhood Conservation Area—Notice shall be given at least 30 days prior to action pursuant to the following:

1. In accordance with Section 20.15.040;

2. Posting a Notice of Application - Demolition Request of durable, weather-resistant material on the property in a conspicuous place within five feet of the front property line. The notice shall specify:

a. Date of the demolition application;

b. The date of demolition application, applicant, project description, case number, staff contact information, means to submit comments, and applicable public meeting information:

c. The placard shall be a minimum of 11" × 17" in size with black block-style letters on contrasting background white or color paper. Project sites with greater than 100 feet of street frontage may require a placard larger than 11" × 17" in size and/or multiple placards, depending on the number of street frontages and width.

B. Noticing is not required for the demolition of accessory structures such as patio covers, gazebos, garages, etc.

(Ord. 7684, § 1, 2024)

A. No public hearing is required.

B. The City Council shall approve or deny the application as a consent item or discussion item. (See also Section 20.30.020.)

C. Notice of City Council meeting shall be sent to the property owner.

(Ord. 7206 §6, 2013; Ord. 7108 §1, 2010)

A. Structure relocations require a Certificate of Appropriateness.

B. Joint notices for any structure relocations shall made concurrently with and in the same manner required by Chapter 16.20. The area noticed shall be as required by Chapter 16.20, or a 450-foot radius at the destination site, whichever is greater.

(Ord. 7108 §1, 2010)

A. No public hearing is required.

B. The City Council shall approve or deny the Cultural Resource Survey findings as a consent item or discussion item.

C. Notice of the City Council action taken shall be sent to owners of affected properties.

(Ord. 7108 §1, 2010)

Editor's note— Ord. No. 7737, § 2, adopted October 21, 2025, repealed § 20.15.085. Former § 20.15.085 pertained to meeting and notice for Historic Preservation Fund Committee and derived from Ord. 7206 §7, adopted 2013.

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 extended to the end of the next regular business day.

d. The letter shall set forth the grounds for the appeal.

e. To the extent feasible, the 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 appeal 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 may 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 on 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 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.

(Ord. 7657, § 9, 2024; Ord. 7206 §8, 2013; Ord. 7108 §1, 2010)

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.

B. Designation, modification, and dedesignation shall be effective on the next City business day following City Council action.

(Ord. 7657, § 10, 2024; Ord. 7108 §1, 2010)

Any Certificate of Appropriateness shall become null and void if not exercised within the time limit specified in the approving document or within one year if no time has been specified.

(Ord. 7108 §1, 2010)

The Historic Preservation Officer or Qualified Designee may administratively extend the term of a Certificate of Appropriateness for one year, no more than twice.

(Ord. 7206 §9, 2013; Ord. 7108 §1, 2010)

Certificates of Appropriateness and other approvals under this title are transferred upon a change of ownership of the site, business, service, use or structures, provided that the conditions of the original Certificate or approval are fully complied with, and the project is not modified.

(Ord. 7108 §1, 2010)

A copy of all Certificates of Appropriateness or any other approval under this title shall be kept on site at all times during construction and made available upon request by an official of the City.

(Ord. 7108 §1, 2010)