Riverside Municipal Code Ch. 20.25 Certificates of Appropriateness

A. In addition to any and all other City permit requirements a Certificate of Appropriateness is 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 Certificates of Appropriateness 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.

D. For the demolition of structures not previously identified as Cultural Resources, the Community & Economic Development Director and Historic Preservation Officer may require a Cultural Resources Report be prepared pursuant to Section 20.26.010 for the demolition of structures not previously identified as Eligible Cultural Resources, but may meet designation criteria, to determine if the structure is eligible for designation. If the subject property is found eligible for designation, a Certificate of Appropriateness and associated CEQA review is required pursuant to this chapter.

E. When granting a demolition permit for a Designated or Eligible Cultural Resource, a property within an Historic District, or contributors within a Neighborhood Conservation Area, additional conditions may be added by the Historic Preservation Officer/Board, as appropriate.

(Ord. 7684, § 4, 2024; Ord. 7657, § 11, 2024; Ord. 7206 §14, 2013; Ord. 7108 §1, 2010; Ord. 6263 §1 (part), 1996)

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 mitigate the unsafe or dangerous condition.

3. Before any physical work on any such unsafe structure, the Building Official shall make all reasonable efforts to consult with the Historic Preservation Officer or Qualified Designee to seek feasible alternatives to the proposed action that will adequately protect the public health and safety.

B. Structures found ineligible for historic designation 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.

(Ord. 7657, § 15, 2024)

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 employees 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

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 not to 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. 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 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.

C. Relationship to other Discretionary Approvals: If a project requires other Entitlements under Title 19 in addition to a Board Certificate of Appropriateness, the Cultural Heritage Board meeting shall occur prior to the meeting for associated Entitlements.

(Ord. 7684, § 5(Exh. A), 2024; Ord. 7108 §1, 2010; Ord. 6263 § 1 (part), 1996)

Except as set forth in this Chapter, Certificates of Appropriateness shall be reviewed by the Cultural Heritage Board.

(Ord. 7657, § 13, 2024)

The Historic Preservation Officer or Qualified Designee may administratively approve, approve with conditions, refer to the Board, or deny a Certificate of Appropriateness as follows:

A. For any cultural resources, including landmarks (designated and eligible):

1. New or replacement fences, walls, awnings, and/or exterior lightings.

2. The in-kind replacement of historically-correct architectural features or building elements, including windows, doors, exterior siding, roofs, porches, cornices, balustrades, stairs, and the like, that are deteriorated, damaged beyond restoration, or previously removed.

3. The in-kind replacement of historically correct site, or contributing landscape features that are deteriorated, damaged beyond restoration, or previously removed.

4. Removal 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 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 commercial properties and/or designated landmarks, including only those surfaces allowed to be painted include only those that were originally intended to be painted and exclude all other surfaces, such as brick, 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 main structure (or 1,000 square feet area, whichever is smaller, for residential), with limited or no visibility from public streets.

2. Two-story Accessory Dwelling 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.

3. 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 residence and character-defining features of the existing neighborhood and the area devoted to parking does not exceed 400 square 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 requirements.

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, the 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 involve alterations 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.

(Ord. 7657, § 14, 2024; Ord. 7206 §15, 2013; Ord. 7108 §1, 2010; Ord. 6263 § 1 (part), 1996)

The Historic Preservation Officer or Qualified Designee may, in its sole discretion, decline to administratively review any application and refer the application to the Board.

(Ord. 7206 §16, 2013; Ord. 7108 §1, 2010; Ord. 6263 §1 (part), 1996)

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 Appropriateness.

A. For proposed projects involving individually significant Cultural Resources (i.e. City Landmarks, Structures of Merit, etc.), the proposed project should demonstrate:

1. Consistency or compatibility with the architectural period and the character-defining elements of the historic building, such as colors, textures, materials, fenestration, decorative features, details, height, 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; street furniture; 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 massing 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 substantial 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

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 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 the principles of the Secretary of the Interior's Standards for the Treatment of Historic Properties.

(Ord. 7657, § 15, 2024; Ord. 7206 §17, 2013; Ord. 7108 §1, 2010; Ord. 6263 §1 (part), 1996)

Section 20.15.090 shall apply for appeals of any approval, conditional approval or denial of a Certificate of Appropriateness under this chapter.

(Ord. 7657, § 16, 2024; Ord. 7206 §18, 2013; Ord. 7108 §1, 2010; Ord. 6263 §1 (part), 1996)

Pursuant to the California Health and Safety Code, the Building Official may apply the State Historic Building Code in permitting repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, moving, or continued use of a designated cultural resource.

(Ord. 7108 §1, 2010; Ord. 6263 §1 (part), 1996)

Editor's note— Ord. No. 7684, § 6, adopted September 17, 2024, repealed § 20.25.080. Former § 20.25.080 pertained to certificate of appropriateness process in flow chart form and derived from Ord. 6263, § 1(part), adopted 1996; Ord. 7108, § 1, adopted 2010 and Ord. 7248, § 3, adopted 2014.